text:
Citation and commencement
1
These Regulations may be cited as the Motor Fuel (Composition and Content)(Amendment) Regulations 2007 and shall come into force on 4th December 2007.
Amendment of the Motor Fuel (Composition and Content) Regulations 1999
2
1
The Motor Fuel (Composition and Content) Regulations 1999 shall be further amended as follows.
2
For regulation 3 substitute —
Interpretation of requirements relating to petrol and diesel fuel
3
1
A reference in this Part to the need for petrol or diesel fuel to comply with a specified requirement is to be construed in accordance with this regulation.
2
Unless it is petrol to which paragraph (8) applies, before 1st January 2009 petrol complies with the winter petrol requirement if its composition and content meet the environmental specifications in Annex III of the Directive, but with the qualification that —
a
the requirement of the parameter “Vapour pressure, summer period” does not apply, and
b
it may have 50 mg/ kg as its maximum sulphur content.
3
If it is petrol to which paragraph (8) applies, or in any case on or after 1st January 2009, petrol complies with the winter petrol requirement if its composition and content meet the environmental specifications in Annex III of the Directive, but with the qualification that —
a
the requirement of the parameter “Vapour pressure, summer period” does not apply, and
b
its maximum sulphur content must be 10 mg/kg.
4
Unless it is petrol to which paragraph (8) applies, before 1st January 2009 petrol complies with the summer petrol requirement if its composition and content meet the environmental specifications in Annex III of the Directive, but with the qualification that it may have —
a
50 mg/kg as its maximum sulphur content; and
b
a vapour pressure not exceeding 70 kPa.
5
If it is petrol to which paragraph (8) applies, or in any case on or after 1st January 2009, petrol complies with the summer petrol requirement if its composition and content meet the environmental specifications in Annex III of the Directive, but with the qualification that —
a
its maximum sulphur content must be 10 mg/kg; and
b
it may have a vapour pressure not exceeding 70 kPa.
6
Unless it is diesel fuel to which paragraph (8 ) applies, before 1st January 2009 diesel fuel complies with the diesel fuel requirement if its composition and content meet the environmental specifications in Annex IV of the Directive, with the qualification that its maximum sulphur content may be 50 mg/kg.
7
If it is diesel fuel to which paragraph (8) applies, or in any case on or after 1st January 2009, diesel fuel complies with the diesel fuel requirement if its composition and content meet the environmental specifications in Annex IV of the Directive, with the qualification that its maximum sulphur content must be 10 mg/kg.
8
This paragraph applies to super unleaded petrol or diesel fuel sold at a filling station before 1st January 2009 if —
a
it is sold in 2007 and the total amount of petrol and diesel fuel sold at that filling station in 2006 was not less than 3 million litres, or
b
it is sold in 2008 and the total amount of petrol and diesel fuel sold at that filling station in 2007 was not less than 3 million litres.
9
In this regulation “super unleaded petrol” means petrol that has —
a
a research octane number of not less than 97 measured in accordance with the Test Method specified for research octane number in Annex III of the Directive; and
b
a motor octane number of not less than 86 measured in accordance with the Test Method specified for motor octane number in Annex III of the Directive.
.
3
For regulation 6(4) substitute —
4
Notwithstanding the provisions of regulation 5(1) a person may, between 1st January and 31st May 2009, sell petrol which does not comply with the winter petrol requirement if —
a
the composition and content of the petrol meet the environmental specifications in Annex III of the Directive with the qualification that —
i
the requirement of the parameter “Vapour pressure, summer period” does not apply, and
ii
it may have 50 mg/kg as its maximum sulphur content; and
b
the petrol has been stored at the filling station at which it is sold in a filling station tank to which fewer than three deliveries of petrol have been made after 31st December 2008.
.
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
4th June 2007


type: legislation

jurisdiction: UK

text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Housing Benefit (Loss of Benefit) (Pilot Scheme) (Supplementary) Regulations 2007 and shall come into force on 1st November 2007.
2
These Regulations shall cease to have effect on 31st October 2009 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“the Pilot Scheme Regulations ” means the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007 ;
“rehabilitation services” means the services referred to in section 130B(10), namely services provided by a relevant local authority to a former occupier with the aim of ending, or preventing repetition of, the conduct which may lead or has led to the making of a relevant order for possession ;
“relevant authority” and “relevant decision” have the same meaning as in paragraph 1 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 .
2
Unless the context otherwise requires, any reference in these Regulations to a numbered section or Schedule is a reference to the section of or Schedule to, the Social Security Contributions and Benefits Act 1992 bearing that number.
Application of pilot scheme
3
These Regulations apply in relation to a former occupier only where the following conditions are satisfied in his case —
a
the relevant order for possession relates to a dwelling which is within the area of a relevant authority specified in the Schedule to the Pilot Scheme Regulations and was made on or after the date there specified in relation to that authority;
b
the warning notice was served on him by a relevant local authority specified in that Schedule on or after the date there specified in relation to that authority;
c
housing benefit is awarded in respect of a dwelling which is within the area of a relevant authority specified in that Schedule.
Warning notice
4
The warning notice served under section 130B(2) must be in writing.
Matters which are to be taken into account in determining good cause
5
1
In determining whether a person has, or does not have, good cause for failing to take action specified in a warning notice, the matters and circumstances which are to be taken into account include the following —
a
any condition or personal circumstance of that person which indicates that taking the action specified in the warning notice would be likely to or did —
i
cause significant harm to his health; or
ii
subject him to excessive physical or mental stress;
b
the person was suffering from some disease or bodily or mental disablement on account of which —
i
he could not take the action specified in the warning notice;
ii
taking the action specified in the warning notice would have put his health at risk; or
iii
taking the action specified in the warning notice would have put at risk the health of other persons;
c
whether the person misunderstood the requirement on him because of that person’s learning, language or literacy difficulties or because of any misleading information contained in the warning notice;
d
the fact that the failure to take the action in question resulted from a sincerely held religious or conscientious objection;
e
any caring responsibilities which would, or did, make it unreasonable for the person to take the action in question;
f
the fact that the person was attending court as a party to any proceedings, or as a witness or a juror;
g
the fact that the person was arranging or attending the funeral of —
i
his partner;
ii
a close friend; or
iii
a parent, step-parent, grandparent, parent-in-law, son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother, sister, grand-child or, if one member of the preceding is a member of a couple, the other member of that couple;
h
the fact that the person was engaged in —
i
the manning or launching of a lifeboat; or
ii
the performance of duty as a part-time fire-fighter employed by a fire and rescue authority;
i
the fact that the person was required to deal with some domestic emergency;
j
the fact that the person was engaged during an emergency in duties for the benefit of others;
k
subject to paragraph (2), the time it took, or would normally take, for the person to travel to and from the place mentioned in the warning notice where the action in question was to have been taken by a route and means appropriate to his circumstances and to the action which was to have been taken;
l
the expense which was, or would be, necessarily incurred by the person for the purposes of taking the action in question, together with the cost of travelling to and from the place mentioned in the warning notice where the action in question was to have been taken by a route and means appropriate to his circumstances and to the action which was to have been taken;
m
any difficulty with the person’s normal mode of transport and whether there was any reasonable available alternative;
n
whether the person was attending a medical or dental appointment, or accompanying a person for whom the person has caring responsibilities to such an appointment, and whether it would have been unreasonable, in the circumstances, to rearrange the appointment;
o
whether the person was unable to take the action in question because of his employment responsibilities; and
p
whether the person was searching for or moving to a suitable dwelling to occupy as his home.
2
The time it took, or would normally take, for the person to travel to and from the place mentioned in the warning notice where the action in question was to have been taken may only be taken into account if the time is more than one hour and thirty minutes each way unless, in view of his health or caring responsibilities, that time was or is unreasonable.
3
In this regulation —
a
“caring responsibilities” means responsibility for caring for a child or for an elderly person or for a person whose physical or mental condition requires him to be cared for, who is either in the same household or a close relative;
b
“elderly person” means a person of over pensionable age;
c
“employment responsibilities” means —
i
attending an interview for employment;
ii
carrying out employed earner’s employment; or
iii
carrying out self-employed earner’s employment.
d
“partner” means —
i
where a claimant is a member of a couple, the other member of that couple;
ii
where a claimant is polygamously married to two or more members of his household, any such member.
Circumstances in which a person is to be regarded as having good cause
6
A person is to be regarded as having good cause for failing to take any action specified in a warning notice if the time specified in the warning notice for taking the action is less than one week after the date the warning notice was issued.
Notification by relevant authority where sanction for anti-social behaviour applies
7
1
Except where paragraph (2) applies, regulation 90 of the Housing Benefit Regulations 2006 (notification of decisions) applies to a decision made under section 130B (loss of housing benefit following eviction on certain grounds) as if that decision had been made under those regulations.
2
Where the claimant has attained the qualifying age for state pension credit, regulation 71 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (notification of decisions) applies to decisions made under section 130B as if the decision had been made under those Regulations.
Amendment of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
8
The Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 are to apply subject to the following amendments —
a
in regulation 1 (citation, commencement and interpretation) at the appropriate places insert —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
; and
“the Pilot Scheme Regulations” means the Housing Benefit (Loss of Benefit) (Pilot Scheme) Regulations 2007;
;
b
in regulation 4 (revision of decisions) after paragraph (7F) insert —
7G
Where the court makes a relevant order for possession, as defined in section 130C of the Contributions and Benefits Act (relevant orders for possession) and the order is set aside, a decision in accordance with regulation 7(2)(k) may be revised at any time.
;
c
in regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (j) add —
k
that housing benefit is payable to a claimant where that benefit is reduced under regulation 4 of the Pilot Scheme Regulations (reduction of benefit);
l
made under sub-paragraph (k) and the claimant is a person in hardship under regulation 5 of the Pilot Scheme Regulations (meaning of “person in hardship”);
m
made under sub-paragraph (k) or (l) where section 130B(6) of the Contributions and Benefits Act applies so that the restriction period under that section stops running;
n
made under sub-paragraph (m) where section 130B(6) of that Act applies so that the restriction period starts running again.
;
d
in regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14A) insert —
14B
A decision to which regulation 7(2)(k) applies shall take effect in accordance with regulation 4 of the Pilot Scheme Regulations;
14C
A decision to which regulation 7(2)(l) applies shall take effect on the day the claimant first represented himself to be a person in hardship in accordance with regulation 5 of the Pilot Scheme Regulations.
.
Amendment of the Discretionary Financial Assistance Regulations 2001
9
At the end of regulation 3 of the Discretionary Financial Assistance Regulations 2001 (circumstances in which discretionary housing payments may be made), add —
m
a reduction of housing benefit imposed pursuant to section 130B of the Social Security Contributions and Benefits Act 1992 (loss of housing benefit following eviction on certain grounds).
.
Provision of information by court to Secretary of State
10
1
Where, in respect of a dwelling situated in the area of an authority specified in the Schedule to the Pilot Scheme Regulations, a court —
a
makes a relevant order for possession;
b
suspends or stays the execution of a relevant order for possession or postpones the date for possession;
c
varies the terms of a relevant order for possession; or
d
sets aside a relevant order for possession
the court must notify the Secretary of State in writing within 4 weeks of doing so.
2
When the court notifies the Secretary of State under paragraph (1), it must provide —
a
the name of the court which made the order which is the subject of the notification;
b
the date when the order for possession was made;
c
the date when any stay, suspension, postponement or variation was ordered;
d
the date when the order for possession was set aside;
e
the case or claim number of the order for possession and any subsequent orders to stay, suspend, vary or set it aside;
f
the name of the person against whom the order was made and, if known, the name of any members of that person’s household;
g
the full postal address, including postcode, of the person against whom the order was made; and
h
details of any conditions attached to the order.
3
The Secretary of State may request a court to provide, in relation to a relevant order for possession, any of the information listed in paragraphs (1) and (2).
4
Where the Secretary of State requests information under paragraph (3), the court must send the information to the Secretary of State within the period of 4 weeks beginning on the date when the request for information was issued.
5
In this regulation, “court” means a county court, the High Court, the Court of Appeal and the Judicial Committee of the House of Lords.
Supply of relevant information to Secretary of State for housing benefit purposes
11
1
The relevant local authority, or person authorised to exercise any function of such an authority relating to rehabilitation services, must notify the Secretary of State or any person providing services to him if any of the following occur —
a
the person against whom the relevant order for possession was made leaves the dwelling which is the subject of the order;
b
the former occupier has been awarded housing benefit;
c
the former occupier has been served with a warning notice;
d
the former occupier has failed to comply with that notice;
e
the former occupier’s housing benefit has been reduced under section 130B(4)(a);
f
the restriction period has stopped running or starts running again under section 130B(6).
2
Information supplied under paragraph (1) must be supplied in writing within 4 weeks of the event to which it relates.
Provision of relevant information for purposes relating to housing benefit administration
12
1
The following authorities and persons, namely —
a
a relevant authority;
b
a person authorised to exercise any function of a relevant authority relating to housing benefit;
c
a relevant local authority; or
d
a person authorised to exercise any function of a relevant local authority relating to rehabilitation services
must provide any information specified in paragraph (2) which is held by that authority or person to an authority or person mentioned in sub-paragraphs (a) or (b) if requested in writing by that authority or person.
2
The information that must be provided is information which relates to a person who has been served with a warning notice; and —
a
is information about the relevant order for possession made against that person; or
b
relates to any action in relation to that person that may need to be taken by the authority in connection with sections 130B (loss of benefit following eviction on certain grounds), 130D (loss of housing benefit: supplementary) and 130E (couples).
3
Information received under paragraph (1) may be used only for any purpose relating to the administration of housing benefit.
4
The information must be provided within the period of 4 weeks beginning with the date when the authority or person receives the written request.
5
This regulation does not limit the circumstances in which information may be supplied apart from this regulation.
Provision of relevant information for use in the provision of rehabilitation services
13
1
The following authorities and persons, namely —
a
a relevant authority;
b
a person authorised to exercise any function of a relevant authority relating to housing benefit;
c
a relevant local authority, or
d
a person authorised to exercise any function of a relevant local authority relating to the services mentioned in section 130B(10)
must provide any information specified in paragraph (2) held by that authority or person to an authority or person mentioned in sub-paragraphs (c) or (d) if requested in writing by that authority or person.
2
The information which must be provided is information which —
a
relates to a person who has been served with a warning notice; and
b
is relevant to the provision of rehabilitation services to that person by the authority to whom the information is provided.
3
Information received under paragraph (1) may be used only in the provision of rehabilitation services.
4
The information must be provided within the period of 4 weeks beginning with the date when the authority or person receives the written request.
5
This regulation does not limit the circumstances in which information may be supplied apart from this regulation.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
23rd August 2007


text:
Citation and commencement
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 and shall come into force on 30th September 2007.
Preliminary
2
The Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 (in these Regulations called “the Principal Regulations”) shall be further amended as follows.
Interpretation of the Principal Regulations
3
1
Regulation 2(1) shall be amended as follows.
2
In the definition of “holder” for “institution” there shall be substituted “organisation”.
3
The definitions of “institution” and “institutional badge” shall be omitted.
4
The word “and” immediately following the definition of “issuing authority” shall be omitted.
5
For the definition of “local authority” there shall be substituted —
“local authority” means a county council, district council, the Council of the Isles of Scilly, a London borough council or the Common Council of the City of London;
“organisation” means an organisation concerned with the care of disabled persons to which a disabled person’s badge may be issued in accordance with section 21(4) of the 1970 Act; and
“organisational badge” means a disabled person’s badge issued to an organisation.
Revocation of spent provisions of the Principal Regulations
4
1
Regulation 3 shall be amended as follows.
2
Paragraphs (1) and (2) shall be omitted.
3
The heading accordingly becomes “Transitional provision”.
Descriptions of disabled persons
5
1
Regulation 4 shall be amended as follows.
2
For paragraph (1) there shall be substituted —
1
The prescribed descriptions of disabled person to whom a disabled person’s badge may be issued are —
a
a person who is more than 2 years old and falls within one or more of the descriptions specified in paragraph (2);
b
a person who is not more than 2 years old and falls within either or both of the descriptions specified in paragraph (3).
3
In paragraph (2) —
a
after “descriptions” there shall be inserted “referred to in paragraph (1)(a)”;
b
in subparagraph (b) —
i
the words “uses a motor vehicle supplied by the Department of Social Security or the Scottish Executive or” shall be omitted; and
ii
for “section 5(2)(a) of the National Health Service Act 1977” there shall be substituted “paragraph 10(3) of Schedule 1 to the National Health Service Act 2006”;
c
for subparagraph (e) there shall be substituted —
e
drives a vehicle regularly, has a severe disability in both arms and is unable to operate, or has considerable difficulty in operating, all or some types of parking meter;
.
4
After paragraph (2) there shall be added the following paragraphs —
3
The descriptions referred to in paragraph (1)(b) are —
a
a child who, on account of a condition, must always be accompanied by bulky medical equipment which cannot be carried around with the child without great difficulty;
b
a child who, on account of a condition, must always be kept near a motor vehicle so that, if necessary, treatment for that condition can be given in the vehicle or the child can be taken quickly in the vehicle to a place where such treatment can be given.
4
In this regulation —
a
“bulky medical equipment” includes in particular any of the following —
i
ventilators;
ii
suction machines;
iii
feed pumps;
iv
parenteral equipment;
v
syringe drivers;
vi
oxygen administration equipment;
vii
continual oxygen saturation monitoring equipment; and
viii
casts and associated medical equipment for the correction of hip dysplasia; and
b
“parking meter” has the same meaning as in the Road Traffic Regulation Act 1984 (see sections 46(2)(a) and 142(1)).
Organisational badges
6
For regulation 5 there shall be substituted —
Organisational badges
5
An organisational badge may be issued to an organisation for a motor vehicle which is to be used to carry disabled persons falling within one or more of the descriptions specified in regulation 4(2) or (3).
Period of issue of a badge
7
For regulation 6(2) there shall be substituted —
2
Subject to regulations 7(2) and 9, a disabled person’s badge shall be issued —
a
to a person falling within the description specified in regulation 4(1)(b), for a period ending on the day immediately following that person’s second birthday;
b
to a person falling within the description specified in regulation 4(2)(a) or 4(2)(d), for whichever is the shorter of —
i
the period of 3 years which begins with the date of issue; or
ii
the period which begins with the date of issue and ends on the date on which that person will cease to receive the higher rate of the mobility component of the disability living allowance or the mobility supplement;
c
to a person not falling within subparagraph (a) or (b) for a period of 3 years beginning with the date of issue.
Grounds for refusal to issue a badge
8
In regulation 8(2)(b)(ii) for “institution” in both places occurring there shall be substituted “organisation”.
Return of badge to issuing authority
9
In regulation 9(1) —
a
for “institutional” in both places occurring there shall be substituted “organisational”; and
b
for “institution” in both places occurring there shall be substituted “organisation”.
Form of badge
10
1
In regulation 11(a)(ii) for “institutional” there shall be substituted “organisational”.
2
For Parts I and II of the Schedule to the Principal Regulations there shall be substituted Parts 1 and 2 as shown in the Schedule to these Regulations.
3
In Part III of the Schedule in paragraph (d) —
a
before “square” there shall be inserted “larger”; and
b
after “white” there shall be inserted “, except the smaller square box containing the wheelchair symbol which shall display a hologram which alternates between that symbol and the identifier”.
4
Nothing in this regulation affects the validity of a badge which —
a
was issued before the coming into force of these Regulations; and
b
was in a form which complied with the Principal Regulations at the time of its issue.
Display of an organisational badge
11
1
In regulations 15 and 16 for “institutional” in each place occurring there shall be substituted “organisational”.
2
The heading of regulation 15 accordingly becomes “Display of an organisational badge when a vehicle is being driven” and the heading of regulation 16 becomes “Display of an organisational badge when a vehicle is parked”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department for Transport
30th August 2007


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.4) Regulations 2007 and come into force on 1st July 2007.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In Part 4A (Reverse Charge Sales Statements), after regulation 23C, insert –
Notification of cessation and recommencement of relevant supplies
23D
Where a person —
a
ceases making relevant supplies without intending subsequently to make such supplies, or
b
has fallen within paragraph (a) above but nonetheless starts to make relevant supplies again,
he shall, within 30 days of so ceasing or, as the case may be, of so recommencing, notify the Commissioners of that fact in such form and manner as may be determined in a notice published by them (or otherwise).
.
Mike Hanson
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th June 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Childcare (Provision of Information) (England) Regulations 2007 and come into force on 1st May 2007.
2
In these Regulations —
“ the Act ” means the Childcare Act 2006;
“free nursery provision” means nursery education within the meaning of Part 5 of the School Standards and Framework Act 1998 which is provided free of charge by any person (other than the governing body of a maintained school) under arrangements pursuant to the duty imposed on a local education authority in England by section 118 of that Act (duty of LEA to secure sufficient nursery education) made between the authority and that person in consideration of financial assistance provided by the authority under those arrangements;
“registered person” means a person registered under Chapter 4 (voluntary registration) of Part 3 of the Act;
“relevant premises” means, in relation to a registered person providing childcare, the premises on which the provision of childcare by that person takes place.
Prescribed information
2
1
Subject to paragraph (2), the information set out in the Schedule is prescribed for the purposes of section 12(2) of the Act.
2
Information is not to be treated as prescribed information —
a
where it includes information as to the identity of a parent or relative of any child to whom childcare is being or has been provided, including the address of any such person, (unless the parent or relative in question is the childcare provider) without the consent of the parent or relative identified;
b
to the extent that a registered person has notified the English local authority that he does not wish the information to form part of the service; or
c
where the English local authority are required under any enactment, by any rule of law or by the order of a court not to disclose the information.
Beverley Hughes
Minister of State
Department for Education and Skills
27th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2007 and shall come into force on 26th March 2007.
Amendment to the Income Tax (Construction Industry Scheme) Regulations 2005
2
Amend the Income Tax (Construction Industry Scheme) Regulations 2005 as follows.
3
1
Amend regulation 10 (return and certificate if amount may be unpaid) as follows.
2
In paragraph (1) for “A or B” substitute “A, B or C”.
3
After paragraph (3) insert —
3A
Condition C is that —
a
the contractor has made a return under regulation 4 showing the amount which the contractor is liable to pay under regulation 7 for that tax period, but
b
the contractor has not paid the full amount shown in the return.
.
4
In paragraph (4) at the beginning insert “If condition A or B is met”.
5
In paragraph (5) for “If the notice extends to two” substitute —
If —
a
the notice extends to, or
b
condition C is met in,
two
.
6
In paragraph (6) after “(4)” insert “or if condition C is met”.
4
In regulation 19 (work carried out on land owned by the person to whom payment is made), in paragraph (2)(a) after “Act” insert “applies”.
5
1
Amend regulation 20 (reverse premiums) as follows.
2
In paragraph (1) at the end insert “or section 99 of the Income Tax (Trading and Other Income) Act 2005 (reverse premiums)”.
3
In paragraph (2) for “does” substitute “and section 100(1) of the Income Tax (Trading and Other Income) Act 2005 (excluded cases) do”.
6
In regulation 22 (payments in respect of property used for business), in paragraph (2)(a) after “let” insert “(except where the sale or letting of that property is purely incidental to the business of that person)”.
Paul Gray
Mike Hanson
Two of the Lords Commissioners of Her Majesty’s Revenue and Customs
5th March 2007


text:
Title, application, commencement and cessation
1
These Regulations —
a
may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) Regulations 2007;
b
apply in England;
c
come into force at 6.30 p.m. on 12th October 2007; and
d
cease to have effect on 15th November 2007.
Interpretation
2
1
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 3 ;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom ;
“dispatch” means dispatch from a place within Great Britain to a place outside Great Britain and includes consigning for dispatch;
“export” includes consigning for export;
“inspector” means a person appointed as an inspector for the purposes of the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 , or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
where there is a port health authority, that authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county or district council;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“official veterinarian” means a veterinarian who is qualified in accordance with Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption to act in such a capacity and is appointed by the Food Standards Agency; and
“slaughter”, in relation to an animal, means causing the death of the animal by bleeding.
2
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State or a local authority may approve establishments, slaughterhouses or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.
Importation of live animals
4
No person may import any live animal of the bovine, ovine, caprine or porcine species or any other biungulate into England from another member State.
Dispatch and movement of live animals
5
1
No person may dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from paragraph (1), the Secretary of State may authorise the export of those animals originating outside Great Britain if the animals travelled through Great Britain on main roads and railway lines and the requirements relating to export in paragraph (3) are complied with.
3
No person may export any biungulate animal to another member State unless at least three days before export the Secretary of State has notified that member State; and —
a
in the case of bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words —
Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
; or
b
in the case of any other biungulates, the health certificate accompanying the animals bears the following words —
Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
No person may move any biungulate through Great Britain except on main roads or railway lines.
Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
6
1
No person may export any meat from animals of the bovine, ovine, caprine or porcine species or other biungulate coming from Great Britain or obtained from animals originating in Great Britain.
2
In this regulation, the reference to “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .
3
The prohibition in paragraph (1) does not apply in relation to meat bearing a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption , provided that the meat —
a
is clearly identified, and has been transported and stored since the date of production separately from meat from Great Britain not eligible for export; and
b
complies either with —
i
paragraph (4); or
ii
paragraphs (5) and (6).
4
The meat referred to in paragraph (3)(b)(i) must have been —
a
obtained before 15th July 2007; or
b
derived from animals reared for at least 90 days prior to slaughter outside Great Britain and slaughtered outside Great Britain or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain.
5
The meat referred to in paragraph (3)(b)(ii) must be obtained from domestic bovine, ovine, caprine or porcine animals that —
a
were kept for at least the past 90 days on holdings situated within the areas specified in the Schedule, where there has been no outbreak of foot-and-mouth disease for 90 days;
b
during the 30 days prior to transport to the slaughterhouse, remained under the supervision of the Secretary of State on a single holding —
i
situated in the centre of a circle of at least 10 km radius in which there was no outbreak of foot-and-mouth disease during at least the past 30 days; and
ii
where no animal of a species susceptible to foot-and-mouth disease was introduced during the 21 days prior to loading, except in the case of pigs coming from a holding which also meets the conditions set out in sub-paragraph (a), in which case this period is reduced to 7 days;
c
were transported under control of the Secretary of State in means of transport that were cleaned and disinfected before loading from the holding referred to in sub-paragraph (b) directly to the approved slaughterhouse; and
d
were slaughtered less than 24 hours after arrival at the slaughterhouse separately from animals the meat of which is not eligible for export.
6
The meat referred to in paragraph (3)(b)(ii) must also —
a
be obtained in an approved slaughterhouse situated within the areas specified in the Schedule;
b
be at all times clearly identified, handled, stored and transported separately from meat not eligible for export;
c
be inspected, along with the animal from which it derived, post-mortem by an official veterinarian in the slaughterhouse with no clinical signs or evidence of foot-and-mouth disease identified; and
d
remain in the slaughterhouse for at least 24 hours after that post-mortem inspection.
7
If foot-and-mouth disease is identified in a slaughterhouse within the areas specified in the Schedule, the occupier must ensure that —
a
all animals present are slaughtered;
b
all meat and dead animals are removed;
c
the slaughterhouse is cleansed and disinfected; and
d
no meat is prepared for consigning outside the areas listed in the Schedule for 24 hours following completion of the cleansing and disinfection required by sub-paragraph (c).
8
The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in Great Britain if —
a
only fresh meat as described in paragraph (3) (b) is processed in the cutting plant in any one day;
b
cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (a);
c
all meat bears the health mark in accordance with Chapter III of Section I to Annex I of Regulation (EC) No 854/2004 ;
d
the cutting plant is operated under strict veterinary control; and
e
the fresh meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.
9
Any person consigning an animal to a slaughterhouse to produce meat intended for export in accordance with this regulation must provide a written declaration that it complies with each of the conditions contained in sub-paragraphs (5)(a) to (d) and ensure that such declaration accompanies the consigned animal.
10
Meat exported to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words —
Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
11
Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption , or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products .
12
Fresh meat obtained from animals reared outside Great Britain and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in Great Britain, may be placed on the market in England if —
a
the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC ;
b
the slaughterhouse is operated under strict veterinary control; and
c
the meat is clearly identified, and has been transported and stored separately from meat from Great Britain that is not eligible for export.
Export of meat products
7
1
No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from Great Britain or prepared using meat obtained from such animals originating in Great Britain.
2
The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from Great Britain that are not eligible for export, provided that the meat products —
a
are clearly identified;
b
bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 ; and
c
are made from meats —
i
described in regulation 6(3) (b); or
ii
that have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC .
3
Meat products exported to another member State must be accompanied by an official certificate which bears the following words —
Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14.
5
Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk
8
1
No person may export milk produced or prepared in Great Britain.
2
The prohibition in paragraph (1) does not apply to milk produced from animals kept in Great Britain that has been subjected to at least a treatment in accordance with —
a
Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease , if the milk is intended for human consumption; or
b
Part B of Annex IX to Directive 2003/85/EC , if the milk is not intended for human consumption.
3
The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in Great Britain under the following conditions —
a
all milk used in the establishment has either —
i
been treated in accordance with paragraph (2); or
ii
has been obtained from animals reared and milked outside Great Britain;
b
the establishment must be operated under strict veterinary control;
c
the milk is clearly identified and transported and stored separately from milk and dairy products from Great Britain not eligible for export; and
d
transport of raw milk from holdings situated outside Great Britain to the establishment in Great Britain is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with holdings in Great Britain keeping animals of species susceptible to foot-and-mouth disease.
4
Milk exported to another member State must be accompanied by an official certificate which bears the following words —
Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Export of dairy products
9
1
No person may export dairy products produced or prepared in Great Britain.
2
The prohibition in paragraph (1) does not apply to dairy products —
a
produced before 15th July 2007;
b
prepared from milk complying with the provisions in regulation 8(2) or (3); or
c
for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.
3
The prohibition in paragraph (1) does not apply to dairy products intended for human consumption —
a
that are finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
b
produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds; or
c
produced from raw milk of bovine, ovine or caprine animals (that have been resident for at least 30 days on a holding situated in Great Britain, and within the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk) and which has been subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
4
The prohibition in paragraph (1) does not apply to —
a
dairy products prepared in an approved establishment situated in Great Britain if —
i
all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside Great Britain;
ii
all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside Great Britain;
iii
the establishment is operated under strict veterinary control; and
iv
the dairy products are clearly identified and transported and stored separately from milk and dairy products from Great Britain that are not eligible for export; or
b
dairy products prepared outside Great Britain using milk obtained before 15th July 2007 from Great Britain provided that the milk products are clearly identified and transported and stored separately from dairy products from Great Britain not eligible for export.
5
Dairy products exported to another member State must be accompanied by an official certificate which bears the following words —
Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
6
Paragraph (5) does not apply to milk products that comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
7
Paragraph (5) does not apply to dairy products that conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of semen, ova and embryos
10
1
No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova or embryos produced before 15th July 2007; or
b
frozen bovine or porcine semen or bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ;
ii
Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ; and
iii
Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ,
and which since introduction into the United Kingdom have been stored and transported separately from semen or embryos from Great Britain not eligible for export.
3
The health certificate accompanying frozen bovine semen exported to another member State must bear the following words —
Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
The health certificate accompanying bovine embryos exported to another member State must bear the following words —
Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
The health certificate accompanying porcine semen exported to other member States must bear the following words —
Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
Export of hides and skins
11
1
No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.
2
The prohibition in paragraph (1) does not apply in relation to hides and skins that —
a
were produced before 15th July 2007;
b
conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ; or
c
were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides or skins from Great Britain not eligible for export,
provided that treated hides or skins are separated from untreated hides and skins.
3
Hides or skins exported to another member State must be accompanied by an official certificate which bears the following words: —
Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) does not apply to hides or skins which conform to the requirements of either —
a
points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ; or
b
points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14 4.
Export of animal products
12
1
No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations —
a
produced after 15th July 2007 in Great Britain; or
b
obtained from animals originating from Great Britain.
2
No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from Great Britain.
3
The prohibition in paragraph (1) does not apply in relation to —
a
animal products that —
i
have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;
ii
have been subject to a heat treatment in which the centre temperature is raised to at least 70 o C; or
iii
were produced outside Great Britain in accordance with the conditions laid down in Regulation (EC) No 1774/2002 , and which since introduction into the United Kingdom have been stored and transported separately from animal products from Great Britain not eligible for export;
b
blood or blood products —
i
as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 , followed by an effectiveness check; or
ii
that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 ;
c
lard or rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002 ;
d
animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products , which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
e
sheep wool, ruminant hair or pigs’ bristles, any of which has undergone factory washing or has been obtained from tanning;
f
sheep wool, ruminant hair or pigs’ bristles, any of which has been securely enclosed in packaging and is dry;
g
petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 ;
h
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
i
game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 ;
j
packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or
k
medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use , non-viable medical devices as defined in Article 1(5)(g) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices , veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use .
4
The animal products referred to in paragraph (3) for export to other member States must be accompanied by an official certificate which bears the following words —
Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) does not apply to products specified in paragraph (3)(b), (c) or (d) that are accompanied by a commercial document endorsed in accordance with regulation 14 .
6
Paragraph (4) does not apply to products specified in paragraph (3)(e) or (f) that are accompanied by a commercial document stating —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 .
7
Paragraph (4) does not apply to products specified in paragraph (3)(g) or (h) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) does not apply to products specified in paragraph (3)(j) or (k) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medical products or medical devices, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medical products” or as “medical devices”.
9
Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts if they are accompanied by a commercial document which bears the following words:
These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured
.
Exemptions
13
The prohibitions in regulations 7 , 8 , 9 and 12 do not apply in relation to —
a
products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and
b
products that are —
i
produced in an approved establishment in Great Britain from pre-processed products originating outside Great Britain which, since introduction into the United Kingdom have been transported, stored and processed separately from products from Great Britain not eligible for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that —
a
the products concerned have been produced —
i
in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or
ii
from pre-processed materials that have been certified accordingly; and
b
provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.
2
The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that —
a
confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Personal exports
15
No person travelling out of England may take with them in their personal luggage or on any other non-commercial basis any product to which these Regulations apply.
Offers to dispatch or export
16
No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
17
1
An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;
b
search any premises;
c
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and
e
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of officers of Revenue and Customs
18
An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of products
19
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the export shall, if he attends before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
20
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
21
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 have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
22
A person contravening any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Authorisations, certificates, etc. issued in another part of the United Kingdom
23
1
Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.
2
Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the United Kingdom shall be treated as if it had been processed in approved premises in England.
Sharing information
24
1
The Secretary of State, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.
2
Paragraph (1) is without prejudice to any other power of the Secretary of State, the Commissioners or any local authority to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if —
a
the information relates to a person whose identity —
i
is specified in the disclosure; or
ii
can be deduced from the disclosure;
b
the disclosure is for a purpose other than the purposes of these Regulations; and
c
the Commissioners have not given their prior consent to the disclosure.
Enforcement
25
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
26
The Import and Export Restrictions (Foot-And-Mouth Disease) (No.3) Regulations 2007 are revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
5.15 p.m. on 12th October 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Terrorism Act 2000 and Proceeds of Crime Act 2002 (Amendment) Regulations 2007.
2
They come into force on 26th December 2007.
Amendments of the Terrorism Act 2000
2
Schedule 1 contains amendments of the Terrorism Act 2000 .
Amendments of the Proceeds of Crime Act 2002
3
Schedule 2 contains amendments of the Proceeds of Crime Act 2002 .
Tony McNulty
Minister of State
Home Office
3rd December 2007


text:
1
These Rules may be cited as the Proscribed Organisations Appeal Commission (Procedure) (Amendment) Rules 2007 and come into force on 1st December 2007.
2
In rule 30 of the Proscribed Organisations Appeal Commission (Procedure) Rules 2007 —
a
for paragraphs (2) and (3) substitute —
2
Subject to paragraph (4), the applicant must file any application for permission to appeal with the Commission no later than 10 days after the day on which the applicant received the determination containing the decision under rule 28(3).
;
b
in paragraph (4), for “the relevant period in paragraph (2) or (3)” substitute “the period in paragraph (2)”.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
29th November 2007


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Amended Cotonou Agreement) (Community Aid Internal Agreement) Order 2007.
2
This Order shall come into force on the date upon which the treaty specified in the Schedule to this Order enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Waverley) Order 2007 and shall come into force on 2nd April 2007.
Interpretation
2
In this Order —
a
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
b
“the 1991 Act ” means the Road Traffic Act 1991; and
c
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Waverley except —
a
the entire length of the A3 within the Borough, including its on and off slip roads;
b
the entire length of the A31 within the Borough, including its on and off slip roads; and
c
all roads over land owned by the Ministry of Defence over which there is no public right of way.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State
Department for Transport
1st March 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.16) Order 2007.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Commencement
2
Subject to article 3, section 29(1) to (3), (5) and (6) (new method of instituting proceedings) and section 30 (further provision about the new method) of the 2003 Act shall come into force on 25th July 2007.
3
The coming into force of the provisions specified in article 2 shall have effect only for the purposes of —
a
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(a) of the 2003 Act (a police force, or a person authorised by a police force to institute criminal proceedings), in a magistrates’ court sitting in one of the following locations:
i
Barking Magistrates’ Court;
ii
Bexley Magistrates’ Court;
iii
Brentford Magistrates’ Court;
iv
Bromley Magistrates’ Court;
v
Coalville Magistrates’ Court;
vi
Croydon Magistrates’ Court;
vii
Harrow Magistrates’ Court;
viii
Hendon Magistrates’ Court;
ix
Knowsley Magistrates’ Court;
x
Loughborough Magistrates’ Court;
xi
Melton Magistrates’ Court;
xii
Oakham Magistrates’ Court;
xiii
Redbridge Magistrates’ Court;
xiv
Richmond Magistrates’ Court;
xv
St Helens Magistrates’ Court;
xvi
Waltham Forest Magistrates’ Court;
xvii
City of Westminster Magistrates’ Court; and
xviii
Wimbledon Magistrates’ Court; and
b
criminal proceedings instituted by a public prosecutor within the meaning of section 29(5)(e) of the 2003 Act (a person authorised by a Secretary of State to institute criminal proceedings), who is authorised for the purposes of section 49 of the Vehicle Excise and Registration Act 1994 (authorised persons), in a magistrates’ court sitting in Portsmouth Magistrates’ Court.
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
7th July 2007


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) (No.2) Order 2007 and shall come into force on 5th April 2007.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where a vessel lies, or may lie, wrecked on the sea bed in position Latitude 49°56.445 North, Longitude 06°16.381 West .
2
The area within a distance of 75 metres of Latitude 49°56.445 North, Longitude 06°16.381 West, but excluding any part of that area which lies above the high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
David Lammy
Minister for Culture
Department for Culture, Media and Sport
7th March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Secretaries of State for Children, Schools and Families, for Innovation, Universities and Skills and for Business, Enterprise and Regulatory Reform Order 2007.
2
This Order comes into force on 12th December 2007.
Interpretation
2
1
In this Order “instrument” includes, in particular, Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, licences, authorisations, consents, approvals, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents.
2
In this Order a reference to a function of a Minister is to be read, in the case of a function which is exercisable by the Minister jointly with another person or is otherwise shared by the Minister, as a reference to the Minister’s share of that function.
Incorporation of the Secretary of State for Children, Schools and Families
3
1
The person who at the coming into force of this Order is the Secretary of State for Children, Schools and Families and any successor to that person is by that name a corporation sole.
2
The corporate seal of the Secretary of State for Children, Schools and Families —
a
is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
b
is to be officially and judicially noticed.
3
Every document purporting to be an instrument made or issued by the Secretary of State for Children, Schools and Families and to be —
a
sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
b
signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
4
A certificate signed by the Secretary of State for Children, Schools and Families that an instrument purporting to be made or issued by —
a
the Secretary of State for Children, Schools and Families, or
b
the Secretary of State for Education and Skills,
was so made or issued is conclusive evidence of that fact.
5
The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Children, Schools and Families —
a
as if references to regulations and orders included references to any document, and
b
as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Incorporation of the Secretary of State for Innovation, Universities and Skills
4
1
The person who at the coming into force of this Order is the Secretary of State for Innovation, Universities and Skills and any successor to that person is by that name a corporation sole.
2
The corporate seal of the Secretary of State for Innovation, Universities and Skills —
a
is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
b
is to be officially and judicially noticed.
3
Every document purporting to be an instrument made or issued by the Secretary of State for Innovation, Universities and Skills and to be —
a
sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
b
signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
4
A certificate signed by the Secretary of State for Innovation, Universities and Skills that an instrument purporting to be made or issued by —
a
the Secretary of State for Innovation, Universities and Skills,
b
the Secretary of State for Education and Skills, or
c
the Secretary of State for Trade and Industry,
was so made or issued is conclusive evidence of that fact.
5
The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Innovation, Universities and Skills —
a
as if references to regulations and orders included references to any document, and
b
as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Incorporation of the Secretary of State for Business, Enterprise and Regulatory Reform
5
1
The person who at the coming into force of this Order is the Secretary of State for Business, Enterprise and Regulatory Reform and any successor to that person is by that name a corporation sole.
2
The corporate seal of the Secretary of State for Business, Enterprise and Regulatory Reform —
a
is to be authenticated by the signature of a Secretary of State or a person authorised by a Secretary of State to act in that behalf, and
b
is to be officially and judicially noticed.
3
Every document purporting to be an instrument made or issued by the Secretary of State for Business, Enterprise and Regulatory Reform and to be —
a
sealed with the corporate seal of that Secretary of State authenticated in the manner provided for by paragraph (2), or
b
signed or executed by a person authorised by a Secretary of State to act in that behalf,
is to be received in evidence and to be deemed to be so made or issued without further proof, unless the contrary is shown.
4
A certificate signed by the Secretary of State for Business, Enterprise and Regulatory Reform that an instrument purporting to be made or issued by —
a
the Secretary of State for Business, Enterprise and Regulatory Reform, or
b
the Secretary of State for Trade and Industry,
was so made or issued is conclusive evidence of that fact.
5
The Documentary Evidence Act 1868 applies in relation to the Secretary of State for Business, Enterprise and Regulatory Reform —
a
as if references to regulations and orders included references to any document, and
b
as if the officers mentioned in column 2 of the Schedule included any officer authorised to act on behalf of the Secretary of State.
Transfer of functions from the Secretary of State for Education and Skills to the Secretary of State for Children, Schools and Families
6
The functions of the Secretary of State for Education and Skills (except so far as transferred by article 8(2)(a)) are transferred to the Secretary of State for Children, Schools and Families.
Other supplemental provision in relation to the Secretary of State for Children, Schools and Families
7
1
For the purposes of this article a function is a relevant function so far as —
a
it is transferred by article 6, or
b
it is within paragraph (2).
2
A function is within this paragraph if —
a
immediately before 28th June 2007 it was entrusted to the Secretary of State for Education and Skills, and
b
before the making of this Order it has been entrusted to the Secretary of State for Children, Schools and Families.
3
There are transferred to the Secretary of State for Children, Schools and Families all property, rights and liabilities to which the Secretary of State for Education and Skills is entitled or subject at the coming into force of this Order in connection with any relevant function.
4
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Education and Skills may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Children, Schools and Families.
5
Anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Children, Schools and Families.
6
Documents or forms printed for use in connection with a relevant function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Education and Skills; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Children, Schools and Families.
7
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of —
a
the transfer or entrusting to the Secretary of State for Children, Schools and Families of any relevant function, or
b
the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Education and Skills were or included references to the Secretary of State for Children, Schools and Families.
8
In paragraphs (4) to (7) references to the Secretary of State for Education and Skills include references to the department or an officer of the Secretary of State for Education and Skills; and references to the Secretary of State for Children, Schools and Families are to be read accordingly.
Other supplemental provision in relation to the Secretary of State for Innovation, Universities and Skills: education and skills
8
1
For the purposes of this article a function is a relevant function so far as —
a
immediately before 28th June 2007 it was entrusted to the Secretary of State for Education and Skills, and
b
before the making of this Order it has been entrusted to the Secretary of State for Innovation, Universities and Skills.
2
There are transferred to the Secretary of State for Innovation, Universities and Skills —
a
any function of the Secretary of State for Education and Skills so far as it relates to a relevant function, and
b
all property, rights and liabilities to which the Secretary of State for Education and Skills is entitled or subject at the coming into force of this Order in connection with any relevant function or a function so far as transferred by sub-paragraph (a).
3
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Education and Skills may, so far as it relates to a relevant function or anything transferred by paragraph (2), be continued by or in relation to the Secretary of State for Innovation, Universities and Skills.
4
Anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills in connection with a relevant function or anything transferred by paragraph (2) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Innovation, Universities and Skills.
5
Documents or forms printed for use in connection with a relevant function or a function so far as transferred by paragraph (2)(a) may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Education and Skills; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Innovation, Universities and Skills.
6
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of —
a
the entrusting to the Secretary of State for Innovation, Universities and Skills of any relevant function, or
b
the transfer of anything by paragraph (2),
as if references to (and references which are to be read as references to) the Secretary of State for Education and Skills were or included references to the Secretary of State for Innovation, Universities and Skills.
7
In paragraphs (3) to (6) references to the Secretary of State for Education and Skills include references to the department or an officer of the Secretary of State for Education and Skills; and references to the Secretary of State for Innovation, Universities and Skills are to be read accordingly.
Transfer of functions from the Secretary of State for Trade and Industry to the Secretary of State for Innovation, Universities and Skills
9
The following functions of the Secretary of State for Trade and Industry are transferred to the Secretary of State for Innovation, Universities and Skills —
a
functions resulting from the Royal Charter (including any Supplemental Charter) of any of the following —
i
the Biotechnology and Biological Sciences Research Council,
ii
the Economic and Social Research Council,
iii
the Engineering and Physical Sciences Research Council,
iv
the Medical Research Council,
v
the Natural Environment Research Council,
vi
the Council for the Central Laboratory of the Research Councils,
vii
the Arts and Humanities Research Council,
viii
the Science and Technology Facilities Council, and
ix
the Technology Strategy Board, and
b
functions resulting from the Patent Office Trading Fund Order 1991 .
Other supplemental provision in relation to the Secretary of State for Innovation, Universities and Skills: trade and industry
10
1
For the purposes of this article a function is a relevant function so far as —
a
it is transferred by article 9, or
b
it is within paragraph (2).
2
A function is within this paragraph if —
a
immediately before 28th June 2007 it was entrusted to the Secretary of State for Trade and Industry, and
b
before the making of this Order it has been entrusted to the Secretary of State for Innovation, Universities and Skills.
3
There are transferred to the Secretary of State for Innovation, Universities and Skills —
a
any function of the Secretary of State for Trade and Industry so far as it relates to a function within paragraph (2) (and is not transferred by article 9), and
b
all property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject at the coming into force of this Order in connection with any relevant function or a function so far as transferred by sub-paragraph (a).
4
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Trade and Industry may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Innovation, Universities and Skills.
5
Anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Innovation, Universities and Skills.
6
Documents or forms printed for use in connection with a relevant function or a function so far as transferred by paragraph (3)(a) may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Trade and Industry; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Innovation, Universities and Skills.
7
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of —
a
the transfer or entrusting to the Secretary of State for Innovation, Universities and Skills of any relevant function, or
b
the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Trade and Industry were or included references to the Secretary of State for Innovation, Universities and Skills.
8
In paragraphs (4) to (7) references to the Secretary of State for Trade and Industry include references to the department or an officer of the Secretary of State for Trade and Industry; and references to the Secretary of State for Innovation, Universities and Skills are to be read accordingly.
Transfer of functions from the Secretary of State for Trade and Industry to the Secretary of State for Business, Enterprise and Regulatory Reform
11
The functions of the Secretary of State for Trade and Industry (except so far as transferred by article 9, 10(3)(a) or 14) are transferred to the Secretary of State for Business, Enterprise and Regulatory Reform.
Other supplemental provision in relation to the Secretary of State for Business, Enterprise and Regulatory Reform
12
1
For the purposes of this article a function is a relevant function so far as —
a
it is transferred by article 11, or
b
it is within paragraph (2).
2
A function is within this paragraph if —
a
immediately before 28th June 2007 it was entrusted to the Secretary of State for Trade and Industry, and
b
before the making of this Order it has been entrusted to the Secretary of State for Business, Enterprise and Regulatory Reform.
3
There are transferred to the Secretary of State for Business, Enterprise and Regulatory Reform all property, rights and liabilities to which the Secretary of State for Trade and Industry is entitled or subject at the coming into force of this Order in connection with any relevant function.
4
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Secretary of State for Trade and Industry may, so far as it relates to a relevant function or anything transferred by paragraph (3), be continued by or in relation to the Secretary of State for Business, Enterprise and Regulatory Reform.
5
Anything done (or having effect as if done) by or in relation to the Secretary of State for Trade and Industry in connection with a relevant function or anything transferred by paragraph (3) has effect, so far as necessary for continuing its effect after the coming into force of this Order, as if done by or in relation to the Secretary of State for Business, Enterprise and Regulatory Reform.
6
Documents or forms printed for use in connection with a relevant function may be used in connection with that function even though they contain, or are to be read as containing, references to the Secretary of State for Trade and Industry; and for the purposes of the use of any such documents or forms after the coming into force of this Order, those references are to be read as references to the Secretary of State for Business, Enterprise and Regulatory Reform.
7
Any enactment or instrument passed or made before the coming into force of this Order has effect, so far as is necessary for the purposes of or in consequence of —
a
the transfer or entrusting to the Secretary of State for Business, Enterprise and Regulatory Reform of any relevant function, or
b
the transfer of anything by paragraph (3),
as if references to (and references which are to be read as references to) the Secretary of State for Trade and Industry were or included references to the Secretary of State for Business, Enterprise and Regulatory Reform.
8
In paragraphs (4) to (7) references to the Secretary of State for Trade and Industry include references to the department or an officer of the Secretary of State for Trade and Industry; and references to the Secretary of State for Business, Enterprise and Regulatory Reform are to be read accordingly.
Supplemental: validity of things done before coming into force of Order by or in relation to the Secretary of State for Education and Skills or the Secretary of State for Trade and Industry
13
1
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State for Education and Skills or the Secretary of State for Trade and Industry before the coming into force of this Order.
2
In paragraph (1) a reference to a Secretary of State includes a reference to the department or an officer of that Secretary of State.
Transfer of function under section 3 of the Fairs Act 1871
14
The function of making an order under section 3 of the Fairs Act 1871 is transferred to the Secretary of State; and that section and section 4 of that Act are to be read accordingly.
Consequential amendments
15
The primary and secondary legislation referred to in the headings in Parts 1 and 2 of the Schedule is amended as set out under the headings.
Judith Simpson
Clerk of the Privy Council