text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 and shall come into force on 1st December 2007.
Interpretation
2
1
In this Order —
“ the Act ” means the Police and Criminal Evidence Act 1984;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“the customs and excise Acts” has the meaning given to it by section 1 of the Customs and Excise Management Act 1979 ;
“former Inland Revenue matter” means a matter specified in section 54(4) (b) or (f) of, or in paragraphs 3, 7, 10, 13 to 15, 19 or 24 to 29 of Schedule 1 to, the Commissioners for Revenue and Customs Act 2005 ;
“office of Revenue and Customs” means premises wholly or partly occupied by Her Majesty’s Revenue and Customs;
“relevant indictable offence” means an indictable offence which relates to a matter in relation to which Her Majesty’s Revenue and Customs have functions apart from a former Inland Revenue matter;
“relevant investigation” means a criminal investigation conducted by officers of Revenue and Customs which relates to a matter in relation to which Her Majesty’s Revenue and Customs have functions apart from a former Inland Revenue matter.
2
A person is in Revenue and Customs detention for the purpose of this Order if —
a
he has been taken to an office of Revenue and Customs after being arrested for an offence; or
b
he is arrested at an office of Revenue and Customs after attending voluntarily at the office or accompanying an officer of Revenue and Customs to it,
and is detained there or detained elsewhere in the charge of an officer of Revenue and Customs, and nothing shall prevent a detained person from being transferred between Revenue and Customs detention and police detention.
Application
3
1
The provisions of the Act contained in Schedule 1 to this Order which relate to investigations of offences conducted by police officers or to persons detained by the police shall apply to relevant investigations conducted by officers of Revenue and Customs and to persons detained by such officers.
This is subject to the modifications in paragraphs (2) and (3) and articles 4 to 19 and Schedule 2.
2
The Act shall have effect as if the words and phrases in Column 1 of Part 1 of Schedule 2 to this Order were replaced by the substitute words and phrases in Column 2 of that Part.
3
Where in the Act any act or thing is to be done by a constable of a specified rank, that act or thing shall be done by an officer of Revenue and Customs of at least the grade specified in Column 2 of Part 2 of Schedule 2 to this Order, and the Act shall be construed accordingly.
Exceptions
4
Nothing in the application of the Act to Revenue and Customs confers on an officer of Revenue and Customs any power —
a
to charge a person with any offence;
b
to release a person on bail; or
c
to detain a person for an offence after he has been charged with that offence.
Seizure and retention of things found upon search
5
1
Where in the Act a constable is given power to seize and retain any thing found upon a lawful search of person or premises, an officer of Revenue and Customs shall have the same power notwithstanding that the thing found is not evidence of an offence which relates to a matter in relation to which Her Majesty’s Revenue and Customs have functions.
2
Nothing in the application of the Act to Revenue and Customs prevents any thing lawfully seized by a person under any enactment from being accepted and retained by an officer of Revenue and Customs.
3
Section 21 of the Act (access and copying) shall not apply to any thing seized as liable to forfeiture under the customs and excise Acts.
Excluded and special procedure material
6
In its application by virtue of article 3 above the Act shall have effect as if the following section were inserted after section 14 —
Exception for Revenue and Customs
14A
Material in the possession of a person who acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office and which relates to a matter in relation to which Her Majesty’s Revenue and Customs have functions, is neither excluded material nor special procedure material for the purposes of any enactment such as is mentioned in section 9(2) above.
.
Restriction on other powers to apply for production of documents
7
In its application by virtue of article 3 above the Act shall have effect as if the following section were inserted after section 14A —
Revenue and Customs: restriction on other powers to apply for production of documents
14B
1
An officer of Revenue and Customs may make an application for the delivery of, or access to, documents under a provision specified in subsection (3) only if the condition in subsection (2) is satisfied.
2
The condition is that the officer thinks that an application under Schedule 1 would not succeed because the material required does not consist of or include special procedure material.
3
The provisions are —
a
section 20BA and Schedule 1AA of the Taxes Management Act 1970 (serious tax fraud) ;
b
paragraph 11 of Schedule 11 to the Value Added Tax Act 1994 ( VAT ) ;
c
paragraph 4A of Schedule 7 to the Finance Act 1994 (insurance premium tax) ;
d
paragraph 7 of Schedule 5 to the Finance Act 1996 (landfill tax) ;
e
paragraph 131 of Schedule 6 to the Finance Act 2000 (climate change levy) ;
f
paragraph 8 of Schedule 7 to the Finance Act 2001 (aggregates levy) ;
g
Part 6 of Schedule 13 to the Finance Act 2003 (stamp duty land tax) .
.
Modification of section 18 of the Act (Entry and search after arrest)
8
1
Section 18 of the Act (entry and search after arrest) is modified as follows.
2
For subsection 18 (1) substitute —
1
Subject to the following provisions of this section, an officer of Revenue and Customs may enter and search any premises occupied or controlled by a person who is under arrest for any relevant indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates —
a
to that offence; or
b
to some other indictable offence which is connected with or similar to that offence .
.
Modification of section 35 of the Act (Designated police stations)
9
1
Section 35 of the Act (designated police stations) is modified as follows.
2
For subsection 35(1) substitute —
1
The Director of Detection shall designate offices of Revenue and Customs which, subject to sections 30(3) and (5), are to be the offices to be used for the purposes of detaining arrested persons.
3
For subsection 35(2) substitute —
2
The Director of Detection’s duty under subsection (1) above is to designate offices of Revenue and Customs appearing to him to provide enough accommodation for that purpose.
.
4
For subsection 35(3) substitute —
3
Without prejudice to section 12 of the Interpretation Act 1978 (continuity of duties) the Director of Detection —
a
may designate an office which was not previously designated; and
b
may direct that a designation of an office previously made shall cease to operate.
.
Modification of section 36 of the Act (Custody officers at police stations)
10
1
Section 36 of the Act (custody officers at police stations) is modified as follows.
2
For subsection (2) substitute —
2
A custody officer for an office of Revenue and Customs designated under section 35(1) above shall be appointed —
a
by the Director of Detection; or
b
by such other officer of Revenue and Customs as the Director of Detection may direct.
.
Modification of section 41 of the Act (Limits on period of detention without charge)
11
1
Section 41 of the Act (limits on period of detention without charge) is modified as follows.
2
For subsection (2)(b) substitute —
b
in the case of a person arrested outside England and Wales, shall be —
i
the time at which that person arrives at the office of Revenue and Customs in England and Wales in which the offence for which he was arrested is being investigated; or
ii
the time 24 hours after the time of that person’s entry into England and Wales .
.
Modification of section 50 of the Act (Records of detention)
12
1
Section 50 of the Act (records of detention) is modified as follows.
2
For subsection (1) substitute —
1
The Commissioners shall keep written records showing on an annual basis —
a
the number of persons kept in Revenue and Customs detention for more than 24 hours and subsequently released without charge;
b
the number of applications for warrants of further detention and the results of the applications; and
c
in relation to each warrant of further detention —
i
the period of further detention authorised by it;
ii
the period which the person named in it spent in Revenue and Customs detention on its authority; and
iii
whether he was charged or released without charge.
3
For subsection (2) substitute —
2
Every annual report made by the Commissioners shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.
.
Modification of section 55 of the Act (Intimate searches)
13
1
Section 55 of the Act (intimate searches) shall have effect as if it related only to things such as are mentioned in subsection (1)(a) of that section.
2
The annual report of the Commissioners shall contain information about searches under section 55 which have been carried out during the period to which the report relates.
Modification of section 64 of the Act (Destruction of fingerprints and samples)
14
1
Section 64 of the Act (destruction of fingerprints and samples) is modified as follows.
2
For subsection (5)(b) substitute —
b
the Director of Risk and Intelligence shall make access to the data impossible, as soon as it is practicable to do so.
.
3
For subsection (6A) substitute —
6A
If —
a
subsection (5)(b) above falls to be complied with; and
b
the person to whose fingerprints or impressions of footwear the data relates asks for a certificate that it has been complied with,
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the Director of Risk and Intelligence or a person authorised by him or on his behalf for the purposes of this section.
Modification of section 77 of the Act (Definition of independent person)
15
Section 77(3) of the Act (definition of independent person) shall be modified to the extent that the definition of “independent person” shall, in addition to the persons mentioned therein, also include an officer of Revenue and Customs or any other person acting under the authority of the Commissioners.
Use of reasonable force
16
Where any provision of the Act as applied to Revenue and Customs —
a
confers a power on an officer of Revenue and Customs, and
b
does not provide that the power may only be exercised with the consent of some person other than that officer,
the officer may use reasonable force, if necessary, in the exercise of the power.
Arrest without warrant
17
Section 24(2) of the Act (arrest without warrant) does not limit —
a
section 138(1) of the Customs and Excise Management Act 1979;
b
section 20 and paragraph 4 of Schedule 3 to the Criminal Justice (International Co-operation) Act 1990;
c
any other enactment, including any enactment contained in subordinate legislation, for the time being in force which confers upon officers of Revenue and Customs the power to arrest or detain persons.
Search of persons
18
Where an officer of Revenue and Customs searches premises in reliance on a warrant under section 8 of, or paragraph 12 of Schedule 1 to, the Act (power of justice of the peace to authorise entry and search of premises) , he may search any person found on the premises —
a
where he has reasonable cause to believe that person to be in possession of material which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence;
b
but no person should be searched except by a person of the same sex.
Authorisation
19
Powers and functions in the provisions of the Act contained in Schedule 1 to this Order may be exercised only by officers of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners.
Revocation
20
The following instruments are revoked —
a
the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1985 ;
b
the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) Order 1987 ;
c
the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1995 ; and
d
the Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1996 .
Dave Watts
Steve McCabe
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th November 2007


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007, apply in relation to England only and come into force on 7th August 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” does not include —
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); or
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change;
“port health authority” means —
in relation to the London port health district, the Common Council of the City of London, and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 , a port health authority for that district constituted by order under section 2(4) of that Act;
“the EC Regulation” means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods .
2
Expressions used in these Regulations and in the EC Regulation have the same meaning in these Regulations as they do in that Regulation.
3
Any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the EC Regulation.
Enforcement
3
Each port health authority within its district and each food authority within its area shall execute and enforce the provisions of these Regulations and of the EC Regulation.
Offences and penalties
4
1
Subject to the transitional measures contained in Article 18 (relating to foods placed on the market before 1 July 2007), any person who contravenes or fails to comply with the provisions of the EC Regulation specified in paragraph (2) is guilty of an offence and liable —
a
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.
2
The specified provisions referred to in paragraph (1) are —
a
Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules);
b
Article 4 (prohibition on addition of vitamins and minerals to certain foods);
c
Article 5(2) (requirement to observe purity criteria);
d
Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined); and
e
Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).
Application of various provisions of the Act
5
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to the fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 34 (time limit for prosecution);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish partnerships); and
j
section 44 (protection of officers acting in good faith).
Obstruction of officers and provision of information etc
6
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him;
is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.
2
Any person who, in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly provides information that is materially false or misleading in any material particular, is guilty of an offence and liable —
a
on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine or both;
b
on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum or both.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State
Department of Health
7th June 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Smoke-free (Signs) Regulations 2007 and shall come into force on 1st July 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“A5 size” means an area of any shape which is equal in area to the size A5 in the A series of paper sizes defined in BS EN ISO 216: 2001 ;
“ the Act ” means the Health Act 2006;
“entrance” means an entrance for use by persons;
“no-smoking symbol” means a symbol which consists solely of a graphic representation of a single burning cigarette enclosed in a red circle of at least 70 millimetres in diameter with a red bar across it;
“smoke-free premises” means all public places and workplaces which are smoke-free by virtue of section 2 or 4 of the Act, other than those that are exempt by virtue of regulations made under section 3 of the Act; and
“smoke-free vehicle” means a vehicle which is smoke-free by virtue of section 5 of the Act.
No-smoking signs in premises
2
1
Except where paragraphs (3) and (4) apply, at each entrance to smoke-free premises there shall be displayed in a prominent position at least one no-smoking sign which —
a
is at least A5 size;
b
displays the no-smoking symbol; and
c
contains, in characters that can be easily read by persons using the entrance, the words —
No smoking. It is against the law to smoke in these premises
.
2
For the words required by sub-paragraph (c) of paragraph (1) there may be substituted words which differ only in that for “these premises” there are substituted words which refer to the particular smoke-free premises in which a sign is displayed (such as “this hotel”).
3
This paragraph applies to an entrance which is —
a
an entrance to smoke-free premises from other smoke-free premises; or
b
an entrance solely for persons to their place of work where that place is in premises which have another entrance at which there is displayed in a prominent position a sign which complies with paragraphs (1) and (2).
4
Where paragraph (3) applies, a no-smoking sign which displays only the no-smoking symbol may be displayed in a prominent position at the entrance instead of a no-smoking sign which complies with paragraphs (1) and (2).
No-smoking signs in vehicles
3
1
Any person with management responsibilities for a smoke-free vehicle shall be under a duty corresponding to that in section 6(1) of the Act to ensure that at least one no-smoking sign is displayed in a prominent position in each compartment of his vehicle.
2
In paragraph (1) —
“compartment” includes each part of a vehicle which —
is constructed or adapted to accommodate persons; and
is, or may from time to time be, wholly or partly covered by a roof;
“no-smoking sign” means a sign which displays the no-smoking symbol; and
“roof” includes any fixed or moveable structure or device which is capable of covering all or part of a compartment, including any canvas, fabric or other covering, but where a vehicle is engaged in conveying persons, it does not include any fixed or moveable structure or device which is completely stowed away so that it does not cover all or any part of a compartment.
Signed by authority of the Secretary of State
Caroline Flint
Minister of State for Public Health
Department of Health
19th March 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Firearms (Sentencing) (Transitory Provisions) Order 2007 and shall come into force on 28th May 2007.
2
This Order shall not apply in relation to offences committed before that date.
Modifications for sentencing of offenders aged at least 18 but under 21
2
In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life, etc. ), section 51A(4)(a) of the Firearms Act 1968 has effect as if —
a
in sub-paragraph (a)(i) the reference to an offender aged 18 or over when convicted were a reference to an offender aged 21 or over when convicted; and
b
after that sub-paragraph there were inserted —
ia
in the case of an offender who is aged at least 18 but under 21 at that time, a sentence of detention under section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 ; and
Tony McNulty
Minister of State
Home Office
25th April 2007


text:
Citation, commencement, application and extent
1
1
These Regulations may be cited as the Waste and Air Pollution (Miscellaneous Amendments) Regulations 2007 and come into force on 1st February 2008.
2
Regulations 2 and 3 apply in England.
3
Regulation 4 extends to the United Kingdom.
Amendment of the Waste Management Licensing Regulations 1994
2
1
The Waste Management Licensing Regulations 1994 are amended as follows.
2
In paragraph 5 of Schedule 1, for sub-paragraph (d) to the end of paragraph 5, substitute —
d
every record made relating to the site pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980, regulation 16 of the 1996 Regulations, or regulation 47 of the Hazardous Waste (England and Wales) Regulations 2005;
and any estimate under paragraph 4 of the total quantities of the different types of waste dealt with at the site shall, in particular, differentiate between biodegradable waste, non-biodegradable waste and hazardous waste
.
Amendment of the Hazardous Waste (England and Wales) Regulations 2005
3
1
The Hazardous Waste (England and Wales) Regulations 2005 are amended as follows.
2
For regulation 65, substitute —
Offences
65
It is an offence for a person to fail to comply with any requirement imposed on them by or under any of the following provisions of these Regulations —
a
Part 4;
b
regulation 21 or 22;
c
regulations 34 to 44;
d
regulation 46 and Schedule 7;
e
Part 7 (except regulation 52);
f
regulation 62.
.
3
In paragraph 7(3) of Schedule 7, for “regulation 39” substitute “regulation 38”.
4
Omit paragraph 16 of Schedule 11.
Amendment of the Large Combustion Plants (National Emission Reduction Plan) Regulations 2007
4
1
The Large Combustion Plants (National Emission Reduction Plan) Regulations 2007 are amended as follows.
2
In regulations 4(2)(b) and 5(2)(b), for “the National Assembly for Wales”, substitute “the Welsh Ministers”.
3
In regulations 4(2)(c) and 5(2)(c), for “Department of the Environment Northern Ireland” substitute “Department of the Environment”.
4
At the end of regulation 5(7), add “in the United Kingdom”.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
6th December 2007


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) (Amendment) Regulations 2007 and shall come into force on 7th January 2008.
Amendment of the Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) Regulations 2006
2
In regulation 4 of the Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) Regulations 2006 (circumstances in which the Regulations apply) —
a
for “paragraphs (c) and (e)” substitute “paragraphs (a) and (c)”;
b
in sub-paragraph (b), for “three months” substitute “twelve months”.
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
14th December 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of West Sussex) (Borough of Worthing) Order 2007 and shall come into force on 10 September 2007.
Interpretation
2
In this Order —
1
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
2
“the 1991 Act ” means the Road Traffic Act 1991; and
3
“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
1
This Order applies to the whole of the Borough of Worthing except —
a
the length of the A27 Arundel Road from the western borough boundary to the western kerb line of its junction with Holyacres, not including any on and off slip roads; and
b
the length of the A27 Sompting Bypass from the eastern borough boundary to the eastern kerb line of its junction with Upper Brighton Road (C612), not including the on and off slip roads.
2
For the purposes of this article “kerb line” means, in relation to a junction between a road and the A27, an imaginary straight line stretching from one of the kerbs of that road immediately prior to its widening for the junction to the opposite side of the A27.
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
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
7th August 2007


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2007 and shall come into force on 14th November 2007.
Amendment of the Channel Tunnel (Miscellaneous Provisions) Order 1994
2
1
The Channel Tunnel (Miscellaneous Provisions) Order 1994 is amended as follows.
2
In article 3 (application of tripartite articles) at the beginning of paragraphs (2) and (3) insert “Subject to paragraph (4),” and after paragraph (3) insert —
4
Nothing in this article implies the existence of a control zone in the station of London-Waterloo on British Territory.
.
3
In article 4 (application of enactments) after paragraph (1) insert —
1A
The Race Relations Act 1976 shall apply to the carrying out by immigration officers of their functions in a control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.
4
Article 7 (enactments modified) becomes paragraph (1) of article 7 and at the end insert —
2
Nothing in paragraph (1)(b) implies the existence of a control zone in the station of London-Waterloo on British Territory.
.
5
In Schedule 1 (expressions defined) at the end of the definition of “control zone” insert “but excluding the station of London-Waterloo on British territory”.
West of Spithead
Parliamentary Under-Secretary of State
Home Office
5th October 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 3 and Transitional Provisions and Savings) Order 2007.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006,
“ EA 1996 ” means the Education Act 1996 ,
“ SSFA 1998 ” means the School Standards and Framework Act 1998 .
Provisions coming into force on 28th March 2007
2
Section 164 of the Act comes into force in relation to England only on 28th March 2007.
3
Section 160 of the Act comes into force on 28th March 2007.
Provisions coming into force on 1st April 2007
4
The following provisions of the Act come into force in relation to England only on 1st April 2007 —
a
Chapter 1 of Part 7,
b
sections 165 to 166,
c
section 184 to the extent that it relates to the provisions set out in paragraph (d),
d
in Schedule 18 (Part 6), the repeal —
in EA 1996 of sections 550A and 550B,
in the Education Act 1997 of sections 4 and 5, and
in SSFA 1998 of section 61.
5
The following provisions of the Act come into force on 1st April 2007 —
a
section 5 in relation to primary schools which are not special schools, only in relation to the local education authorities listed in the Schedule,
b
section 18 (1) to (3),
c
section 21 to 24,
d
section 25 (5), (6) and (7),
e
section 26,
f
section 27 (1) to (6) and (8),
g
sections 31 and 32,
h
section 33 to the extent that it inserts sections 23A(9) and (10) and 23B of SSFA 1998,
i
section 35 to the extent that it inserts paragraph 9A (3) of Schedule 3 to SSFA 1998,
j
sections 59 to 73,
k
section 74 (4),
l
section 76,
m
section 77 (1) to the extent that it inserts section 508B(11) and 508D of EA 1996,
n
sections 78 to 80,
o
section 83,
p
section 84 to the extent that it relates to travel functions under sections 508A and 509AA of EA 1996,
q
section 85 to the extent that it relates to provisions set out in paragraph (ee),
r
section 112 (4), to the extent that it is not already in force,
s
sections 113 to 115,
t
section 116 (1) (c) and (2),
u
sections 118 to 153 to the extent that they are not already in force,
v
section 155 to the extent that it is not already in force,
w
section 157,
x
section 158 to the extent that it relates to the provisions set out in paragraph (hh),
y
section 176,
z
section 184 to the extent that it relates to the provision set out in paragraph (ii),
aa
in Schedule 2, paragraphs 5, 11, 13 to 15, 18 (1), 19 and 20,
bb
Schedule 6,
cc
Schedule 7,
dd
Schedule 9,
ee
in Schedule 10, paragraph 5,
ff
Schedule 11, to the extent that it is not already in force,
gg
Schedules 12 to 14,
hh
Schedule 15, to the extent that it is not already in force,
ii
in Schedule 18 —
Part 4 (Schools Causing Concern),
Part 5 (Inspections), except for the repeal of section 38 of the Children Act 2004.
Provisions coming into force on 25th May 2007
6
The following provisions of the Act come into force in relation to England only on 25th May 2007 —
a
section 1,
b
section 56,
c
section 184 to the extent that it related to the provision set out in paragraph (d),
d
in Schedule 18 (Part 6) the repeal of section 5 of SSFA 1998.
7
The following provisions of the Act come into force on 25th May 2007 —
a
sections 2 and 3,
b
sections 7 to 17,
c
section 18 (4) and (5),
d
section 19 and 20,
e
section 25 (1) to (4) and (8),
f
section 27 (7),
g
section 28 to 30,
h
section 33 to the extent it is not already in force,
i
section 34,
j
section 35 to the extent it is not already in force,
k
section 36,
l
section 54 to the extent it is not already in force,
m
section 184 to the extent that it relates to the provision set out in paragraph (q),
n
in Schedule 2, paragraphs 1 to 4, 6 to 10, 12, 16, 18 (2) to (5), 19 and 21 to 31,
o
Schedule 3,
p
Schedule 4,
q
in Schedule 18 —
Part 3 (School Organisation),
in Part 6, the repeal —
in SSFA 1998 —
in section 77(4), of the words “by a local authority”,
in Schedule 3, in paragraph 3 as it applies in relation to England, of sub-paragraph (3), and
in Schedule 22 of —
paragraph 1(1) (c),
in paragraph 2(1)(a), the words from “or acquired” to the end,
in paragraph 3(1)(a), the words from “or acquired” to the end,
paragraph 3(1)(d),
in paragraph 3(1)(f), the words “(d) or” and
in paragraph 3(8), the words “(d),”,
in the Education Act 2002, in Schedule 21, of paragraph 118(3)(b) and (4)(a)(ii),
in the Education Act 2005, in Schedule 12, of paragraph 15.
Transitional provisions and savings
8
1
Despite the disapplication of section 15 of SSFA 1998 from England made by Schedule 7 to the Act, that section continues to have effect in relation to any warning notice given to the governing body of a maintained school in England under that section before 1st April 2007.
2
An appointment of additional governors of a maintained school in England under section 16 of SSFA 1998 made before the 1st April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 64 of the Act.
3
An appointment of interim executive members of a maintained school in England under section 16A of SSFA 1998 made before 1st April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 65 of the Act.
4
A suspension of the governing body of a maintained school in England’s right to a delegated budget under section 17 of SSFA 1998 before 1 April 2007 has effect for the purposes of Part 4 of the Act as if it was made under section 66 of the Act.
5
Despite the disapplication of paragraphs 1 to 4 of Schedule 22 to SSFA 1998 from England made by paragraphs 3 to 8 of Schedule 4 to the Act, those paragraphs continue to apply, in relation to all requests made to the Secretary of State to exercise his consent or order making powers under those paragraphs, before 25th May 2007.
6
Despite the coming into force of section 83(2)(a) of the Act, local education authorities in England are to continue to have regard to any guidance issued before 1st April 2007 by the Secretary of State under section 509AB of EA 1996 until the Learning and Skills Council for England issues guidance under that section.
7
Despite the coming into force of section 83(2)(b) of the Act, local education authorities in England must continue to consult any person specified by the Secretary of State before 1st April 2007 for the purposes of section 509AB of EA 1996 until the Learning and Skills Council for England specifies any person for the purposes of that section.
Jim Knight
Minister of State
Department for Education and Skills
20th March 2007


text:
Citation and extent
1
This Order may be cited as the Road Safety Act 2006 (Commencement No. 1)(England and Wales) Order 2007 and extends to England and Wales only.
Commencement of provisions
2
The following provisions of the Road Safety Act 2006 shall come into force on 16 March 2007 —
a
section 44; and
b
section 52.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
20th February 2007


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Criminal Justice Act 2003 (Reviews of Sentencing) (Consequential and Supplementary Provisions) Order 2007 and shall come into force on 12 July 2007.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Modification for reviews of minimum term on reference by Attorney General in transitional cases
2
Section 36 of the Criminal Justice Act 1988 (reviews of sentencing) shall apply in relation to an order made by the High Court, on or after the date on which this Order comes into force, under section 269(2) of the 2003 Act (determination of minimum term in relation to mandatory life sentence) on a reference under paragraph 6 of Schedule 22 to that Act (which relates to transitional cases) as it applies to an order under section 269(2) of that Act by the Crown Court.
David Hanson
Minister of State
Ministry of Justice
18th June 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2007 and shall come into force on 23rd May 2007.
2
These Regulations do not extend to Northern Ireland.
Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002
2
1
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
omit the word “and” after sub-paragraphs (n), (o) and (q);
b
substitute a semicolon for the full stop at the end of sub-paragraph (r); and
c
after sub-paragraph (r) add —
s
Commission Directive 2006/89/ EC adapting for the sixth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ; and
t
Commission Directive 2006/90/EC adapting for the seventh time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ; and
Signed by authority of the Secretary of State
S.J. Ladyman
Minister of State
Department for Transport
25th April 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Day and School Year) (England) (Amendment) Regulations 2007 and come into force on 1st December 2007.
2
These Regulations apply only in relation to England.
Amendment of the Education (School Day and School Year) (England) Regulations 1999
2
1
The Education (School Day and School Year) (England) Regulations 1999 are amended as follows.
2
Omit regulation 3(6) and regulation 5.
3
For regulation 4 substitute the following regulation —
4
1
Where a school session in the 2007-2008 school year is devoted wholly or mainly to the provision to teachers employed at that school of training to which this paragraph applies, that session shall be regarded for the purposes of regulation 3 as a session on which that school has met.
2
Paragraph (1) shall not have effect in relation to more than two school sessions.
3
This paragraph applies to training relating to the teaching of pupils who are in the third key stage (as defined in section 82 of the Education Act 2002 ).
Revocation
3
The Education (School Day and School Year) (England) (Amendment) Regulations 2001 are revoked.
Jim Knight
Minister of State
Department for Children, Schools and Families
25th October 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. 2) Regulations 2007;
b
apply in England;
c
come into force at 6.00 p.m. on 10th August 2007; and
d
cease to have effect on 25th August 2007.
Interpretation
2
1
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 3 ;
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection against foot-and-mouth disease in the United Kingdom and repealing Decision 2007/552/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside Great Britain and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector (including, in the case of appointment by the Secretary of State, a veterinary inspector) or otherwise authorised by the Secretary of State for the purposes of these Regulations, the Animal Health Act 1981 , the Animals and Animal Products (Import and Export) (England) Regulations 2006 , 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;
“restricted area” means Great Britain.
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 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 are not being complied with.
Importation of live animals
4
No person may import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Dispatch 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 dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area on main roads and railway lines.
3
The Secretary of State may only authorise the dispatch of the biungulate animals originating outside the restricted area to another member State if at least three days before dispatch he has notified the destination member State, and —
a
in the case of bovine, porcine, ovine and caprine 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
; and
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
.
Dispatch of fresh meat, minced meat, mechanically separated meat and meat preparations
6
1
No person may dispatch any meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
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 —
a
the meat is clearly identified, and has been transported and stored since the date of production separately from meat not eligible, in accordance with the Decision, for dispatch outside the areas listed in Annex I; and
b
the meat complies with either of the following conditions —
i
it was obtained before 15th July 2007, or
ii
it is derived from animals reared for at least 90 days prior to slaughter outside the restricted area and slaughtered outside the restricted area or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed, outside the restricted area.
4
The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in the restricted area 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, transported and stored separately from meat which is not eligible for dispatch.
5
Meat consigned 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”.
Dispatch of meat products
7
1
No person may dispatch meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species and other biungulates coming from the restricted area or prepared using meat obtained from such animals originating in that area.
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 not eligible for dispatch, 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 either —
i
made from meats described in regulation 6(3) (b); or
ii
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 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption .
3
Meat products consigned 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 which comply with paragraph (2) and which 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.
Dispatch of milk
8
1
No person may dispatch milk.
2
The prohibition in paragraph (1) does not apply to milk produced from animals kept in the restricted area which 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 or is intended for feeding to animals of species susceptible to foot-and-mouth disease.
3
The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in the restricted area 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 the restricted area;
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 which are not eligible for dispatch; and
d
transport of raw milk from holdings situated outside the restricted area to the establishment is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned 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 which 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 which conforms with the requirements of paragraph (2)(a) or (b) and which 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.
Dispatch of dairy products
9
1
No person may dispatch dairy products.
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
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, on the understanding that such treatment is not necessary for finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
b
produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in 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 are 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 the restricted area provided that —
i
all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside the restricted area;
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 the restricted area;
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 which are not eligible for dispatch; or
b
dairy products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 15th July 2007 from the restricted area provided that the milk products are clearly identified and transported and stored separately from dairy products not eligible for dispatch.
5
Dairy products consigned 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 which 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 which 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.
Dispatch of semen, ova and embryos
10
1
No person may dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova and embryos produced before 15th July 2007; and
b
frozen bovine and porcine semen and 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 and embryos not eligible for dispatch.
3
The health certificate accompanying frozen bovine semen consigned 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 consigned 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 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”.
Dispatch of hides and skins
11
1
No person may dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) does not apply in relation to hides and skins which —
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 the restricted area 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 and skins not eligible for dispatch,
provided that treated hides and skins are separated from untreated hides and skins.
3
Hides and skins consigned 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 and 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 .
Dispatch of animal products
12
1
No person may dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations —
a
produced after 15th July 2007 coming from the restricted area; or
b
obtained from animals originating from the restricted area.
2
No person may dispatch dung or manure from animals of the bovine, ovine, caprine and porcine species and other biungulates from the restricted area.
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 the restricted area 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 not eligible for dispatch;
b
blood and 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 and 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 and pigs’ bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs’ bristles which are securely enclosed in packaging and dry;
f
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 ;
g
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;
h
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 ;
i
packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or
j
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 , 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 dispatch 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 sub-paragraphs (b), (c) or (d) of paragraph (3) that are accompanied by a commercial document endorsed in accordance with regulation 14 of these Regulations.
6
Paragraph (4) does not apply to products specified in sub-paragraph (e) of paragraph (3) that are accompanied by a commercial document stating either —
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 sub-paragraphs (f) and (g) of paragraph (3) 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 sub-paragraphs (i) and (j) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medicinal products, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medicinal products”.
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 the restricted area from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not eligible for dispatch; 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 dispatch in accordance with these Regulations, may be dispatched from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate which —
a
confirms that the establishment of dispatch has in place a system to ensure that goods can only be dispatched 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.
Dispatch of equidae
15
1
Any person dispatching equidae must ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
The certificate may only be issued for equidae coming from a holding that is not subject to official prohibition under the Foot-and-Mouth Disease (England) Order 2006 .
3
The certificate accompanying equidae dispatched to another member State in accordance with paragraph (1) of this regulation, must bear the following words —
“Equidae conforming to Commission Decision 2007/554/EC of 9 August 2007, concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom.”
Personal exports
16
No person travelling out of the British Islands may take with him in his personal luggage or on any other non-commercial basis any product to which these Regulations apply.
Offers to dispatch or export
17
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
18
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
19
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
20
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be dispatched 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 dispatch shall, if he attends before the justices of the peace by whom the consignment 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 dispatch 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 dispatch 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 dispatch 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
21
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.
Furnishing false information
22
No person shall 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
23
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
24
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;
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 British Islands
25
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 British Islands 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 British Islands shall be treated as if it had been processed in approved premises in England.
Sharing information
26
The Secretary of State, the Commissioners for Her Majesty’s Revenue and Customs 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.
Enforcement
27
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
28
The Import and Export Restrictions (Foot-And-Mouth Disease) Regulations 2007 are revoked.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
10th August 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Communications (Television Licensing) (Amendment) Regulations 2007 and come into force on 1st April 2007.
2
These Regulations extend to the Channel Islands and the Isle of Man.
Amendment of the 2004 Regulations
2
The Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) are amended as set out in Regulations 3 to 12 of these Regulations.
Amendment of regulation 2
3
In regulation 2(1), after the definition of “caravan” insert —
“digital set top box” means a television receiver whose function is to receive television programmes in digital form, and which cannot itself display, or record or otherwise store such programmes;
.
Amendment of regulation 3
4
After regulation 3(3), add —
4
In the first and third entries in column 2 of the table in Schedule 1, a reference to–
a
installing a black and white television receiver includes a reference to installing a digital set top box in such a way that it can only be used to cause television programmes to be displayed on a television set or monitor that can display them in black and white only; and
b
using a black and white television receiver includes a reference to using a digital set top box installed as described in this paragraph.
.
Amendment of regulation 5
5
1
For regulation 5(2)(a) substitute —
a
show that he is registered as blind by means of a certificate or other document issued by or on behalf of —
i
a local authority in Great Britain,
ii
a Health and Social Services Trust in Northern Ireland, or
iii
the Department of Health and Social Security for the Isle of Man; or
.
2
For regulation 5(3) substitute —
3
A person is not required to provide the evidence referred to in paragraph (2) to obtain the blind concession in respect of a TV licence where that person has previously established an entitlement to the concession by providing the evidence referred to in that paragraph and —
a
the evidence was provided within the period of 5 years ending on the date on which the licence is issued, or
b
the BBC are satisfied that the evidence previously provided is sufficient to establish the person’s entitlement to the concession as at that date.
.
3
In the definition of “local authority” in regulation 5(5), omit “and” and omit paragraph (d).
Amendment of regulation 8
6
In regulation 8, before the definition of “members of the public” insert —
“digital set top box” has the same meaning as in Part 2;
.
Amendment of regulation 9
7
In regulation 9 —
a
in paragraph (1), for “In” substitute “Subject to paragraph (2), in”;
b
after paragraph (1), insert —
2
But a digital set top box is not a television receiver for the purposes of that Part if it is installed in such a way that it can be used only to cause the production of sound through a device whose functions are limited to the production, or the production and recording, of sound.
;
c
paragraph (2) becomes paragraph (3).
Amendment of Schedule 1
8
In Schedule 1 (Issue fees for TV licences) —
a
for “£44.00” in each place where it occurs substitute “£45.50”;
b
for “£131.50” in each place where it occurs substitute “£135.50”;
c
in paragraph (b) in the second column (‘Description of licence’) of each of the entries numbered 1 and 2 in the table (‘TV licence (black and white only) General Form’ and ‘TV licence (including colour) General Form’) —
i
for the words from “being” (where it first occurs) to “location” (where it first occurs) substitute —
i
being used or occupied by the licensee or by a person normally living with the licensee at the specified location, or
ii
if the specified location is a business premises, being used or occupied for the purposes of the business by a person who normally works at that location
;
ii
after “provided that”, insert “, in a case falling within (i) above,”.
d
in paragraph (b) in the second column (‘Description of licence’) of each of the entries in the table numbered 3 and 4 (‘TV licence (black and white only) Multiple Form’ and ‘TV licence (including colour) Multiple Form’) —
i
for the words from “being” (where it first occurs) to “locations” (where it first occurs) substitute —
i
being used or occupied by the licensee or by a person normally living at one of the specified locations, or
ii
if a business is carried on from one or more of the specified locations, being used or occupied for the purposes of the business by a person who normally works at one of those locations
;
ii
after “provided that”, insert “, in a case falling within (i) above,”.
Amendment of Schedule 2
9
1
Schedule 2 (Fees for TV licences payable by instalments) is amended as follows.
2
In paragraph 2(1), for “£34.14” and “£34.12” substitute, respectively, “£35.14” and “£35.12”.
3
In each of paragraphs 5(1) and 6(1), for “2006” substitute “2007”.
4
For table 1 substitute table 1 in the Schedule to these Regulations.
5
For table 2 substitute table 2 in the Schedule to these Regulations.
6
In paragraph 7(6) —
a
in paragraph (b) for “2006” substitute “2007”; and
b
for “£76.75” and “£10.95” substitute, respectively, “£79.05” and “£11.29”.
7
For table 3 substitute table 3 in the Schedule to these Regulations.
8
For paragraph 8(2) substitute —
2
A licence of the type referred to in sub-paragraph (1) is a licence of the same description as that given in the second entry of column 2 of the table in Schedule 1, but where payment for the licence is to be made in instalments as provided in this Part.
.
9
In paragraph 9 —
a
for paragraph (c) substitute —
c
the amount of the first 10 of those instalments is to be £5.50 and the amount of each of the remaining 15 instalments is to be £5.00.
10
In paragraph 11 —
a
in sub-paragraph (1) for “£66.50” substitute “£70.50”;
b
in sub-paragraph (2) for “£54.00” substitute “£57.50”;
c
in sub-paragraph (3) for “£47.00” substitute “£49.00”;
d
in sub-paragraph (4) for “£37.50” substitute “£38.00”;
e
in sub-paragraph (6) for “£9.50” substitute “£10.00”.
11
In paragraph 12(1) for “£66.50” substitute “£70.50”.
12
In paragraph 13 —
a
in sub-paragraph (1) for “£54.00” substitute “£57.50”;
b
for sub-paragraph (2)(a) to (d), substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for each of the 10 instalments to be £7.80.
b
sub-paragraph (3)(b) is to have effect as if it provided for the first 6 of the instalments to be £10.00, and the remaining 2 instalments to be £9.00.
c
sub-paragraph (4)(b) is to have effect as if it provided for the amount of each of the 6 instalments to be £13.00.
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the 4 instalments to be £19.50.
13
In paragraph 14 —
a
in sub-paragraph (1) for “£47.00” substitute “£49.00”;
b
in sub-paragraph (2)(a) for “£8.50” and “£8.00” substitute, respectively, “£8.70” and “£8.20”;
c
in sub-paragraph (2)(b) for “£10.60” and “£10.30” substitute, respectively, “£10.90” and “£10.20”;
d
in sub-paragraph (2)(c) for “£14.10” substitute “£14.50”;
e
in sub-paragraph (2)(d) for “£21.20” and “£19.90” substitute, respectively, “£21.70” and “£21.40”.
14
In paragraph 15 —
a
in sub-paragraph (1) for “£37.50” substitute “£38.00”;
b
for sub-paragraph (2)(a) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 instalments to be £9.80 and the amount of the final instalment to be £9.30;
;
c
in sub-paragraph (2)(b) for “£11.80” and “£11.40” substitute, respectively, “£12.20” and “£12.10”;
d
in sub-paragraph (2)(c) for “£15.70” and “£15.50” substitute, respectively, “£16.30” and “£16.00”;
e
for sub-paragraph (2)(d) substitute–
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £24.40 and the amount of the final instalment to be £24.30.
.
15
In paragraph 16 —
a
for sub-paragraph (2)(a) substitute–
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the instalments to be £11.00;
;
b
in sub-paragraph (2)(b) for “£13.30” and “£12.90” substitute, respectively, “£13.80” and “£13.40”;
c
in sub-paragraph (2)(c) for “£17.70” and “£17.50” substitute, respectively, “£18.40” and “£18.00”;
d
in sub-paragraph (2)(d) for “£26.50” substitute “£27.50”.
16
In paragraph 17 —
a
in sub-paragraph (1) for “£9.50” substitute “£10.00”;
b
for sub-paragraph (2)(a) substitute —
a
sub-paragraph (2)(b) is to have effect as if it provided for the amount of each of the first 9 instalments to be £12.60 and the amount of the final instalment to be £12.10;
;
c
in sub-paragraph (2)(b) for “£15.30” and “£14.90” substitute, respectively, “£15.70” and “£15.60”;
d
in sub-paragraph (2)(c) for “£20.40” and “£20.00” substitute, respectively, “£21.00” and “£20.50”;
e
for sub-paragraph (2)(d) substitute —
d
sub-paragraph (5)(b) is to have effect as if it provided for the amount of each of the first 3 instalments to be £31.40 and the amount of the final instalment to be £31.50.
.
Amendment of Schedule 3
10
1
In the table in Part 1 of Schedule 3 (Fees for interim TV licences) for “3.666” and “£10.958” substitute, respectively, “£3.791” and “£11.291”.
2
In paragraph 1(5)(b) of Part 2 of that Schedule (Interim TV licence (including colour): payment by instalments) for “£131.50” substitute “£135.50”.
Amendment of Schedule 4
11
1
In paragraph 2 of Schedule 4 (Accommodation for residential care licences) for “£5.00” wherever occurring substitute “£7.50”.
2
In paragraph (a) of the definition of “resident” in paragraph 3(1) of that Schedule omit “ordinarily”.
Amendment of Schedule 5
12
In Schedule 5 (TV licence fees for hotels and hospitality areas, and mobile units) —
a
in paragraph 1 —
i
for the definition of “hotel” substitute —
“hotel” means any establishment (including an inn, guest house, holiday camp, caravan site or camp site) within the same premises or, as the case may be, on the same site which (whether or not it also provides other services) offers accommodation consisting wholly or mainly of units of overnight accommodation for guests staying for no longer than 28 consecutive nights;
;
ii
after the definition of “units” add —
“unit of overnight accommodation” in relation to a hotel means all or part of any roofed or covered building or structure designed, adapted or offered for human habitation and–
includes a caravan, mobile home, movable dwelling, tent or other like structure, but
does not include land (whether or not provided with services) on which guests are permitted to place such structures not offered to them by the hotel;
;
b
for “£44.00” in each place where it occurs substitute “£45.50”; and
c
for £131.50” in each place where it occurs substitute “£135.50”.
Saving and transitional provision
13
1
Subject to paragraph (2), in relation to a TV licence issued before 1st April 2007 Schedules 1 to 3 and 5 to the 2004 Regulations continue to have effect without the amendments made by these Regulations.
2
But —
a
those Schedules as amended by regulations 3, 4, 8(c) and (d) and 11(2); and
b
regulation 9 of the 2004 Regulations as amended by regulation 7
have effect in relation to a TV licence issued before that date.
Shaun Woodward
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
5th March 2007
We consent to the making of these Regulations to the extent that they are made under section 365 of the Communications Act 2003.
Alan Campbell
Dave Watts
Two of the Commissioners of Her Majesty’s Treasury
6th March 2007


text:
This Order may be cited as the Nursing and Midwifery Council (Election Scheme) (Amendment) Rules Order of Council 2007 and shall come into force on 3rd December 2007.
Judith Simpson
Clerk of the Privy Council


text:
Citation and interpretation
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 6) Order 2007.
2
In this Order, “ the Act ” means the Immigration, Asylum and Nationality Act 2006.
Commencement
3
Section 8 (legal aid) of the Act shall come into force on 30th April 2007.
4
Section 52(7) (fees: supplemental) of, and Schedule 2 (fees: consequential amendments) to, the Act shall come into force on 2nd April 2007, to the extent that those provisions are not already in force.
5
Subject to article 6, section 61 (repeals) of, and Schedule 3 (repeals) to, the Act shall come into force on 2nd April 2007, to the extent that those provisions relate to entries listed in the Schedule to this Order.
Savings
6
1
The repeal by this Order of section 25 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 shall not affect the power of the Secretary of State to make regulations under that section which —
a
require a person seeking permission under section 19(3)(b), 21(3)(b) or 23 (3)(b) of that Act or under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004 to make an application in writing; or
b
specify the information to be contained in, or provided with, the application, and how and to whom the fee in respect of that application is to be paid.
2
In such regulations, the reference to the fee to be paid shall be taken to be a reference to the fee to be paid in connection with such an application payable by virtue of an order made under section 51(1) of the Act.
Liam Byrne
Minister of State
Home Office
29th March 2007


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) Order 2007 and shall come into force on 9th February 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 51°16.443 North, Longitude 01°34.537 East .
2
The area within a distance of 150 metres of Latitude 51°16.443 North, Longitude 01°34.537 East, 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
13th January 2007


text:
Citation, commencement application and interpretation.
1
1
These Regulations may be cited as The Education (School Information) (England) (Amendment) Regulations 2007 and come into force on 1st June 2007.
2
These Regulations apply only in relation to England.
3
In these Regulations “the 2002 Regulations ” means the Education (School Information) (England) Regulations 2002 .
Amendment of the Education (School Information) (England) Regulations 2002
2
Subject to regulation 11 the 2002 Regulations are amended as follows.
3
In regulation 3(1) —
a
after the definition of “school prospectus” insert —
“school travel scheme” means a scheme made by an authority under section 508E of, and paragraph 1 of Schedule 35C to, the 1996 Act ;
and
b
after the definition of “special school” insert —
“sustainable modes of travel strategy” means a sustainable modes of travel strategy prepared by an authority pursuant to section 508A(1)(a) of the 1996 Act; and
“travel arrangements” means travel arrangements made under sections 508B or 508C of the 1996 Act.
.
4
For regulation 6 substitute —
6
1
An authority shall publish information in respect of each of the matters specified in Schedule 1 in accordance with the requirements of regulation 7.
2
An authority shall publish its sustainable modes of travel strategy in accordance with the requirements of regulation 7A.
3
Where changes in respect of any of the matters required to be published under this regulation have been decided upon by the authority but not yet implemented, the authority shall also publish information about those changes.
.
5
In regulation 7 —
a
after paragraph (4) insert —
4A
So far as the information in respect of the matters specified in paragraph 6 of Schedule 1 is concerned (travel arrangements), the information shall also be published electronically on the authority’s web-site, and paragraph (5) shall not apply to such publication.
and
b
for paragraph (5) substitute —
5
Where, in accordance with regulation 8, the authority publishes the information specified in paragraphs 1, 2, 5, 8 and 9 of Schedule 2, the authority shall not also be required under this regulation to publish the same information as specified in paragraphs 3, 4, 5, 6 and 6A of Schedule 1.
.
6
After regulation 7 insert —
7A
1
) This regulation shall apply in relation to the publication by an authority of its sustainable modes of travel strategy.
2
The strategy shall be published electronically on the authority’s web- site by the 31 st August nearest to the end of each publication school year.
.
7
In Schedule 1 for paragraph 6 substitute —
6
1
The authority’s general arrangements and policies in respect of —
a
the making of travel arrangements in accordance with the discharge of their functions under sections 508B and 508C of the 1996 Act, or
b
where a school travel scheme made by the authority has effect in relation to an admission school year, the arrangements made under the scheme.
2
The information published under sub-paragraph (1) shall include, in particular —
a
the provision of free transport,
b
the carriage on school buses of pupils for whom free transport is not provided,
c
the payment in whole or in part of reasonable travelling expenses,
d
the provision of other travel arrangements including escorts,
e
the arrangements for children with special educational needs,
f
the arrangements in respect of transport for pupils to schools for which a pupil’s parent has expressed a preference on the grounds of the parent’s religion or belief.
.
8
In Schedule 1 after paragraph 6 insert —
6A
A summary of the authority’s sustainable modes of travel strategy.
.
9
In Schedule 2 after paragraph 7 insert —
8
1
The authority’s general arrangements and policies in respect —
a
the making of travel arrangements in accordance with the discharge of their functions under sections 508B and 508C of the 1996 Act, or
b
where a school travel scheme made by the authority has effect in relation to an admission school year, the arrangements made under the scheme.
2
The information published under sub-paragraph (1) shall include, in particular —
a
the provision of free transport,
b
the carriage on school buses of pupils for whom free transport is not provided,
c
the payment in whole or in part of reasonable travelling expenses,
d
the provision of other travel arrangements including escorts,
e
the arrangements for children with special educational needs,
f
the arrangements in respect of transport for pupils to schools for which a pupil’s parent has expressed a preference on the grounds of the parent’s religion or belief.
.
10
In Schedule 2 after paragraph 8 insert —
9
A summary of the authority’s sustainable modes of travel strategy.
.
Transitional provisions
11
1
The amendments made by regulations 3, 4 and 6 have effect in relation to the publication school year 2006-2007 and subsequent years.
2
The amendments made by regulations 5, 7 and 9 have effect in relation to the publication school year 2007-2008 and subsequent years.
3
The amendments made by regulations 8 and 10 have effect in relation to the publication school year 2008-2009 and subsequent years.
4
In this regulation “publication school year” has the same meaning as in the 2002 Regulations.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
27th April 2007