text:
PART 1
Introductory
Title, application and commencement
1
These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, apply in relation to England only and come into force on 31st October 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“advertisement” and “advertise” shall have the same meanings as those given to them in regulation 2(1) of the Food Labelling Regulations 1996 ;
“the Agency” means the Food Standards Agency;
“authorised ozone-enriched air oxidation technique” means —
a treatment with ozone-enriched air authorised and carried out in accordance with Schedule 1; or
in the case of water brought into England from other parts of the United Kingdom or from another EEA State a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State;
“bottle”, the noun, means a closed container of any kind in which water is sold for drinking by humans or from which water sold for drinking by humans is derived, and “bottle”, the verb, and cognate expressions, shall be construed accordingly;
“Directive 80/777” means Council Directive 80/777/ EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters ;
“Directive 98/83” means Council Directive 98/83/ EC relating to the quality of water intended for human consumption ;
“Directive 2003/40” means Commission Directive 2003/40/EC establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters ;
“drinking water” means water which is intended for sale for drinking by humans other than —
natural mineral water; or
water bottled in a bottle marked or labelled “spring water” in accordance with regulation 11;
“effervescent natural mineral water” means natural mineral water which, at source or after bottling, gives off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure;
“natural mineral water” means water which —
is microbiologically wholesome;
originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;
can be clearly distinguished from ordinary drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which origin shall have been protected from all risk of pollution —
its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects,
its original state; and
is for the time being recognised pursuant to and in accordance with regulation 4;
“parameter” means a property, element, organism or substance listed in the second column of any Table in Part 2 of Schedule 2;
“prescribed concentration or value”, in relation to any parameter, means the concentration or value specified in relation to that parameter in any Table in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;
“relevant authority” means the council of a district or London Borough; and
“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.
2
Other expressions used both in these Regulations and in Directive 80/777 or Directive 98/83 have the same meaning in these Regulations as they bear in the Directive concerned.
3
Any reference in these Regulations to a numbered Article or Annex is, save where the contrary intention appears, a reference to the Article or Annex so numbered in Directive 80/777.
4
Any reference in these Regulations to the marking or labelling of a bottle includes both marking or labelling done before any water is bottled and marking or labelling done after bottling.
Exemptions
3
1
These Regulations do not apply to any water which —
a
has a product licence issued under the provisions of the Medicines Act 1968 , or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc. ) Regulations 1994 , or a marketing authorisation within the meaning of the Veterinary Medicines Regulations 2005 ;
b
is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;
c
is not intended for sale for drinking by humans; or
d
is a natural mineral water intended for export to a country other than an EEA State.
2
These Regulations do not apply to packaged ice portions intended for use in cooling food.
PART 2
Natural mineral water
Recognition as natural mineral water
4
1
Water is recognised as natural mineral water where —
a
in the case of water extracted from the ground in England, recognition is granted by the relevant authority in accordance with Part 1 of Schedule 3;
b
in the case of water extracted from the ground in another part of the United Kingdom, it is recognised there pursuant to Directive 80/777 by a responsible authority of that part of the United Kingdom;
c
in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there pursuant to Directive 80/777 by a responsible authority of that EEA State; and
d
in the case of water extracted from the ground in a country other than an EEA State —
i
it is recognised by the Agency, in accordance with Part 2 of Schedule 3, or
ii
it has an equivalent recognition, given by a responsible authority of —
aa
another part of the United Kingdom, or
bb
an EEA State other than the United Kingdom.
2
Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found —
a
by analysis in accordance with Part 3 of Schedule 3, that the requirements of paragraph 3 of that Part are not met;
b
that the requirements of Schedule 4 are not met; or
c
that the content of the water is not in accordance with paragraph 2(c) of Part 1 or, as the case may be, paragraph 2(c) of Part 2 of Schedule 3,
the relevant authority or, as the case may be, the Agency, may withdraw that recognition until such time as the requirements concerned are met.
3
Where —
a
the relevant authority declines to grant or withdraws recognition of a water; or
b
the Agency declines to grant or withdraws recognition of a water,
the person who exploits or wishes to exploit the spring from which that water emerges or, if different, the person who owns the land on which that spring is situated, may apply to the Agency for a review of that decision.
4
Upon an application for review of a decision being made under paragraph (3), the Agency shall make such inquiry into the matter as may seem to it to be appropriate and, having considered the results of that inquiry and any relevant facts elicited by it, shall either —
a
confirm the decision; or
b
direct the relevant authority to grant or restore, or itself restore, as appropriate, recognition of the water in question.
5
A person who exploits a spring from which there is extracted water which is recognised as a natural mineral water in accordance with paragraph (1)(a) or (d)(i), may apply to the relevant authority or the Agency, as appropriate, to have that recognition withdrawn.
6
Where the relevant authority —
a
grants, restores or withdraws recognition, it shall immediately inform the Agency of that fact;
b
is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted, it shall immediately inform the Agency of that change; or
c
is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it shall immediately comply with that direction.
7
Any recognition of water as a natural mineral water granted under the Natural Mineral Waters Regulations 1985 or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 and subsisting on the date that these Regulations come into force shall —
a
in the case of water extracted from the ground in England, be treated as if it were recognition granted by the relevant authority under paragraph (1)(a); and
b
in the case of water extracted from the ground in a country other than an EEA State, be treated as if it were recognition granted by the Agency under paragraph (1)(d)(i); and
8
The publication in the Official Journal of the European Union of the name of any water as a natural mineral water recognised in the Community for the purposes of Directive 80/777 shall, save where recognition was granted in accordance with Schedule 3, be conclusive evidence that that water is recognised for the purposes of that Directive.
9
Schedule 5 shall have effect for the purposes specified for it in Schedule 3.
Exploitation of natural mineral water springs
5
1
No person shall exploit any spring for the purpose of marketing the water from it as natural mineral water unless —
a
the water extracted from that spring is natural mineral water;
b
the relevant authority has given permission for that spring to be exploited; and
c
the requirements of Schedule 4 are met.
2
Where it is found during exploitation that natural mineral water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4, no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.
Treatments and additions for natural mineral water
6
1
No person shall subject natural mineral water in its state at source to —
a
any treatment other than —
i
an authorised ozone-enriched air oxidation technique,
ii
the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties, or
iii
the total or partial elimination of free carbon dioxide by exclusively physical methods; or
b
any addition other than the introduction or the reintroduction of carbon dioxide to produce effervescent natural mineral water.
2
Paragraph (1) shall not prevent the use of natural mineral water in the manufacture of soft drinks.
Bottling of natural mineral water
7
1
No person shall bottle any natural mineral water which, at the time of bottling, contains any substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.
2
The methods used for detection of the substances listed in Schedule 6 shall conform to the performance characteristics for analysis specified in Schedule 7.
3
No person shall bottle any natural mineral water which does not meet the requirements of Schedule 4.
4
No person shall bottle any natural mineral water in any container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination.
Marking, labelling and advertising of natural mineral water
8
1
No person shall cause a natural mineral water to be bottled in a bottle marked or labelled with —
a
a trade description which includes the name of a locality, hamlet or other place, unless that trade description refers to a natural mineral water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;
b
a trade description which is different from the name of the spring or the place of its exploitation, unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;
c
any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity;
d
any indication other than those specified in sub–paragraphs (f) and (g) attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;
e
any indication listed in column 1 of the Table in Schedule 8, except where the natural mineral water meets the criterion so listed and corresponding to that indication;
f
the indication “may be diuretic” or “may be laxative” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico–chemical analysis and pharmacological, physiological or clinical examination, as appropriate;
g
the indication “stimulates digestion” or “may facilitate the hepato–biliary functions” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico–chemical analysis and pharmacological, physiological and clinical examination; or
h
a sales description other than —
i
in the case of an effervescent natural mineral water, one of the following, as appropriate —
aa
“naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances,
bb
“natural mineral water fortified with gas from the spring” to describe water whose content of carbon dioxide from the water table or deposit after decanting, if any, and bottling is greater than that established at source, or
cc
“carbonated natural mineral water” to describe water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes; and
ii
in the case of a natural mineral water other than an effervescent natural mineral water, “natural mineral water”.
2
No person shall cause natural mineral water to be bottled in a bottle unless the bottle is marked or labelled with —
a
a statement of analytical composition indicating the characteristic constituents of the water;
b
the name of the place where the spring is exploited and the name of the spring;
c
in any case where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de–carbonated” or “partially de–carbonated”, as appropriate;
d
in any case where it has undergone an authorised ozone-enriched air oxidation technique, the words “water subjected to an authorised ozone-enriched air oxidation technique”, which shall appear in proximity to the analytical composition of characteristic constituents; and
e
in any case where its fluoride concentration exceeds 1.5 mg/l —
i
the words “contains more than 1.5 mg/l of fluoride: not suitable for regular consumption by infants and children under 7 years of age”, which shall appear in proximity to the trade name and in clearly visible characters, and
ii
the actual fluoride content in relation to the physico-chemical composition, which shall be included within the statement referred to in paragraph (2)(a).
3
Where in accordance with paragraph (1)(b) a bottle containing a natural mineral water is required to be marked or labelled with the place of exploitation or the name of the spring —
a
the same requirement shall also apply to any written advertisement for that natural mineral water; and
b
in any other advertisement, at least equivalent prominence shall be given to the place of exploitation or the name of the spring as is given to the trade description.
4
No person shall advertise any natural mineral water under any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity.
5
No person shall advertise any natural mineral water in contravention of paragraph (3).
Sale of natural mineral water
9
1
No person shall sell any water bottled in a bottle the marking or labelling of which uses the name “natural mineral water” in or as the name of the water unless that water is natural mineral water.
2
No person shall sell any bottled natural mineral water —
a
which contains —
i
Parasites or pathogenic micro-organisms,
ii
Escherichia coli or other coliforms and faecal streptococci in any 250 ml sample examined,
iii
Sporulated sulphite-reducing anaerobes in any 50 ml sample examined, or
iv
Pseudomonas aeruginosa in any 250 ml sample examined;
b
where the total colony count of the water at the source from which that water was taken does not comply with paragraph 7 of Schedule 4;
c
where the revivable total colony count of that water is in excess of that which would result from the normal increase in the bacteria content which it had at source; or
d
where that water contains any organoleptic defect.
3
No person shall sell any bottled natural mineral water —
a
which has been extracted from a spring which is exploited in contravention of regulation 5;
b
which has been subjected to any treatment or addition in contravention of regulation 6; or
c
which is marked or labelled in contravention of regulation 8.
4
No person shall sell any natural mineral water from one and the same spring under more than one trade description.
PART 3
Spring water
Bottling of spring water and exploitation of spring water springs
10
1
No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless that water —
a
has been extracted from a spring; and
b
meets the requirements of Schedules 2 and 4.
2
No person shall cause any water which has been treated with ozone-enriched air to be bottled in a bottle marked or labelled spring water, unless that treatment is an authorised ozone-enriched air oxidation technique.
3
Where it is found during exploitation that spring water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4, no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.
Marking, labelling and advertising of spring water
11
1
No person shall cause any bottle to be marked or labelled with the description “spring water” unless the water contained in it —
a
is bottled as specified in regulation 10; and
b
is intended for consumption in its natural state.
2
No person shall cause any bottle containing water and marked or labelled with the description “spring water” to be marked or labelled with —
a
a trade description including the name of a locality, hamlet or other place, unless that trade description refers to water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring; or
b
a trade description that is different from the name of the spring or the place of its exploitation unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description.
3
No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless the bottle is also marked or labelled with —
a
the name of the place where the spring in question is exploited; and
b
the name of the spring; and
c
in any case where the water has undergone an authorised ozone-enriched air oxidation technique, the words “water subjected to an authorised ozone–enriched air oxidation technique”, which words shall appear in proximity to the particulars referred to in sub-paragraphs (a) and (b).
4
Where in accordance with paragraph (2)(b) a bottle containing spring water is required to be marked or labelled with the place of exploitation or the name of the spring —
a
the same requirement shall also apply to any written advertisement for that spring water; and
b
in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.
5
No person shall advertise any spring water in contravention of paragraph (4).
Sale of spring water
12
1
No person shall sell any water bottled in a bottle marked or labelled with the description “spring water” —
a
which has not been bottled in accordance with regulation 10; or
b
which is not marked or labelled in accordance with regulation 11.
2
No person shall sell water from one and the same spring, bottled in a bottle marked or labelled with the description “spring water”, under more than one trade description.
PART 4
Bottled drinking water
Bottling of drinking water
13
No person shall cause any drinking water to be bottled unless that water meets the requirements of Schedule 2.
Marking, labelling and advertising of bottled drinking water
14
No person shall —
a
cause any drinking water which does not satisfy the provisions of Section I of Annex I to be bottled in a bottle marked or labelled with —
i
any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water, or
ii
the description “mineral water”; or
b
cause any bottled drinking water which does not satisfy the provisions of Section I of Annex I to be advertised under —
i
any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water, or
ii
the description “mineral water”.
Sale of bottled drinking water
15
No person shall sell any bottled drinking water which —
a
has not been bottled in accordance with regulation 13; or
b
has not been marked or labelled in accordance with regulation 14.
PART 5
Miscellaneous and supplemental
Enforcement
16
1
Each relevant authority shall, within its area —
a
carry out periodic checks on any water which has been recognised as a natural mineral water to ensure that —
i
the composition, temperature and other essential characteristics of the water remain stable within the limits of natural fluctuation,
ii
without prejudice to head (i) above, the composition, temperature and other essential characteristics of the water are unaffected by any variations in the rate of flow,
iii
the viable colony count at source (before the water is subjected to any treatment) is reasonably constant, taking into account the qualitative and quantitative composition of the water considered in the recognition of the water and whether it continues to satisfy the requirements of Part 1 of Schedule 3, and
iv
the requirements of Schedule 4 are met in relation to the water.
2
Each relevant authority shall, within its area, carry out periodic checks on any ozone-enriched air oxidation technique authorised by it pursuant to Schedule 1, to ensure that the requirements of that Schedule continue to be satisfied.
3
Each food authority shall, within its area —
a
enforce and execute these Regulations; and
b
for the purposes of carrying out that function, take the steps required of member States and competent authorities by Article 7.1, 7.2, 7.3, and 7.6 of Directive 98/83 in relation to products to which that Directive and these Regulations apply.
Arrangements for samples taken for analysis
17
1
An authorised officer of a food authority who has procured a sample under section 29 of the Act and who considers that it should be analysed for the purposes of these Regulations shall deal with the sample in accordance with this regulation and for the purposes of this regulation “sample” includes one or more bottles of any water.
2
The authorised officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall —
a
with respect to one part of the sample comply with paragraphs (3) to (6); and
b
deal with the remaining parts in accordance with paragraph (7).
3
If the sample was purchased by the authorised officer, he shall give the part of the sample to the person from whom it was purchased.
4
If the sample is a sample of water brought into England and was taken by the authorised officer before delivery to a person who intends to sell that water in England, the officer shall give the part of the sample to that person.
5
If neither paragraph (3) nor paragraph (4) applies, the authorised officer shall give the part of the sample to the person appearing to be the owner of the water from which the sample was taken.
6
In every case to which paragraph (3), (4) or (5) applies, the authorised officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken, as appropriate, for the purpose of analysis by a public analyst.
7
The authorised officer shall, unless he decides not to have an analysis made, submit one of the remaining parts of the sample for analysis in accordance with section 30 of the Act and retain the other.
8
Any part of a sample which under this regulation is to be given to any person may be given by delivering it to him or to his agent or by sending it to him by registered post or the recorded delivery service; but where after reasonable enquiry the authorised officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given he may, in lieu of giving the part to that person, retain it.
9
If it appears to the authorised officer that any water, of which he has procured a sample for the purpose of analysis by a public analyst, was exploited or bottled by a person (not being a person to whom one part of the sample is required to be given by this regulation) having his name and an address in the United Kingdom displayed on the bottle or any other container, the officer shall, unless he decides not to have an analysis made, within three days of procuring the sample send to that person a notice informing him —
a
that the sample has been procured by the officer; and
b
where the sample was taken or, as the case may be, from whom it was purchased.
10
Where a sample taken or purchased by an authorised officer has been analysed by a public analyst, any person to whom a part of the sample was given under this regulation shall be entitled, upon request to the food authority, to be supplied with a copy of the certificate of analysis by that authority.
Secondary analysis by the Government Chemist
18
1
Where a part of a sample has been retained under regulation 17(7) and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned in regulation 17,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of his own volition;
b
shall if requested by the prosecutor (if a person other than the authorised officer);
c
shall if the court so orders; or
d
shall (subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent to him under paragraph (2) and send to the authorised officer a certificate of analysis.
4
Any certificate of analysis sent by the Government Chemist shall be signed by him or on his behalf, but the analysis may be carried out by a person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(d) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
Methods of analysis
19
Methods of analysis which accord with Article 7.5 of Directive 98/83 shall be used for the purposes of determining whether or not water satisfies the provisions of Schedule 2.
Offences and penalties
20
A person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if he contravenes regulation 5, 6(1), 7(1), (3), or (4), 8, 9, 10, 11, 12, 13, 14, 15 or 22(3).
Defences
21
1
In any proceedings for an offence under these Regulations it shall be a defence for the accused to show that —
a
the water was bottled and marked or labelled before these Regulations came into force; and
b
under the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999, no offence would have been committed by him.
2
In any proceedings for an offence under these Regulations where it is alleged that water does not meet the requirements in paragraph 1(c) of Part 1 of Schedule 2, it shall be a defence for the person accused to show that —
a
the water in question was bottled or sold in an EEA State other than the UK ; and
b
the water complied with the law in that EEA State when it was bottled or sold.
Application of other provisions
22
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumptions that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (g)
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by sub-paragraph (g);
j
section 35(2) and (3) insofar as they relate to offences under section 33(2) as applied by sub-paragraph (h)
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
2
Regulation 38 (intelligibility) of the Food Labelling Regulations 1996 shall apply to any name, description, indication, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, as it applies to particulars required to be labelled under the Food Labelling Regulations 1996.
3
No person shall sell any water to which these Regulations apply if the bottle in which it is bottled is not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations 1996 as applied by paragraph (2).
Revocation
23
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 are revoked in so far as they apply to England.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
19th September 2007


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2007 and shall come into force on 1st June 2007.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and extent
1
1
This Order may be cited as the Mental Health Act 2007 (Commencement No.1) Order 2007.
2
This Order extends to England and Wales.
Commencement
2
Section 45 of the Mental Health Act 2007 comes into force on 24th July 2007.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
23rd July 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
2
These Regulations extend to England and Wales.
Amendment of the 2002 Regulations
2
For regulation 9 (central records: prescribed details) of the Police Act 1997 (Criminal Records) Regulations 2002 substitute —
Central records: prescribed details
9
Information in any form relating to convictions, cautions, reprimands and warnings on a names database held by the National Policing Improvement Agency for the use of constables is prescribed as “central records” for the purposes of section 113A(6) of the Police Act 1997 (including that provision as applied by sections 114(3) and 116(3) ).
.
Joan Ryan
Parliamentary Under Secretary of State
Home Office
6th March 2007


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Pensions (Polish Forces) Scheme (Extension) Order 2007 shall be read as one with the Pensions (Polish Forces) Scheme 1964 , (referred to here as “the Scheme”) and shall come into force on 27th March 2007.
Extension of the Scheme
2
For the purposes of Article 14(1) of the Scheme (duration of the Scheme) the extended period of thirty years from and including 27th March 2007 is now specified, and accordingly payments under the Scheme shall be limited to such as fall due for payment before 27th March 2037.
Signed by authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
26th February 2007
We consent
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 2007


text:
Citation and commencement
1
This Order may be cited as the Guardian’s Allowance Up-rating Order 2007 and shall come into force on 9th April 2007.
Amendment of Schedule 4 to the Social Security Contributions and Benefits Act 1992
2
In paragraph 5 of Part 3 of Schedule 4 to the Social Security Contributions and Benefits Act 1992 (amount of guardian’s allowance) for “£12.50” substitute “£12.95” .
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2007


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Exchangeable Licences) (Amendment) Order 2007 and shall come into force on 31st January 2007.
Amendment of Driving Licences (Exchangeable Licences) Order 1999
2
In the Driving Licences (Exchangeable Licences) Order 1999 , in the Schedule, omit the word “Kenya”.
Signed by authority of the Secretary of State for Transport
S.J Ladyman
Minister of State
Department for Transport
17th January 2007


text:
Citation and extent
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 18) Order 2007.
2
The Order extends to Northern Ireland.
Commencement on 3rd December 2007
2
The following provisions of the Criminal Justice Act 2003 shall come into force on 3rd December 2007 —
a
section 328 and 332;
b
Schedule 35, paragraphs 1, 6(1), 6(2) and 6(3), 7, 8, 9, 10, 11, 12(a) and 12(b); and
c
Schedule 37, Part 11.
Paul Goggins
Minister of State
Northern Ireland Office
26th November 2007


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 2) Order 2007.
Interpretation
2
In this Order, “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of Schools
3
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated in relation to that school in column (2).
P.S.A. Jones
A Divisional Manager in the
Department for Children, Schools and Families
21st September 2007


text:
Citation and commencement
1
This Order may be cited as the Harbour School Order 2007 and comes into force on 17th December 2007.
Interpretation
2
In this Order —
“the 1996 Act ” means the Education Act 1996 ;
“the 2001 Regulations ” means the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 ;
“the 2006 Regulations ” means the Education (Pupil Registration) (England) Regulations 2006 ;
“the authority” means the Council of the City of Portsmouth;
“the School” means the community special school known as The Harbour School and located at 151 Locksway Road, Milton, Portsmouth, Hampshire, PQ4 8LD.
Relaxation of requirements for admission to a special school
3
The requirements in the following provisions are, as respects the School, relaxed in relation to the authority —
a
in paragraph (c) of section 316A(2) of the 1996 Act, the requirement for there to be a change in the child’s circumstances before a child with special educational needs can be admitted to a special school with the agreement of the persons referred to in that paragraph thereby relaxing the requirement in section 316 of that Act for the child to be educated in a mainstream school;
b
in sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, the requirement for there to be a change in the child’s circumstances before a child can be admitted to a maintained special school with the agreement of the persons referred to in that sub-paragraph.
Modification
4
In consequence of the relaxation in article 3, the modifications in regulations 5 to 9 have effect.
5
In relation to the authority and the head teacher of the School, paragraph (c) of section 316A(2) of the 1996 Act and sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, as they apply to the admission of that pupil to the School, are modified so that they have effect as if the words “following a change in his circumstances,” were omitted.
6
In relation to any other local education authority that —
a
maintain in respect of a pupil a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or
b
have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,
paragraph (c) of section 316A(2) of the 1996 Act and sub-paragraph (c) of regulation 12A(1) of the 2001 Regulations, as they apply to the admission of that pupil to the School, are modified so that they have effect as if the words “following a change in his circumstances,” were omitted.
7
In its application to the governing body of the School and the proprietor of any other school which is a qualifying body at which a registered pupil at the School is also a registered pupil, regulation 8 of the 2006 Regulations is modified so that it has effect as if —
a
at the beginning of each of sub-paragraphs (b) and (c) of paragraph (1), there were inserted “subject to paragraph (1A)”; and
b
after paragraph (1) there were inserted the following paragraph —
1A
Nothing in sub-paragraphs (b) and (c) of paragraph (1) permits the deletion of the name of a pupil from the admission register of a school (other than The Harbour School) which is a qualifying body within the meaning of Part 1 of the Education Act 2002, on the ground that the pupil has been or is registered as a pupil at The Harbour School, unless the proprietors of that school and The Harbour School, the local education authority responsible for the pupil and the pupil’s parent have agreed that the pupil’s name should be so deleted.
.
8
In its application to the governing body of the School, regulation 8(1) of the 2006 Regulations is modified so that it has effect as if after sub-paragraph (c) there were inserted the following sub-paragraph —
ca
that 12 months have elapsed since the admission of the pupil to The Harbour School, where the pupil has been admitted pursuant to sub-paragraph (1)(c) of regulation 12A of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 as modified by The Harbour School Order 2008, that is to say, without there being a change in his circumstances;
.
9
In relation to the authority, or any other local education authority that —
a
maintain a statement of special educational needs made under Part IV of the 1996 Act which either specifies the School, or specifies provision of a description provided at the School; or
b
have made arrangements for the provision of suitable education at school for a pupil under section 19 of the 1996 Act resulting in the attendance of such a pupil at the School,
paragraph (3) (review of admission to a maintained special school) of regulation 12A of the 2001 Regulations is modified, as it applies to registered pupils at the School, so that it has effect as if for “at the end of every term” there were substituted “within the period of 12 months beginning with the date of admission and at least once within each subsequent 12 month period.”.
Time period
10
This Order ceases to have effect on 16th December 2010.
Jim Knight
Minister of State
Department for Children, Schools and Families
11th November 2007


text:
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Amendment of Section 76(3)) Order 2007 and shall come into force on the day after the day on which it is made.
2
1
After section 76(3)(aa) of the Serious Organised Crime and Police Act 2005 (offences giving rise to the power to make a financial reporting order) there is added —
ab
a common law offence of conspiracy to defraud,
ac
an offence under section 17 of the Theft Act 1968 (c. 60) (false accounting),
.
2
After section 76(3)(c) of the Serious Organised Crime and Police Act 2005 there is added —
d
a common law offence of bribery,
e
an offence under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office),
f
the first two offences under section 1 of the Prevention of Corruption Act 1906 (c. 34) (bribes obtained by or given to agents),
g
an offence under any of the following provisions of the Criminal Justice Act 1988 (c. 33) –
section 93A (assisting another to retain the benefit of criminal conduct) ,
section 93B (acquisition, possession or use of proceeds of criminal conduct),
section 93C (concealing or transferring proceeds of criminal conduct),
h
an offence under any of the following provisions of the Drug Trafficking Act 1994 (c. 37) –
section 49 (concealing or transferring proceeds of drug trafficking),
section 50 (assisting another person to retain the benefit of drug trafficking),
section 51 (acquisition, possession or use of proceeds of drug trafficking),
i
an offence under any of the following provisions of the Terrorism Act 2000 (c. 11) –
section 15 (fund-raising for purposes of terrorism),
section 16 (use and possession of money etc. for purposes of terrorism),
section 17 (funding arrangements for purposes of terrorism),
section 18 (money laundering in connection with terrorism),
j
an offence under section 329 of the Proceeds of Crime Act 2002 (c. 29) (acquisition, use and possession of criminal property),
k
a common law offence of cheating in relation to the public revenue,
l
an offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (fraudulent evasion of duty),
m
an offence under section 72 of the Value Added Tax Act 1994 (c. 23) (offences relating to VAT ),
n
an offence under section 144 of the Finance Act 2000 (c. 17) (fraudulent evasion of income tax),
o
an offence under section 35 of the Tax Credits Act 2002 (c. 21) (tax credit fraud),
p
an offence of attempting, conspiring in or inciting the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (o),
q
an offence of aiding, abetting, counselling or procuring the commission of an offence mentioned in paragraphs (aa), (ac) or (d) to (o).
.
Scotland of Asthal, Q.C.
Minister of State
Home Office
3rd May 2007


text:
Citation and application
1
1
This Order may be cited as the Housing Act 2004 (Commencement No. 8) (England and Wales) Order 2007.
2
This Order applies in relation to England and Wales.
Commencement
2
In so far as it is not already in force , Part 5 of (and Schedule 8 to) the Housing Act 2004 shall come into force on 1st August 2007 in relation to the types of property described in article 3(1) and to the extent specified in article 3(2).
Application of Part 5 of the Housing Act 2004 to residential properties with four bedrooms or more
3
1
The types of property referred to in article 2 are —
a
a residential property which —
i
is physically complete at the first point of marketing; and
ii
has four bedrooms or more;
and
b
a residential property which —
i
is not physically complete at the first point of marketing; and
ii
is expected to have four bedrooms or more once physically complete,
other than a property to the construction of which Regulation 17C of the Building Regulations 2000 applies.
2
The duties under sections 155 to 159 of the Housing Act 2004 shall apply subject to the Home Information Pack (No.2) Regulations 2007 .
Interpretation of article 3 (2)
4
In article 3 —
a
a residential property shall be regarded as having or expected to have four bedrooms or more if the manner in which the property is marketed indicates that it has or is expected to have four bedrooms or more;
b
“first point of marketing” shall be construed in accordance with regulation 3 of the Home Information Pack (No.2) Regulations 2007; and
c
“physically complete” shall be construed in accordance with regulation 2(3) of the Home Information Pack (No.2) Regulations 2007.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary under Secretary of State
Department for Communities and Local Government
8th June 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2007 and come into force on 16th February 2007.
2
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations —
“combustion plant” means any technical apparatus in which fuels are oxidised in order to use the heat generated;
“gas oil” means any petroleum–derived liquid fuel —
which falls within CN code 2710 19 25, 2710 19 29, 2710 19 45 or 2710 19 49; or
where less than 65 per cent by volume (including losses) distils at 250 o C and at least 85 per cent by volume (including losses) distils at 350 o C by the ASTM D86 method,
but excluding marine fuel, diesel fuels (as defined in Article 2(2) of Council Directive 98/70/ EC relating to the quality of petrol and diesel fuels ) and fuels used in non–road mobile machinery or agricultural tractors;
“heavy fuel oil” means any petroleum–derived liquid fuel —
which falls within CN code 2710 19 51 to 2710 19 69;
which by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 per cent by volume (including losses) distils at 250 o C by the ASTM D86 method; or
where the distillation cannot be determined by the ASTM D86 method, which is categorised as heavy fuel oil,
but excluding marine fuel and gas oil;
“marine fuel” means any petroleum–derived liquid fuel intended for use or in use on board a vessel, including those fuels defined in ISO 8217 ;
“sulphur content of liquid fuels permit” has the meaning given in regulation 4(4)(b).
2
In paragraph (1) —
a
an ASTM method means a method laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products ; and
b
the reference to a numbered CN code is a reference to the code set out in the Integrated Customs Tariff of the United Kingdom (2000 edition) and the CN code within that number .
3
Expressions used in these Regulations that also appear in Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels as amended by Directive 2005/33/EC of the European Parliament and of the Council have the same meaning as they do in that Directive.
Application
3
These Regulations do not apply to heavy fuel oil or gas oil intended for —
a
the purposes of research and testing;
b
processing prior to final combustion; or
c
processing in the refining industry.
Maximum sulphur content of heavy fuel oil
4
1
No person shall use any heavy fuel oil which has a sulphur content exceeding 1 per cent by mass.
2
Paragraph (1) shall not apply to the use of heavy fuel oil —
a
in a new plant which is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for such plant in Annex IV to 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 ;
b
in an existing plant which —
i
until 31 st December 2007, is operated in accordance with a permit which contains a condition which prohibits the emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or
ii
on or after 1st January 2008, is operated in accordance with a permit which contains a condition that emission limit values for sulphur dioxide are at least as stringent as those set out for new plants in Part A of Annex IV to Directive 2001/80/EC ;
c
in a combustion plant, other than a new or existing plant to which sub-paragraphs (a) or (b) apply, which is operated in accordance with a permit which contains a condition which prohibits the emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis; or
d
in combustion plants forming part of a refinery other than —
i
a new plant to which paragraph (a) applies; or
ii
an existing plant to which sub-paragraph (b)(ii) applies,
and where the combustion plants are operated in accordance with a permit which contains a condition that their monthly average of emissions of sulphur dioxide averaged over all plants in the refinery, irrespective of the fuel or fuel combination used, does not exceed 1,700 mg/Nm3.
3
An authority which grants a permit referred to in paragraph (2) shall carry out appropriate monitoring of emissions of sulphur dioxide to ensure that the limitations on emissions contained in that permit are met.
4
In this regulation —
“existing plant” and “new plant” have the meaning given in Articles 2(10) and 2(9) respectively of Directive 2001/80/EC ; and
“permit” means —
if the operation of the combustion plant requires an authorisation or permit —
an authorisation under Part I of the Environmental Protection Act 1990 (pollution control) ; or
a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) ;
or
a sulphur content of liquid fuels permit which —
was granted for the purposes of the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000 and which is still subsisting; or
is granted under these Regulations.
5
Schedule 1 (sulphur content of liquid fuels permits) has effect.
Maximum sulphur content in gas oil
5
No person shall use gas oil —
a
until 31st December 2007, with a sulphur content exceeding 0.2 percent by mass; or
b
on or after 1st January 2008, with a sulphur content exceeding 0.1 percent by mass.
Sampling and analysis
6
1
The Secretary of State shall take all necessary measures to ensure that sampling is carried out of heavy fuel oil and gas oil to check that the use of those fuels complies with regulations 4(1) and 5.
2
Sampling shall be carried out with sufficient frequency and in such a way that the Secretary of State is satisfied that the samples are representative of the fuels examined.
3
Sampling in respect of compliance with regulation 5(b) shall commence no later than 1st July 2008.
4
Schedule 2 has effect in relation to the technical requirements for determining the sulphur content of fuel sampled under paragraph (1).
Offences and penalties
7
1
A person is guilty of an offence if he contravenes regulation 4(1) or 5, or causes or permits another person to do so.
2
Any person guilty of an offence under paragraph (1) is liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
4
“Officer” in relation to a body corporate means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Revocation and saving
8
1
Subject to paragraph (2), the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000 are revoked.
2
Where an operator of a combustion plant —
a
has submitted an application for a sulphur content of liquid fuels permit in accordance with Schedule 1 to those Regulations; and
b
the application has not been determined at the date these Regulations come into force,
the application shall continue to be determined under those Regulations.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
17th January 2007


text:
Citation and extent
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005, (Commencement No 11) Order 2007.
2
The Order extends to Northern Ireland.
Commencement on 3rd December 2007
2
The following provisions of the Serious Organised Crime and Police Act 2005 shall come into force on 3rd December 2007 —
a
Section 163 (3);
b
Section165 (2) & (3);
c
Section 166 (2); and
d
Schedule 14 paragraphs 1, 6(a), 6(b), 6(c), 7, 8(a) and 8(b), 11, 12(a) and (b) and (c) and 14.
Paul Goggins
Minister of State
Northern Ireland Office
26th November 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Levies) (Amendment) Regulations 2007.
2
This regulation and regulation 4 shall come into force on 30th March 2007.
3
Regulations 2 , 3 and 5 shall come into force on 1st April 2007.
4
In these Regulations “the Levies Regulations ” means the Occupational Pension Schemes (Levies) Regulations 2005 .
Removal of references to the PPF Ombudsman levy
2
1
The Levies Regulations are amended in accordance with this regulation (see also regulations 3 and 4 which make further amendments).
2
In regulation 2 (interpretation), omit the definition of “the PPF Ombudsman levy”.
3
For the heading to Part 2 substitute “ADMINISTRATION LEVY”.
4
Omit regulation 3 (meaning of “the levies” in Part 2).
5
In regulation 4 (liability for the levies) —
a
for the heading substitute “Liability for the administration levy”;
b
omit paragraph (2);
c
in paragraph (3), for “Subject to paragraph (4), the levies are” substitute “The administration levy is”;
d
omit paragraph (4) ;
e
in paragraph (5), for “The levies in respect of a financial year are” substitute “The administration levy in respect of a financial year is”; and
f
in paragraph (6), for “the levies are” substitute “the administration levy is”.
6
In regulation 5(1) (the reference day), for “each of the levies” substitute “the administration levy”.
7
In regulation 7(2) (schemes eligible for only part of the financial year), for “each of the levies” substitute “the administration levy”.
8
In regulation 13(1) (meaning of “the levies” in Part 4), omit “, the PPF Ombudsman levy”.
9
In regulation 18(4) (avoidance of double liability: schemes in Northern Ireland), omit sub-paragraph (b).
The administration levy
3
For regulation 6(2) of the Levies Regulations (the amount payable) substitute —
2
This is the table for the administration levy for the financial year ending with 31st March 2008 —
Column 1 Column 2 Column 3 Number of members on the reference day Amount of levy calculated by reference to number of members (M) Minimum amount of levy
2 to 11 £35 12 to 99 £3.70 x M 100 to 999 £2.66 x M £370 1,000 to 4,999 £2.07 x M £2,670 5,000 to 9,999 £1.57 x M £10,360 10,000 or more £1.10 x M £15,690.
.
Waiver of the administration levy
4
After regulation 7 of the Levies Regulations (schemes eligible for only part of the financial year) insert —
Waiver of the administration levy
7A
1
This regulation applies to an eligible scheme if, in respect of a financial year —
a
any amount payable by way of any pension protection levy in respect of the scheme is waived under regulations made under section 181(8)(b) of the 2004 Act ; and
b
the scheme is not a scheme which is authorised under section 153 of the 2004 Act to continue as a closed scheme.
2
In respect of the same financial year, any amount payable by way of the administration levy in respect of the scheme is also waived.
.
Revocations
5
Paragraphs (2), (4) and (8)(a) of regulation 2 of the Occupational Pension Schemes (Levies) (Amendment) Regulations 2006 (amendment of the Levies Regulations) are revoked.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
23rd March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Crouch Harbour Authority (Constitution) Harbour Revision Order 2007 and shall come into force on 15th November 2007.
2
The Crouch Harbour Act 1974 and this Order may be cited together as the Crouch Harbour Act and Order 1974 and 2007.
Interpretation
2
In this Order —
“the 1974 Act ” means the Crouch Harbour Act 1974;
“advisory body” means any advisory body established under article 13;
“advisory committee” means the Crouch Harbour Authority Advisory Committee constituted by section 11 of the 1974 Act;
“the appointments panel means” the panel constituted under article 4 and during the period from the coming into force of the Order to the new constitution date includes the transitional appointments panel referred to in paragraph 5 of Schedule 3 to this Order;
“ the Authority ” means the Crouch Harbour Authority;
“the chairman” means the chairman of the Authority;
“the clerk” means the clerk to the Authority;
“the harbour” has the meaning given by section 3(1) of the 1974 Act;
“the local authorities” means Chelmsford Borough Council, Essex County Council, Maldon District Council and Rochford District Council;
“member” means a member of the Authority;
“the new constitution date” means 1st December 2007;
“the vice chairman” means the vice chairman of the Authority.
Constitution of Authority
3
1
Subject to article 6, and to the transitional provisions of this Order, and to any casual vacancies, the Authority shall consist of 10 members appointed by the appointments panel.
2
Each member shall be a person who appears to the appointments panel to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters: —
a
water related sporting activities;
b
leisure and tourism;
c
commercial shipping or other forms of transport;
d
financial management;
e
the laws relating to England;
f
safety or personnel management;
g
commercial marketing or information technology;
h
environmental matters affecting harbours;
i
ownership and management of land in the area of the harbour; and
j
any other skills and abilities considered from time to time by the appointments panel to be relevant to the discharge by the Authority of its functions;
and the appointments panel shall secure, so far as reasonably practicable, that the members appointed by the panel will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by the Authority of its functions.
3
In making any appointment under paragraph (1) or article 7, the appointments panel shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointments panel
4
1
There shall be an appointments panel consisting of —
a
the chairman or the vice chairman;
b
one person nominated by the advisory committee;
c
one person nominated jointly by the local authorities.
2
The appointments panel shall consult the Authority before making any appointment, and shall notify every appointment which it makes to the clerk in writing.
3
Each member of the appointments panel shall be independent and shall not act as the delegate of the body by which he is appointed.
Terms of office of members
5
1
Subject to articles 7 and 8, and paragraph 10 of Schedule 2 to, and to the transitional provisions in Schedule 3 to, this Order, a member shall (unless appointed to fill a casual vacancy) hold office for the period of four years from 1st January next following his appointment.
2
Upon ceasing to hold office, each member shall be eligible for reappointment.
Declaration to be made by members
6
No person shall act as a member until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a member if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
7
1
A casual vacancy arising in the office of a member shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the appointments panel in accordance with article 4.
2
A member appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a member) during the remainder of the term for which the member whom he replaces was appointed.
Disqualification of members
8
1
If the Authority are satisfied that a member —
a
has without the permission of the Authority been absent from the meetings of the Authority —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months, whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a member; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a member;
the Authority may declare his office as a member to be vacant and from the date of that declaration his office shall become vacant.
2
In any case where the Authority propose to declare the office of a member to be vacant in the circumstances referred to in paragraph (1) they shall afford the member the opportunity to make representations before taking any decision.
Indemnity insurance for members
9
1
The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or any of them; not being an act or omission which the member or members in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Authority
10
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.
Transitional provisions
11
The transitional provisions set out in Schedule 3 to this Order shall have effect.
Crouch Harbour Authority Advisory Committee
12
The Authority shall continue to maintain the advisory committee.
Advisory bodies
13
1
The Authority shall establish and maintain such advisory bodies as the Authority thinks fit on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Authority shall consult the advisory bodies.
3
The Authority shall make arrangements for the advisory bodies to meet not less than twice a year.
4
The Authority shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by any advisory body whether or not that advisory body has been consulted by the Authority on the matter, recommendation or representation so referred or made.
5
An advisory body may determine its own quorum and procedure and shall appoint a chairman.
6
An individual member of an advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
7
A member of an advisory body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
8
A member of an advisory body may resign his office at any time by notice in writing given to the clerk.
Amendment of Crouch Harbour Act 1974
14
In section 64 (Byelaws) of the 1974 Act, for proviso (i) to subsection (1)(k) substitute-
i
before making or altering any byelaws under this section or the Act of 1847 the Authority shall consult with such persons as the Advisory Committee may consider appropriate;
.
Repeals
15
On the new constitution date the enactments mentioned in columns (1) and (2) of Schedule 4 to this Order shall be repealed to the extent specified in column (3) of that Schedule.
Signed by the authority of the Secretary of State for Transport
Richard Bennett
Head of Ports Division
Department for Transport
8th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Northern Ireland Assembly Elections (Returning Officer’s Charges) (Amendment) Order 2007 and shall come into force on the day after the day on which it is made.
2
In this Order “the 1998 Order ” means the New Northern Ireland Assembly Elections (Returning Officer’s Charges) Order 1998 .
Expenses of returning officer for which maximum recoverable amounts are specified
2
In article 2(1) of the 1998 Order after “4(1)” insert “, 5(1), 6(1) and 7”.
3
1
Part A (expenses of returning officer for which maximum recoverable amounts are specified) of the Schedule to the 1998 Order is amended as follows.
2
The amounts set out in the right-hand column opposite the entries in the left-hand column specified below shall be substituted as follows —
a
in paragraph 1(2) for “£135.00” substitute “£200”;
b
in paragraph 2(2) for “£90.00” substitute “£150.00”;
c
in paragraph 3(2) for “£1.65” substitute “£1.73”;
d
in paragraph 4(2) for “£5,731.36” substitute “£6,001.00”;
e
in paragraph 4(3) for “£52.65” substitute “£55.12”;
f
in paragraph 4(4) for “£47.81” substitute “£50.06”; and
g
in paragraph 5(2) for “£12,222.22” substitute “£13,136.44”.
3
After paragraph 1(3) add —
4
Where a presiding officer receives training (including a presiding officer who, owing to incapacity or other reason, does not discharge the duties of presiding officer on polling day) the maximum recoverable amount in respect of that training is
£40.00.
4
After paragraph 2(2) add —
3
Where a poll clerk receives training (including a poll clerk who, owing to incapacity or other reason, does not discharge the duties of a poll clerk on polling day) the maximum recoverable amount in respect of that training is
£40.00.
5
After paragraph 5(2) add —
3
Where a person employed in connection with the count receives training (including count staff who, owing to incapacity or other reason, do not discharge their duties at the count) the maximum recoverable amount in respect of training is
£40.00.
6
After paragraph 5 add —
6
1
This paragraph makes provision for a returning officer’s expenses in respect of persons employed to provide training in accordance with paragraphs 1(4), 2(3) and 5(3).
2
The maximum recoverable amount in respect of each training session is
£150.00.
3
The number of training sessions shall not exceed 90.
7
The maximum recoverable amount for the returning officer’s expenses in respect of providing training for deputy returning officers appointed under section 14A(1) of the Electoral Law Act (Northern Ireland) 1962 is
£2,094.
Expenses of returning officer for which no maximum recoverable amounts are specified
4
1
Part B (expenses of returning officer for which no maximum recoverable amounts are specified) of the Schedule to the 1998 Order is amended as follows.
2
After paragraph 1(ba) omit “and”.
3
After paragraph 1(c) add —
; and
any person performing functions delegated to him by the returning officer in accordance with section 14A(1) of the Electoral Law Act (Northern Ireland) 1962.
4
In both paragraph 7, in both places, and paragraph 8 after “provision” insert “and storage”.
5
In paragraph 11 after “provision of” insert “electoral registers,”.
6
After paragraph 12 add —
13
Expenses in connection with the provision to each polling station of the large version of the ballot paper and of the prescribed devices for assisting voters with disabilities.
Expenses of returning officer for which the maximum recoverable amounts are specified for the purposes of the election held on 7th March 2007
5
1
For the purposes of the election held on 7th March 2007 Part A of the Schedule to the 1998 Order shall have effect as if there were inserted after paragraph 7 —
8
1
This paragraph makes provision for returning officer’s expenses in respect of the additional payment of a single sum of money to persons employed in connection with the election to be held on 7th March 2007.
2
Subject to sub-paragraph (3), the amount for the expenses specified in sub-paragraph (1) in respect of each presiding officer is
£40.00.
3
Where at a polling place there is more than one polling station, the maximum recoverable amount for the expenses specified in sub-paragraph (1) in respect of only one of the presiding officers at such a polling station is increased by
£5.00.
4
The maximum recoverable amount for expenses specified in sub-paragraph (1) in respect of each poll clerk is
£25.00.
2
For the purposes of the election held on 7th March 2007, article 2(1) of the 1998 Order shall have effect as if after “, 5(1), 6(1) and 7”, as inserted by article 2 of this Order, there is inserted “ and 8(1)”.
Revocation
6
The New Northern Ireland Assembly Elections (Returning Officer’s Charges) (Amendment) Order 2003 is revoked.
Peter Hain
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
28th February 2007


text:
Citation and commencement
1
These Regulations may be cited as the Controls on Dangerous Substances and Preparations (Amendment) (No. 2) Regulations 2007 and come into force on 31st December 2007.
Amendment
2
Schedule 1 to the Controls on Dangerous Substances and Preparations Regulations 2006 as amended by the Controls on Dangerous Substances and Preparations (Amendment) Regulations 2007 is replaced by Schedule 1 set out in the Schedule to these Regulations.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
6th December 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007 and shall come into force on 6th April 2008.
Amendments to the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001
2
The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001 are amended as follows.
3
In regulation 2 (interpretation) —
a
after the definition of “bi-fuel car” insert–
“bioethanol” has the meaning given in section 2AB of the Hydrocarbon Oil Duties Act 1979 ;
;
b
after the definition of “Directive 98/70/ EC ” insert–
“ ITEPA ” means the Income Tax (Earnings and Pensions) Act 2003;
;
c
in the definition of “road fuel gas” for “section 168AB(3) of the Income Tax and Corporation Taxes Act 1988” substitute “section 171(1) of ITEPA”;
d
in the definition of “the value of the appropriate percentage” for “paragraphs 2 to 5D of Schedule 6” substitute “sections 133 to 142 of ITEPA”; and
e
after the definition of “the value of the appropriate percentage” add–
“unleaded petrol” has the meaning given in section 1(3C) of the Hydrocarbon Oil Duties Act 1979 .
.
4
In regulation 4(2)(b) (prescribed reduction of value of appropriate percentage–electrically propelled cars) for “Schedule 6” substitute “section 140 of ITEPA”.
5
In regulation 6 (prescribed reduction of value of appropriate percentage–cars propelled solely by road fuel gas and bi-fuel cars to which paragraph 5 of Schedule 6 applies) and in the heading preceding it, for “paragraph 5 of Schedule 6” substitute “section 137 of ITEPA”.
6
After Regulation 6 insert–
Prescribed reduction of value of appropriate percentage – cars capable of running on bioethanol
6A
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998, and
b
is constructed so as to be capable of being propelled by–
i
bioethanol, or
ii
a mixture of bioethanol and unleaded petrol, if the proportion of bioethanol by volume is at least 85%.
3
The amount prescribed by this paragraph is 2%.
.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th October 2007