text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Parenting Contracts and Parenting Orders) (England) Regulations 2007 and come into force on 1st September 2007.
2
These Regulations apply only in relation to —
a
local authorities, and governing bodies of relevant schools, in England; and
b
pupils who are, or were immediately before permanent exclusion, registered pupils at schools in England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Anti-social Behaviour Act 2003;
“the 2004 Regulations ” means the Education (Parenting Orders) (England) Regulations 2004 ;
“local authority” means a local education authority;
“parenting contract” means a parenting contract under section 19 of the Act;
“parenting order” means a parenting order under section 20 of the Act;
“relevant behaviour” means behaviour of the kind mentioned in section 20(2A)(a) of the Act (as read with section 20(2B) of the Act); and
“school day” has the meaning given by section 579(1) of the Education Act 1996 .
2
For the purposes of these Regulations —
a
an exclusion begins on the first day to which the exclusion relates (and, in relation to an exclusion, ‘beginning’, and cognate expressions, are construed accordingly); and
b
where the pupil is excluded during the course of a school day but before the beginning of any afternoon session on that day, that day is to be treated for these purposes as the first day to which the exclusion relates.
Prescribed conditions for parenting orders where the pupil has been excluded
3
1
For the purposes of section 20(1)(b) of the Act, the prescribed condition is that the application must be made within the relevant period.
4
1
For the purposes of regulation 3, in the case of a pupil excluded for a fixed period, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later —
a
the period of 40 school days beginning with the next school day after the day on which consideration of the exclusion was completed by the governing body (or in the case of an exclusion from a pupil referral unit, the local authority) or, if it was not so considered, the day on which it began;
b
the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
2
For the purposes of regulation 3, in the case of a pupil excluded permanently, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later —
a
the period of 40 school days beginning with the next school day after —
i
the day on which an appeal panel constituted under regulations made under section 52 of the Education Act 2002 decided to uphold the exclusion;
ii
the day on which the parent stated in writing that the parent does not intend to bring an appeal under those regulations;
iii
the day on which an appeal brought within the time for bringing an appeal has been abandoned; or
iv
if there was no appeal (and paragraph (ii) of this sub-paragraph does not apply), the last day on which an appeal could have been brought; or
b
the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
Prescribed conditions for parenting orders where the pupil has engaged in relevant behaviour
5
For the purposes of section 20(2A)(b) of the Act, the prescribed condition is that an application must be made within the relevant period.
6
For the purposes of regulation 5, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later —
a
the period of 40 school days beginning with the next school day after the day on which the relevant behaviour occurred (or, if the behaviour occurred over a period of more than one day, the next school day after the last day on which it occurred);
b
the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
Limit on the power of a local authority to enter into a parenting contract or apply for a parenting order
7
1
Except in a case mentioned in paragraph (3), a local authority may not enter into a parenting contract or apply for a parenting order where the school by reference to which the contract would otherwise be entered into or the application would otherwise be made (“the school in question”) is not in the area of the authority.
2
Except in a case mentioned in paragraph (4), a local authority may not enter into a parenting contract or apply for a parenting order where the child by reference to whom the contract would otherwise be entered into or the application would otherwise be made (“the child in question”) does not reside in the area of the authority.
3
A local authority may enter into a parenting contract, or apply for a parenting order, where the school in question is not in the area of the authority where —
a
the authority has an agreement with the local authority where the school in question is situated that the first authority may enter into a parenting contract or apply for a parenting order in the circumstances; or
b
the child in question resides in the area of the authority and he has been permanently excluded.
4
A local authority may enter into a parenting contract or apply for a parenting order where the child in question does not reside in the area of the authority if —
a
the school in question is in the area of the authority; and
b
the child —
i
is a registered pupil at the school; or
ii
has been permanently excluded from the school,
where the authority has an agreement with the local authority where the child in question resides that the first authority may enter into a parenting contract or apply for a parenting order in those circumstances.
Limit on the power of a governing body of a relevant school to apply for a parenting order
8
1
Except in a case mentioned in paragraph (2), where a pupil has been admitted to a relevant school after being permanently excluded from another relevant school —
a
the school to which the pupil has been admitted may apply for a parenting order; and
b
the school from which the pupil has been permanently excluded may not apply for a parenting order.
2
Where the school to which the pupil has been admitted and the school from which the pupil has been excluded have entered into an agreement concerning application for a parenting order in respect of the pupil or applications for parenting orders generally, an application for a parenting order may be made by the school from which the pupil has been permanently excluded instead of by the school to which the pupil has been admitted, if the agreement so provides.
Duty to consult
9
Where in any case more than one relevant body has power to enter into a parenting contract or to apply for a parenting order, a relevant body proposing to exercise the power must consult each other relevant body.
Provision of information
10
1
Where a relevant body (“A”) proposes to enter into a parenting contract or apply for a parenting order they must, in relation to that entry or application, request information from any other relevant body (“B”) in relation to the child by reference to whom the contract is proposed to be entered into or application for the order made as is reasonably necessary to enable them to —
a
decide whether or not to enter into such contract or make such application (as the case may be);
b
avoid the entry into a parenting contract or application for a parenting order (as the case may be) where a parenting contract or parenting order exists in relation to that child or the entry into a parenting contract or application for a parenting order is pending; and
c
make an informed decision about the terms of such a contract or the content of the application (as the case may be) with a view to the most appropriate contract being entered into or order being made in all the circumstances of the case.
2
B must, on receipt of a request under paragraph (1), provide to A such information in its possession or control as may be reasonably necessary for the purposes set out in paragraph (1).
3
Where A makes a request for information pursuant to paragraph (1), they may disclose to B such information as may be reasonably necessary to enable B to fulfil their duty under paragraph (2).
Costs of parenting order or parenting contract
11
1
The costs associated with the requirements of parenting orders or the costs associated with parenting contracts, including in each case the costs of providing counselling or guidance programmes, must be borne by the relevant body making the application or entering into the contract.
2
A relevant body may recover the costs they incur under paragraph (1) from another relevant body by agreement.
Revocation
12
Subject to regulation 13 , the 2004 Regulations are revoked.
Transitional provisions
13
1
The 2004 Regulations continue to apply to parenting orders under section 20 of the Act made, or applied for, before 1st September 2007.
2
Regulation 7 of these Regulations does not apply to a parenting contract entered into or a parenting order made, or applied for before 1 st September 2007.
3
Regulation 11 of these Regulations, insofar as it applies to the costs associated with parenting contracts, does not apply to such a contract entered into before 1st September 2007.
Jim Knight
Minister of State
Department for Education and Skills
27th June 2007


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2007;
b
come into force on 6th April 2007;
c
apply in England.
Use of fixed penalty receipts: specification of other qualifying functions
2
1
If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies is categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order , any functions of that authority (in addition to those already specified in that section) are “qualifying functions” of the authority for the purposes of which it may use its fixed penalty receipts.
2
In this regulation and in regulation 3, a “categorisation Order” means an Order as may from time to time be made by the Secretary of State under section 99(4) of the Local Government Act 2003.
Use of fixed penalty receipts: transitional arrangement
3
If an authority in relation to which section 96 of the Clean Neighbourhoods and Environment Act 2005 applies ceases to be categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, regulation 2(1) is to continue to apply to it for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars”.
Use of fixed penalty receipts by parish councils
4
1
A parish council may use any amounts it receives in pursuance of notices under —
a
section 88 (fixed penalty notices for leaving litter) of the Environmental Protection Act 1990 ;
b
section 43(1) (penalty notices for graffiti and fly-posting) of the Anti-social Behaviour Act 2003 ;
c
section 59 (fixed penalty notices for offences under dog control orders) of the Clean Neighbourhoods and Environment Act 2005,
only for the purposes of its qualifying functions.
2
The following are qualifying functions for the purposes of this regulation —
a
functions under section 88 of the Environmental Protection Act 1990;
b
functions under section 43 of the Anti-social Behaviour Act 2003;
c
functions under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005;
d
where the parish council is approved as a Quality parish council, any other of its functions.
3
A parish council must supply the Secretary of State with any information that he requires in relation to any amounts specified in paragraph (1) that it receives.
4
In this regulation and in regulation 5, a “Quality parish council” is one that is approved as such by the Secretary of State.
5
The Secretary of State shall publish, in such manner, and at such intervals, as he shall determine, a list of the parish councils approved as Quality parish councils.
Use of fixed penalty receipts by parish councils: transitional arrangement
5
If any parish council which is approved as a Quality parish council ceases to be so approved, the other functions referred to in regulation 4(2)(d) are to continue to be qualifying functions of that parish council for a period of one year from the date on which that cessation comes into effect as though that parish council were still approved as a Quality parish council.
Revocation
6
The Environmental Offences (Use of Fixed Penalty Receipts) Regulations 2006 are revoked.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
15th March 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Personal Injuries (NHS Charges) (Reviews and Appeals) Amendment Regulations 2007 and shall come into force on 9th July 2007.
2
These Regulations apply in relation to England and Wales.
3
In these Regulations “the Principal Regulations ” means the Personal Injuries (NHS Charges) (Reviews and Appeals) and Road Traffic (NHS Charges) (Reviews and Appeals) (Amendment) Regulations 2006 .
Amendment of regulation 6 of the Principal Regulations
2
Regulation 6 of the Principal Regulations (appeals – general) is amended as follows —
a
in paragraphs (1), (2), (3) and (4), for “appeal tribunal” substitute “Secretary of State”;
b
in paragraph (2), for “it may” substitute “she may”; and
c
in paragraph (5)(a), for “clerk to the appeal tribunal” substitute “Secretary of State”.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of State
Department of Health
6th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Postal Packets (Revenue and Customs) Regulations 2007 and shall come into force on 16th August 2007.
Application of customs and excise enactments to certain postal packets
2
Section 105 of the Postal Services Act 2000 shall apply to all postal packets which are posted in the United Kingdom for transmission to any place outside it or which are brought by post into the United Kingdom, carried by a postal operator providing postal services which is not a universal service provider in connection with the provision of a universal postal service.
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 2007


text:
Citation, commencement and extent
1
These Regulations may be cited as the Tax Credit (New Category of Child Care Provider) (Revocation) (England) Regulations 2007, shall come into force on 1st October 2007 and extend only to England.
Partial revocation of the Tax Credit (New Category of Child Care Provider) Regulations 1999
2
The Tax Credit (New Category of Child Care Provider) Regulations 1999 are revoked to the extent that they prescribe a description of persons by whom child care is provided, and whose charges fall to be taken into account in computing the child care element of a working tax credit.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lord Chancellor (Modification of Functions) Order 2007 and shall come into force on the day on which paragraph 3(2) of Schedule 11 to the Traffic Management Act 2004 comes into force in relation to England.
2
In this Order, “the 1984 Act ” means the Road Traffic Regulation Act 1984 .
Modification of functions of the Lord Chancellor
2
1
Section 101B (representations and appeals) of the 1984 Act is amended in accordance with this article.
2
After subsection (5) insert —
6
Subsections (1) to (3) of section 89 of the Traffic Management Act 2004 (regulations and orders) apply to regulations under this section as they apply to regulations under Part 6 of that Act.
.
3
1
Section 134 of the 1984 Act (provisions as to regulations) is amended in accordance with this article.
2
In subsection (1), after “on the Secretary of State,” insert “on the Lord Chancellor,”.
3
In subsection (3), after “sections 86, 97” insert “, 101B”.
4
In subsection (5), after “section 97” insert “or section 101B”.
Falconer of Thoroton, C
19th June 2007


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Wireless Telegraphy (Recognised Spectrum Access) Regulations 2007 and shall come into force on 8th March 2007.
2
These Regulations shall not extend to the Channel Islands or to the Isle of Man.
3
In these Regulations, “authorised user” means a person whose use of a wireless telegraphy station or wireless telegraphy apparatus is in accordance with, or provision made under, the Act.
Circumstances of use
2
The circumstances of the use of a wireless telegraphy station or wireless telegraphy apparatus, specified for the purpose of section 18(1)(b) of the Act, are circumstances where the station or apparatus —
a
is inherently incapable of transmission;
b
operates within any of the frequency bands listed in the Schedule; and
c
operates at a site named in the Schedule and whose location is listed in the Schedule (expressed by latitude and longitude coordinates).
Time limit for dealing with grants of recognised spectrum access
3
A decision on an application for a grant of recognised spectrum access which is made to OFCOM will be made, notified to the applicant and published not more than six weeks after the day of the receipt of the application by OFCOM.
Requirements that must be met for a grant of recognised spectrum access
4
1
An applicant for a grant of recognised spectrum access must —
a
be a person proposing to use or to continue to use a wireless telegraphy station or wireless telegraphy apparatus in the circumstances specified in regulation 2; and
b
provide to OFCOM the information specified in paragraph (2).
2
The information to be provided is —
a
the name and address of the applicant;
b
the frequency band in which the applicant wishes to operate a wireless telegraphy station or wireless telegraphy apparatus;
c
the site at which the wireless telegraphy station or wireless telegraphy apparatus is to be located; and
d
information relating to the maximum level of interference arising from other authorised users (who operate within the desired frequency band) which is compatible with the use at that site.
Restrictions and conditions to which a grant of recognised spectrum access is subject
5
A grant of recognised spectrum access may be subject to —
a
a condition providing for the duration of the grant;
b
a restriction on the exercise by OFCOM of their power to revoke or modify the grant;
c
a condition requiring payment of fees; and
d
conditions describing the limits of the use of the electromagnetic spectrum which is recognised by the grant by reference to —
i
the location of the wireless telegraphy station or wireless telegraphy apparatus;
ii
the purpose of use of the electromagnetic spectrum;
iii
the frequencies for that use; and
iv
the maximum level of interference arising from other authorised users (who operate within those frequencies) which is compatible with that use.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
14th February 2007


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Civil Procedure (Amendment) Rules 2007 and come into force on 1st October 2007.
2
In these Rules —
a
a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998 ;
b
a reference to an Order by number and prefixed “ RSC ” means the RSC Order so numbered in Schedule 1 to those Rules; and
c
a reference to an Order by number and prefixed “ CCR ” means the CCR Order so numbered in Schedule 2 to those Rules.
Amendments to the Civil Procedure Rules 1998
3
In Part 2 —
a
for the fourth entry in the table following rule 2.1(2) substitute —
Proceedings before the Court of Protection Mental Capacity Act 2005 , s.51
; and
b
in rule 2.3(1), for “patient” substitute “protected party”.
4
In Part 6 —
a
in the table of contents, for “patients” substitute “protected parties”;
b
in rule 6.6(1), in the first sentence, for “patient” substitute “protected party”;
c
for the table in rule 6.6(1) substitute —
Type of document Nature of party Persons to be served
Claim form Child who is not also a protected party One of the child’s parents or guardians; or
if there is no parent or guardian, an adult with whom the child resides or in whose care the child is.
Claim form Protected party One of the following persons with authority in relation to the protected party as:
the attorney under a registered enduring power of attorney,
the donee of a lasting power of attorney,
the deputy appointed by the Court of Protection; or
if there is no such person, an adult with whom the protected party resides or in whose care the protected party is.
Application for an order appointing a litigation friend, where the child or protected party has no litigation friend Child or protected party See rule 21.8. Any other document Child or protected party The litigation friend who is conducting the proceedings on behalf of the child or protected party.
; and
d
in rule 6.6(2), for “patient” substitute “protected party”.
5
In Part 12 —
a
in rule 12.10(a)(i), for “patient” substitute “protected party”; and
b
in rule 12.11(3), for “patient” substitute “protected party”.
6
In rule 14.1(4) and the parenthesis following rule 14.1(4)(b), in each place where it appears, for “patient” substitute “protected party”.
7
For rule 19.9 substitute the rules set out in Schedule 1 to these Rules.
8
For Part 21 substitute Part 21 (children and protected parties) as set out in Schedule 2 to these Rules.
9
In rule 30.7, for “patient” substitute “protected party”.
10
In rule 32.13(3)(e), for “patient” substitute “protected party”.
11
For the parenthesis following rule 36.9(2) substitute —
(Rule 21.10 deals with compromise etc. by or on behalf of a child or protected party.)
.
12
In rule 39.2(3)(d), for “patient” substitute “protected party”.
13
In rule 45.10(2)(c), for “patient” substitute “protected party”.
14
In Part 46 —
a
in the parenthesis following rule 46.1(2)(c), for “patients” substitute “protected parties”;
b
in rule 46.2(1), in the table —
i
for “Up to £3,000” substitute “No more than £3,000”;
ii
for “£350” substitute “£485”;
iii
for “£500” substitute “£690”; and
iv
for “£750” substitute “£1,035”;
c
in rule 46.3(2), for “£250” substitute “£345”; and
d
in rule 46.3(4), for “£350” substitute “£485”.
15
In Part 47 —
a
in rule 47.3(1)(c), for “patient” substitute “protected party”; and
b
in rule 47.22, for “14” substitute “21”.
16
In Part 48 —
a
in the table of contents, for “patient” substitute “protected party”;
b
in the heading to rule 48.5, for “patient” substitute “protected party”;
c
in rule 48.5 and the parentheses in that rule, in each place where it appears for “patient” substitute “protected party”; and
d
in the parenthesis after rule 48.5(1)(b), for “are defined in rule 2.3” substitute “have the same meaning as in rule 21.1(2)”.
17
For rule 49(2) substitute —
2
The proceedings referred to in paragraph (1) are proceedings under —
a
the Companies Act 1985 ;
b
the Companies Act 1989 ;
c
the Companies Act 2006 ; and
d
other legislation relating to companies.
.
18
In Part 52 —
a
in the table of contents, after the entry “Non-disclosure of Part 36 offers and payments”, insert —
Statutory appeals – court’s power to hear any person Rule 52.12A
;
b
at the end of the table of contents, insert —
IV STATUTORY RIGHTS OF APPEAL Appeals under the Law of Property Act 1922 Rule 52.18 Appeals from certain tribunals Rule 52.19 Appeals under certain planning legislation Rule 52.20
;
c
after rule 52.12, insert —
Statutory appeals – court’s power to hear any person
52.12A
1
In a statutory appeal, any person may apply for permission —
a
to file evidence; or
b
to make representations at the appeal hearing.
2
An application under paragraph (1) must be made promptly.
; and
d
after rule 52.17, insert —
VI STATUTORY RIGHTS OF APPEAL
Appeals under the Law of Property Act 1922
52.18
An appeal lies to the High Court against a decision of the Secretary of State under paragraph 16 of Schedule 15 to the Law of Property Act 1922 .
Appeals from certain tribunals
52.19
1
A person who was a party to proceedings before a tribunal referred to in section 11(1) of the Tribunals and Inquiries Act 1992 and is dissatisfied in point of law with the decision of the tribunal may appeal to the High Court.
2
The tribunal may, of its own initiative or at the request of a party to the proceedings before it, state, in the form of a special case for the decision of the High Court, a question of law arising in the course of the proceedings.
Appeals under certain planning legislation
52.20
1
Where the Secretary of State has given a decision in proceedings on an appeal under Part VII of the Town and Country Planning Act 1990 against an enforcement notice —
a
the appellant;
b
the local planning authority; or
c
another person having an interest in the land to which the notice relates,
may appeal to the High Court against the decision on a point of law.
2
Where the Secretary of State has given a decision in proceedings on an appeal under Part VIII of that Act against a notice under section 207 of that Act —
a
the appellant;
b
the local planning authority; or
c
any person (other than the appellant) on whom the notice was served,
may appeal to the High Court against the decision on a point of law.
3
Where the Secretary of State has given a decision in proceedings on an appeal under section 39 of the Planning (Listed Buildings and Conservation Areas) Act 1990 against a listed building enforcement notice —
a
the appellant;
b
the local planning authority; or
c
any other person having an interest in the land to which the notice relates,
may appeal to the High Court against the decision on a point of law.
.
19
In Part 65 —
a
At the end of the table of contents, insert —
VI DRINKING BANNING ORDERS UNDER THE VIOLENT CRIME REDUCTION ACT 2006
Scope of this Section and interpretation
Rule 65.31
Application where the relevant authority is a party in principal proceedings Rule 65.32 Application where the relevant authority is not a party in principal proceedings Rule 65.33 Application by a relevant authority to join a person to the principal proceedings Rule 65.34 Evidence Rule 65.35 Application for an interim order Rule 65.36 VII PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003 Scope of this Section and interpretation Rule 65.37 Applications for parenting orders Rule 65.38 Applications by the relevant authority to be joined to proceedings Rule 65.39 Applications by the relevant authority to join a parent to proceedings Rule 65.40 Evidence Rule 56.41
;
b
at the end of rule 65.1(e), for “.” substitute “;”;
c
after rule 65.1(e), insert —
f
in Section VI, about applications for drinking banning orders and interim drinking banning orders under sections 4 and 9 of the Violent Crime Reduction Act 2006 ; and
g
in Section VII, about parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 .
;
d
in rule 65.8 —
i
in paragraph (1), after “Anti-social Behaviour Act 2003” insert “or under section 27(3) of the Police and Justice Act 2006 ”;
ii
in the parenthesis following paragraph (1), for “applies” substitute “and section 27 of the 2006 Act apply”; and
iii
after paragraph (2) insert —
3
In this Section “the 2006 Act ” means the Police and Justice Act 2006.
;
e
in rule 65.9 —
i
in the heading to the rule, after “the 2003 Act ” insert “or section 27(3) of the 2006 Act”; and
ii
in paragraph (1), after “2003 Act”, insert “or section 27(3) of the 2006 Act”;
f
after rule 65.10(1), insert —
1A
Where a power of arrest is attached to a provision of an injunction on the application of a local authority under section 27(3) of the 2006 Act, the following rules in Section I of this Part apply —
a
rule 65.4;
b
paragraphs (1), (2), (4) and (5) of rule 65.6;
c
paragraph (1) of rule 65.7, as if the reference to paragraph 2(2)(b) of Schedule 15 to the Housing Act 1996 was a reference to paragraph 2(2)(b) of Schedule 10 to the 2006 Act; and
d
paragraph (2) of rule 65.7.
; and
g
after rule 65.36, insert —
VII – PARENTING ORDERS UNDER THE ANTI-SOCIAL BEHAVIOUR ACT 2003
Scope of this Section and interpretation
65.37
1
This Section of this Part applies in relation to applications for parenting orders under sections 26A and 26B of the Anti-social Behaviour Act 2003 by a relevant authority.
2
In this Section —
a
“the 2003 Act” means the Anti-social Behaviour Act 2003; and
b
“relevant authority” has the same meaning as in section 26C of the 2003 Act.
Applications for parenting orders
65.38
1
Subject to paragraph (2) —
a
where the relevant authority is the claimant in the proceedings, an application for an order under section 26A or 26B of the 2003 Act must be made in the claim form; and
b
where the relevant authority is a defendant in the proceedings, an application for such an order must be made by application notice which must be filed with the defence.
2
Where the relevant authority becomes aware of the circumstances that lead it to apply for an order after its claim is issued or its defence filed, the application must be made by application notice as soon as possible thereafter.
3
Where the application is made by application notice, it must normally be made on notice to the person against whom the order is sought.
Applications by the relevant authority to be joined to proceedings
65.39
1
Where the relevant authority is not a party to the proceedings —
a
an application under section 26C(2) of the 2003 Act to be made a party must be made in accordance with Section I of Part 19; and
b
the application to be made a party and the application for an order under section 26A or 26B of the 2003 Act must be made in the same application notice.
2
The applications —
a
must be made as soon as possible after the relevant authority becomes aware of the proceedings; and
b
must normally be made on notice to the person against whom the order is sought.
Applications by the relevant authority to join a parent to proceedings
65.40
1
An application under section 26C(3) of the 2003 Act by a relevant authority which is a party to the proceedings to join a parent to those proceedings must be made —
a
in the same application notice as the application for an order under section 26A or 26B of the 2003 Act; and
b
as soon as possible after the relevant authority considers that the grounds for the application are met.
2
Rule 19.2 does not apply in relation to an application made by a relevant authority under section 26C(3) of the 2003 Act to join a parent to the proceedings.
3
The application notice must contain —
a
the relevant authority’s reasons for claiming the anti-social behaviour of the child or young person is material in relation to the proceedings; and
b
details of the behaviour alleged.
4
The application must normally be made on notice to the person against whom the order is sought.
Evidence
65.41
An application under section 26A, 26B or 26C of the 2003 Act must be accompanied by written evidence.
.
20
The following are revoked —
a
RSC Order 93, rules 4, 5, 9, 10, 16, 17, 18 and 19;
b
RSC Order 94, rules 4, 5, 8, 9, 12 and 13;
c
RSC Order 95, rules 1, 4, 5 and 6; and
d
CCR Order 45.
Transitional provisions
21
1
The amendments to Part 19 made by rule 7 of these Rules apply as follows —
a
rule 19.9 and rule 19.9A apply only to a derivative claim issued on or after 1st October 2007;
b
rule 19.9B applies to the taking over of a derivative claim only where the relevant application for permission to take over the claim is filed on or after 1st October 2007;
c
rule 19.9C —
i
applies to a derivative claim issued on or after 1st October 2007; and
ii
applies to the taking over of a derivative claim only where the relevant application for permission to take over the claim is filed on or after 1st October 2007;
d
rule 19.9D applies to a derivative claim that arises in the course of other proceedings only if —
i
rule 19.9A would apply to the claim if it were brought; or
ii
rule 19.9B or 19.9C would apply to the taking over of the claim; and
e
rules 19.9E and 19.9F apply to a derivative claim only if rule 19.9A, 19.9B or 19.9C also applies to the claim.
2
The rules of court relating to a derivative claim (within the meaning of those rules) in force immediately before 1st October 2007 apply as if they had not been amended to any derivative claim in respect of which the claim form was issued before 1st October 2007.
22
1
The amendments to Part 46 made by rule 14(b), (c) and (d) of these Rules only apply where the hearing of the fast track trial commences on or after 1st October 2007.
2
Where the hearing of the fast track trial commences before 1st October 2007, the rules of court relating to the amount of fast track trial costs which the court may award that were in force immediately before 1st October 2007 apply as if they had not been amended.
Sir Anthony Clarke, M.R.
Martin Moore-Bick, L.J.
Rupert Jackson, J.
Michael Briggs, J.
HHJ Stephen Oliver-Jones Q.C.
Master Stephen Whitaker
District Judge Carlos Dabezies
District Judge Robert Hill
David di Mambro
Philip Rainey
Richard Walford
Peter Candon
Andrew Parker
I allow these Rules
Jack Straw
Lord Chancellor
26th July 2007


text:
Citation, application and interpretation
1
1
This Order —
a
may be cited as the Animal Welfare Act 2006 (Commencement No. 2 and Saving and Transitional Provisions) (England) Order 2007; and
b
applies in England only.
2
In this Order —
“the 1968 Act ” means the Agriculture (Miscellaneous Provisions) Act 1968 ; and
“the 2006 Act ” means the Animal Welfare Act 2006.
Commencement of provisions
2
The following provisions of the 2006 Act come into force on 1st October 2007 —
a
sections 14 and 15; and
b
section 65 and Schedule 4, to the extent that they relate to —
i
sections 2, 3, 6, 7 and 8 of the 1968 Act; and
ii
paragraph 8 of Schedule 5 to the Animal Health Act 1981 .
Savings of codes of recommendations for welfare of livestock and transitional provisions
3
1
Subject to paragraph 3, a code of recommendations for the welfare of livestock issued under section 3 of the 1968 Act —
a
has effect during the transitional period in relation to a farmed animal of the species to which the code relates as if the code had been issued under section 14 of the 2006 Act;
b
may be revised in accordance with sections 14 and 15 of the 2006 Act; and
c
may be revoked in accordance with section 17 of the 2006 Act.
2
In paragraph 1(a), the transitional period for a code of recommendations means the period between the coming into force of this Order and the revocation of that code of recommendations under section 17 of the 2006 Act.
3
A code of recommendations —
a
applies to a farmed animal of a species to which that code relates whether or not the animal is on agricultural land as defined in section 8(1) of the 1968 Act; and
b
does not include the “Code of Recommendations for the Welfare of Domestic Fowls” which came into operation on 1st September 1987.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
13th September 2007


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2007 and shall come into force on 6th April 2007.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993, the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
6th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens And Mutagens) Regulations 2007 and shall come into force on 1st March 2008.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“carcinogen” means —
a substance or preparation which, if classified in accordance with the classification provided for by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations;
a substance or preparation —
listed in Schedule 1, or
which arises from a process specified in Schedule 1 and is a substance hazardous to health;
“employer” means a person by whom a worker is employed on a ship under a contract of employment;
“exposure” means exposure to carcinogens or mutagens or to both;
“the General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“health and safety” means the health and safety of persons whilst on board, or boarding or leaving, a ship;
“mutagen” means a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 would be in the category of danger, mutagenic (category 1) or mutagenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations;
“preparation” means a mixture or solution of two or more substances;
“regulation 4 assessment” has the meaning given by regulation 4(2);
“representative” in relation to workers means any person lawfully elected, chosen or designated to represent the workers in regard to issues about the safety and health protection of workers at work;
“substance” means any natural or artificial substance whether in solid or in liquid form or in the form of a gas or vapour and includes micro-organisms;
“trainees and apprentices” does not include persons who are training in a sail training vessel;
“United Kingdom ship” means a ship which is —
a United Kingdom ship within the meaning of s 85(2) of the Act;
a Government ship within the meaning of section 308(4) of the Act; or
a hovercraft registered under the Hovercraft Act 1968 ; and
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
2
In these Regulations, “worker” means a person employed under a contract of employment, whether express or implied, and if express whether oral or in writing, to work on activities to which these Regulations apply and includes a trainee or apprentice so employed except a trainee to whom paragraph (3) applies.
3
This paragraph applies to a trainee training in a sailing vessel which is —
a
being used either —
i
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
ii
to provide instruction in navigation and seamanship for yachtsmen; and
b
is being operated under one of the following codes —
i
the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
ii
the Code of Practice for the Safety of Small Commercial Sailing Vessels ;
iii
the Code of Practice for the Safety of Small Commercial Motor Vessels ; or
iv
the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .
4
In paragraph (3) each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time.
Application
3
1
Without prejudice to regulation 5 of the General Duties Regulations and subject to paragraphs (2) to (6) , these Regulations apply to activities on United Kingdom ships in which workers are or are likely to be exposed to carcinogens or mutagens as a result of their work.
2
Where —
a
a ship is being used in the course of public service activities or activities for the purpose of civil protection services; and
b
characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to that ship to the extent of that conflict.
3
To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as reasonably practicable, the health and safety of the workers engaged in that activity.
4
These Regulations do not apply —
a
to workers exposed only to radiation covered by the Treaty establishing the European Atomic Energy Community; or
b
to, or in relation to the activities of, workers to which the Control of Substances Hazardous to Health Regulations 2002 or the Control of Substances Hazardous to Health Regulations (Northern Ireland) 2003 apply.
5
The provisions of the General Duties Regulations continue to apply to activities to which these Regulations apply; where these Regulations contain more stringent or specific provisions then such provisions apply.
6
This regulation (other than paragraph (1) ) and regulations 21 and 23 apply in relation to ships which are not United Kingdom ships, when they are in United Kingdom waters.
7
In paragraph (2) —
“civil protection services” includes the fire and rescue and ambulance services and search and rescue services provided by any other person;
“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
Assessment of health risks
4
1
In the case of any activity likely to involve a risk of exposure, the employer shall —
a
in carrying out the risk assessment required by regulation 7 of the General Duties Regulations —
i
determine the nature, degree and duration of workers’ exposure in order to make it possible to assess any risk to the workers’ health or safety and to lay down the measures to be taken;
ii
in assessing the risk of such exposure take account of all routes of exposure, such as absorption into or through the skin; and
iii
give particular attention to any effects concerning the health and safety of workers at particular risk and take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens or mutagens;
b
renew the assessment regularly and in any event when any change occurs in the conditions which may affect workers’ exposure; and
c
supply the Secretary of State, if she so requests, with the information used for making the assessment.
2
An assessment carried out in accordance with this regulation, whether for the first time or by way of renewal, is in these Regulations called a regulation 4 assessment.
Reduction and replacement of carcinogens and mutagens
5
1
The employer shall reduce the use of carcinogens and mutagens on United Kingdom ships where workers are employed to work, in particular by replacing them, in so far as it is technically possible, by substances, preparations or processes which, under their conditions of use, are not dangerous or are less dangerous to workers’ health or safety.
2
The employer shall, upon request, submit the findings of his investigations to the Secretary of State.
Prevention and reduction of exposure
6
1
Where the results of a regulation 4 assessment reveal a risk to workers’ health or safety from their exposure, the employer shall take the steps required by this regulation to prevent that exposure.
2
The employer shall replace the carcinogen or mutagen as mentioned in regulation 5(1) .
3
Where that is not possible the employer shall ensure that the carcinogen or mutagen is, so far as technically possible, manufactured or used in a closed system.
4
Where a closed system is not technically possible, the employer shall ensure that the level of exposure of workers is reduced to as low a level as is technically possible.
5
In no circumstances shall exposure exceed the limit values set out in the table in Schedule 2.
6
Wherever a carcinogen or mutagen is used, the employer shall, in addition to the measures required by the preceding provisions of this regulation, take all the measures specified in Schedule 3.
7
In this regulation and in Schedule 2 “limit value” means, unless otherwise specified, the limit of the time-weighted average of the concentration for a carcinogen or mutagen in the air within the breathing zone of a worker in relation to a specified reference period as set out in that Schedule.
Information for the Secretary of State
7
Where a regulation 4 assessment reveals a risk to workers’ health or safety, the employer who carried out the assessment shall, if so requested by the Secretary of State, make available to the Secretary of State appropriate information on —
a
the activities or industrial processes assessed, including the reasons for using carcinogens or mutagens;
b
the quantities of substances or preparations manufactured or used which contain carcinogens or mutagens;
c
the number of workers exposed;
d
the preventive measures taken;
e
the type of protective equipment used;
f
the nature and degree of exposure;
g
the cases of replacement.
Unforeseen exposure
8
1
If an unforeseeable event or an accident likely to result in an abnormal exposure of workers occurs, the employer shall —
a
inform the workers of the occurrence; and
b
until the situation has been restored to normal and the causes of the abnormal exposure eliminated, take the following precautions.
2
The precautions are that —
a
only those workers essential to the carrying out of repairs and other necessary works are to be permitted to work in the affected area;
b
the workers concerned must be provided with, and required to wear, protective clothing and individual respiratory protection equipment;
c
the exposure must not be permanent and must be limited to the minimum time strictly necessary for each worker; and
d
unprotected workers must not be allowed to work in the affected area.
Foreseeable exposure
9
1
This regulation applies to activities (“relevant activities”), such as maintenance, in respect of which —
a
it is foreseeable that there is potential for a significant increase in the exposure of workers; and
b
all scope for further technical preventive measures for limiting exposure has been exhausted.
2
The employer shall, subject to the following provisions of this regulation, determine the measures necessary to reduce the workers’ exposure to the minimum possible and to ensure their protection while they are engaged in relevant activities.
3
Without prejudice to his responsibility, the employer shall consult the workers engaged in relevant activities in his undertaking or establishment, or both, before making a determination under paragraph (2).
4
The employer shall in particular —
a
ensure that the exposure of workers engaged in relevant activities is not permanent and is kept to the strict minimum of time necessary for each worker;
b
provide workers engaged in relevant activities with protective clothing and individual respiratory equipment which they must be required to wear as long as the abnormal exposure persists; and
c
take appropriate measures to ensure that the areas in which relevant activities take place are clearly demarcated and indicated or that unauthorised persons are prevented by other means from entering those areas.
5
This regulation is without prejudice to the provisions of the Merchant Shipping and Fishing Vessels (Personal Protective Equipment) Regulations 1999 .
Access to risk areas
10
1
The employer shall take appropriate measures to ensure that risk areas are accessible only to workers who are required to enter them by reason of their work or duties.
2
In paragraph (1) “risk areas” means the areas in which any activity takes place which has been shown by a regulation 4 assessment to involve a risk to workers’ health and safety.
Hygiene and individual protection
11
The employer shall take appropriate measures to ensure that, in relation to any activity involving a risk of contamination by carcinogens or mutagens, —
a
workers do not eat, drink or smoke in working areas where there is a risk of contamination by carcinogens or mutagens;
b
without prejudice to regulation 9 , workers are provided with appropriate special clothing;
c
separate storage places are provided for working or protective clothing and for other clothes;
d
workers are provided with appropriate and adequate washing and toilet facilities;
e
protective equipment is properly stored in a well defined place and is checked and cleaned if possible before, and in any case after, each use; and
f
defective equipment is properly repaired or replaced before further use.
Information and training of workers
12
1
The employer shall take appropriate measures to ensure that workers or their representatives, or both, receive sufficient and appropriate training, on the basis of all available information, in particular in the form of information and instructions concerning —
a
potential risks to health, including the additional risks due to tobacco consumption;
b
precautions to prevent exposure;
c
the requirements of hygiene;
d
the wearing and use of protective clothing; and
e
the steps to be taken by workers, including rescue workers, in the case of incidents and to prevent incidents.
2
Training provided under paragraph (1) shall be —
a
adapted to take account of new or changed risks; and
b
repeated periodically if necessary.
3
The employer shall, in relation to all installations, containers and packages containing carcinogens or mutagens —
a
tell workers where they are;
b
ensure that they are clearly and legibly labelled; and
c
ensure that clearly visible warning and hazard signs are displayed on them.
4
The employer shall take appropriate measures to ensure that —
a
without prejudice to the duties imposed on the employer by these Regulations (in particular by regulation 9 ) workers or their representatives can verify that these Regulations are being applied or can be involved in their application, in particular with regard to —
i
the consequences for workers’ safety and health of the selection, wearing and use of protective clothing and equipment; and
ii
the measures to be determined by the employer under regulation 9 ;
b
workers or their representatives are informed as quickly as possible of abnormal exposures, including those referred to in regulation 9 , of the causes thereof and the corrective measures to be taken;
c
an up-to-date list is kept of the workers engaged in activities as respects which a regulation 4 assessment has revealed a risk to the health or safety of workers, including (if the information is available) the exposure to which they have been subjected;
d
the doctor or the Secretary of State as well as any other person with responsibility for the health and safety of workers at work has access to that list;
e
each worker has access to the information on the list that relates to him personally; and
f
workers or their representatives have access to anonymous collective information.
Consultation with and participation of workers
13
The employer shall consult workers or their representatives about matters covered by these Regulations in accordance with regulation 20 of the General Duties Regulations.
Health surveillance
14
1
The employer shall ensure that there are arrangements whereby workers for whom a regulation 4 assessment reveals a risk to health or safety are kept under health surveillance.
2
In particular a worker shall be able to undergo, if appropriate, relevant health surveillance before exposure and at regular intervals thereafter and the arrangements shall be such that it is directly possible to implement individual and occupational hygiene measures.
3
If a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens or mutagens, the doctor or body responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance and, in that event, a further regulation 4 assessment shall be undertaken.
4
In cases where health surveillance is carried out, an individual medical record shall be kept and the doctor or body responsible for health surveillance shall propose any protective or preventive measures to be taken in respect of any individual workers.
5
Information and advice shall be given to workers regarding any health surveillance which they may undergo following the end of exposure.
6
Workers must be given access to the results of health surveillance which concern them.
7
Workers or the employer may request a review of the results of health surveillance.
8
The doctor or body undertaking health surveillance shall have regard to the practical recommendations for the health surveillance of workers set out in Schedule 4.
9
All cases of cancer identified as resulting from occupational exposure to a carcinogen or mutagen shall be notified to the Secretary of State.
Record-keeping
15
1
The employer shall keep —
a
the list referred to in regulation 12(4)(c) ; and
b
the medical record referred to in regulation 14(4) ,
for at least 40 years following the end of exposure.
2
If the employer ceases to trade, he shall make the records referred to in paragraph (1)(a) and (b) available to the Secretary of State.
Persons on whom duties are imposed
16
1
Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because that person does not have responsibility for the operation of the ship, that duty also extends to any other person who has control of that matter.
2
It is the duty of every worker performing activities to which these Regulations apply —
a
to make full and proper use of all clothing and equipment with which he has been provided by the employer in pursuance of these Regulations; and
b
to give effect to all instruction and training with which he has been provided under regulation 12 .
Offences and penalties
17
1
A person who acts in contravention of, or fails to comply with, regulation 4 , 5 , 6 , 9 or 14 is guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years or a fine, (or both).
2
A person who acts in contravention of, or fails to comply with, regulation 8 , 10 or 13 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
A person who acts in contravention of, or fails to comply with, regulation 7 , 11 , 12 , 15 or 25 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A worker who fails to comply with regulation 16(2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
5
Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) to (3) of this regulation, as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.
Offences by body corporate
18
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
19
In any proceedings for an offence under any of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Detention of a United Kingdom ship
20
1
Where a surveyor of ships is satisfied that there is or has been a failure by an employer or other person referred to in regulation 16(1) to comply in relation to any United Kingdom ship with the preceding requirements of these Regulations, that ship is liable to be detained until a surveyor of ships is satisfied that those requirements are complied with.
2
A surveyor of ships may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
3
A ship shall not be delayed or detained unreasonably under this regulation.
4
Where a ship is detained because in relation to it there has been a failure to comply with the requirements of these Regulations, and that failure has ceased, a person having power to detain the ship shall, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the ship is detained;
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted;
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the employer or other person having control of the matter in question;
d
where the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid; or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
5
The Secretary of State shall repay any sum paid in pursuance of paragraph (4)(c) or release any security so given —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted.
6
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (4)(c) and the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, the sum so paid or the amount made available under the security shall be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the employer or other person having control of the matter in question; and
b
next in payment of any fine imposed by the court,
and any balance shall be repaid to the first-mentioned person.
7
Section 145 of the Act (interpretation of section 144) applies for the purposes of paragraphs (4) to (6) as if —
a
references to the master or owner of the ship were references to the employer or other person having control of the matter in question; and
b
references to an offence under section 131 were references to an offence arising from the failure in question.
Inspection and other measures in respect of ships registered outside the United Kingdom
21
1
When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by these Regulations are met in relation to that ship.
2
Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor of ships may —
a
send a report to the government of the State whose flag the ship is entitled to fly, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health or safety, take such measures as are necessary to ensure those conditions are rectified.
3
A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.
4
A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
5
If any of the measures specified in paragraph (b) or (3) are taken, the surveyor of ships shall immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
6
A ship shall not in the exercise of the power under this regulation be delayed or detained unreasonably.
7
In paragraph (1) , “relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act .
Application of powers of inspectors in relation to Government ships
22
Sections 258 to 266 of the Act apply to these Regulations as if they were for all purposes made under section 85 of the Act and accordingly those sections apply in relation to Government ships.
Enforcement of detention
23
1
Section 284 of the Act applies where a ship is liable to be detained under these Regulations as if —
a
references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and
b
subsection (7) were omitted.
2
Where a ship is liable to be detained under these Regulations the person detaining the ship shall serve on the master of the ship a detention notice which shall —
a
state that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations;
b
specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and
c
require the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
Right of appeal and compensation
24
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which by virtue of regulation 19 of those Regulations apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.
Prohibition on levy
25
No charge in respect of anything done or provided in pursuance of any specific requirement of these Regulations shall be levied or permitted to be levied on any worker.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State,
Department for Transport
29th October 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) ( Eurex Clearing AG ) Regulations 2007 and shall come into force on 23rd April 2007.
2
These Regulations shall have effect —
a
for the purposes of the charge to stamp duty, in relation to instruments executed on or after 23rd April 2007;
b
for the purposes of the charge to stamp duty reserve tax —
i
in the case of agreements to transfer equities which are not conditional, in relation to agreements made on or after 23rd April 2007;
ii
in the case of agreements to transfer equities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations —
“clearing member” means —
a member of Eurex Clearing AG who —
is also a member of the Eurex exchange (as defined by this regulation); and
is permitted by that exchange and that clearing house to clear options contracts; or
a member of Eurex Clearing AG who —
is not a member of the Eurex exchange; and
is permitted by that clearing house to clear options contracts on behalf of a member of that exchange who is not a clearing member (as defined by this regulation),
in his capacity as such a member;
“equities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued or raised by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“Eurex Clearing AG” means Eurex Clearing Aktiengesellschaft, a company registered in Germany which is a recognised clearing house under the Financial Services and Markets Act 2000 in its capacity as a person providing clearing services in connection with a transaction made on the Eurex exchange or otherwise permitted to be cleared by the rules of that clearing house;
“the Eurex exchange” means either one of the investment exchanges known as Eurex Deutschland and Eurex Zurich;
“option” means an option, to buy or sell equities, which —
is listed by and traded on the Eurex exchange (as defined by this regulation); or
is otherwise permitted to be cleared by the rules of Eurex Clearing AG.
Prescription of recognised clearing house
3
For the purposes of sections 116 and 117 of the Finance Act 1991 Eurex Clearing AG is prescribed as a recognised clearing house.
Transfers of securities to Eurex Clearing AG – prescribed circumstances
4
A charge to stamp duty or to stamp duty reserve tax shall be treated as not arising where, as a result of the exercise of an option, equities are transferred or issued, or agreed to be transferred or issued, to —
a
Eurex Clearing AG, or
b
a person whose business is or includes holding such equities as a nominee for Eurex Clearing AG.
Transfers of securities from Eurex Clearing AG – prescribed circumstances
5
A charge to stamp duty or to stamp duty reserve tax shall be treated as not arising where, in order to meet an obligation to receive equities resulting from the exercise of an option, equities are transferred, or agreed to be transferred, from —
a
Eurex Clearing AG, or
b
a person whose business is or includes holding such equities as a nominee for Eurex Clearing AG,
to a clearing member or a nominee of a clearing member.
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2007


text:
Citation commencement and extent
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2007 and shall come into force on 6 th August 2007.
Amendment of Schedule 4 to the Social Security (Contributions) Regulations 2001
2
In Schedule 4 to the Social Security (Contributions) Regulations 2001 (provisions derived from the Income Tax Acts and the Income Tax (Pay as You Earn) Regulations 2003 ) after Part 3 there shall be inserted the following Part —
PART 3A DEBTS OF MANAGED SERVICE COMPANIES
Interpretation of this Part
29A
1
In this Part of this Schedule —
“ HM Revenue and Customs” means Her Majesty’s Revenue and Customs;
“lower amount” means the amount mentioned in paragraph 29C(5);
“managed service company” has the meaning given by section 61B of ITEPA ;
“paragraph (b) associate” means a person who —
is within section 688A(2)(d) , and
is within that provision by virtue of a connection with a person who is within section 688A(2)(b);
“paragraph (c) associate” means a person who —
is within section 688A(2)(d), and
is within that provision by virtue of a connection with a person who is within section 688A(2)(c);
“qualifying period” means a tax period beginning on or after 6th August 2007;
“relevant contributions debt” means a debt specified in paragraph 29B;
“specified amount” means the amount mentioned in paragraph 29C(1)(b);
“transfer notice” means the notice mentioned in paragraph 29C(4);
“transferee” means the person mentioned in paragraph 29C(4).
2
In this Part of this Schedule references to section 688A, however expressed, are references to section 688A of ITEPA.
Relevant contributions debts of managed service companies
29B
1
A managed service company has a relevant contributions debt if —
a
a managed service company must pay an amount of contributions for a qualifying period, and
b
one of conditions A to E is met.
2
Condition A is met if —
a
a decision has been made in accordance with section 8 of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 that an amount of Class 1 National Insurance contributions is due in respect of a qualifying period, and
b
any part of the amount has not been paid within 14 days from the date on which the decision became final and conclusive.
3
Condition B is met if —
a
an employer delivers a return under paragraph 22(1) (return by employer at end of year) for the tax year 2007-08, or any later tax year, showing an amount of total contributions deducted by the employer for that tax year,
b
HM Revenue and Customs prepare a certificate under paragraph 22(5) (certificate that contributions specified in return under paragraph 22(1) remain unpaid) showing how much of that amount remains unpaid, and
c
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the certificate is prepared.
4
Condition C is met if —
a
HM Revenue and Customs prepare a certificate under paragraph 14(1) (employer failing to pay earnings-related contributions) showing an amount of contributions which the employer is liable to pay for a qualifying period, and
b
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the certificate is prepared.
5
Condition D is met if —
a
HM Revenue and Customs serve notice on an employer under paragraph 15(1) (specified amount of earnings-related contributions payable by the employer) requiring payment of the amount of Class 1 contributions which they consider the employer is liable to pay, and
b
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the notice is prepared.
6
Condition E is met if —
a
HM Revenue and Customs prepare a certificate under paragraph 26 (inspection of employer’s records) showing an amount of contributions which it appears that the employer is liable to pay for a qualifying period,
b
HM Revenue and Customs make a written demand for payment of that amount of contributions, and
c
any part of that amount remains unpaid at the end of a period of 14 days beginning with the date on which the written demand for payment is made.
Transfer of debt of managed service company
29C
1
This paragraph applies if —
a
a managed service company has a relevant contributions debt, and
b
an officer of Revenue and Customs is of the opinion that the relevant contributions debt or a part of the relevant contributions debt (the “specified amount”) is irrecoverable from the managed service company within a reasonable period.
2
HM Revenue and Customs may make a direction authorising the recovery of the specified amount from the persons specified in section 688A(2) (managed service companies: recovery from other persons).
3
Upon the making of a direction under sub-paragraph (2), the persons specified in section 688A(2) become jointly and severally liable for the relevant contributions debt, but subject to what follows.
4
HM Revenue and Customs may not recover the specified amount from any person in accordance with a direction made under sub-paragraph (2) until they have served a notice (a “transfer notice”) on the person in question (the “transferee”).
5
If an officer of Revenue and Customs is of the opinion that it is appropriate to do so, HM Revenue and Customs may accept an amount less than the specified amount (the “lower amount”) from a transferee; but this acceptance shall not prejudice the recovery of the specified amount from any other transferee.
6
HM Revenue and Customs may not serve a transfer notice on a person mentioned in section 688A(2)(c), or on a paragraph (c) associate, if the relevant contributions debt is incurred before 6 th January 2008.
7
HM Revenue and Customs may not serve a transfer notice on a person mentioned in section 688A(2)(c), or on a paragraph (c) associate, unless an officer of Revenue and Customs certifies that, in his opinion, it is impracticable to recover the specified amount from persons mentioned in paragraphs (a) and (b) of section 688A(2) and from paragraph (b) associates.
8
In determining, for the purposes of sub-paragraph (7), whether it is impracticable to recover the specified amount from the persons mentioned in paragraphs (a) and (b) of section 688A(2) and from paragraph (b) associates the officer of Revenue and Customs may have regard to all managed service companies in relation to which a person is a person mentioned in paragraph (a) or (b) of section 688A(2) or a paragraph (b) associate.
9
In determining which of the persons mentioned in section 688A(2)(c) and which of the paragraph (c) associates are to be served with transfer notices and the amount of those notices, HM Revenue and Customs must have regard to the degree and extent to which those persons are persons who (directly or indirectly) have encouraged or been actively involved in the provision by the managed service company of the services of the individual mentioned in that provision.
Time limits for issue of transfer notices
29D
1
A transfer notice must be served before the end of the period specified in this paragraph.
2
Sub-paragraphs (3) to (7) apply if the transfer notice is served on a person mentioned in paragraph (a) or (b) of section 688A(2) or on a paragraph (b) associate.
3
In a case in which condition A in paragraph 29B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which the decision became final and conclusive.
4
In a case in which condition B in paragraph 29B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs received the return delivered under paragraph 22.
5
In a case in which condition C in paragraph 29B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs prepare the certificate under paragraph 14(1).
6
In a case in which condition D in paragraph 29B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs serve notice to the employer under paragraph 15(1).
7
In a case in which condition E in paragraph 29B is met, the transfer notice must be served before the end of a period of 12 months beginning with the date on which HM Revenue and Customs carry out the inspection of the employer’s contribution records under paragraph 26.
8
If the transfer notice is served on a person mentioned in paragraph (c) of section 688A(2), or on a paragraph (c) associate, the transfer notice must be served before the end of a period of three months beginning with the date on which the officer of Revenue and Customs certifies the matters specified in paragraph 29C(7).
Contents of transfer notice
29E
1
A transfer notice must contain the following information —
a
the name of the managed service company to which the relevant contributions debt relates;
b
the address of the managed service company to which the relevant contributions debt relates;
c
the amount of the relevant contributions debt;
d
the tax periods to which the relevant contributions debt relates;
e
if the tax periods to which the relevant contributions debt relates are comprised in more than one tax year, the apportionment of the relevant contributions debt among those tax years;
f
which of the conditions A to E specified in paragraph 29B is met;
g
the transferee’s name;
h
the transferee’s address;
j
whether the transferee is a person mentioned in paragraph (a), (b) or (c) of section 688A, a paragraph (b) associate or a paragraph (c) associate;
k
if the transferee is a person mentioned in paragraph (c) of section 688A or a paragraph (c) associate —
i
the date on which the officer of Revenue and Customs certified the matters specified in paragraph 29C(7), and
ii
the names of the persons from whom it has been impracticable to recover the specified amount;
l
the specified amount;
m
the tax periods to which the specified amount relates;
n
if the tax periods to which the specified amount relates are comprised in more than one tax year, the apportionment of the specified amount among those tax years;
o
the address to which payment must be sent;
p
the address to which an appeal must be sent.
2
The transfer notice may specify the lower amount if HM Revenue and Customs are prepared to accept the lower amount from the transferee.
3
The transfer notice must also contain a statement, made by the officer of Revenue and Customs serving the notice, that in his opinion the specified amount is irrecoverable from the managed service company within a reasonable period.
Payment of the specified amount
29F
1
If a transfer notice is served, the transferee must pay the specified amount to HM Revenue and Customs at the address specified in the transfer notice.
2
The transferee must pay the specified amount within 30 days beginning with the date on which the transfer notice is served (the “specified period”).
3
If a transfer notice is served on a person mentioned in paragraph (a) or (b) of section 688A(2), or on a paragraph (b) associate, the specified amount carries interest from the reckonable date until the date on which payment is made.
4
If a transfer notice is served on a person mentioned in paragraph (c) of section 688A(2), or on a paragraph (c) associate, the specified amount carries interest from the day following the expiry of the specified period until the date on which payment is made.
Appeals
29G
1
A transferee may appeal against the transfer notice.
2
A notice of appeal must —
a
be given to HM Revenue and Customs at the address specified in the transfer notice within 30 days beginning with the date on which the transfer notice was served, and
b
specify the grounds of the appeal.
3
The grounds of appeal are any of the following —
a
that the relevant contributions debt (or part of the relevant contributions debt) is not due from the managed service company to HM Revenue and Customs;
b
that the specified amount does not relate to a company which is a managed service company;
c
that the specified amount is not irrecoverable from the managed service company within a reasonable period;
d
that the transferee is not a person mentioned in section 688A(2);
e
that the transferee was not a person mentioned in section 688A(2) during the tax periods to which the specified amount relates;
f
that the transferee was not a person mentioned in section 688A(2) during some part of the tax periods to which the specified amount relates;
g
that the transfer notice was not served before the end of the period specified in paragraph 29D;
h
that the transfer notice does not satisfy the requirements specified in paragraph 29E;
j
in the case of a transferee mentioned in section 688A(2)(c) or of a paragraph (c) associate, that it is not impracticable to recover the specified amount from persons mentioned in paragraphs (a) and (b) of section 688A(2) or from paragraph (b) associates;
k
in the case of a transferee mentioned in section 688A(2)(c) or of a paragraph (c) associate, that the amount specified in the transfer notice does not have regard to the degree and extent to which the transferee is a person who (directly or indirectly) has encouraged or been actively involved in the provision by the managed service company of the services of the individual mentioned in that provision.
4
Sub-paragraph (3)(a) is subject to paragraph 29H(4).
5
The appeal is to the Special Commissioners.
Procedure on appeals
29H
1
On an appeal the Special Commissioners shall uphold or quash the transfer notice.
2
The general rule in sub-paragraph (1) is subject to the following qualifications.
3
In the case of the ground of appeal specified in paragraph 29G(3)(a), the Special Commissioners shall investigate the matter and shall —
a
uphold the amount of the relevant contributions debt specified in the transfer notice, or
b
reduce or increase the amount of the relevant contributions debt specified in the transfer notice to such amount as in their opinion is just and reasonable.
4
If the Special Commissioners determine the amount of the relevant contributions debt of a managed service company under sub-paragraph (3), that amount is conclusive as to the amount of that relevant contributions debt in any later appeal relating to that debt.
5
In the case of the ground of appeal specified in paragraph 29G(3)(f), the Special Commissioners may reduce the amount specified in the transfer notice to an amount determined in accordance with the equation —
R A =
P
T P
× A S
6
In paragraph (5) —
RA means the reduced amount;
P means the number of days in the tax periods specified in the transfer notice during which the transferee was a person mentioned in section 688A(2);
TP means the number of days in the tax periods specified in the transfer notice;
AS means the amount specified in the transfer notice.
7
In the case of the ground of appeal specified in paragraph 29G(3)(k), the Special Commissioners may reduce the amount specified in the transfer notice to such amount as in their opinion is just and reasonable.
Withdrawal of transfer notices
29J
1
A transfer notice shall be withdrawn if the Special Commissioners quash it.
2
A transfer notice may be withdrawn if, in the opinion of an officer of Revenue and Customs, it is appropriate to do so.
3
If a transfer notice is withdrawn, HM Revenue and Customs must give written notice of that fact to the transferee.
Application of Part 6 of the Taxes Management Act 1970
29K
1
For the purposes of this Chapter, Part 6 of the Taxes Management Act 1970 (collection and recovery) applies as if —
a
the transfer notice were an assessment of tax on employment income, and
b
the amount of earnings-related contributions specified in the transfer notice, and any interest payable on that amount under sub-paragraph (3) or (4) of paragraph 29F were income tax charged on the transferee;
and that Part of that Act applies with the modification specified in sub-paragraph (2) and any other necessary modifications.
2
Summary proceedings for the recovery of the specified amount may be brought in England and Wales or Northern Ireland at any time before the end of a period of 12 months beginning immediately after the expiry of the period mentioned in paragraph 29F(2).
3
The specified amount is one cause of action or one matter of complaint for the purposes of proceedings under sections 65, 66 and 67 of the Taxes Management Act 1970 (magistrates’ courts, county courts and inferior courts in Scotland).
4
But sub-paragraph (3) does not prevent the bringing of separate proceedings for the recovery of each of the amounts which the transferee is liable to pay for any tax period.
Repayment of surplus amounts
29L
1
This paragraph applies if the amounts paid to HM Revenue and Customs in respect of a relevant contributions debt exceed the specified amount.
2
HM Revenue and Customs shall repay the difference on a just and equitable basis and without unreasonable delay.
3
Interest on any sum repaid shall be paid in accordance with paragraph 18 (payment of interest on repaid earnings-related contributions).
.
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2007


text:
PART 1 Introduction
Title, commencement and application
1
This Order —
a
may be cited as the Poultry Breeding Flocks and Hatcheries (England) Order 2007;
b
comes into force on 7th March 2007; and
c
applies in England.
Interpretation
2
In this Order —
“approved laboratory” means a laboratory approved by the Secretary of State for the purposes of this Order;
“breeding flock” means a flock kept for the production of eggs intended for incubation;
“building” includes a shed and any part of a building that has its own ventilation system and is separated from other parts of the building by a solid partition;
“chick” means a bird less than 72 hours old that has not been fed;
“flock” means poultry of the same health status kept on the same holding or in the same enclosure and constituting a single epidemiological unit and, in the case of housed poultry, includes all birds sharing the same airspace;
“layer breeder” means poultry kept for the production of eggs intended for the incubation and hatching of chicks —
that will be grown to produce eggs for human consumption, or
whose progeny will be grown to produce eggs for human consumption;
“meat breeder” means poultry kept for the production of eggs intended for the incubation and hatching of chicks —
that will be grown to produce meat for human consumption, or
whose progeny will be grown to produce meat for human consumption;
“occupier” means, in relation to any hatchery or holding, the person in charge of the hatchery or holding;
“poultry” means domestic fowls, turkeys, geese and ducks.
Competent authority
3
The Secretary of State is the competent authority for the purposes of —
a
Commission Regulation ( EC ) No 1003/2005 implementing Regulation (EC) No 2160/2003 as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus gallus and amending Regulation (EC) No 2160/2003 (in this Order, referred to as “the Commission Regulation”); and
b
Commission Regulation (EC) No 1177/2006 implementing Regulation (EC) No 2160/2003 of the European Parliament and of the Council as regards requirements for the use of specific control methods in the framework of the national programmes for the control of salmonella in poultry (in this Order, referred to as “Commission Regulation 1177/2006”).
PART 2 Notification of hatcheries and breeding flocks
Notification of hatcheries
4
1
The occupier of a poultry hatchery with a total incubator capacity of 1000 eggs or more must notify the Secretary of State of the information in Schedule 1, paragraph 1 —
a
within three months of the coming into force of this Order; or
b
in the case of such a hatchery established after the date this Order comes into force, within three months of the establishment of the hatchery.
2
The occupier must notify the Secretary of State of any change or addition to that information within three months of the change or addition.
3
This article does not apply to any occupier who has notified the Secretary of State of that information under any other enactment.
Notification of breeding flocks
5
1
The occupier of a holding on which one or more breeding flocks of at least 250 poultry of any single species are kept must notify the Secretary of State of the information in Schedule 1, paragraph 2 —
a
within three months of the coming into force of this Order; or
b
in the case of such a holding established after the date this Order comes into force, within three months of the establishment of the holding.
2
The occupier must notify the Secretary of State of any change or addition to that information within three months of the change or addition.
3
This article does not apply to any occupier who has notified the Secretary of State of that information under any other enactment.
PART 3 Control of salmonella in Gallus gallus
CHAPTER 1
Duties of an occupier
Application of Chapter 1
6
This Chapter applies in relation to any holding on which one or more breeding flocks of at least 250 domestic fowl of the species Gallus gallus are kept, and any reference in this Chapter to an occupier is a reference to an occupier of such a holding.
Notification of arrival of breeding flocks
7
1
The occupier must notify the Secretary of State of the expected date of arrival at the holding of every breeding flock of at least 250 domestic fowl of the species Gallus gallus.
2
The notification must be made at least two weeks before the expected date of arrival.
Notification of movement to laying phase etc.
8
1
The occupier must notify the Secretary of State of the date that he expects each breeding flock on the holding to —
a
move to the laying phase or laying unit; and
b
reach the end of the production cycle.
2
The notification must be made at least two weeks before the breeding flock is expected to move to the laying phase or laying unit.
Sampling of breeding flocks
9
1
The occupier must take samples from each breeding flock on the holding at the following times —
a
when the birds in the flock are chicks;
b
when the birds in the flock are four weeks old;
c
two weeks before the date the flock is expected to come into lay or move to the laying phase or laying unit; and
d
every second week during the laying period.
2
Sampling under paragraph (1)(a) to (c) must be done in accordance with Schedule 2 to this Order and sampling under paragraph (1)(d) must be done in accordance with point 2.2.2.1 of the Annex to the Commission Regulation (routine sampling at the initiative of the operator).
Submission of samples to an approved laboratory
10
1
The occupier must dispatch the samples taken under article 9 to an approved laboratory for the purposes of testing for the presence of salmonella.
2
He must dispatch the samples within —
a
24 hours of being taken; or
b
48 hours of being taken if he places the samples in a refrigerator at a temperature of between 1° and 4° C as soon as practicable on the day they are taken.
3
He must ensure that the samples are identified prior to dispatch so as to enable the approved laboratory to determine —
a
the name of the occupier;
b
the address of the holding on which the breeding flock from which the samples were taken are kept;
c
the type of samples;
d
the date on which the samples were taken;
e
the identification of the breeding flock sampled;
f
the age of the breeding flock sampled;
g
whether the breeding flock from which the samples were taken is a flock of layer breeders or meat breeders; and
h
the status in the breeding pyramid of the breeding flock from which the samples were taken.
Records of samples
11
1
The occupier must —
a
keep a record of the information in Schedule 3, paragraph 1, in respect of each sample taken in accordance with article 9 ; and
b
by 30th June and 31st December each year, notify the Secretary of State of that information in respect of sampling undertaken in the six months prior to notification.
2
He must keep the record in paragraph (1)(a) for two years from the date the sample was taken.
Records of movements
12
1
The occupier must keep a record of the information in Schedule 3, paragraph 2, in respect of the movement to and from the holding of any domestic fowl of the species Gallus gallus or their chicks or eggs.
2
He must keep the record for two years from the date of the movement.
CHAPTER 2
Duties of approved laboratories
Duties of an approved laboratory
13
1
The person in charge of an approved laboratory must ensure that the examination of samples submitted to it under article 10 begins within 48 hours of receipt of those samples.
2
He must ensure that —
a
the samples are prepared as follows —
i
chick box liners must be prepared in accordance with Schedule 4 to this Order;
ii
boot swabs’ samples must be prepared in accordance with point 3.1.2 of the Annex to the Commission Regulation; and
iii
any other samples of faeces must be prepared in accordance with point 3.1.3 of that Annex;
b
the samples are tested for salmonella in accordance with the method in point 3.2 of that Annex; and
c
the result of any test on any sample is reported in writing as soon as practicable to the occupier who submitted it.
CHAPTER 3
Use of antimicrobials and vaccines
Prohibition on the use of antimicrobials
14
No person may administer any antimicrobial to any bird in a breeding flock of domestic fowl of the species Gallus gallus as a specific method to control salmonella in breach of Article 2 of Commission Regulation 1177/2006 (use of antimicrobials) .
Prohibition on the use of vaccines
15
No person may administer any live salmonella vaccine to any bird in a breeding flock of domestic fowl of the species Gallus gallus in breach of Article 3(1) of Commission Regulation 1177/2006 (use of vaccines).
PART 4 Miscellaneous
Hatchery records
16
1
The occupier of a hatchery with a total incubator capacity of 1000 eggs or more and containing domestic fowl of the species Gallus gallus or their eggs must keep a record of —
a
the information in Schedule 3, paragraph 3, in respect of the movement of any eggs of domestic fowl of the species Gallus gallus to and from the hatchery; and
b
the information in Schedule 3, paragraph 4, in respect of the movement of any chicks of domestic fowl of the species Gallus gallus from the hatchery.
2
He must keep the record for two years from the date of the movement.
Production of records
17
Any person required to keep a record under this Order must produce it to an inspector or officer of the Secretary of State on demand at any reasonable time and allow a copy of it to be made or an extract from it to be taken.
Tampering with samples
18
A person must not tamper with a sample or do anything to it that is likely to affect the result of any test required to be carried out under this Order, except as provided for in this Order.
Powers of Secretary of State in cases of default
19
If any person fails to take any action under this Order, an inspector may take, or cause to be taken, such action and his expenses reasonably incurred are recoverable by the Secretary of State from the person in default.
Enforcement
20
1
This Order is enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that he will enforce this Order instead of the local authority.
Revocation
21
The Poultry Breeding Flocks and Hatcheries Order 1993 is revoked in relation to England.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
14th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Army Act 1955 (Part 1) (Regular Army) Regulations 1992 (Amendment) Regulations 2007 and shall come into force on 1st January 2008.
Amendment to the principal Regulations
2
1
The Army Act 1955 (Part 1) (Regular Army) Regulations 1992 (“the principal Regulations”) shall be amended as follows.
2
For the forms set out in Schedule 2 (notice to be given under section 2(1) of the Army Act 1955 to a person offering to enlist in the regular army), substitute the form in the Schedule to these Regulations.
On behalf of the Defence Council
Derek Twigg
Richard Dannatt
Members of the Defence Council
Members of the Defence Council
29th November 2007