text:
Citation and commencement
1
These Regulations may be cited as the Adventure Activities Licensing (Amendment) Regulations 2007 and come into force on 1 st April 2007.
Amendment of the Adventure Activities Licensing Regulations 2004
2
1
Regulation 12 of the Adventure Activities Licensing Regulations 2004 is amended as follows.
2
For paragraph (1) substitute —
1
The licensing authority may authorise suitably experienced or qualified persons (whether or not its officers or employees) to exercise any function conferred on the authority pursuant to these Regulations.
.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
16th February 2007
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
14th February 2007


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Terrorism Act 2006 (Disapplication of Section 25) Order 2007 and shall come into force on 25th July 2007.
2
Section 25 of the Terrorism Act 2006 is disapplied for a period of one year beginning with the coming into force of this Order.
Tony McNulty
Minister of State
Home Office
24th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers’ Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) (Amendment) Regulations 2007 and shall come into force on 5th November 2007.
Amendment of the Community Drivers’ Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2007
2
1
The Community Drivers’ Hours and Working Time (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2007 are amended as follows.
2
In regulation 1(1), for “5th November 2007” substitute “19th November 2007.”
3
In regulation 2(1):
a
in the definition of “the circumstances”, after the phrase “the exceptional circumstances” add “in Scotland”; and
b
in the definition of “the specified purpose”, after the phrase “pigs, cattle and sheep” add “from any place in Scotland”.
Signed by authority of the Secretary of State for Transport
Tom Harris
Parliamentary Under-Secretary of State
Department for Transport
31st October 2007


text:
1
This Order may be cited as the Citizenship Oath and Pledge (Welsh Language) Order 2007 and shall come into force on 1st June 2007.
2
Articles 3 and 4 apply in the case of a citizenship oath (or affirmation) and pledge made in Wales for the purpose of registration or naturalisation as a British citizen in accordance with section 42(1) or (2) of the British Nationality Act 1981 .
3
The following form of words in Welsh may be used as an alternative to the form of citizenship oath and pledge set out in paragraph 1 of Schedule 5 to the British Nationality Act 1981 —
Llw teyrngarwch
Yr wyf i, [enw] , yn tyngu i Dduw Hollalluog y byddaf i, ar ôl dod yn ddinesydd Prydeinig, yn ffyddlon ac yn wir deyrngar i'w Mawrhydi y Frenhines Elisabeth yr Ail, ei Hetifeddion a'i Holynwyr, yn unol âr gyfraith.
Adduned
Rhoddaf fy nheyrngarwch i'r Deyrnas Unedig ac fe barchaf ei hawliau a'i rhyddidau. Arddelaf ei gwerthoedd democrataidd. Glynaf yn ffyddlon wrth ei chyfreithiau a chyflawnaf fy nyletswyddau a'm rhwymedigaethau fel dinesydd Prydeinig.
.
4
1
This article applies where a person makes a citizenship affirmation instead of an oath .
2
The following form of words in Welsh may be used as an alternative to the form of affirmation set out in section 6(1) of the Oaths Act 1978 (oral affirmation) —
Yr wyf i, [enw] , yn datgan ac yn cadarnhau yn ddifrifol, yn ddiffuant ac yn gywir
(and then proceed with the Welsh form of the citizenship oath set out in article 3, omitting the words of imprecation).
3
The following form of words in Welsh may be used as an alternative to the form of affirmation set out in section 6(2) of the Oaths Act 1978 (affirmation in writing).
4
The affirmation in writing shall commence —
Yr wyf i [enw] … o … yn cadarnhau'n ddifrifol ac yn ddiffuant
and the form in lieu of jurat shall be “Cadarnhawyd yn … y/yr … dydd hwn o … 20…, Ger fy mron i.”.
Liam Byrne
Minister of State
Home Office
17th May 2007


text:
PART 1 General provisions
Title, application, commencement and cessation
1
These Regulations —
a
may be cited as the Export Restrictions (Foot-and-Mouth Disease) Regulations 2007;
b
apply in England;
c
come into force at 6.30 p.m. on 13th December 2007; and
d
cease to have effect on 31st December 2007.
Interpretation
2
In these Regulations —
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom ;
“export” includes consigning for export;
“inspector” means a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 , or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“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; and
“premises” includes any land, building or other place.
PART 2 Export Restrictions
Export of live animals
3
1
No person may export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate from the areas specified in Schedule 1.
2
No person may export any biungulate to another member State from England unless —
a
at least three days before export the Secretary of State has notified that member State; and
b
in the case of —
i
bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words —
Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
;
ii
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.
.
Export of semen, ova and embryos
4
1
No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into the areas specified in Schedule 1.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova or embryos produced before 15th July 2007;
b
frozen bovine semen imported into the United Kingdom in accordance with the conditions laid down in 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 , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;
c
bovine embryos imported into the United Kingdom in accordance with the conditions laid down in 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 , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;
d
porcine semen imported into the United Kingdom in accordance with the conditions laid down in 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 , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export; or
e
frozen ovine or caprine semen or frozen ovine or caprine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 92/65/EEC laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export.
3
The health certificate accompanying frozen bovine semen exported to another member State from England must bear the following words —
Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.
.
4
The health certificate accompanying bovine embryos exported to another member State from England must bear the following words —
Bovine embryos 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
The health certificate accompanying ovine or caprine semen exported to another member State from England must bear the following words —
Frozen ovine/caprine semen 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
The health certificate accompanying ovine or caprine embryos exported to another member State from England must bear the following words —
Frozen ovine/caprine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
7
The health certificate accompanying porcine semen exported to another member State from England must bear the following words —
Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.
.
Offers to export
5
No person may offer to export, or accept orders for the export of, anything prohibited from being exported by these Regulations, whether on the internet or otherwise.
PART 3 Administration and enforcement
Powers of inspectors
6
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 or identification of animals, any premises or 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
7
An Officer of Revenue and Customs may detain any vehicle, vessel, container or anything which the officer 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
8
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If anything is seized under this regulation, the inspector must inform the person appearing to the inspector to be in charge of the consignment of the inspector’s intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the export shall, if they attend before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations the justice of the peace must, unless satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment be destroyed or otherwise disposed of so as to prevent it from being exported.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
9
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;
c
furnish to any person acting in the execution of these Regulations any information which they know to be false or misleading; or
d
deface, obliterate or remove any mark made by an inspector under these Regulations.
Offences by bodies corporate
10
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,
that person 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
11
A person contravening any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates issued in another part of the United Kingdom
12
Where these Regulations require any certificate to be issued or granted by the Secretary of State, a veterinary inspector or inspector, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.
Sharing information
13
1
The Secretary of State, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.
2
Paragraph (1) is without prejudice to any other power of the Secretary of State, the Commissioners or any local authority to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if —
a
the information relates to a person whose identity —
i
is specified in the disclosure; or
ii
can be deduced from the disclosure;
b
the disclosure is for a purpose other than the purposes of these Regulations; and
c
the Commissioners have not given their prior consent to the disclosure.
4
In this regulation, “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.
Enforcement
14
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocation
15
The Export and Movement Restrictions (Foot-And-Mouth Disease) (No.2) Regulations 2007 are revoked.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5.00 p.m. on 13th December 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2007 and shall come into force on 26th July 2007.
2
These Regulations extend to England and Wales.
Amendment of the 2002 Regulations
2
1
Regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002 is amended as follows —
2
For paragraphs (c)-(e) substitute —
c
obtaining or holding an operating licence under Part 5 of the Gambling Act 2005 for the purposes of that Act;
d
obtaining or holding a personal licence under Part 6 of the Gambling Act 2005 for the purposes of that Act;
e
considering an individual’s suitability for a position as Commissioner for the Gambling Commission and for any office or employment in the Commissioners’ service;
.
3
After paragraph (o) insert —
p
considering an individual’s suitability for working in the Department for Education and Skills, the Office for Standards in Education, Children’s Services and Skills or in the Government Offices for the English Regions with access to sensitive or personal information about children or vulnerable adults;
q
considering an individual’s suitability for any office, employment or other work which is concerned with the establishment or operation of a database under section 12 of the Children Act 2004 , and which is of such a kind as to enable the holder of that office or employment, or the person engaged in that work, to have access to information included in the database;
r
considering an individual’s suitability for any office, employment or other work which is of such a kind that the person is or may be permitted or required to be given access to a database under section 12 of the Children Act 2004;
s
considering an individual’s suitability for any work which is normally concerned with the provision of any form of information, advice or guidance wholly or mainly to children which relates to their physical, emotional or educational well-being and is provided by means of telephone or other form of electronic communication including the internet and mobile telephone text messaging;
t
considering an individual’s suitability for a position as chairman, member or member of staff (including considering the suitability of any person seconded to serve as a member of staff) of the Independent Barring Board ;
u
considering an individual’s suitability for a position working within the Public Guardianship Office, (to be known as the Office of the Public Guardian from October 2007) , with access to data relating to children and vulnerable adults;
v
considering an individual’s suitability for the position of Commissioner for Older People in Wales , or that of his deputy, or for considering the suitability of any person appointed by the Commissioner to assist him in the discharge of his functions or authorised to discharge his functions on his behalf;
w
considering an individual’s suitability for any employment or other work where the normal duties:
i
involve caring for, training, supervising, or being solely in charge of, persons aged under 18 serving in the naval, military or air forces of the Crown; or
ii
include supervising or managing a person employed or working in a capacity referred to in paragraph (i).
.
Liam Byrne
Minister of State
Home Office
29th June 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Pollution Prevention and Control (Designation of Directives)(England and Wales) Order 2007 and comes into force on 18th August 2007.
2
This Order extends to England and Wales.
3
For the purposes of this article —
a
England and Wales includes the sea adjacent to England and Wales out as far as the seaward boundary of the territorial sea; and
b
the sea adjacent to Wales has the same meaning as in section 158 of the Government of Wales Act 2006 .
Revocation
2
1
The following Orders are revoked —
a
the Pollution Prevention and Control (Designation of Landfill Directive) Order 2001 ;
b
the Pollution Prevention and Control (Designation of Council Directives on Large Combustion Plants, Incineration of Waste and National Emission Ceilings) Order 2002 ; and
c
the Pollution Prevention and Control (Designation of Council Directive on Solvent Emissions) Order 2003 .
Designation
3
1
The following Directives are designated as relevant directives for the purposes of paragraph 20(2)(c) of Schedule 1 to the Pollution and Prevention Control Act 1999 —
a
Council Directive 87/217/ EEC on the prevention and reduction of environmental pollution by asbestos ;
b
Council Directive 92/112/EEC on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry ;
c
European Parliament and Council Directive 94/63/ EC on the control of volatile organic compound ( VOC ) emissions resulting from the storage of petrol and its distribution from terminals to service stations ;
d
Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations ;
e
Council Directive 1999/31/EC on the landfill of waste ;
f
Directive 2000/53/EC of the European Parliament and of the Council on end-of life vehicles ;
g
Directive 2000/76/EC of the European Parliament and of the Council on the incineration of waste ;
h
Directive 2001/80/EC of the European Parliament and of the Council on the limitation of emissions of certain pollutants into the air from large combustion plants ;
i
Directive 2001/81/EC of the European Parliament and of the Council on national emission ceilings for certain atmospheric pollutants ;
j
Directive 2002/96/EC of the European Parliament and of the Council on waste electrical and electronic equipment ( WEEE ) ;
k
Directive 2006/12/EC of the European Parliament and of the Council on waste ;
l
Directive 2006/66/EC of the European Parliament and of the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC .
2
For the purposes of this Order, the references to the Directives in paragraph (1) are references to those Directives as amended from time to time.
Signed on behalf of the Welsh Ministers
Jane Davidson
Minister for Environment, Sustainability and Housing, one of the Welsh Ministers
26th July 2007
Joan Ruddock
Parliamentary Under Secretary
Department for Environment, Food and Rural Affairs
23rd July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Designs (International Registrations Designating the European Community) Regulations 2007, and shall come into force on 1st January 2008.
Amendment of the Registered Designs Act 1949
2
In section 11ZA (grounds for invalidity of registration) of the Registered Designs Act 1949 , for paragraph (1A)(b) substitute —
b
is protected as from a date prior to the relevant date —
i
by virtue of registration under this Act or the Community Design Regulation or an application for such registration, or
ii
by virtue of an international registration (within the meaning of Articles 106a to 106f of that Regulation) designating the Community.
.
Amendment of the Community Design Regulations 2005
3
1
The Community Design Regulations 2005 are amended as follows.
2
In regulation 1 (introductory and interpretation) —
a
in paragraph (2) —
i
after “Council Regulation ( EC ) 6/2002 of 12th December 2001 on Community Designs;”, omit “and”, and
ii
at the end insert “; and “international registration” has the same meaning as in Articles 106a to 106f of the Community Design Regulation”; and
b
after paragraph (2) insert —
3
In addition, references to a Community design and a registered Community design include a reference to a design protected by virtue of an international registration designating the Community.
.
3
In regulation 2, after paragraph (6) insert —
6A
In relation to a design protected by virtue of an international registration designating the Community, the reference in paragraph (3) to a registration being invalid includes a reference to the effects of the international registration being declared invalid in accordance with Article 106f of the Community Design Regulation.
.
Lord Triesman
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
28th November 2007


text:
Citation, commencement and interpretation
1
This Order may be cited as the Immigration and Nationality (Fees) Order 2007 and shall come into force on the day after the day on which it is made.
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1981 Act ” means the British Nationality Act 1981 ;
“the 1997 Act ” means the British Nationality (Hong Kong) Act 1997 ;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006;
“the immigration rules” means the rules made under section 3(2) of the 1971 Act; and
“the former nationality Acts” has the same meaning as provided in section 50(1) of the 1981 Act.
Requirement to pay a fee for applications in connection with immigration or nationality
3
1
An application in connection with immigration or nationality to which this article applies must be accompanied by the fee for the time being specified in relation to the application in question in regulations made under section 51(3) of the 2006 Act.
2
This article applies to applications for —
a
leave to remain in the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act;
b
variation of leave to enter, or remain in, the United Kingdom given in accordance with the provisions of, or made under, the 1971 Act;
c
the fixing of a stamp, sticker or other attachment which indicates that a person has been granted limited, or indefinite, leave to enter, or remain in, the United Kingdom on a passport or other document issued to the applicant;
d
an immigration employment document, that is to say a work permit, or any other document which relates to employment and is issued for the purposes of the immigration rules or in connection with leave to enter or remain in the United Kingdom;
e
a travel document not including a passport;
f
naturalisation as a British citizen under section 6(1) or (2) of the 1981 Act;
g
naturalisation as a British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
h
registration as a British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of the 1981 Act, or paragraph 3 , 4 or 5 of Schedule 2 to that Act;
i
registration as a British overseas territories citizen under sections 24 and 13(1) or (3), or section 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of the 1981 Act, or paragraph 3, 4 or 5 of Schedule 2 to that Act;
j
registration as a British overseas citizen under section 27(1) of the 1981 Act, or paragraph 4 or 5 of Schedule 2 to that Act;
k
registration as a British subject under section 32 of the 1981 Act, or paragraph 4 of Schedule 2 to that Act;
l
registration as a British citizen under section 1 of the 1997 Act;
m
permission to marry in the United Kingdom under section 19(3)(b), 21(3)(b) or 23(3)(b) of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004 ; and
n
permission to form a civil partnership in the United Kingdom under paragraph 2(1)(b) of Schedule 23 to the Civil Partnership Act 2004 .
Requirement to pay a fee in respect of the provision on request of a service in connection with nationality
4
1
In respect of the provision on request of a service in connection with nationality to which this article applies, the fee for the time being specified in regulations made under section 51(3) of the 2006 Act as payable in connection with that service is to be charged by the Secretary of State.
2
This article applies to the following services —
a
the registration of a declaration of a renunciation of British citizenship under section 12 of the 1981 Act;
b
the registration of a declaration of a renunciation of British overseas territories citizenship under sections 24 and 12 of the 1981 Act;
c
the registration of a declaration of a renunciation of British Overseas citizenship under sections 29 and 12 of the 1981 Act;
d
the registration of a declaration of a renunciation of the status of British subject under sections 34 and 12 of the 1981 Act;
e
the arrangement of a citizenship ceremony (including the administration of a citizenship oath and pledge at the ceremony);
f
the administration of a citizenship oath, or oath and pledge (where not administered at a citizenship ceremony); and
g
the supply of a certified copy of a notice, certificate, order, declaration or entry given, granted or made under the 1981 Act, any of the former nationality Acts, or the 1997 Act.
We consent
Liam Byrne
Minister of State
Home Office
14th March 2007
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Scotland Act 1998 (Cross Border Public Authorities) (Traffic Commissioner for the Scottish Traffic Area) Order 2007 and shall come into force on 1st October 2007.
2
This Order does not extend to Northern Ireland.
Transfer of functions to the Scottish Ministers
2
The functions which are conferred on a Minister of the Crown by the enactments specified in column 1 of the Schedule shall–
a
so far as exercisable by that Minister in relation to the Traffic Commissioner for the Scottish Traffic Area; and
b
subject to any restriction in the corresponding entry in column 2 of the Schedule,
be exercisable by the Scottish Ministers instead of by the Minister of the Crown.
General modification of enactments
3
Sections 117 and 118 (general modification of enactments) of the Scotland Act 1998 shall apply in relation to the exercise of functions by the Scottish Ministers by virtue of article 2 of this Order as they apply in relation to the exercise of functions by the Scottish Ministers within devolved competence.
Transitional and saving provisions
4
1
The transfer, by virtue of this Order, of any function exercisable by a Minister of the Crown to the Scottish Ministers shall not affect the validity of anything done (or having effect as if done) by or in relation to a Minister of the Crown, for the purposes of or in connection with any such function, before the date on which the transfer takes effect.
2
Anything (including legal proceedings) which, at the time when that transfer takes effect, is in the process of being done by or in relation to a Minister of the Crown may, so far as it relates to any function transferred, be continued by or in relation to the Scottish Ministers.
3
Anything done (or having effect as if done) by or in relation to a Minister of the Crown for the purposes of or in connection with any function transferred to the Scottish Ministers by virtue of this Order shall, if in force at the time when that transfer takes effect, have effect as if done by or in relation to the Scottish Ministers in so far as that is required for continuing its effect after that time.
Judith Simpson
Clerk of the Privy Council


text:
Title, commencement, and application
1
These Regulations —
a
may be cited as the Porcine Semen (Fees) (England) Regulations 2007;
b
come into force on 1st October 2007; and
c
apply in England only.
Interpretation
2
In these Regulations —
“artificial insemination centre” means premises in respects of which a licence is in force under regulation 4(1) of the Artificial Insemination of Pigs (England and Wales) Regulations 1964 , or under regulation 2(2) or 2(3) of the Artificial Insemination of Pigs ( EEC ) Regulations 1992 ; and
the “ principal pig Regulations ” means the Artificial Insemination of Pigs (England and Wales) Regulations 1964 and the Artificial Insemination of Pigs (EEC) Regulations 1992.
Payment of fees
3
The fees set out in the Schedule to these Regulations must be paid by the applicant or the licensee to the Secretary of State on invoice, in connection with —
a
the issue of licences or approvals; and
b
tests or examinations carried out,
under the principal pig Regulations.
Refund of fees
4
If an application under the principal pig Regulations is withdrawn before determination of the application, the Secretary of State must refund to the applicant such proportion of any fee paid under regulation 3 in respect of that application as the Secretary of State thinks fit, having regard to any reasonable costs incurred by him in connection with the application.
Revocation
5
The following Regulations are revoked in so far as they apply in England —
a
the Artificial Insemination (Cattle and Pigs) (Fees) Regulations 1987 ; and
b
the Artificial Insemination (Cattle and Pigs) (Fees) (Amendment) Regulations 1992 .
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
16th August 2007
We approve
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2007 and shall come into force on 31st January 2007.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of Schedule 1 (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of Schedule 1.
Amendment to the Offshore Installations (Safety Zones) Order 1997
3
In the Schedule to the Offshore Installations (Safety Zones) Order 1997 the entry relating to Brent South Subsea Wellhead shall be omitted.
Amendment to the Offshore Installations (Safety Zones) ( No. 2) Order 2003
4
In the Schedule to the Offshore Installations (Safety Zones) (No.2) Order 2003 the entries relating to the installations specified in Schedule 2 shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
10th January 2007


text:
Citation
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2007.
Exempt amount of capital gains for 2007-08
2
The amount specified as the exempt amount for the year 2007-08 by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, £9,200.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation
1
This Order may be cited as the Archbishop Cranmer Church of England Primary School (Designation as having a Religious Character) Order 2007.
Designation of School
2
1
The Archbishop Cranmer Church of England Primary School, Lingfield Approach, Leeds, LS17 7HL, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Julian Butcher
A Divisional Manager in the
Department for Children, Schools and Families
10th July 2007


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2007 and comes into force on 20th April 2007.
Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
2
For Part 2 of Schedule 3 to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (certain investment exchanges operating relevant EEA markets) substitute —
Part 2
Certain Investment Exchanges Operating Relevant EEA Markets
Aktietorget I Norden (Sweden).
Amsterdam Options Exchange (Netherlands).
Athens Stock Exchange (Greece).
Athens Derivative Exchange (Greece).
Barcelona Stock Exchange (Spain).
Bavarian Stock Exchange (Germany).
Belgian Secondary Market for Treasury Certificates (Belgium).
Berlin-Bremen Stock Exchange (Germany).
Bilbao Stock Exchange (Spain).
Böag Borsen AG (Germany).
Bratislava Stock Exchange (Slovakia).
Bucharest Stock Exchange (Romania).
Budapest Stock Exchange (Hungary).
Bulgaria Stock Exchange (Bulgaria).
Copenhagen Stock Exchange (Denmark).
Cyprus Stock Exchange (Cyprus).
Danish Authorised Market Place (Denmark).
Dusseldorf Stock Market (Germany).
EDX ( UK ).
Eurex Deutschland (Germany).
Euronext Amsterdam (Netherlands).
Euronext Brussels (Belgium).
Euronext Lisbon (Portugal).
Euronext Paris (France).
Frankfurt Stock Exchange (Germany).
Helsinki Stock Exchange and Securities and Derivatives Exchange (Finland).
Irish Stock Exchange (Ireland).
Italian and Foreign Government Bonds Market (Italy).
Italian Stock Exchange (Italy).
Ljubliana Stock Exchange (Slovenia).
London International Financial Futures and Options Exchange (UK).
London Stock Exchange (UK).
Luxembourg Stock Exchange (Luxembourg).
Madrid Stock Exchange (Spain)
Malta Stock Exchange (Malta).
Market for Public Debt (Spain).
MEFF Renta Variable Futures Options Exchange (Spain).
MEFF Renta Fija Equity Futures Exchange (Spain).
MTS Italy (Italy).
MTS Poland (Poland).
MTS Portugal (Portugal).
National Stock Exchange of Lithuania (Lithuania).
Nordic Growth Market (Sweden).
PLUS (UK).
Prague Stock Exchange (Czech Republic).
Riga Stock Exchange (Latvia).
ShareMark (UK).
Stockholm Stock Exchange (Sweden).
Stuttgart Stock Exchange (Germany).
Tallinn Stock Exchange (Estonia).
Valencia Stock Exchange (Spain).
Vienna Stock Exchange (Austria).
Virt-x (UK).
Warsaw Stock Exchange (Poland).
.
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 and comes into force on 6th April 2008.
2
In this Order —
“local authority” means —
a county or district council in England;
a London borough council;
the Common Council of the City of London;
the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple;
the Council of the Isles of Scilly;
a port health authority in England (not being an authority specified in sub-paragraphs (a) to (e)); and
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities for Greater London and metropolitan counties).
Regulatory functions
2
Subject to articles 3 and 4, any regulatory function specified in the Schedule to this Order is a function to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply.
3
Article 2 shall not apply to any regulatory function exercisable by Order in Council, order, rules, regulations, scheme, warrant, byelaw or other subordinate instrument under a public general Act or local Act.
4
Article 2 shall not apply to any regulatory function —
a
so far as exercisable in Scotland, if or to the extent that the function relates to matters which are not reserved matters;
b
so far as exercisable in Northern Ireland, if or to the extent that the function relates to matters which are transferred matters; or
c
exercisable only in or as regards Wales.
Phil Hope
Parliamentary Secretary for the Cabinet Office
and Minister for the Third Sector
18th December 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Taxation of Securitisation Companies (Amendment No.2) Regulations 2007 and shall come into force on 28th December 2007.
2
These Regulations have effect from the beginning of periods of account beginning on or after 1st January 2007 and current on 4th December 2007.
Amendments to the Taxation of Securitisation Companies Regulations 2006
2
1
The Taxation of Securitisation Companies Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) in paragraph (1) after the definition of “independent person” insert —
“insurance special purpose vehicle” has the same meaning as in section 431(2) of ICTA ;
.
3
In regulation 5 (meaning of “note-issuing company”) in paragraph (5) —
a
for “consists in one” substitute —
consists in —
a
one
;
b
renumber subparagraphs (a) and (b) as paragraphs (i) and (ii) of subparagraph (a) so created; and
c
at the end insert —
; or
b
being party to a creditor relationship with an insurance special purpose vehicle.
.
4
In regulation 7 (meaning of “intermediate borrowing company”) in paragraph (2) —
a
in sub-paragraph (c) omit “or”, and
b
at the end insert —
, or
e
an insurance special purpose vehicle.
.
Alan Campbell
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007 and come into force on 30th June 2007.
2
In these Regulations, “the 2006 Regulations ” means the Controls on Dangerous Substances and Preparations Regulations 2006 .
Amendments
2
1
In regulation 14(1) of the 2006 Regulations, for “regulation 13” substitute “regulation 13(1)”.
2
Schedule 1 to the 2006 Regulations is replaced by Schedule 1 set out in the Schedule to these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
30th May 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 5) Regulations 2007.
2
These Regulations come into force as follows —
a
regulations 1 and 2 come into force on 1st September 2007;
b
regulations 3, 4 and 5 come into force on 1st September 2007, and have effect in relation to transfers of going concerns pursuant to contracts entered into on or after that date; and
c
the remaining regulations come into force on 1st October 2007.
Amendment of the Value Added Tax Regulations 1995
2
The Value Added Tax Regulations 1995 are amended as follows.
Transfer of a going concern
3
In regulation 6(1) —
a
in sub-paragraph (a) after “business” insert “or part of a business”.
b
in sub-paragraph (c) after “business” insert “or part of it”.
c
in sub-paragraph (d) after “business” insert “or the part transferred”.
4
In regulation 6(3) —
a
after “transferee of a business” insert “or part of a business”;
b
for “transferor of that business” substitute “transferor of it”;
c
after paragraph (3)(d) omit “and”; and
d
after paragraph (3)(e) insert —
, and
f
any records relating to the business which, by virtue of these Regulations or a direction made by the Commissioners, are required to be preserved for any period after the transfer shall be preserved by the transferee unless the Commissioners, at the request of the transferor, otherwise direct.
5
In regulation 6(4) —
a
after “transferee of a business” insert “or part of a business”;
b
for “subsequent to that in which the transfer of the business took place” substitute “subsequent to that in which the transfer took place”; and
c
for “the date of the transfer of the business” substitute “the date of the transfer”.
VAT invoices
6
In regulation 13 (obligation to provide a VAT invoice) —
a
in paragraph (1)(b) —
i
omit “other than an exempt supply”; and
ii
after “member State” insert “for the purpose of any business activity carried out by that person”;
b
after paragraph (1) insert —
1A
Paragraph (1)(b) above shall not apply where the supply is an exempt supply which is made to a person in a member State which does not require an invoice to be issued for the supply.
.
7
In regulation 14 (contents of VAT invoice) —
a
in paragraph (1)(a) for “an identifying number” substitute “a sequential number based on one or more series which uniquely identifies the document”;
b
after paragraph (1)(m) insert —
n
where a margin scheme is applied under section 50A or section 53 of the Act, a relevant reference or any indication that a margin scheme has been applied,
o
where a VAT invoice relates in whole or part to a supply where the person supplied is liable to pay the tax, a relevant reference or any indication that the supply is one where the customer is liable to pay the tax.
;
c
in paragraph (2)(a) for “(j) and (m)” substitute “(j), (m), (n) and (o)”;
d
after paragraph (2)(f) omit “and”;
e
after paragraph (2)(g) insert —
, and
h
where the supply is an exempt or zero-rated supply, a relevant reference or any indication that the supply is exempt or zero-rated as appropriate.
;
f
omit paragraph (5); and
g
after paragraph (7) insert —
8
In this regulation, a “relevant reference” is —
a
a reference to the appropriate provision of Council Directive 2006/112/ EC , or
b
a reference to the corresponding provision of the Act.
.
8
For paragraph (2) of regulation 17 (section 14(6) supplies to persons belonging in other member States) substitute —
2
An invoice provided under this regulation shall comply with the requirements of regulations 13 and 14.
.
9
In regulation 18 (section 14(1) supplies by intermediate suppliers) delete sub-paragraph (2)(d) (together with the “and” before it).
10
In regulation 19 (section 14(2) supplies by persons belonging in other member States) delete sub-paragraph (2)(d) (together with the “and” before it).
Mike Eland
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 2007 and shall come into force on 1st April 2007.
2
These Regulations apply in relation to England.
3
In these Regulations “the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
Amendment to the Optical Regulations
2
In regulation 19 (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£49.20” substitute “£50.50”; and
b
in paragraph (3), for “£12.70” substitute “£13.00”.
Amendments to the Schedules to the Optical Regulations
3
1
In Schedule 1 to the Optical Regulations (voucher letter codes and face values-supply and replacement) in column (3) of the table (face value of voucher), for each amount specified in column (1) of the table below substitute the amount specified in relation to it in column (2) of the table below.
(1)
Old amount
(2)
New amount
£33.70 £34.60 £51.20 £52.60 £74.90 £76.90 £169.10 £173.70 £58.20 £59.80 £74.00 £76.00 £95.90 £98.50 £185.90 £190.90 £173.20 £177.90 £49.20 £50.50
2
In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£11.00” substitute “£11.30”;
b
in paragraph (1)(1)(b), for “£13.10” substitute “£13.50”;
c
in paragraph 1(1)(c), for “£3.70” substitute “£3.80”;
d
in paragraph 1(1)(d), for “£4.20” substitute “£4.30”;
e
in paragraph 1(1)(e), for “£55.50”, “£49.20” and “£26.60” substitute “£57.00”, “£50.50” and “£27.30” respectively;
f
in paragraph 1(1)(g), for “£55.50” substitute “£57.00”;
g
in paragraph 2(a), for “£12.70” substitute “£13.00”; and
h
in paragraph 2(b), for “£32.10” substitute “£33.00”.
3
For Schedule 3 to the Optical Regulations (voucher values-repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Transitional Provision
4
The amounts substituted by regulations 2 and 3 shall apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2007.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
22nd February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2007 and shall come into force on the 6th April 2007.
Amendment of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
1
Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (list of prescribed diseases and the occupations for which they are prescribed) is amended as follows.
2
In the first column relating to prescribed disease A4, substitute “A4 Task-specific focal dystonia.”.
3
In the first column of the entry relating to prescribed disease A5 omit “(beat hand)”.
4
In the first column of the entry relating to prescribed disease A6 omit “(beat knee)”.
5
In the first column of the entry relating to prescribed disease A7 omit “(beat elbow)”.
6
Omit the entry relating to prescribed disease A9.
7
For the entry in the second column relating to prescribed disease A12, substitute —
a
The use, at the time the symptoms first develop, of hand-held powered tools whose internal parts vibrate so as to transmit that vibration to the hand, but excluding those tools which are solely powered by hand; or
b
repeated palmar flexion and dorsiflexion of the wrist for at least 20 hours per week for a period or periods amounting in aggregate to at least 12 months in the 24 months prior to the onset of symptoms, where “repeated” means once or more often in every 30 seconds.
.
8
In the second column of the entry relating to prescribed disease B6, at the end add “or (e) work involving exposure to metalworking fluid mists.”.
Transitional provision
3
Regulation 2 shall not apply to a period of assessment which relates to a claim made before the date on which these Regulations come into force.
Signed by the authority of the Secretary of State for Work and Pensions.
Jim Murphy
Minister of State,
Department for Work and Pensions
12th March 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment No. 4) Regulations 2007.
2
Regulations 1, 2, 6, 7, 8, 18 and 23 of these Regulations come into force on 6th April 2008.
3
All other regulations of these Regulations come into force on 6th April 2009.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
3
In regulation 36(4) (cessation of employment: form P45), in Table 2, insert the following after item 3 (employee’s name) —
3A. the employee’s date of birth yes no no 3B. the employee’s sex yes no no
4
In regulation 42(7) (procedure if employer receives form P45) —
a
in sub-paragraph (g), omit “if known,”; and
b
after sub-paragraph (g), insert —
ga
the employee’s sex,
.
5
In regulation 43(9)(c) (Form P45 for current tax year), for “(retirement statement)” substitute “(Form P46(Pen))”.
6
In regulation 47 (procedure in Form P46 cases: Statement A applies) —
a
in paragraph (2), for “exceeds the PAYE threshold” substitute “equals or exceeds the lower earnings limit”;
b
for paragraph (2)(a) substitute —
a
send the Form P46 to Her Majesty’s Revenue and Customs,
;
c
after paragraph (2) insert —
2A
To comply with paragraph (2)(a) —
a
the employer must send the Form P46 to Her Majesty’s Revenue and Customs even if the employee has not provided all of the information required by regulation 46, and
b
the employer must provide any of the information required by regulation 46(1B) that the employee has not provided.
; and
d
after paragraph (3) add —
4
In this regulation, “lower earnings limit” means the lower earnings limit for Class 1 contributions for the purposes of section 5(1) of the Social Security Contributions and Benefits Act 1992 .
.
7
In regulation 48 (procedure in Form P46 cases: Statement B applies) —
a
in paragraph (2), for “exceeds the PAYE threshold” substitute “equals or exceeds the lower earnings limit”;
b
for paragraph (2)(a) substitute —
a
send the P46 to Her Majesty’s Revenue and Customs,
;
c
after paragraph (2) insert —
2A
To comply with paragraph (2)(a) —
a
the employer must send the Form P46 to Her Majesty’s Revenue and Customs even if the employee has not provided all of the information required by regulation 46, and
b
the employer must provide any of the information required by regulation 46(1B) that the employee has not provided.
; and
d
after paragraph (3) add —
4
In this regulation, “lower earnings limit” means the lower earnings limit for Class 1 contributions for the purposes of section 5(1) of the Social Security Contributions and Benefits Act 1992.
.
8
In regulation 49 (procedure in Form P46 cases: Statement C applies) —
a
for paragraph (2)(a) substitute —
a
send the Form P46 to Her Majesty’s Revenue and Customs,
; and
b
after paragraph (2) insert —
2A
To comply with paragraph (2)(a) —
a
the employer must send the Form P46 to Her Majesty’s Revenue and Customs even if the employee has not provided all of the information required by regulation 46, and
b
the employer must provide any of the information required by regulation 46(1B) that the employee has not provided.
.
9
In regulation 52 (late presentation of Form P45: employer’s duties) —
a
in paragraph (2) —
i
in sub-paragraph (g), omit “if known,”,
ii
after sub-paragraph (g), insert —
ga
the employee’s sex,
; and
b
in paragraph (11), for “(retirement statement)” substitute “(Form P46(Pen))”.
10
In regulation 53(3) (Form P46 cases: subsequent procedure on issue of employee’s code), for “(retirement statement)” substitute “(Form P46(Pen))”.
11
For the heading to Chapter 3 of Part 3 substitute —
NEW PENSIONERS: FORMS P45 AND P46(PEN)
.
12
In regulation 55 (PAYE pension income paid by former employer) —
a
in each of paragraphs (3), (4) and (5), for “retirement statement” substitute “Form P46(Pen)”;
b
in paragraph (3)(b), for “a copy” substitute “a copy of the information”;
c
in paragraph (4) —
i
in sub-paragraph (b), omit “if known,”,
ii
after sub-paragraph (b), insert —
ba
the pensioner’s date of birth,
bb
the pensioner’s sex,
,
iii
in sub-paragraph (i), for “and the frequency of the payments” substitute “annually”;
d
in paragraph (5) omit “delivered to Inland Revenue”.
13
In regulation 56(2) (PAYE pension income paid by other pension payer) —
a
omit the “and” that follows sub-paragraph (b);
b
add at the end —
d
the pensioner’s date of birth, and
e
the pensioner’s sex.
.
14
In regulation 57 —
a
for the heading substitute —
Information to be provided in Form P46(Pen) if code not known: non UK residents
;
b
in paragraph (2), for “Form P46” substitute “Form P46(Pen)”.
15
In regulation 58 —
a
for the heading substitute —
Information (Form P46(Pen)) and procedure if code not known: UK residents
;
b
in paragraph (3), for “Form P46” substitute “Form P46(Pen)”.
16
In regulation 59(2) (UK resident pensioner’s code treated as issued by Inland Revenue), for “Form P46” substitute “Form P46(Pen)”.
17
In regulation 61(3)(b) (subsequent procedure on issue of UK resident pensioner’s code), for “(retirement statement)” substitute “(P46(Pen))”.
18
In regulation 186 (recovery: adjustment of employee’s code), in each of paragraphs (3)(b)(ii) and (4)(b), for “1st October” substitute “1st November”.
19
For regulation 207(1) (specified information) substitute —
1
In this Chapter, “specified information” means —
a
Part 1 of Form P45;
b
Part 3 of Form P45;
c
Form P46;
d
Form P46(Pen);
e
the return and accompanying information required by regulation 73 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)).
.
20
For regulation 210 (penalties and appeals) substitute —
Penalty for failing to deliver specified information
210
1
A specified employer who fails to deliver specified information or any part of it in accordance with regulation 205 is liable to a penalty.
2
The penalty must be determined in accordance with regulation 210A where the specified information concerned is the return and accompanying information required by regulation 73 (annual return of relevant payments liable to deduction of tax (Forms P35 and P14)).
3
The penalty must be determined in accordance with regulation 210B in all other cases.
4
Regulation 210C applies irrespective of how the penalty falls to be determined.
Penalty: regulation 73 return and accompanying information (Forms P35 and P14)
210A
Table 9 sets out the penalty for the tax years ending 5th April 2005 to 5th April 2009, depending on the number of employees for whom particulars should have been included with the specified information.
Table 9
Penalties: tax years ending 5th April 2005 to 5th April 2009
1. Number of employees for whom particulars should have been included with the specified information 2. Penalty
1 – 49 nil 50 – 249 nil for tax year ending 5th April 2005, £600 for subsequent years 250 – 399 £900 400 – 499 £1,200 500 – 599 £1,500 600 – 699 £1,800 700 – 799 £2,100 800 – 899 £2,400 900 – 999 £2,700 1000 or more £3,000
Penalty: Form P45 (Part 1 or Part 3), P46 or P46(Pen)
210B
1
This regulation applies for the tax quarter ending on 5th April 2010 and the tax year ending on 5th April 2011 (the “relevant period”).
2
Table 9A sets out the penalties for the relevant period depending on the number of items of specified information the employer has failed to deliver in each tax quarter falling within that period.
Table 9A
Penalties: tax quarter ending 5th April 2010 and tax year ending 5th April 2011
1. Number of items of specified information the employer has failed to deliver in the tax quarter 2. Penalty
1 – 5 Nil 6 – 49 £100 50 – 149 £300 150 – 299 £600 300 – 399 £900 400 - 499 £1,200 500 – 599 £1,500 600 - 699 £1,800 700 – 799 £2,100 800 – 899 £2,400 900 – 999 £2,700 1000 or more £3,000
3
Each of the types of specified information mentioned in sub-paragraphs (a) to (d) of regulation 207(1) counts as a separate item of specified information for this purpose.
4
An item of specified information counts even if it relates to the same employee as one or more other items.
Appeals and interest
210C
1
An employer is not liable to a penalty if the employer had a reasonable excuse for failing to comply with regulation 205 which had not ceased at the time the specified information was delivered.
2
A notice of appeal against a determination under section 100 of TMA of a penalty can only be on the grounds that —
a
the employer is not a specified employer, subject to paragraph (3),
b
the employer did comply with regulation 205,
c
the amount of the penalty is incorrect, or
d
paragraph (1) applies.
3
An employer may not appeal on the grounds that the employer is not a specified employer if the employer has already appealed under regulation 208(2) (appeal against e-filing notice).
4
Section 103A of TMA (interest on penalties) applies to this penalty.
.
21
In regulation 211(4) (how information must or may be delivered by employers), in Table 10 —
a
for the entry relating to regulation 55(3)(a) substitute —
55(3)(a) information on retirement P46(Pen) yes yes
b
in column 3 of each of the entries relating to regulations 57(2) and 58(3), for “Form P46” substitute “Form P46(Pen)”.
22
In regulation 212 —
a
for the heading substitute —
Modifications for electronic version of Form P46(Pen)
;
b
in paragraph (1), for “the statement required by regulation 55(3)(a) (pensioner’s retirement statement: Form P160)” substitute “Form P46(Pen)”; and
c
in paragraph (2) —
i
for “retirement statement” substitute “Form P46(Pen)”,
ii
in each of sub-paragraphs (i) and (l), omit “if known,”.
23
In regulation 213(3) (how information may be delivered by Inland Revenue), in Table 11, add at the end —
199(1) e-payment notice MP(L)(Band 1) yes 206(1) e-filing notice MP(L)(Band 1) yes
24
In regulation 215 —
a
for the heading substitute —
Meaning of Form P45, P46 and P46(Pen)
;
b
for the definition of “Form P46” substitute —
“Form P46” means the form provided or approved for use in accordance with regulation 46 (form P46 where employer does not receive P45 and code not known);
; and
c
after that definition add —
“Form P46(Pen)” means the form provided or approved for use in accordance with regulation 55(3)(a), 57(2) or 58(3).
.
Paul Gray
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
12th October 2007


text:
Title, application and commencement
1
1
These Regulations may be cited as the Avian Influenza (Fees for the Licensed Vaccination of Birds) (England) Regulations 2007.
2
These Regulations apply in England only and come into force on 23rd April 2007.
Fees relating to the vaccination of birds
2
1
The Secretary of State may charge an applicant a fee in respect of any of the expenses set out in paragraph (2) which the Secretary of State reasonably incurs in connection with a licence to —
a
vaccinate a bird in a zoo against avian influenza under regulation 9(1)(c) of the Avian Influenza (Preventive Measures) (England) Regulations 2006 (“the Preventive Measures Regulations”);
b
vaccinate poultry, other captive birds or any category of poultry or other captive birds against avian influenza under regulation 7(1)(a) of the Avian Influenza (Vaccination) (England) Regulations 2006 (“the Vaccination Regulations”);
c
move a vaccinated zoo bird under regulation 11(1) of the Preventive Measures Regulations; or
d
release a vaccinated zoo bird under regulation 11(5) of those Regulations.
2
The expenses are those incurred by the Secretary of State in —
a
issuing, amending or renewing a licence;
b
ensuring the applicant complies with the conditions of a licence;
c
providing vaccine to the applicant;
d
disposing of any vaccine;
e
supplying and applying means of identification to a vaccinated bird;
f
monitoring vaccination at premises the subject of a licence;
g
carrying out surveillance of a bird vaccinated at such premises;
h
sampling and testing samples from any bird which is —
i
at such premises;
ii
at any premises to which a vaccinated bird is moved;
iii
inspected because it is at premises with an epidemiological link with premises where a bird has been vaccinated.
3
An applicant must pay all fees charged by the Secretary of State under these Regulations within 14 days of the date of a notice from the Secretary of State requiring him to do so.
4
If the Secretary of State introduces compulsory vaccination at any premises before licensed vaccination under regulation 9(1)(c) of the Preventive Measures Regulations or regulation 7(1)(a) of the Vaccination Regulations has been completed there, he must refund an appropriate sum to the applicant.
5
An “applicant” is a person who applies for a licence referred to in regulation 2(1).
6
“An appropriate sum” is such proportion of any fee paid by an applicant under this regulation as the Secretary of State thinks fit, having regard to any reasonable costs the Secretary of State has incurred in connection with the licence.
7
“Compulsory vaccination” is —
a
in the case of vaccination under the Preventive Measures Regulations, vaccination —
i
carried out by the Secretary of State under regulation 9(1)(a) of those Regulations; or
ii
required by him under regulation 9(1)(b) of those Regulations;
b
in the case of vaccination under the Vaccination Regulations, vaccination required by the Secretary of State under regulation 8(1) of those Regulations.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
8th March 2007
We consent
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Wireless Telegraphy (Limitation of Number of Spectrum Access Licences) (No. 2) Order 2007 and shall come into force on 21st December 2007.
2
This Order shall not extend to the Channel Islands or to the Isle of Man.
Limitation of licences
2
1
OFCOM shall grant a limited number of wireless telegraphy licences for the use of the following frequency bands in the United Kingdom —
10.125–10.225 GHz ;
10.475–10.575 GHz;
27.8285–28.0525 GHz;
28.0525–28.1645 GHz;
28.1925–28.3045 GHz;
28.3325–28.4445 GHz;
28.8365–29.0605 GHz;
29.0605–29.1725 GHz;
29.2005–29.3125 GHz;
29.3405–29.4525 GHz;
31.815–32.571 GHz;
32.627–33.383 GHz;
40.50–42.00 GHz;
42.00–43.50 GHz.
2
In determining the number of licences to be granted for the use of these frequency bands and the persons to whom the licences will be granted, OFCOM shall apply the procedure set out in the Wireless Telegraphy (Licence Award) (No. 2) Regulations 2007 .
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
30th November 2007


text:
Citation and commencement
1
These Regulations may be cited as the Children and Young People’s Plan (England) (Amendment) Regulations 2007 and come into force on 19th February 2007.
Amendment of the Children and Young People’s Plan (England) Regulations 2005
2
The Children and Young People’s Plan (England) Regulations 2005 are amended in accordance with regulations 3 to 6.
3
In regulation 2, insert the following definitions at the appropriate places —
“proprietor” has the same meaning as in section 579 of the Education Act 1996 ;
;
“school” has the same meaning as in section 4 of the Education Act 1996;
.
4
In regulation 4(2), for sub-paragraph (a) substitute —
a
a statement as to how the authority intend to achieve the improvements referred to in regulation 4(1), with specific reference to the following —
i
the integration of services provided by the authority and its relevant partners to improve the well-being of children and relevant young persons;
ii
arrangements made by the authority under section 11(2) of the Children Act 2004 (arrangements to safeguard and promote welfare); and
iii
arrangements for early intervention and preventative action;
.
5
In regulation 7 —
a
in paragraph (1)(g), omit “and”; and
b
after paragraph (1)(h), insert —
i
the proprietor of each school in the authority’s area;
j
the schools forum for the authority’s area; and
k
the admission forum for the authority’s area.
.
6
In regulation 9 and in its heading —
a
for “excellent” in each place where the word occurs, substitute “four stars”;
b
after paragraph (3) add —
4
Where a children’s services authority —
a
was categorised as excellent by reason of the Local Authorities (Categorisation) (England) (No.2) Order 2005 , and
b
is not categorised as four stars by reason of the Local Authorities (Categorisation) (England) Order 2006 ,
regulations 3 to 8 apply to the authority so as to require the authority to publish a plan on or before 1st May 2007.
.
Transitional provisions
7
1
The amendments made by regulations 3 to 5 of these Regulations do not apply in relation to any plan that is published before 1st October 2007.
2
The amendments made by regulation 6(a) of these Regulations do not have any effect in relation to a children’s services authority which, immediately before the coming into force of these Regulations, was required by virtue of regulation 9(2) and (3) of the Children and Young People’s Plan (England) Regulations 2005 to publish a plan on or before 1st April 2007.
Beverley Hughes
Minister of State
Department for Education and Skills
11th January 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) (Amendment No.2) Regulations 2007 and shall come into force on 1st October 2007.
2
These Regulations apply in relation to England.
3
In these Regulations —
a
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ; and
b
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .
Modifications of the Income Support Regulations in Schedule 1 to the Travel Expenses and Remission of Charges Regulations
2
1
Schedule 1 to the Travel Expenses and Remission of Charges Regulations (Modifications of the Income Support (General) Regulations 1987) is amended as follows.
2
In Table A, in the modifications to Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) for the first entry substitute —
In paragraph 15(1) for “sub-paragraph (3)” substitute “sub-paragraphs (1A), (1B) and (3)”.
Insert after paragraph 15(1) —
1A
In respect of a voluntary payment made to a student, sub-paragraph (1) shall only apply to £20 of that payment.
1B
The total amount disregarded in respect of voluntary payments to a student under sub-paragraph (1) shall not exceed £20 per week.
1C
In sub-paragraphs (1A) and (1B) “student” has the meaning given in regulation 61(1).
.
.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State
Department of Health
4th September 2007


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Prescribed Period following Appeal) Regulations 2007 and shall come into force at 2pm on 31st October 2007.
Prescribed period
2
The prescribed period for the purposes of section 17(4) of the UK Borders Act 2007 (support for failed asylum-seekers) is –
a
where an appeal has been disposed of by being allowed, 28 days; and
b
in all other cases, 21 days.
Liam Byrne
Minister of State
Home Office
30th October 2007


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
2
For regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 substitute —
1
For the purposes of section 181 of the Income Tax (Earnings and Pensions) Act 2003 (“section 181”) the rate applicable under section 178 shall, on and after 6th April 2007 and subject to paragraph (2), be 6.25 per cent. per annum.
.
3
In regulation 5(2) for “section 160” substitute “section 181”.
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2007


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) (Amendment) Order 2007 and shall come into force on 3rd April 2007.
2
In articles 2(2) and 4(1) of the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 , for the words “4th April 2007” there shall be substituted the words “4th April 2009”.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Home Office
14th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2007 and come into force on 1st August 2007.
Amendment of the Child Support (Collection and Enforcement) Regulations 1992
2
1
Amend the Child Support (Collection and Enforcement) Regulations 1992 in accordance with this regulation.
2
In regulation 22 (appeals against deduction from earnings orders) —
a
in paragraph (1) for “, having jurisdiction in the area in which he resides”, substitute “of the sheriffdom in which he resides”;
b
at the beginning of paragraph (2)(b) insert “where the liable person is resident in the United Kingdom,”;
c
after paragraph (2)(b) insert —
c
where the liable person is not resident in the United Kingdom, be made within 56 days of the date on which the matter appealed against arose.
.
3
In regulation 27 (notice of intention to apply for a liability order) —
a
at the beginning of paragraph (1) insert “Subject to paragraph (1A),”;
b
after paragraph (1) insert —
1A
Where the liable person is not resident in the United Kingdom, the Secretary of State shall give the liable person at least 28 days notice of his intention to apply for a liability order under section 33(2) of the Act.
.
4
In paragraph (1) of regulation 28 (application for a liability order), omit “having jurisdiction in the area in which the liable person resides”;
5
In paragraph (1) of regulation 31 (appeals in connection with distress), omit “having jurisdiction in the area in which he resides”;
6
In paragraph (1) of regulations 33 (application for warrant of commitment) and 35 (disqualification from driving order), omit “having jurisdiction for the area in which the liable person resides”.
Amendment of the Child Support (Information, Evidence and Disclosure) Regulations 1992
3
1
Amend the Child Support (Information, Evidence and Disclosure) Regulations 1992 in accordance with this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) at end insert —
“taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005 .
3
In regulation 3(2)(h) (purposes for which information or evidence may be required) omit —
a
“total”; and
b
“as submitted to, or as issued to him by, the Inland Revenue,”.
Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992
4
1
Amend Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (calculation of N and M) in accordance with this regulation.
2
In paragraph 2A —
a
in sub-paragraph (1) omit “2B,”;
b
in sub-paragraph (2) omit —
i
“total”; and
ii
“as submitted to the Inland Revenue”;
c
in sub-paragraph (3) omit “total”; and
d
at end insert —
5
For the purposes of this paragraph, “taxable profits” means profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.
6
A self-employed earner who is a person with care or an absent parent shall provide to the Secretary of State on demand a copy of —
a
any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and
b
any revised notice issued to him by Her Majesty’s Revenue and Customs.
.
3
Omit paragraph 2B.
4
For paragraph 2C substitute —
2C
Where the Secretary of State accepts that it is not reasonably practicable for a self-employed earner to provide any of the information specified in paragraph 2A(6), “earnings” in relation to that earner shall be calculated in accordance with paragraph 3.
.
5
In sub-paragraph (4)(b) of paragraph 3 omit sub-paragraphs (i), (iii), (iv), (v) and (vii).
6
In paragraph 5A —
a
omit “total” in each place where it appears; and
b
omit sub-paragraph (3).
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000
5
1
Amend Part 3 of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 in accordance with this regulation.
2
In paragraph 7 —
a
for the title “Figures submitted to the Inland Revenue”, substitute “Net weekly income of non-resident parent as a self-employed earner”;
b
for sub-paragraph (1) substitute —
1
Subject to sub-paragraph (6) and to paragraph 8, the net weekly income of the non-resident parent as a self-employed earner shall be his gross earnings less the deductions to which sub-paragraph (3) applies.
;
c
after sub-paragraph (1) insert —
1A
In this paragraph and paragraph 8 a person’s “gross earnings” are his taxable profits calculated in accordance with Part 2 of the Income Tax (Trading and Other Income) Act 2005.
;
d
for sub-paragraph (2) substitute —
2
The non-resident parent shall provide to the Secretary of State on demand a copy of —
a
any tax calculation notice issued to him by Her Majesty’s Revenue and Customs; and
b
any revised tax calculation notice issued to him by Her Majesty’s Revenue and Customs.
;
and
e
omit sub-paragraph (7).
3
In paragraph 8 —
a
in sub-paragraph (1) —
i
in paragraph (b) omit “ or;” and
ii
omit paragraph (c);
b
in sub-paragraph (3)(b) omit sub-paragraphs (i), (iii), (iv), (v) and (vii).
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2007 and shall come into force on 5th October 2007.
Amendment of Regulations
2
1
The Motor Cycles Etc. (EC Type Approval) Regulations 1999 shall be amended as follows.
2
In regulation 3 (interpretation) in paragraph (1) —
a
for the definition of “the Framework Directive” there shall be substituted —
“the Framework Directive” means Directive 2002/24/EC of the European Parliament and of the Council of 18 th March 2002 relating to the type approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EC , as amended from time to time
; and
b
at the end of the definition of “separate Directive” there shall be added “as amended from time to time”.
3
In Schedule 1 (separate directives) —
a
for the heading “Amending Directives” there shall be substituted “Amending Directives adopted before 28th April 2005”;
b
in the column headed “Principal Directives” —
i
in relation to item 1 for the entry “93/14/ EEC ” there shall be substituted “93/14/EEC‡” ;
ii
in relation to item 7 for the entry “93/34/EEC” there shall be substituted “93/34/EEC‡” ;
iii
in relation to item 11 for the entry “95/1/EC†” there shall be substituted “95/1/EC†‡” ;
iv
in relation to item 12 for the entry “97/24/EC†” there shall be substituted “97/24/EC†‡” ;
c
in the column headed “Amending Directives” in relation to item 12 for the entry “ 2005/30/EC *” there shall be substituted “ 2005/30/EC *‡” ; and
d
at the end there shall be added —
‡ Note: for the purposes of section 20A of the Interpretation Act 1978 , the Directives marked with a ‡ have been amended by one or more Directives adopted after 27th April 2005 and before 5th October 2007.
.
Signed by authority of the Secretary of State
Tom Harris
Parliamentary Under Secretary of State
Department for Transport
8th September 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Tees Primary Care Trust (Change of Name) Order 2007 and shall come into force on 13th December 2007.
2
In this Order —
“ the Order ” means the North Tees Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the Primary Care Trust established by the Order.
Change of name of Primary Care Trust and transitional provision
2
1
The trust shall be called the North Tees Teaching Primary Care Trust instead of the North Tees Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “North Tees” substitute “North Tees Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed on behalf of the Secretary of State for Health
Ann Keen
Parliamentary Under Secretary of State
Department of Health
3rd December 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Excluded Days of Detention) (England) Regulations 2007 and come into force on 4th June 2007.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“non-teaching day” means a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of a school other than teaching;
“public holiday” means Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 ;
“school day” means a day on which the school meets; and
“weekday” means a day other than a Saturday or Sunday.
Days excluded from the definition of permitted days of detention
3
1
A non-teaching day is not a permitted day of detention if it falls on a public holiday (whether or not it would be excluded from being a permitted day of detention under these Regulations but for this paragraph).
2
Subject to paragraph (5) , a non-teaching day is not a permitted day of detention if it falls within paragraph (3) or (4) .
3
A non-teaching day falls within this paragraph if it falls within a term and it —
a
precedes the first school day of the term;
b
falls during the half-term break; or
c
falls after the last school day of the term.
4
A non-teaching day falls within this paragraph if it does not fall within a term.
5
A non-teaching day falling within sub-paragraphs (3) (b) or (c) is not excluded from being a permitted day of detention if all of the following conditions are satisfied —
a
it is a weekday;
b
it is a day immediately following the day on which the school breaks up; and
c
it is not a public holiday.
6
For the purposes of paragraph (5) a reference to the day on which a school breaks up is a reference, as the case may be, to the last school day before a half-term break or the last school day of the term.
Jim Knight
Minister of State
Department for Education and Skills
19th April 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Taxation of Securitisation Companies (Amendment) Regulations 2007 and shall come into force on 27th December 2007 immediately after the coming into force of the Securitisation Companies (Application of Section 83(1) of the Finance Act 2005: Accounting Standards) Regulations 2007 .
2
Subject to paragraph (3), these Regulations have effect from the beginning of periods of account beginning on or after 1st January 2007 and current on 3rd December 2007.
3
Regulation 2(2) does not apply to a company to which the Taxation of Securitisation Companies Regulations 2006 applies in relation to a capital market arrangement in existence on 3rd December 2007.
Amendments to the Taxation of Securitisation Companies Regulations 2006
2
1
The Taxation of Securitisation Companies Regulations 2006 are amended as follows.
2
In regulation 2 (interpretation) in paragraph (1) in the definition of “financial asset” —
a
in subparagraph (a) at the beginning insert “subject to paragraph (b)(ii)”; and
b
for paragraph (b) substitute —
b
does not include —
i
shares (other than shares in a securitisation company which is party to the capital market arrangement);
ii
derivative contracts as defined for the purposes of Schedule 26 to the Finance Act 2002 where the underlying subject matter is or includes shares (other than shares in a securitisation company which is party to the capital market arrangement) or land;
iii
loan relationships with embedded derivatives within section 94A(1) of the Finance Act 1996 (loan relationships with embedded derivatives) where the underlying subject matter of the embedded derivative is or includes shares or land;
iv
relevant assets within paragraph 7(1) of Schedule 6 to the Finance ( No. 2) Act 2005 (loan relationships with embedded derivatives) where the underlying subject matter of any embedded derivative is or includes shares or land.
.
3
In regulation 3 (scope of these Regulations) in paragraph (2)(c) for “regulation 13” substitute “regulations 13 and 13A”.
4
In regulation 6 (meaning of “asset-holding company”) in paragraph (3) after “company’s” insert “initial”.
5
In regulation 7 (meaning of “intermediate borrowing company”) —
a
in paragraph (2) after sub-paragraph (a) insert —
aa
a partnership that would be an asset-holding company if it were a company,
,
b
in paragraph (3) after “company’s” insert “initial”.
6
In regulation 8 (meaning of “warehouse company”) —
a
renumber regulation 8 as 8(1);
b
at the end insert —
2
For the purposes of these Regulations the business of a warehouse company described in paragraph (1) shall be referred to as a “warehouse arrangement”.
.
7
In regulation 10 (meaning of “retained profit”) in paragraph (1) —
a
for “or a” substitute “, a”;
b
after “transaction” insert “or a warehouse arrangement”.
8
In regulation 12 (securitisation companies that have an unallowable purpose) in paragraph (4) in the definition of “tax advantage” for “section 709(1)” substitute “section 840ZA” .
9
After regulation 13 insert —
Securitisation companies to which section 83 of the Finance Act 2005 does not apply
13A
These Regulations do not apply to a company in a case where —
a
section 83(1) of the Finance Act 2005 does not apply by virtue of an election under regulation 2 of the Securitisation Companies (Application of Section 83(1) of the Finance Act 2005: Accounting Standards) Regulations 2007, and
b
the company continues to be party to the arrangement or transaction referred to in paragraph (1)(b) of regulation 2 of those Regulations.
.
10
In regulation 19 (non-application of provisions of Schedule 9 to the Finance Act 1996) insert the following paragraphs at the end —
3
Paragraph 17 of that Schedule (deeply discounted securities where companies have a connection) shall not apply if the person standing in the position of a creditor as respects a security within that paragraph is a securitisation company.
4
Paragraph 18 of that Schedule (deeply discounted securities of close companies) shall not apply if the person standing in the position of a creditor as respects a security within that paragraph is a securitisation company.
.
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd December 2007


text:
1
This Order may be cited as the Keighley College (Dissolution) Order 2007 and comes into force on 1st August 2007.
2
On 1st August 2007 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Park Lane College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2007 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2007;
c
to the transferor were to the corporation; and
d
to the corporation were to Park Lane College.
Bill Rammell
Minister of State
Department for Education and Skills
19th June 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Patents (Compulsory Licensing and Supplementary Protection Certificates) Regulations 2007.
2
These Regulations come into force on 17th December 2007.
3
These Regulations have the same extent as the Patents Act 1977 , except that they do not extend to the Isle of Man.
Amendments to the Patents Act 1977
2
1
The Patents Act 1977 is amended as follows.
2
After section 128 insert —
EU compulsory licences
128A
1
In this Act an “EU compulsory licence” means a compulsory licence granted under Regulation (EC) No 816/2006 of the European Parliament and of the Council of 17 May 2006 on compulsory licensing of patents relating to the manufacture of pharmaceutical products for export to countries with public health problems (referred to in this Act as “the Compulsory Licensing Regulation”).
2
In the application to EU compulsory licences of the provisions of this Act listed in subsection (3) —
a
references to a licence under a patent,
b
references to a right under a patent, and
c
references to a proprietary interest under a patent,
include an EU compulsory licence.
3
The provisions referred to in subsection (2) are —
sections 32 and 33 (registration of patents etc);
section 37 (determination of right to patent after grant);
section 38 (effect of transfer etc of patent under section 37), apart from subsection (2) and subsections (3) to (5) so far as relating to subsection (2);
section 41 (amount of compensation);
section 46(2) (notice of application for entry that licences are available as of right);
section 57(1) and (2) (rights of third parties in respect of Crown use).
4
In the following provisions references to this Act include the Compulsory Licensing Regulation —
sections 97 to 99B, 101 to 103, 105 and 107 (legal proceedings);
section 119 (service by post);
section 120 (hours of business and excluded days);
section 121 (comptroller’s annual report);
section 123 (rules);
section 124A (use of electronic communications);
section 130(8) (disapplication of Part 1 of Arbitration Act 1996).
5
In section 108 (licences granted by order of comptroller) the reference to a licence under section 11, 38, 48 or 49 includes an EU compulsory licence.
6
References in this Act to the Compulsory Licensing Regulation are to that Regulation as amended from time to time.
Supplementary protection certificates
128B
1
Schedule 4A contains provision about the application of this Act in relation to supplementary protection certificates and other provision about such certificates.
2
In this Act a “supplementary protection certificate” means a certificate issued under —
a
Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products , or
b
Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products .
.
3
After Schedule 4 insert —
SCHEDULE 4A
SUPPLEMENTARY PROTECTION CERTIFICATES
References to patents etc
1
1
In the application to supplementary protection certificates of the provisions of this Act listed in sub-paragraph (2) —
a
references to a patent are to a supplementary protection certificate;
b
references to an application or the applicant for a patent are to an application or the applicant —
i
for a supplementary protection certificate, or
ii
for an extension of the duration of a supplementary protection certificate;
c
references to the proprietor of a patent are to the holder of a supplementary protection certificate;
d
references to the specification of a patent are to the text of a supplementary protection certificate;
e
references to a patented product or an invention (including a patented invention) are to a product for which a supplementary protection certificate has effect;
f
references to a patent having expired or having been revoked are to a supplementary protection certificate having lapsed or having been declared invalid;
g
references to proceedings for the revocation of a patent are to proceedings —
i
for a decision that a supplementary protection certificate has lapsed, or
ii
for a declaration that a supplementary protection certificate is invalid;
h
references to the issue of the validity of a patent include the issue of whether a supplementary protection certificate has lapsed or is invalid.
2
The provisions referred to in sub-paragraph (1) are —
section 14(1), (9) and (10) (making of application);
section 19(1) (general power to amend application before grant);
sections 20A and 20B (reinstatement of applications);
section 21 (observations by third party on patentability);
section 27 (general power to amend specification after grant);
section 29 (surrender of patents);
sections 30 to 36, 37(1) to (3) and (5) to (9) and 38 (property in patents and applications, and registration);
sections 39 to 59 (employees’ inventions, licences of right and compulsory licences and use of patented inventions for services of the Crown);
sections 60 to 71 (infringement);
section 74(1) and (7) (proceedings in which validity of patent may be put in issue);
section 75 (amendment of patent in infringement or revocation proceedings);
sections 103 and 105 (privilege for communications relating to patent proceedings);
section 108 (licences granted by order of comptroller);
sections 110 and 111 (unauthorised claim of patent rights or that patent has been applied for);
section 116 (immunity of department as regards official acts);
sections 117 to 118 (administrative provisions);
section 123 (rules);
section 130 (interpretation).
2
1
In the case of the provisions of this Act listed in sub-paragraph (2), paragraph 1 applies in relation to an application for a supplementary protection certificate only if the basic patent expires before the certificate is granted.
2
The provisions referred to in sub-paragraph (1) are —
section 20B(3) to (6A) (effect of reinstatement under section 20A);
section 55(5) and (7) (use of patented inventions for services of the Crown);
section 58(10) (disputes as to Crown use);
section 69 (infringement of rights conferred by publication of application);
section 117A(3) to (7) (effect of resuscitating a withdrawn application under section 117).
References to this Act etc
3
1
In the provisions of this Act listed in sub-paragraph (2) —
a
references to this Act include the Medicinal Products Regulation and the Plant Protection Products Regulation, and
b
references to a provision of this Act include any equivalent provision of the Medicinal Products Regulation and the Plant Protection Products Regulation.
2
The provisions referred to in sub-paragraph (1) are —
sections 20A and 20B (reinstatement of applications);
section 21 (observations by third party on patentability);
section 69 (infringement of rights conferred by publication of application);
section 74(1) and (7) (proceedings in which validity of patent may be put in issue);
sections 97 to 99B, 101 to 103, 105 and 107 (legal proceedings);
section 116 (immunity of department as regards official acts);
sections 117 and 118 to 121 (administrative provisions);
section 122 (Crown’s right to sell forfeited articles);
section 123 (rules);
section 124A (use of electronic communications);
section 130 (interpretation).
Other references
4
1
In the application of section 21(1) (observations by third party on patentability) to supplementary protection certificates, the reference to the question whether the invention is a patentable invention is to the question whether the product is one for which a supplementary protection certificate may have effect.
2
In the application of section 69(2) (conditions for infringement of rights conferred by publication of application) to supplementary protection certificates, the condition in paragraph (b) is that the act would, if the certificate had been granted on the date of the publication of the application, have infringed not only the certificate as granted but also the certificate for which the application was made.
Fees
5
A supplementary protection certificate does not take effect unless —
a
the prescribed fee is paid before the end of the prescribed period, or
b
the prescribed fee and any prescribed additional fee are paid before the end of the period of six months beginning immediately after the prescribed period.
Interpretation
6
1
Expressions used in this Act that are defined in the Medicinal Products Regulation or the Plant Protection Products Regulation have the same meaning as in that Regulation.
2
References in this Act to, or to a provision of, the Medicinal Products Regulation or the Plant Protection Products Regulation are to that Regulation or that provision as amended from time to time.
7
In this Act —
a
“the Medicinal Products Regulation” means Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, and
b
“the Plant Protection Products Regulation” means Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products.
.
Amendments to the Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002
3
1
The Patents and Plant Variety Rights (Compulsory Licensing) Regulations 2002 are amended as follows.
2
In regulation 2(1) —
a
for the definition of “Patents Fees Rules” substitute —
“Patents (Fees) Rules” means the Patents (Fees) Rules 2007 ;
; and
b
for the definition of “Patents Rules” substitute —
“Patents Rules” means the Patents Rules 2007 ;
.
3
In regulation 22(2), omit the words “in rule 71(1) of the Patents Rules and”.
Revocations
4
The following instruments are revoked —
a
the Patents (Supplementary Protection Certificate for Medicinal Products) Regulations 1992 ; and
b
the Patents (Supplementary Protection Certificate for Plant Protection Products) Regulations 1996 .
Triesman
Parliamentary Under Secretary of State for Intellectual Property and Quality
Department for Innovation, Universities and Skills
19th November 2007