type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) Order 2007 and shall come into force on 1st June 2007.
2
This Order extends to England and Wales only.
2
1
The following sites are designated for the purposes of section 128 of the Serious Organised Crime and Police Act 2005 —
a
85 Albert Embankment, London, SE1 7TP and its curtilage;
b
Buckingham Palace, the Mall, London, SW1A 1AA and its curtilage, including the buildings within that curtilage;
c
the Ministry of Defence Main Building, Whitehall, London, SW1A 2HB, subject to the following:
i
the site also includes the wall and vehicle ramps on the west side of the building adjoining Whitehall Gardens and Raleigh Green;
ii
the site does not include the steps, ramps and porticos that give access to the inside of the building;
d
the Old War Office Building, Whitehall, London, SW1A 2EU but the site does not include the steps that give access to the inside of the building;
e
St James’s Palace, Cleveland Row, London, SW1A 1BA and its curtilage, including the buildings within that curtilage and in particular Clarence House, but not the pavement on Marlborough Road to which the public has access;
f
Thames House, 11 and 12 Millbank, London, SW1P 4QE but the site does not include the steps that give access to the inside of the building; and
g
the sites described in paragraphs (2) to (11).
2
So much of the site of the Chequers Estate, Butlers Cross, near Aylesbury, Buckinghamshire, HP17 0UZ as is within the dotted line that is marked on the map in Schedule 1 (the Chequers site).
3
So much of the site including 10 Downing Street, London, SW1A 2AA as is within the dotted line that is marked on the map in Schedule 2 (the Downing Street site).
4
So much of the site of Government Communications Headquarters, Harp Hill, Cheltenham, GL52 5AU as is within the dotted line that is marked on the map in Schedule 3 (the GCHQ Harp Hill site).
5
So much of the site of Government Communications Headquarters, Hubble Road, Cheltenham, GL51 0EX as is within the dotted lines that are marked on the map in Schedule 4 (the GCHQ Hubble Road site).
6
So much of the site of Government Communications Headquarters, Racecourse Road, Scarborough, North Yorkshire, YO12 5TQ as is within the dotted lines that are marked on the map in Schedule 5 (the GCHQ Scarborough site).
7
So much of the site of Government Communications Headquarters, Woodford, Bude, Cornwall, EX23 9JJ as is within the dotted line that is marked on the map in Schedule 6 (the GCHQ Bude site).
8
So much of the site including Highgrove House, Doughton, near Tetbury, Gloucestershire, GL8 8TN as is within the dotted line that is marked on the map in Schedule 7 (the Highgrove House site).
9
So much of the site including the Palace of Westminster, London, SW1A as is within the dotted line that is marked on the map in Schedule 8 (the Palace of Westminster and Portcullis House site) subject to the following:
a
the dotted line that runs across Bridge Street only includes within the site the underground link that runs underneath Bridge Street;
b
the site does not include the following:
i
Westminster London Underground Station and the entrance to that station, and
ii
any commercial premises, which fall within the dotted line, to which the public has unrestricted access.
10
So much of the site including Sandringham House, Norfolk, PE35 6EN as is within the dotted line that is marked on the map in Schedule 9 (the Sandringham House site).
11
So much of the site including Windsor Castle, Berkshire, SL4 1NJ as is within the dotted line that is marked on the maps in Schedule 10 (the Windsor Castle site).
Tony McNulty
Minister of State
Home Office
20th March 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Childcare Act 2006 (Childcare Assessments) Regulations 2007 and come into force on 1st April 2007.
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“authority” means an English local authority ;
“child care element”, in relation to working tax credit, is to be read in accordance with section 12 of the Tax Credits Act 2002 ;
“disabled child” means a child who has a disability for the purposes of the Disability Discrimination Act 1995 ;
“early years childminding” has the same meaning as in section 98(1) of the Act ;
“free nursery provision” means nursery education —
provided in a maintained school pursuant to the duty imposed on an authority by section 118 of the School Standards and Framework Act 1998 (duty of LEA to secure sufficient nursery education), and in accordance with guidance given by the Secretary of State under that section ; or
provided free of charge by any other person in consideration of financial assistance provided by an authority under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of the 1998 Act;
“later years childminding” has the same meaning as in section 98(1) of the Act ;
“nursery education” has the same meaning as in Part 5 of the School Standards and Framework Act 1998;
“parent” includes any person who —
has parental responsibility for a child, or
has care of a child;
“session length” means the maximum period of time for which a childcare provider will care for a particular child in a day;
“special educational needs” has the same meaning as in section 312 of the Education Act 1996 .
3
For the purposes of these Regulations, the age ranges of children are —
a
children who have not attained the age of 3;
b
children of the age of 3 or 4;
c
children of the age of 5, 6 or 7;
d
children of the age of 8, 9 or 10;
e
children of the age of 11, 12, 13 or, subject to paragraph (4), 14; and
f
in relation to disabled children only —
i
subject to paragraph (4), children of the age of 14, and
ii
children of the age of 15, 16 or 17.
4
A child is of the age of 14 —
a
for the purposes of paragraph (3)(e), up until the 1st September next following the date on which he attains the age of 14; and
b
for the purposes of paragraph (3)(f), on and after the 1st September next following the date on which he attains the age of 14.
5
For the purposes of these Regulations, the types of childcare are —
a
childcare which is early years childminding or later years childminding;
b
childcare which is provided during the school term before or after school hours only;
c
childcare which is provided during school hours during the school term; and
d
childcare which is provided outside the school term.
Consultation
2
The following persons and descriptions of persons are prescribed for the purposes of section 11(6)(a) of the Act —
a
the Local Safeguarding Children Board established for the area of the authority;
b
the Secretary of State, in relation to his functions under section 2 of the Employment and Training Act 1973 ;
c
the authority’s relevant partners within the meaning of section 10(4) of the Children Act 2004 ;
d
such —
i
children,
ii
parents,
iii
childcare providers,
iv
employers,
v
governing bodies of maintained schools and proprietors of schools other than maintained schools,
vi
governing bodies of institutions within the further education sector or the higher education sector within the meaning of section 91 of the Further and Higher Education Act 1992 ,
vii
neighbouring authorities, and
viii
organisations representing the interests of persons mentioned in paragraphs (i) to (iv), or other organisations with an interest in the provision of childcare,
as the authority consider appropriate.
Preparation of a childcare assessment
3
1
A childcare assessment must be prepared according to the criteria specified in paragraphs (2) and (3).
2
The criteria are, in relation to each authority sub-area —
a
the number of free nursery provision places required by parents;
b
the number of free nursery provision places provided.
3
The criteria are, in relation to each authority sub-area, each age range of children and each type of childcare —
a
the number of places required by parents;
b
the number of places provided;
c
the number of places required by parents in respect of which the child care element of working tax credit is payable;
d
the number of places provided in respect of which the child care element of working tax credit is payable;
e
the times of day at which childcare is required by parents;
f
the times of day at which childcare is provided;
g
the range of session lengths provided;
h
the requirements for specialist care for children with special educational needs and disabled children;
i
the number of places provided by reference to type of special educational need or need for specialist care (in the case of disabled children);
j
the number of places provided but not being used; and
k
the range of charges payable in respect of childcare and parents’ ability to pay the charges.
4
The authority must make available for comment a draft childcare assessment.
5
In this regulation a “sub-area” of an authority is —
a
an electoral division or ward of the authority, or
b
such other appropriate geographical division into which the authority have notionally divided their area.
Prescribed matters for the purposes of the childcare assessment
4
A childcare assessment must deal with the following matters —
a
the information obtained by the authority pursuant to regulation 3(2) and (3) expressed in relation to the whole of the area of the authority;
b
a description of the sufficiency (or otherwise) of childcare in the authority’s area, described by reference to the following —
i
types of childcare;
ii
age ranges of children;
iii
charges for childcare and parents’ ability to pay the charges;
iv
times of day;
v
type of special educational need or need for specialist care (in the case of disabled children); and
vi
location within the authority’s area;
c
the authority’s estimate of future changes in the supply of, and demand for, childcare in the period covered by the assessment.
Publication of childcare assessment
5
An authority must publish a childcare assessment by —
a
placing it on the authority’s website; and
b
making copies available in such —
i
public libraries,
ii
premises of childcare providers,
iii
schools, and
iv
places to which the public have access,
as the authority consider appropriate.
Beverley Hughes
Minister of State
Department for Education and Skills
19th February 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Drivers’ Hours (Goods Vehicles) (Milk Collection) (Temporary Exemption) Regulations 2007 and shall come into force on 11 August 2007.
2
In these Regulations —
“the Act” means Transport Act 1968.
Temporary exemption
2
Where the driver of any goods vehicle engaged in the collection and transportation of milk meets at least one of the conditions in Regulation 3, the Act shall have effect as if for “eleven hours” in section 96(3)(a) there was substituted “thirteen hours”.
3
The conditions referred to in Regulation 2 are that the driver spends time driving or on duty during any working day either —
a
to meet special needs occasioned by the outbreak of foot-and-mouth disease in Great Britain (“the outbreak”), or
b
to deal with effects or consequences of the outbreak.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
10th August 2007


text:
Citation
1
This Order may be cited as the Madani Muslim High School (VA) (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Madani Muslim High School (VA), 77 Evington Valley Road, Leicester, LE5 5LL, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Muslim.
Sinead O’Sullivan
A Deputy Director in the
Department for Children, Schools and Families
17th December 2007


text:
1
This Order may be cited as the Finance Act 2006, section 19, (Appointed Day) Order 2007.
2
The amendments made by section 19 of the Finance Act 2006 have effect in relation to supplies made on or after 1st June 2007 (the appointed day).
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2007


text:
1
This Order may be cited as the Finance (No. 2) Act 2005, Section 13 (Corporation Tax Exemption for Scientific Research Organisations) (Appointed Day) Order 2007.
2
The day appointed for the purposes of section 13 of the Finance (No. 2) Act 2005 is 1st January 2008.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No.6) Order 2007.
2
In this Order, “ the Act ” means the Education and Inspections Act 2006.
Provisions coming into force on 1st January 2008
2
Section 5 of the Act comes into force in respect of special schools in relation to the local education authorities listed in Part 1 of the Schedule on 1st January 2008.
Provisions coming into force on 1st April 2008
3
Section 5 of the Act comes into force in respect of special schools in relation to the local education authorities listed in Part 2A of the Schedule and, in respect of primary schools , in relation to the local education authorities listed in Part 2B of the Schedule on 1st April 2008.
Jim Knight
Minister of State
Department for Children, Schools and Families
25th October 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Amendment Regulations 2007 and shall come into force on 1st May 2007.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ; and
b
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
2
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of Income Support Regulations) is amended as follows.
2
In Table A, in the modifications of —
a
regulation 45 of the Income Support Regulations, for “£21,000” substitute “£21,500”; and
b
regulation 53 of the Income Support Regulations —
i
for “12,750” substitute “£13,000”, and
ii
for “£21,000” substitute “£21, 500”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
23rd March 2007


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Air Quality Standards Regulations 2007 and come into force on 15th February 2007.
2
These Regulations apply in England, except for regulations 29 and 32(1)(a) which extend to the United Kingdom .
Definitions
2
1
In these Regulations —
“action plan” means an action plan required by regulation 11;
“additional polycyclic aromatic hydrocarbons” means those organic compounds, other than benzo(a)pyrene and basic polycyclic aromatic hydrocarbons, which are composed of at least two fused aromatic rings made entirely from carbon and hydrogen;
“agglomeration” has the meaning given in regulation 5(2);
“air quality standards” means limit values, target values, and long-term objectives;
“alert threshold” means an alert threshold set out in Schedule 3;
“ambient air” means outdoor air in the troposphere, excluding work places;
“assessment” (unless the context indicates otherwise) means any method used to measure, monitor, calculate, predict or estimate the concentration of a pollutant;
“attainment date” means the date (or, in the case of ozone, year) specified for the relevant air quality standard in Schedule 1;
“basic polycyclic aromatic hydrocarbons” means —
benzo(a)anthracene;
benzo(b)fluoranthene;
benzo(j)fluoranthene;
benzo(k)fluoranthene;
dibenz(a,h)anthracene; and
indeno(1,2,3-cd)pyrene;
“combined measurement” means an assessment of a Group A or Group B pollutant by means of a combination of fixed measurement and modelling techniques;
“concentration” means —
for pollutants other than Group B pollutants, the concentration of the relevant pollutant in ambient air; or
for Group B pollutants, the total content of the relevant pollutant in the PM 10 fraction in ambient air,
and, in both cases, a reference to a concentration is to a concentration assessed by the Secretary of State in accordance with these Regulations;
“fixed measurement” means measurement in accordance with regulation 14(1) for a Group A or Group B pollutant or regulation 14(3) for ozone;
“Group A pollutants” means benzene, carbon monoxide, lead, nitrogen dioxide and oxides of nitrogen, PM 10 and sulphur dioxide;
“Group B pollutants” means arsenic, benzo(a)pyrene, cadmium and nickel and their compounds;
“improvement plan” means an improvement plan required by regulation 8;
“information threshold” means the information threshold set out in Part 2 of Schedule 3;
“limit value” means a maximum concentration of a Group A pollutant set out in Part 1 of Schedule 1;
“long-term objective” means a maximum concentration of ozone set out in Part 4 of Schedule 1 which is to be achieved in the long term, in so far as this is possible through the measures required in relation to the long-term objective by regulation 7(3);
“lower assessment threshold” means the lower assessment threshold specified for the relevant pollutant in Parts 1 and 2 of Schedule 4;
“margin of tolerance” means an amount specified in Part 2 of Schedule 1 by which a limit value may be exceeded;
“oxides of nitrogen” means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;
“ozone precursor substances” means substances which contribute to the formation of ground level ozone;
“PM 2..5 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5μm aerodynamic diameter;
“PM 10 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10μm aerodynamic diameter, in relation to which, in the case of assessments of Group B pollutants, the inlet shall be as defined in CEN standard EN 12341: 1998 ;
“pollutant” means —
any Group A pollutant;
any Group B pollutant;
ozone; or
except in Part 2 of these Regulations, any pollutant to which Part 3 applies;
“polycyclic aromatic hydrocarbons” mean —
the basic polycyclic aromatic hydrocarbons; and
any of the additional polycyclic aromatic hydrocarbons;
“rural background station” means a station referred to in the fourth row (rural background) of the table in Part 3 of Schedule 6;
“target value” means a maximum concentration of a Group B pollutant set out in Part 3 of Schedule 1 or ozone set out in Part 4 of Schedule 1;
“upper assessment threshold” means the upper assessment threshold specified for the relevant pollutant in Parts 1 and 2 of Schedule 4; and
“zone” means one of the parts of the territory into which the Secretary of State has divided England under regulation 5(1) for the purposes of Part 2 of these Regulations, and references to a zone shall (unless the context indicates otherwise) include an agglomeration.
2
Other words and expressions used in these Regulations shall have the same meaning as in the following Directives —
a
Council Directive 96/62/ EC on ambient air quality assessment and management ;
b
Council Directive 1999/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air ;
c
Directive 2000/69/EC of the European Parliament and of the Council relating to limit values for benzene and carbon monoxide in ambient air ;
d
Directive 2002/3/EC of the European Parliament and of the Council relating to ozone in ambient air ; and
e
Directive 2004/107/EC of the European Parliament and of the Council relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air .
Designation of Secretary of State
3
The Secretary of State is designated as the competent authority for the purposes of article 3 (implementation and responsibilities) of Council Directive 96/62/EC .
PART 2 Group A and Group B pollutants and ozone
CHAPTER 1
Air Quality Standards
Preliminary and application
4
1
This Part applies in respect of the following pollutants —
a
Group A pollutants;
b
Group B pollutants; and
c
ozone.
2
The Secretary of State shall ensure that all measures taken under Chapters 2 or 3 of this Part —
a
take into account an integrated approach to the protection of air, water and soil; and
b
have no significant negative effect on —
i
any other member State; or
ii
any other part of the United Kingdom.
Zones and agglomerations
5
1
The Secretary of State shall, for the purposes of this Part, divide the territory of England into zones.
2
A zone shall be classified as an agglomeration for the purposes of this Part where —
a
it has a population in excess of 250,000 inhabitants; or
b
in any other case, the Secretary of State determines that its population density per km² is sufficiently high to justify such a classification.
3
The Secretary of State may establish different zones for different pollutants where he considers this appropriate.
Air quality standards
6
1
Schedule 1 prescribes the following air quality standards —
a
for Group A pollutants, the limit values set out in Part 1 of that Schedule;
b
for Group B pollutants, the target values set out in Part 3 of that Schedule; and
c
for ozone, the target values and long-term objectives set out in Part 4 of that Schedule.
2
Limit values —
a
shall be attained by the attainment date specified for the limit value concerned; or
b
apply when these Regulations come into force, if no attainment date is specified.
3
Target values shall be attained from the attainment date specified, in so far as this is possible.
4
In the case of benzene and nitrogen dioxide, the margins of tolerance set out in Part 2 of Schedule 1 apply within the periods specified.
CHAPTER 2
Attainment of air quality standards
General attainment measures
7
1
The Secretary of State shall take the necessary measures to ensure that the air quality standards in regulation 6 are attained.
2
In the case of Group B pollutants, the necessary measures are —
a
measures not entailing disproportionate costs; and
b
in so far as concentrations of a relevant pollutant arise as a result of emissions from installations to which Council Directive 96/61/EC concerning integrated pollution prevention and control applies, the application of best available techniques to prevent pollution from those installations in accordance with that Directive .
3
In the case of ozone, the necessary measures are measures the Secretary of State considers to be proportionate and, in relation to the long-term objectives, cost effective.
Improvement plans
8
1
This regulation applies in respect of each zone in which prior to the attainment date —
a
concentrations of benzene or nitrogen dioxide exceed a limit value plus the applicable margin of tolerance; or
b
concentrations of ozone exceed a target value.
2
Where paragraph (1)(a) applies, the Secretary of State shall prepare and implement an improvement plan for the pollutant in question or, where concentrations of both pollutants exceed the level referred to, a single improvement plan for both pollutants.
3
Where paragraph (1)(b) applies, the Secretary of State shall prepare and implement an improvement plan in respect of ozone unless he considers that the target value would not be attainable through proportionate measures.
4
An improvement plan shall include the information specified in Schedule 2.
5
Where the Secretary of State is required to prepare and implement an improvement plan under both paragraphs (2) and (3) he shall, where he considers it appropriate, prepare and implement an integrated improvement plan covering all of the pollutants concerned.
6
An improvement plan may comprise either a plan or a programme which, in either case, shall have the objective of attaining —
a
the limit value, by the attainment date; or
b
the target value, by 2010.
Other improvement measures
9
1
This regulation applies in respect of each zone in which —
a
concentrations of one or more Group B pollutants exceed the relevant target value; or
b
concentrations of ozone are equal to or below the target values, but exceed a long-term objective.
2
Where paragraph (1)(a) applies, the Secretary of State shall —
a
identify the cause of the pollution and the predominant sources of emissions; and
b
in relation to the pollutants concerned, ensure that the measures required by regulation 7(2) are directed in particular at the sources of emissions identified.
3
Where paragraph (1)(b) applies, the Secretary of State shall prepare and implement measures which he considers to be cost-effective with the aim of attaining the long-term objective.
4
The Secretary of State shall ensure that the measures required in paragraph (3) are consistent with the improvement plans prepared for ozone under regulation 8(3).
CHAPTER 3
Maintenance of air quality standards and action plans
Maintenance of air quality standards
10
1
This regulation applies in respect of each zone in which —
a
concentrations of one or more Group A pollutants are below the relevant limit values;
b
concentrations of one or more Group B pollutants are below the relevant target values; or
c
concentrations of ozone meet the long-term objectives.
2
Where sub-paragraphs (a) or (b) of paragraph (1) apply, the Secretary of State shall in respect of each pollutant meeting the conditions set out in those sub-paragraphs —
a
maintain compliance with the relevant limit values or target values; and
b
endeavour to maintain the lowest concentration which he considers to be compatible with sustainable development.
3
Where paragraph (1)(c) applies, the Secretary of State shall —
a
in so far as the transboundary nature of ozone pollution, meteorological conditions and any other similar factors permit, ensure that concentrations are kept at or below the long-term objectives; and
b
maintain through proportionate measures the lowest concentrations which he considers to be compatible with sustainable development and a high level of protection for the environment and human health.
Action plans
11
1
The Secretary of State shall —
a
in accordance with paragraphs (2) to (4) and (6), prepare; and
b
in accordance with paragraph (5) and (6), implement,
action plans.
2
The action plans shall indicate the measures to be taken within any zone in the short term in order to achieve the objectives set out in paragraph (3) in the event of circumstances in which the Secretary of State considers there is a risk that any one of the following will be exceeded —
a
a limit value;
b
the alert threshold for nitrogen dioxide or sulphur dioxide; or
c
subject to paragraph (4), the alert threshold for ozone.
3
The objectives of each action plan shall be —
a
to reduce the risk that the relevant limit value or alert threshold will be exceeded; or
b
where it is not possible to prevent the relevant limit value or alert threshold being exceeded, to limit the duration or severity of the occurrence.
4
In relation to ozone, the obligation imposed by paragraph (1)(a) shall only apply in so far as, taking into account geographical, meteorological and economic conditions, the Secretary of State considers there is significant potential for the objectives set out in paragraph (3) to be achieved.
5
When the Secretary of State considers that the risks referred to in paragraph (2) arise within a zone, he shall implement the measures indicated in the relevant action plans within that zone to the extent he considers necessary in the circumstances.
6
In preparing and implementing any action plans for ozone, the Secretary of State shall have regard to Annexes I and II to the Commission Decision of 19 March 2004 concerning guidance for implementation of Directive 2002/3/EC .
7
Schedule 3 has effect in prescribing —
a
alert thresholds for nitrogen dioxide and sulphur dioxide, in Part 1 of that Schedule; and
b
the alert threshold and information threshold for ozone, in Part 2 of that Schedule.
CHAPTER 4
Assessment
Duty to assess air quality
12
The Secretary of State shall assess the concentration of each pollutant within each zone, in accordance with regulations 13 to 16.
Assessment methods
13
1
Subject to paragraph (2), the Secretary of State shall assess concentrations of a Group A pollutant by fixed measurement where —
a
the assessment takes place within an agglomeration; or
b
in any other zone, representative concentrations of that pollutant exceed the relevant upper assessment threshold.
2
Where the zone concerned is the same as that established under the Air Quality Limit Values Regulations 2003 (“the 2003 Regulations ”), the Secretary of State may continue to use the method by which concentrations of a Group A pollutant were assessed within that zone under the 2003 Regulations (“the 2003 method ”).
3
Except where fixed measurement is required by paragraph (1) or he continues to use the 2003 method in accordance with paragraph (2), and, in the case of nitrogen dioxide, subject to the requirements imposed by regulation 15(7), the Secretary of State may assess concentrations of a Group A pollutant by any one of the following methods —
a
fixed measurement;
b
combined measurement; or
c
the sole use of modelling or objective estimation techniques, provided that representative concentrations of the pollutant in the zone concerned are below the relevant lower assessment threshold.
4
The Secretary of State shall assess concentrations of a Group B pollutant by fixed measurement in any zone in which representative concentrations of that pollutant exceed the relevant upper assessment threshold.
5
Except where fixed measurement is required by paragraph (4), the Secretary of State may assess concentrations of a Group B pollutant by one of the following methods —
a
fixed measurement;
b
combined measurement; or
c
the sole use of modelling or objective estimation techniques, provided that representative concentrations of the pollutant in the zone concerned are below the relevant lower assessment threshold.
6
For the purposes of paragraphs (1) and (3) to (5), the Secretary of State shall determine the representative concentrations in accordance with Part 3 of Schedule 4.
7
The Secretary of State shall review the method by which concentrations of a Group A or Group B pollutant are assessed at least once every five years or earlier if there are significant changes in activities affecting concentrations of the relevant pollutant within the zone concerned.
8
Where the Secretary of State continues to use the 2003 method, the date from which the period of review commences is the later of —
a
the date the zone was classified under regulation 7(1) of the 2003 Regulations; or
b
the date on which that classification was last reviewed under regulation 8 of those Regulations.
9
The Secretary of State shall assess concentrations of ozone by fixed measurement if, within the zone concerned, concentrations have exceeded a long-term objective during any of the previous five years of measurement.
10
Where fewer than five years’ information on concentrations is available, the Secretary of State may assess concentrations of ozone by —
a
measurement campaigns of short duration at times and locations which he considers are likely to be typical of the highest pollution levels; and
b
results from emission inventories and modelling.
Fixed and combined measurement
14
1
Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement or by combined measurement he shall ensure that —
a
measurements of the relevant pollutant are taken at sampling points either continuously or by random sampling, subject, in the case of nitrogen dioxide, to the requirements imposed by regulation 15(7); and
b
the number of measurements is sufficiently large to enable concentrations of that pollutant to be properly determined.
2
Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement, he may supplement information from sampling points for fixed measurement with information from modelling techniques in so far as he considers this will provide an adequate level of information on ambient air quality.
3
Where the Secretary of State assesses concentrations of ozone by fixed measurement —
a
he shall ensure that —
i
the measurements are taken at fixed sites continuously; and
ii
the number of measurements is sufficiently large to enable concentrations to be properly determined;
and
b
he may supplement information from sampling points with information from modelling techniques or indicative measurements.
Sampling points
15
1
Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by fixed measurement he shall, except in cases falling within paragraph (2)(a), install the number of sampling points required for the zone in accordance with the relevant Part of Schedule 5.
2
Where the Secretary of State assesses concentrations of a Group A or Group B pollutant by —
a
fixed measurement, in cases where he obtains information from modelling techniques under regulation 14(2); or
b
combined measurement,
he shall install the number of sampling points he determines is sufficient, taken together with the spatial resolution of the other techniques employed, for concentrations of the relevant pollutant to be established within the zone concerned.
3
The Secretary of State shall locate all sampling points for Group A and Group B pollutants in accordance with the requirements set out in the relevant Parts of Schedule 6.
4
Where the Secretary of State assesses concentrations of ozone by fixed measurement he shall, except where paragraphs (5) or (6) apply, install the number of sampling points required for the zone in accordance with Part 4 of Schedule 5.
5
In the case of zones where —
a
five years of measurement have been carried out; and
b
during each of those years, concentrations of ozone have been below the long-term objectives,
the Secretary of State may determine the number of sampling points in accordance with Part 5 of Schedule 5.
6
In the case of zones in which the Secretary of State supplements the information obtained from sampling points for fixed measurement with information from modelling techniques or indicative measurement in accordance with regulation 14(3)(b), he may reduce the number of sampling points for ozone provided that —
a
he considers that the modelling techniques adopted provide an adequate level of information for the assessment of air quality with regard to —
i
the target values;
ii
the information threshold; and
iii
the alert threshold;
b
he considers that the number of sampling points to be installed and the spatial resolution of other techniques are sufficient for the concentration of ozone to be established and to enable the compilation of assessment results as specified in Part 3 of Schedule 7;
c
the number of sampling points in each zone amounts to —
i
at least one sampling point per two million inhabitants; or
ii
one sampling point per 50,000 km²,
whichever produces the greater number of sampling points;
d
each zone contains at least one sampling point; and
e
concentrations of nitrogen dioxide are assessed at all remaining sampling points except rural background stations.
7
The Secretary of State shall ensure that —
a
except where paragraph (6)(e) applies, concentrations of nitrogen dioxide are assessed at least half of the number of sampling points required to be installed for ozone in accordance with Part 4 of Schedule 5; and
b
the measurement of nitrogen dioxide taken at any sampling point is continuous, except at rural background stations where other measurement methods may be used.
8
The Secretary of State shall locate all sampling points for ozone in accordance with the requirements set out in the relevant Parts of Schedule 6.
Other assessment requirements
16
1
When the Secretary of State undertakes assessments by methods other than fixed measurement, he shall comply with the requirements of the relevant Part of Schedule 7 when using those other methods.
2
When conducting any assessment under this Chapter, the Secretary of State shall have regard to the relevant data quality objectives set out in Schedule 8.
3
The Secretary of State shall undertake assessments in accordance with —
a
the relevant reference methods required by Schedule 9; or
b
any alternative reference methods, where he considers that the method in question is likely to give equivalent results to the relevant method required by Schedule 9.
4
Measurements of volume of benzene, carbon monoxide, nitrogen dioxide, oxides of nitrogen, ozone and sulphur dioxide shall be standardised at a temperature of 293K and a pressure of 101.3 kPa.
PART 3 Other pollutants and background monitoring
Measurement of PM 2.5
17
1
The Secretary of State shall install and operate measuring stations to supply representative data on concentrations of PM 2.5 .
2
The Secretary of State shall —
a
determine the number of measuring stations he considers necessary;
b
locate each measuring station —
i
together with a sampling point for PM 10 , where this is possible; or
ii
in any other case, in accordance with the principles set out in Parts 1, 4 and 5 of Schedule 6 which are relevant to PM 10 ;
c
use reference methods for sampling and measurement that he considers suitable; and
d
have regard to the data quality objectives set out in Part 1 of Schedule 8.
Measurement of ozone precursor substances
18
1
The Secretary of State shall install and operate one or, if he considers it necessary, more measuring stations, to supply data on concentrations of the ozone precursor substances set out in Schedule 10.
2
When complying with paragraph (1), the Secretary of State shall have regard —
a
generally, to Annex III of the Decision referred to in regulation 11(6); and
b
in choosing the number and sites of the measuring stations and in their operation, to Schedule 10.
Monitoring of polycyclic aromatic hydrocarbons
19
1
The Secretary of State shall monitor concentrations of —
a
basic polycyclic aromatic hydrocarbons; and
b
any additional polycyclic aromatic hydrocarbons which he decides should be monitored,
at monitoring sites designated by him for this purpose.
2
The Secretary of State shall locate each monitoring site —
a
together with a sampling point for benzo(a)pyrene, where this is possible; or
b
in any other case, in accordance with those Parts of Schedule 6 relevant to Group B pollutants.
3
The total number of monitoring sites and their overall selection shall be such as the Secretary of State considers necessary to ensure that the monitoring provides sufficient information to identify long-term trends and geographical variation in the concentration of each polycyclic aromatic hydrocarbon.
4
Regulation 16(2) and (3) shall apply to the monitoring required by this regulation as if such monitoring were an assessment under Chapter 4 of Part 2.
Background monitoring
20
1
The Secretary of State shall install and operate background sampling points to provide the measurements referred to in paragraph (2).
2
The measurements are indicative measurements of —
a
concentrations of —
i
Group B pollutants;
ii
basic polycyclic aromatic hydrocarbons; and
iii
total gaseous mercury;
and
b
total deposition of —
i
Group B pollutants, within the PM 10 fraction;
ii
basic polycyclic aromatic hydrocarbons; and
iii
mercury.
3
For the purposes of paragraphs (1) and (2), the Secretary of State shall ensure that —
a
at least one sampling point is installed for every 100,000 km²; and
b
each sampling point is located in accordance with those Parts of Schedule 6 relevant to Group B pollutants.
4
Regulation 16(2) and (3) shall apply to the taking of the measurements referred to in paragraph (2) as if the taking of these measurements were an assessment under Chapter 4 of Part 2.
5
The Secretary of State may —
a
in addition to the indicative measurements referred to in paragraph (2), take further indicative measurements relating specifically to particulate and gaseous divalent mercury from the sampling points installed under paragraph (1); and
b
coordinate any measurements taken under this regulation with the European Monitoring and Evaluation of Pollutants monitoring strategy and measurement programme.
6
For the purpose of paragraph (2)(a)(iii), “total gaseous mercury” means —
i
elemental mercury vapour (Hg 0 ); and
ii
reactive gaseous mercury.
PART 4 Public information and participation
General requirements
21
1
The Secretary of State shall —
a
ensure that up-to-date information is made available to the public in accordance with this Part; and
b
consult the public in accordance with regulation 28.
2
The Secretary of State shall ensure that the information to which this Part relates is —
a
made available in a form that is clear, comprehensible and accessible;
b
disseminated or published by the most appropriate means, as he may determine, including (but not necessarily limited to) broadcast media, press, publications, information screens, the internet or other computer network sources; and
c
up-dated —
i
in accordance with a minimum frequency specified in this Part; or
ii
in other cases, as soon as practicable.
3
For the purposes of this Part, “the public” includes health-care bodies and other organisations having an interest in ambient air quality or representing the interests of sensitive people or the environment.
Information regarding zones
22
The Secretary of State shall make available —
a
information identifying each zone and specifying which zones have been classified as agglomerations;
b
lists of —
i
zones which have attained all air quality standards; and
ii
zones which have not attained one or more of the air quality standards, in which case the list shall specify the pollutants and air quality standards concerned;
c
until 31st December 2009, a list of zones in which concentrations of benzene or nitrogen dioxide either —
i
exceed a limit value plus the relevant margin of tolerance; or
ii
are between a limit value and the relevant margin of tolerance,
specifying, in both cases, the pollutant and limit values for which this is the case; and
d
a list classifying each zone in relation to the method by which the Secretary of State assesses concentrations of each Group A and Group B pollutant within that zone in accordance with regulation 13.
Information on concentrations
23
1
The Secretary of State shall make available information in respect of —
a
concentrations of Group A pollutants;
b
concentrations of Group B pollutants;
c
concentrations of ozone; and
d
in so far as measured or monitored under Part 3 of these Regulations —
i
concentrations of mercury, PM 2.5 and polycyclic aromatic hydrocarbons; and
ii
deposition rates of Group B pollutants, mercury and basic polycyclic aromatic hydrocarbons.
2
The information referred to in paragraph (1)(a) shall be updated in the cases of —
a
benzene, as an average value over the preceding 12 months —
i
at least on a three-monthly basis; and
ii
where practicable, on a monthly basis;
b
carbon monoxide, as a maximum running average over eight hours —
i
at least on a daily basis; and
ii
where practicable, on an hourly basis;
c
lead, on a three monthly basis; and
d
nitrogen dioxide, sulphur dioxide and PM 10 —
i
at least on a daily basis; and
ii
in the case of hourly values for nitrogen dioxide and sulphur dioxide, where practicable, on an hourly basis.
3
The information required to be made available by paragraph (1)(c) shall be updated —
a
at least on a daily basis; and
b
where appropriate and practicable, on an hourly basis.
4
The information required to be made available by paragraph (1)(d)(i) in respect of PM 2.5 shall be updated at least on a daily basis.
Information on breach of alert or information threshold
24
1
The Secretary of State shall, as soon as possible in each case, make available —
a
the information set out in Part 1 of Schedule 11, when the alert threshold for nitrogen dioxide or sulphur dioxide is exceeded; and
b
the information set out in Part 2 of Schedule 11 —
i
when the alert threshold or information threshold for ozone is exceeded; and
ii
in so far as practicable, when either threshold is predicted to be exceeded.
2
In cases where the Secretary of State makes information available under both sub-paragraphs (a) and (b) of paragraph (1), he shall combine the information in a comprehensive format.
3
Without prejudice to the generality of the obligation imposed by this regulation, in cases where the alert threshold for ozone is exceeded or is predicted to be exceeded, the Secretary of State shall ensure that timely information is provided to health-care bodies.
Information on breach of air quality standards
25
1
The Secretary of State shall provide the information required by paragraphs (2) to (5) in respect of each of the pollutants to which those paragraphs relate.
2
For Group A pollutants, the Secretary of State shall indicate the extent to which the following have been exceeded —
a
any limit value, over the relevant averaging period set out in Part 1 of Schedule 1; or
b
the alert thresholds for nitrogen dioxide or sulphur dioxide,
and provide a short assessment of these occurrences and their effects on health.
3
For Group B pollutants, the Secretary of State shall —
a
indicate any occasion during which any target value has been exceeded; and
b
in relation to each occurrence, provide at least the following information —
i
the areas within each zone in which the target value was exceeded;
ii
the reasons for the occurrence and the predominant sources of emissions identified in accordance with regulation 9(2)(a);
iii
a short assessment of the effect of the occurrence on overall compliance with the target value in the zone concerned;
iv
details of the measures being directed at any identified sources of emissions in accordance with regulation 9(2)(b); and
v
the prospects for attainment of the target value in the zone affected.
4
For ozone, the Secretary of State shall —
a
indicate any occasion during which concentrations have exceeded —
i
the long-term objectives for the protection of human health;
ii
the information threshold; or
iii
the alert threshold;
and
b
provide a short assessment of each occurrence, including its extent and its effects on health.
5
The Secretary of State shall update the information referred to in paragraphs (2) and (4) in accordance with the timescales specified for the pollutants in question by regulation 23(2) and (3).
Ozone annual report
26
1
The Secretary of State shall produce an annual report in relation to ozone containing the following information —
a
for human health, an indication of all occasions during which —
i
the target value;
ii
long-term objective; or
iii
alert threshold,
has been exceeded;
b
for vegetation, an indication of all occasions during which —
i
the target value; or
ii
long-term objective,
has been exceeded; and
c
in relation to both sub-paragraphs (a) and (b), a short assessment of the effects of each such occurrence.
2
The information referred to in paragraph (1)(b) may include, where appropriate —
a
further information and assessments on forest protection, obtained and collated in accordance with Part 1 of Schedule 12; and
b
information on ozone precursor substances.
Information on action and improvement plans
27
1
The Secretary of State shall —
a
make available; and
b
provide information on the implementation of,
each action plan and improvement plan.
2
Where regulation 11(4) applies, the Secretary of State shall make available the results of the investigations undertaken in the context of his considerations under that regulation, irrespective of whether he has prepared an action plan under regulation 11(1)(a).
Public participation in improvement plans
28
1
The Secretary of State shall consult the public where he proposes to prepare, modify or review an improvement plan.
2
Where paragraph (1) applies, the Secretary of State shall —
a
inform the public as to his proposal, any relevant background information and the right of the public to participate in the relevant decision making process;
b
specify the means by which the public can participate in the consultation, including an address for responses, and a reasonable timescale for the consultation; and
c
take account of the results of the consultation in making the relevant decision.
3
Where, following a consultation, the Secretary of State takes a decision in relation to his proposal, he shall inform the public and provide information as to the reasons and considerations on which his decision is based as well as information as to the public participation process.
PART 5 Final and miscellaneous provisions
Transboundary pollution
29
1
For the purpose of this regulation, a transboundary pollution issue arises when —
a
concentrations of any Group A pollutant within any part of the United Kingdom exceed, or are likely to exceed —
i
except where sub-paragraph (ii) applies, a limit value;
ii
in the case of benzene or nitrogen dioxide before 1st January 2010, a limit value plus the relevant margin of tolerance; or
iii
in the case of nitrogen dioxide or sulphur dioxide, the alert threshold,
as a result of significant pollution in another member State;
b
concentrations of ozone in any part of the United Kingdom exceed —
i
a target value; or
ii
a long-term objective,
and a significant part of the cause of this is the emission of ozone precursor substances in another member State; or
c
concentrations of ozone in another member State exceed —
i
a target value; or
ii
a long-term objective,
and a significant part of the cause of this is the emission of ozone precursor substances in the United Kingdom.
2
It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland as applicable.
3
When the Secretary of State — —
a
considers that a transboundary pollution issue has arisen affecting England;
b
receives notification from the relevant administration under paragraph (2); or
c
is notified by any other member State that —
i
concentrations of any Group A pollutant within that member State exceed, or are likely to exceed, the levels specified in paragraph (1)(a) as a result of significant pollution in the United Kingdom; or
ii
paragraph (1)(c) applies in relation to that member State,
he shall consult any member State directly concerned on any remedial action.
4
In the case of a transboundary pollution issue to which paragraph (1)(b) or (c) applies, where the Secretary of State considers that attaining the relevant target value or long-term objective in the United Kingdom or the member State concerned, as the case may be, is reasonably achievable through proportionate measures, he shall take the action prescribed in paragraph (5).
5
Where paragraph (4) applies, the Secretary of State shall, in consultation with any relevant administration concerned, co-operate with the member State concerned in preparing joint plans and programmes with the objective of attaining the target value or long-term objective in the United Kingdom or the other member State as the case may be.
6
Where paragraph (4) applies, the Secretary of State shall —
a
ensure that any action plans prepared under regulation 11(1)(a) in relation to ozone cover the relevant neighbouring areas affected in both —
i
Scotland, Wales and Northern Ireland; and
ii
the member State concerned,
as the case may be; and
b
take such steps as he considers appropriate to ensure that any action plans drawn up by a relevant administration under article 7 of the Directive referred to at regulation 2(2)(d) cover such neighbouring areas.
7
Where paragraphs (5) or (6) apply, the Secretary of State shall ensure that —
a
in so far as possible, the joint plans and programmes required by paragraph (5) include the information specified in Schedule 2 for improvement plans; and
b
any other member State concerned is provided with the information which is required to be made available in relation to action and improvement plans in accordance with the Directives referred to in regulation 2(2)(a) to (d).
8
The Secretary of State shall ensure that where concentrations of ozone exceed —
a
the information threshold; or
b
the alert threshold,
in any zone close to the border with another member State, full information of this occurrence is provided promptly to the competent authorities of the other member State concerned, in order to facilitate the provision of information to the public in that member State.
9
In discharging his obligations under this regulation, the Secretary of State shall, where appropriate, seek to co-operate with any other countries concerned, not being member States.
10
In any case which appears to him to affect Wales, Scotland or Northern Ireland, the Secretary of State shall —
a
inform the relevant administration of any notification made under paragraph (3)(c); and
b
consult the relevant administration about any action which he proposes to take.
11
In this regulation, “relevant administration” means —
a
the National Assembly for Wales for matters affecting Wales;
b
the Scottish Ministers for matters affecting Scotland; and
c
the Department of the Environment for matters affecting Northern Ireland.
Power to give directions
30
1
This regulation applies for the purposes of the implementation of any obligations of the United Kingdom under the Directives referred to at regulation 2(2)(a), (b) and (c).
2
Where paragraph (1) applies, the Secretary of State shall have the same power to give directions under these Regulations to —
a
local authorities in Greater London; and
b
the Mayor of London,
as the Secretary of State has under section 85(5)(a) of the Environment Act 1995 in relation to local authorities outside Greater London.
3
The provisions of subsections (6) and (7) of section 85 of the Environment Act 1995 shall apply to directions given under this regulation as they apply to directions given under section 85(5)(a), and, in the case of paragraph (2)(b) of this regulation, as if the Mayor of London were a local authority.
Collation of information etc
31
1
The Secretary of State shall ensure that the information specified in Part 1 of Schedule 12 is obtained and collated.
2
The criteria for aggregating data and calculating statistical parameters specified in Part 2 of Schedule 12 shall apply in the case of ozone.
Revocations
32
1
The following Regulations are revoked —
a
The Air Quality Limit Values Regulations 2003 ; and
b
The Air Quality Limit Values (Amendment) (England) Regulations 2004 .
2
Regulation 6 of the Air Quality Standards Regulations 1989 is revoked from, and including, 1st January 2010.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
15th January 2007


text:
Citation
1
This Order may be cited as The Constitutional Reform Act 2005 (Commencement No. 7) Order 2007.
Commencement of Provisions of the Constitutional Reform Act 2005
2
The following entries in Schedule 14 of the Constitutional Reform Act 2005 come into force on the day after this Order is made in so far as they are not already in force —
1
Member of panel appointed under paragraph 2(a) of Schedule 10 to the Rent Act 1977 ;
2
Member of the Mental Health Review Tribunal; and
3
Member of panel of persons to act as members of appeal tribunals appointed under section 6(2) of the Social Security Act 1998 where it is a requirement that the member be a medical practitioner.
Falconer of Thoroton, C.
20th March 2007


text:
Introductory
1
1
This Order may be cited as the Copyright and Performances (Application to Other Countries) Order 2007 and shall come into force on 6th April 2007.
2
In this Order “ the Act “ means the Copyright, Designs and Patents Act 1988.
3
The Copyright and Performances (Application to Other Countries) Order 2006 is revoked .
Literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions
2
1
All the provisions of Part 1 of the Act, insofar as they relate to literary, dramatic, musical and artistic works, films and the typographical arrangement of published editions, apply in relation to the countries indicated in the second column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom,
subject to paragraph (2).
2
Where a literary, dramatic, musical or artistic work was first published before 1st June 1957 it shall not qualify for copyright protection by reason of section 154 (qualification by reference to author).
Sound recordings
3
1
Except for the provisions listed in paragraph (2)(a), all the provisions of Part 1 of the Act, insofar as they relate to sound recordings, apply in relation to the countries indicated in the third column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to works first published in those countries as they apply in relation to works first published in the United Kingdom.
2
Where in the third column of the table set out in the Schedule the entry for a country —
a
includes an asterisk (*), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country —
i
section 18A (infringement by rental or lending of work to the public) insofar as it applies to lending;
ii
section 19 (infringement by playing of work in public) ;
iii
section 20 (infringement by communication to the public) ;
iv
section 26 (secondary infringement: provision of apparatus for infringing performance, &c); and
v
section 107(2A) and (3) (criminal liability for communicating to the public or playing a sound recording) ;
b
includes a hash (#), the following provisions of Part 1 of the Act, insofar as they relate to sound recordings, also apply to that country —
i
section 20 (infringement by communication to the public), except that references to communication to the public do not include the broadcasting of a sound recording; and
ii
section 107(2A) (criminal liability for communicating to the public), except that it does not apply in relation to the broadcasting of a sound recording.
Wireless broadcasts
4
1
Except for the provisions listed in paragraph (2), all the provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, apply in relation to the countries indicated in the fourth column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom,
subject to paragraphs (3) to (5).
2
The following provisions of Part 1 of the Act, insofar as they relate to wireless broadcasts, also apply in relation to a country where its entry in the fourth column of the table set out in the Schedule does not include an asterisk (*) —
a
section 18A (infringement by rental or lending of work to the public);
b
section 19 (infringement by showing or playing of work in public), but only insofar as it relates to broadcasts other than television broadcasts;
c
section 20 (infringement by communication to the public), except in relation to broadcasting by wireless telegraphy;
d
section 26 (secondary infringement: provision of apparatus for infringing performance, &c), but only insofar as it relates to broadcasts other than television broadcasts;
e
section 107(2A) (criminal liability for communicating to the public), except in relation to broadcasting by wireless telegraphy.
3
The provisions of Part 1 of the Act do not apply in relation to a wireless broadcast made from a place in a country, referred to in paragraph (4), before the relevant date.
4
The relevant date in relation to a country —
a
where its entry in the fourth column of the table set out in the Schedule includes an “(X)”, is 1st June 1957;
b
where its entry in the fourth column of the table set out in the Schedule includes a “(Y)”, is 1st January 1996; or
c
where there is a date next to its entry in the fourth column of the table set out in the Schedule, is that date.
5
For the purposes of section 14(5) of the Act (duration of copyright in repeats) any wireless broadcast which does not qualify for copyright protection shall be disregarded.
Other broadcasts
5
All the provisions of Part 1 of the Act, insofar as they relate to broadcasts (other than wireless broadcasts), apply in relation to the countries indicated in the fifth column of the table set out in the Schedule so that those provisions apply —
a
in relation to persons who are citizens or subjects of, or are domiciled or resident in, those countries as they apply to persons who are British citizens or are domiciled or resident in the United Kingdom,
b
in relation to bodies incorporated under the laws of those countries as they apply in relation to bodies incorporated under the law of a part of the United Kingdom, and
c
in relation to broadcasts made from those countries as they apply in relation to broadcasts made from the United Kingdom.
Performances
6
1
The countries in respect of which the word “designated” is included in the sixth column of the table set out in the Schedule are designated as enjoying reciprocal protection under Part 2 of the Act.
2
The countries in respect of which the word “deemed” is included in the sixth column of the table set out in the Schedule shall be treated as if they were designated as enjoying reciprocal protection under Part 2 of the Act, except that —
a
in that Part the term “recording” shall be construed as applying only to sound recordings (and not to films);
b
the following provisions of Part 2 of the Act shall not apply —
i
section 182C (consent required for rental or lending of copies to public), insofar as it relates to lending ;
ii
section 182D (right to equitable remuneration for exploitation of sound recording);
iii
section 183 (infringement of performer’s rights by use of recording made without consent);
iv
sections 185 to 188 (rights of person having recording rights);
v
section 198(2) (criminal liability for playing or communicating to the public); and
c
where in the sixth column of the table set out in the Schedule the entry for a country includes an asterisk (*), the following provisions of Part 2 of the Act shall also not apply —
i
section 182CA (consent required for making available to the public) ;
ii
section 198(1A) (criminal liability for making available to the public).
Savings
7
1
For the purposes of this article an act is an “excluded act” where —
a
a person (A) has incurred any expenditure or liability in connection with the act; and
b
he —
i
began in good faith to do the act, or
ii
made in good faith effective and serious preparations to do the act,
at a time when the act neither infringed nor was restricted by the relevant rights in the work or performance.
2
Where another person (B) acquires those relevant rights pursuant to this Order, A has the right —
a
to continue to do the excluded act, or
b
to do the excluded act,
notwithstanding that the excluded act infringes or is restricted by those relevant rights.
3
Where B, or his exclusive licensee, pays reasonable compensation to A paragraph (2) no longer applies.
4
Where —
a
B offers to pay compensation to A under paragraph (3); but
b
A and B cannot agree on what compensation is reasonable,
either person may refer the matter to arbitration.
5
In this article “relevant rights” means copyright, the rights conferred by Chapter 4 of Part 1 of the Act and the rights conferred by Part 2 of the Act.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments Act 1979 Statutory Sum Order 2007 and shall come into force on 12th July 2007.
Statutory sum for the purposes of the Vaccine Damage Payments Act 1979
2
For the purposes of the Vaccine Damage Payments Act 1979 the statutory sum is £120,000.
Revocation
3
The Vaccine Damage Payments Act 1979 Statutory Sum Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
4th July 2007
We consent,
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Transfer of the Northern Ireland Water Service (Tax) Regulations 2007 and come into force on 1st April 2007.
Interpretation
2
In these Regulations —
“ CAA ” means the Capital Allowances Act 2001 ;
“ TCGA ” means the Taxation of Chargeable Gains Act 1992 ;
“relevant transfer” has the meaning given in section 67(1) of the Finance (No.2) Act 2005;
“successor company” has the meaning given in Article 269 of the Water and Sewerage Services (Northern Ireland) Order 2006 ;
“transferor” means the Department for Regional Development;
“wholly owned subsidiary” has the meaning given in Article 4 of the Companies (Northern Ireland) Order 1986 .
Capital allowances: transfer of plant or machinery
3
1
This regulation applies where —
a
there is a relevant transfer of plant or machinery; and
b
the plant or machinery would have been treated for the purposes of CAA (had the transferor incurred expenditure qualifying for allowances under Part 2 of that Act on the provision of the plant or machinery) as disposed of by the transferor to the successor company on the transfer taking effect.
2
Where this regulation applies, the Secretary of State may determine the amount which is to be taken for the purposes of Part 2 of CAA to be the amount of capital expenditure incurred by the successor company on the provision of plant or machinery.
3
A determination referred to in paragraph (2) may only be made with the consent of the Treasury.
4
Expressions used in this regulation and in Part 2 of CAA have the same meanings in this regulation as in that Part.
Capital allowances: determination of capital value of industrial buildings etc.
4
1
This regulation applies where there is a relevant transfer of a relevant interest in an industrial building or structure.
2
Where this regulation applies the Secretary of State may determine —
a
the amount to be taken as the amount of the residue of qualifying expenditure immediately after the transfer; and
b
the period to be taken as the period from the date of the transfer to the end of the period of 25 years beginning with the day on which the building or structure was first used.
3
A determination referred to in paragraph (2) may only be made with the consent of the Treasury.
4
Expressions used in this regulation and in Part 3 of CAA have the same meanings in this regulation as in that Part.
Amendment of company tax return following determination by Secretary of State
5
1
Where the Secretary of State makes a determination in accordance with regulations 3(2) or 4(2) the successor company —
a
may amend its company tax return where necessary in accordance with paragraph 15(4) of Schedule 18 to the Finance Act 1998 ; or
b
shall amend its company tax return not more than twelve months after the end of the accounting period in which the determination occurred where the date of the determination makes it impossible to comply with the time limits set out in paragraph 15(4) of Schedule 18 to that Act.
2
Where a company does not make an amended return in accordance with sub-paragraph (b), an officer of Revenue and Customs may make an assessment or determination —
a
in accordance with paragraph 46 of Schedule 18 to the Finance Act 1998; or
b
not later than two years after the end of the accounting period in which the determination occurred,
whichever is the later.
Chargeable gains: transfer values
6
Where there is a relevant transfer, to the extent that section 171 of TCGA would otherwise apply to the transfer, that section shall not apply.
Chargeable gains: degrouping charges
7
1
This regulation applies if the successor company acquires an asset from the transferor by way of a relevant transfer at a time when both are members of the same group of companies.
2
Where paragraph (1) applies the successor company shall not be treated as having acquired the asset from the transferor for the purposes of section 179 of TCGA (company ceasing to be member of group).
3
Expressions used in this regulation and in section 179 of TCGA have the same meanings in this regulation as in that section.
Ownership of successor company: issue of securities
8
Any security (other than a share) issued by the successor company or its wholly owned subsidiary pursuant to Article 271 of the Water and Sewerage Services (Northern Ireland) Order 2006 shall be treated for the purposes of the Corporation Tax Acts as if it had been issued for new consideration, such new consideration being equal to the principal sum payable under the security.
Modification of transfer schemes
9
1
Where a transfer scheme is treated as modified under, or by an order made under paragraph 3 of Schedule 11 to the Water and Sewerage Services (Northern Ireland) Order 2006 the successor company —
a
may amend its company tax return in accordance with paragraph 15(4) of Schedule 18 to the Finance Act 1998 ; or
b
shall amend its company tax return not more than twelve months after the end of the accounting period in which the modification occurred where the date of the modification makes it impossible to comply with the time limits set out in paragraph 15(4) of Schedule 18 to that Act.
2
Where a company does not make an amended return in accordance with sub-paragraph (b), an officer of Revenue and Customs may make an assessment or determination —
a
in accordance with paragraph 46 of Schedule 18 to the Finance Act 1998; or
b
not later than two years after the end of the accounting period in which the modification occurred,
whichever is the later.
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2007


text:
Citation
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 2) Order 2007.
Commencement of provisions
2
The following provisions of the Road Safety Act 2006 shall come into force on 24th September 2007 —
a
section 14;
b
section 23;
c
section 24;
d
section 25;
e
section 27;
f
section 28;
g
section 29;
h
section 30 in so far as section 3ZA of the Road Traffic Act 1988 has effect for the purposes of sections 3 and 3A of that Act;
i
section 31;
j
section 32;
k
section 33;
l
section 41;
m
section 43; and
n
section 59 in so far as it relates to paragraphs 5 and 13 of Schedule 7 (and accordingly paragraphs 5 and 13 of Schedule 7).
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
22nd August 2007


text:
Citation and commencement
1
This Order may be cited as the Toot Hill School (School Day and School Year Regulations) Order 2007 and comes into force on 1st December 2007.
Relaxation of the Education (School Day and School Year) (England) Regulations 1999
2
In respect of the application of regulation 3(2) of the Education (School Day and School Year) (England) Regulations 1999 , to the governing body of the School, in relation to the school years 2007-2008, 2008-2009 and 2009-2010, for the number “380” substitute “378”.
Time period
3
This Order has effect up to and including 31st August 2010.
Jim Knight
Minister of State
Department for Children, Schools and Families
8th October 2007


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2007 and come into force on 1st October 2007.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2007.
2
The Gaming Duty (Amendment) Regulations 2005 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £918,250 15 per cent. The next £633,000 20 per cent. The next £1,108,750 30 per cent. The next £2,340,000 40 per cent. The remainder 50 per cent.
Steve Lamey
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Remuneration for Persons providing Pharmaceutical Services) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
2
These Regulations shall apply in relation to England only.
Interpretation
2
In these Regulations —
“the Charges for Drugs and Appliances Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
“the Indicative Amounts Regulations ” means the National Health Service (Indicative Amounts) Regulations 1997 ;
“the Local Pharmaceutical Services Regulations ” means the National Health Service (Local Pharmaceutical Services etc. ) Regulations 2006 ;
“the Prescribed Functions Regulations ” means the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000 ; and
“the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 2005 .
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 (interpretation) of the principal Regulations, in paragraph (1), in the appropriate alphabetical position, insert —
“the 2006 Act ” means the National Health Service Act 2006;
.
Substitution of regulation 56 of the principal Regulations
4
For regulation 56 (standards of, and payments for, drugs and appliances) of the principal Regulations substitute —
Provisions relating to determinations under section 164 of the 2006 Act
56
With regard to determining remuneration under section 164 of the 2006 Act —
a
determinations under that section by the Secretary of State (the aggregate of the determinations made by the Secretary of State, acting as a determining authority, is known as “the Drug Tariff”) may be made by reference to rates or conditions of remuneration of any persons or any description of persons which are fixed or determined, or will be fixed or determined, otherwise than by way of a determination under that section;
b
determinations under that section by the Secretary of State may be made by reference to —
i
the drugs and appliances dispensed or expected to be dispensed in accordance with prescription forms or repeatable prescriptions during a period as may be determined by the Secretary of State;
ii
a list of published prices produced by suppliers of prescription drugs and appliances;
iii
statements, scales, and indices made or produced by suppliers of prescription drugs and appliances in relation to sale volume and prices of such drugs and appliances; and
iv
any other scales, indices, formulae or data of any kind;
c
where a determination falls to be made by reference to any such scale, index, formula or data of any kind as a consequence of paragraph (b), the determination may provide that the relevant calculation is to be made by reference to the scale, index, formula or data which is —
i
in the form current at the time of the determination; and
ii
in any subsequent form taking effect after that time;
d
determining authorities may make determinations which take effect in relation to remuneration in respect of a period beginning on or after the date specified in the determination, which may be the date of the determination or an earlier or later date, but it may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates;
e
where a determination does not specify a date as mentioned in paragraph (d), it shall have effect in relation to remuneration in respect of the period beginning on the date on which the determination is published;
f
the Secretary of State shall publish the Drug Tariff, and any amendments to it, in such format as she thinks fit (including, as regards publishing any amendments, by publishing a consolidated version of the Drug Tariff with the amendments included in it) and at such intervals as she thinks fit (having regard to the provisions of paragraphs (c), (d) and (e));
g
consultation pursuant to section 165(1) by a determining authority prior to the inclusion of or a change to the price of a drug or appliance relevant to the calculation of remuneration shall be by way of consultation on the process for determining the price to be included or changed, not on the proposed price itself (unless it is impossible to carry out an effective consultation in any other way);
h
where the Secretary of State states in the Drug Tariff that the determining authority for a particular fee, allowance or other remuneration is to be the Primary Care Trust of the chemist to whom the remuneration relates —
i
the Primary Care Trust shall consult the relevant Local Pharmaceutical Committee before making the determination; and
ii
the determination made by the Primary Care Trust shall include the arrangements for claiming the remuneration and shall be published by the Primary Care Trust in such manner as it thinks suitable for bringing the determination to the attention of the chemists on its pharmaceutical list; and
i
payments under —
i
the Drug Tariff shall be made by the Primary Care Trust, in accordance with arrangements for claiming and making payments which are to be set out in the Drug Tariff; and
ii
the determinations mentioned in paragraph (h) shall be made by the Primary Care Trust, in accordance with arrangements for claiming and making payments which are to be set out in the determinations,
but in either case are to be subject, as appropriate, to any deduction that may or must be made from the remuneration of a chemist under these Regulations, the 2006 Act or any other regulations under the 2006 Act.
.
Amendment of regulation 57 of the principal Regulations
5
In regulation 57(1) (claims and overpayments) of the principal Regulations, for the words “by virtue of regulation 56(2)” substitute “as a consequence of regulation 56(h)”.
Amendment of regulation 70 of the principal Regulations
6
In regulation 70(1)(f)(publication of particulars) of the principal Regulations, for the words “by virtue of regulation 56(2)” substitute “as a consequence of regulation 56(h)”.
Amendment of paragraph 23 of Schedule 1 to the principal Regulations
7
In paragraph 23(4) (matters to be considered when issuing directions in respect of pharmacy opening hours) of Schedule 1 to the principal Regulations, for the words “under the Drug Tariff” substitute “in accordance with a determination made as a consequence of regulation 56(h)”.
Amendment of the Local Pharmaceutical Service Regulations
8
In regulation 2(1) (interpretation) of the Local Pharmaceutical Services Regulations, for the definition of “Drug Tariff” substitute —
“Drug Tariff” means the aggregate of the determinations made by the Secretary of State which are published in accordance with regulation 56(f) (provisions relating to determinations) of the Pharmaceutical Services Regulations
.
Amendment of the Indicative Amounts Regulations
9
In regulation 1(2) (interpretation) of the Indicative Amounts Regulations, for the definition of “Drug Tariff” substitute —
“Drug Tariff” means the aggregate of the determinations made by the Secretary of State which are published in accordance with regulation 56(f) (provisions relating to determinations) of the National Health Service (Pharmaceutical Services) Regulations 2005
.
Amendment of the Prescribed Functions Regulations
10
In regulation 2(2) (prescribed functions of relevant NHS bodies) of the Prescribed Functions Regulations, for sub-paragraph (d) substitute —
d
the provision of appliances which are not listed in Part IX of the Drug Tariff which is published in accordance with regulation 56(f) (provisions relating to determinations) of the National Health Service (Pharmaceutical Services) Regulations 2005.
.
Amendment of the Charges for Drugs and Appliances Regulations
11
In regulation 2(1) (interpretation) of the Charges for Drugs and Appliances Regulations, for the definition of “Drug Tariff” substitute —
“Drug Tariff” means the aggregate of the determinations made by the Secretary of State which are published in accordance with regulation 56(f) (provisions relating to determinations) of the National Health Service (Pharmaceutical Services) Regulations 2005
.
Signed by authority of the Secretary of State for Health
Hunt
Minister of State
Department of Health
5th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Education (Information About Children in Alternative Provision) (England) Regulations 2007 and come into force on 30th April 2007.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“funded independent school education” has the meaning given by regulation 3(b);
“funded provision” has the meaning given by regulation 3;
“individual information” means, in relation to funded independent school education, individual pupil information, and in relation to funded education, individual child information;
“relevant local education authority” means the local education authority that funds or will fund the funded education;
“relevant person” has the meaning given by section 537A(2) or 537B(2) of the 1996 Act as the case may require;
“relevant provider” means a person who provides or will provide the child with funded education;.
“relevant school” means a school at which the child is or will be a registered pupil if applicable;
“special educational needs provision type” means the special educational needs provision type forming part of the graduated approach adopted pursuant to “The Special Educational Needs Code of Practice” issued by the Secretary of State on 3 rd December 2001 under section 313 of the 1996 Act ;
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are unique to him, by use of a formula determined by the Department for Education and Skills; and
“work-based learning provider” means any employer or body providing a programme or programmes of education for children in the workplace as part of a course on which they are or will be enrolled at any school or college.
2
For the purposes of these Regulations, a person is eligible for free school meals if that person falls within section 512ZB(4) of the 1996 Act.
Application
3
These Regulations apply in relation to —
a
funded education where the relevant local education authority is a local education authority in England; and
b
education provided at an independent school arranged and funded by a local education authority in England pursuant to section 19 of the 1996 Act (in these Regulations referred to as “funded independent school education”),
and in these Regulations a reference to funded provision is a reference to such funded education and funded independent school education.
Requirement to provide individual information
4
A person who provides funded provision must, when required to do so, provide individual information as prescribed in regulation 6 to the relevant person.
Extent of duty to comply with requirement
5
A person will have complied with regulation 4 if they provide each item of individual information held by them that is requested.
Individual information
6
For the purposes of sections 537A(1) and 537B(1) of the 1996 Act, individual information is prescribed as follows —
a
surname;
b
first name;
c
date of birth;
d
address and postcode;
e
unique pupil number, where one exists;
f
gender;
g
special educational needs provision type;
h
ethnicity;
i
whether English is not the first language;
j
whether eligible for free school meals; and
k
type of funded provision attended, that is whether it is —
i
in a hospital (other than in a school established in a hospital);
ii
in an independent school; or
iii
not in a hospital or school.
Persons to whom individual information may be required to be supplied in addition to the Secretary of State
7
For the purposes of sections 537A(2)(b) and 537B(2)(b), a prescribed person is the relevant local education authority.
Other persons to whom individual information supplied may be passed in addition to information collators
8
For the purposes of sections 537A(3)(b), (4)(b) and 5(b)(i) and 537B(3)(b), (4)(b) and (5)(b)(i), a prescribed person is any of the following —
a
the States of Jersey Department for Education, Sport and Culture Department;
b
the Joint Council for General Qualifications ;
c
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
d
the Qualifications and Curriculum Authority ;
e
the relevant local education authority;
f
the Training and Development Agency for Schools ;
g
the Welsh Joint Education Committee ;
h
the Learning and Skills Council for England and the relevant local learning and skills council in whose area the child or pupil is receiving funded provision or proposes to receive further education;
i
the States of Guernsey Education Department;
j
the Isle of Man Department of Education;
k
any person with whom the Secretary of State has made arrangements for the provision of services under section 114(2) of the Learning and Skills Act 2000 ;
l
the Higher Education Funding Council for England ;
m
the National Assembly for Wales;
n
the National Assessment Agency ;
o
the Scottish Exchange of Educational Data ; or
p
the relevant school or other relevant provider of funded provision.
Persons (in addition to the Secretary of State and information collators) to whom any person may supply individual information
9
For the purposes of sections 537A(6)(c) and 537B(6)(c), a prescribed person is be either of the following —
a
the relevant local education authority; or
b
the relevant school or other relevant provider of funded provision.
Categories of person to whom the Secretary of State or information collators may supply individual information
10
1
For the purposes of sections 537A(4)(c) and (5)(b)(ii) and 537B(4)(c) and (5)(b)(ii), a prescribed category of person is any of the following —
a
an institution which provides further education or a work-based learning provider where either has accepted the relevant individual for funded education; or
b
persons conducting research into the educational achievements of children and who require individual information for that purpose.
2
In this paragraph “the relevant individual” means the individual who is the subject of the individual information.
Jim Knight
Minister of State
Department for Education and Skills
28th March 2007


text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Docking of Working Dogs’ Tails (England) Regulations 2007;
b
come into force on 6th April 2007;
c
apply in England only.
Interpretation
2
In these Regulations —
“armed forces identification” means evidence that the person presenting the identification is a member of one of Her Majesty’s armed forces, or is otherwise employed by or contracted to work for one of Her Majesty’s armed forces;
“club official” means a person who serves a shoot club in an official capacity;
“emergency rescue identification” means evidence that the person presenting the identification is a member of a body providing an emergency rescue service;
“gamekeeper” means a person engaged by a person with shooting rights to preserve, protect or rear animals and to manage or assist with the management of a shoot;
“ HMRC identification” means evidence that the person presenting the identification is an employee of Her Majesty’s Revenue & Customs;
“land-occupier” means a person who occupies land where a shoot takes place;
“person with shooting rights” means an owner or lessee of shooting rights;
“police identification” means evidence that the person presenting the identification is a police officer, or is otherwise employed by or contracted to work for a police authority;
“prison service identification” means evidence that the person presenting the identification is an authorised employee of either Her Majesty’s Prison Service or of an organisation contracted to provide custodial services on behalf of the Secretary of State;
“shoot” means an occasion on which animals are shot for sporting purposes;
“shoot organiser” means any person responsible for the overall organisation of a shoot;
“specified type of work” means work in connection with law enforcement, activities of Her Majesty’s armed forces, emergency rescue, lawful pest control, or the lawful shooting of animals.
Certification requirements
3
1
A veterinary surgeon may certify that he has seen evidence that a dog is likely to be used for a specified type of work and is a dog of a specified type, where —
a
he is satisfied that the dam of the dog is of one or more of the types specified in Schedule 1;
b
he reasonably believes that the dog is not more than 5 days old; and
c
the owner of the dog, or another person whom he reasonably believes to be representing the owner, has shown him the evidence specified in paragraph (2).
2
The evidence is —
a
the dam of the dog;
b
a completed statement, signed and dated by the owner of the dog or by another person whom the veterinary surgeon to whom it is presented reasonably believes to be representing the owner, made in paragraph 3 of a certificate in the form prescribed in Schedule 2; and
c
one of the following —
i
where the dog is presented for certification on behalf of one of Her Majesty’s armed forces, armed forces identification;
ii
where the dog is presented for certification on behalf of a body providing an emergency rescue service, emergency rescue identification;
iii
where the dog is presented for certification on behalf of a police authority, police identification;
iv
where the dog is presented for certification on behalf of Her Majesty’s Prison Service or of an organisation contracted to provide custodial services on behalf of the Secretary of State, prison service identification;
v
where the dog is presented for certification on behalf of Her Majesty’s Revenue & Customs, HMRC identification;
vi
evidence that the owner of the dog, or an agent or employee of the owner most likely to be using the dog, will be using the dog for work in connection with lawful pest control;
vii
a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals;
viii
a letter from a gamekeeper, a land-occupier (or his agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him and that dogs bred by that breeder have been used (as the case may be) on his land, or in his shoot, or for pest control.
3
Any certification given under paragraph (1) shall be made in paragraph 1 of a certificate in the form prescribed in Schedule 2.
Identification of docked dogs
4
1
In order to be identified as a subsection (3) dog as required by section 6(8) of the Animal Welfare Act 2006 a dog must be microchipped —
a
by a veterinary surgeon or a veterinary nurse acting under the supervision of a veterinary surgeon; and
b
using a microchip which complies with either ISO standard 11784 or Annex A to ISO standard 11785 of the International Standards Organisation’s standards for microchips .
2
A dog may only be microchipped for the purposes of these Regulations after the owner, or a person whom the veterinary surgeon who is to carry out or supervise the microchipping reasonably believes to be representing the owner, has made a signed and dated statement in paragraph 4 of a certificate in the form prescribed in Schedule 2.
3
The veterinary surgeon who carries out or supervises the microchipping must certify that fact in paragraph 2 of a certificate in the form prescribed in Schedule 2.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th March 2007


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2007 and shall come into force on 1st April 2007.
2
In this Order, “the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
3
This Order extends to England and Wales.
Amendment of the 1998 Order
2
Schedule 4A to the 1998 Order (rent rebate limitation deductions) is amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under Secretary of State,
Department for Work and Pensions
5th March 2007
We consent
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2007


text:
Citation
1
This Order may be cited as the Southminster Church of England Voluntary Controlled Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Southminster Church of England Voluntary Controlled Primary School, Burnham Road, Southminster, Essex, CM0 7ES, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation, commencement, and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007.
2
These Regulations shall come into force on 14th March 2007.
3
In these Regulations —
“the 1982 Regulations ” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 .
Amendment of Schedule 1C to the 1982 Regulations
2
1
Schedule 1C to the 1982 Regulations is amended as follows.
2
In paragraph 1(1), after the words “type approval end of series vehicle”, there is inserted “, a light goods type approval end of series vehicle”.
3
In paragraph 1(2)(a), after the words ““type approval end of series vehicle”“, there is inserted “, “light goods type approval end of series vehicle”“, and after the numeral “ II ” there is inserted “, IIA”.
4
In paragraph 2(2), before paragraph (a), there is inserted —
aa
it is not a light goods type approval end of series vehicle in relation to the item;
5
After paragraph 5, there is inserted —
PART IIA Meaning of “light goods type approval end of series vehicle”
5A
1
For the purposes of paragraph 1, a vehicle is a light goods type approval end of series vehicle in relation to an item if —
a
it is a vehicle in category N1 (within the meaning of regulation 2(6));
b
it is a vehicle to which paragraph 3(4) applies;
c
it was manufactured during the two year period ending immediately before the relevant date;
d
no EC certificate of conformity has been issued in respect of the vehicle;
e
at least three months before the relevant date, there was in force for the vehicle a certificate of conformity or a sub-MAC; and the MAC or TAC (as the case may be) had been issued by virtue of an emissions or noise item that —
i
then applied to the vehicle, but
ii
ignoring this Schedule, would have ceased to apply immediately before that date under regulation 4(4B);
f
it was in the territory of a relevant state at some time before the relevant date; and
g
it was first used on or after the day when the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007 came into force.
2
In this paragraph —
“MAC”, “sub-MAC” and “TAC” have the same meaning as in paragraph 2;
“relevant state” has the same meaning as in paragraph 5.
Transitional provisions
3
1
Paragraph 2(2) of Schedule 7XA to the 1986 Regulations applies to a light goods type approval end of series vehicle that was first used before 1st January 2008 as if, by virtue of Schedule 1C to the 1982 Regulations, the type approval requirements in items 2B and 2G in the Table in Part I of Schedule 1 to the 1982 Regulations applied to the vehicle on 1st January 2007.
2
In paragraph 2(2) of Schedule 7XA to the 1986 Regulations, after the words “For the purposes of paragraph 1”, there is inserted “, and subject to regulation 3 of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2007”.
3
In this regulation —
“first used” has the same meaning as in the 1982 Regulations ;
“light goods type approval end of series vehicle” has the same meaning as in Schedule 1C to the 1982 Regulations .
Signed by authority of the Secretary of State for Transport
S.J.Ladyman
Minister of State
Department for Transport
10th February 2007