text:
PART 1
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Railway (Licensing of Railway Undertakings) Regulations 2005 and shall come into force on 28th November 2005.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1993 Act ” means the Railways Act 1993 ;
“the 1995 Directive ” means Council Directive 95/18/ EC dated 19th June 1995 on the licensing of railway undertakings , as amended by Directive 2001/13/EC dated 26th February 2001 and Directive 2004/49/EC dated 29th April 2004 , both of the European Parliament and of the Council;
“ EEA State ” means a member State, Norway, Iceland or Liechtenstein;
“European licence” means a licence granted to a railway undertaking pursuant to these Regulations (valid throughout the territory of any EEA State) by which the capacity of the railway undertaking as such is recognised and which authorises the undertaking to provide in and between EEA States such train services as may be specified in the licence;
“ ORR ” means the Office of Rail Regulation, being the body established under section 15 of the Railways and Transport Safety Act 2003 ;
“ SNRP ” means a statement of national regulatory provisions, issued pursuant to regulation 10; and
“train service” means a service for the transport of goods or passengers (or both) by rail.
2
Except where the context otherwise requires, other expressions used in these Regulations and in the 1995 Directive shall have the same meaning as in that Directive.
Repeals and revocations, and consequential amendments
3
Schedule 1 (amendments, repeals and revocations) shall have effect.
Scope
4
1
Subject to paragraph (2), these Regulations apply in relation to the licensing of railway undertakings which provide train services and are established or to be established in an EEA State.
2
These Regulations do not apply in relation to a railway undertaking whose activity is limited to any of the following —
a
operating rail passenger services on local and regional stand-alone railway infrastructure;
b
operating urban or suburban rail passenger services;
c
the provision of regional rail freight services that are not covered by the scope of Council Directive 91/440/ EEC dated 29th July 1991 on the development of the Community’s railways ;
d
carrying out freight operations on privately owned railway infrastructure that exists solely for use by the infrastructure owner for its own freight operations; or
e
providing shuttle services for road vehicles through the Channel Tunnel.
PART 2
EUROPEAN LICENCES
Prohibition of unlicensed provision of services
5
1
Where a person is a railway undertaking to which these Regulations apply, that person shall not provide a train service in Great Britain unless he is authorised to do so by a European licence which is appropriate for that train service, and any person who provides such a service without such a licence shall be guilty of an offence.
2
Any person who is guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this regulation except by or on behalf of the ORR.
4
In this regulation the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.
Appointment of licensing authority and grant of European licences
6
1
The ORR is designated as the body responsible for granting European licences.
2
The ORR shall determine and publish on its website the procedures for the granting of European licences and inform the Commission of those procedures.
3
Subject to and in accordance with these Regulations, the ORR shall grant a European licence to a railway undertaking if that undertaking —
a
is established in Great Britain, and
b
makes an application to the ORR in accordance with the published procedures.
4
A European licence may authorise the provision of train services generally or be restricted to particular types of service specified in the licence.
5
An applicant shall submit with his application such application fee as the ORR may reasonably require and such information, specified in the published procedures referred to in paragraph (3)(b), as the ORR reasonably requires in order to be satisfied that the applicant satisfies the requirements referred to in Schedule 2.
6
At any time after submitting the application the applicant shall submit such further information as the ORR may reasonably require in connection with the application.
7
The ORR shall grant a European licence if, and only if, it is satisfied before the start of the applicant’s activities that the applicant will be able at any time to satisfy the requirements referred to in Schedule 2 as to good repute, financial fitness, professional competence and insurance cover for civil liabilities.
8
An application for a European licence shall be determined by the ORR as soon as possible and in any event within three months of receipt of all the information referred to in paragraphs (5) and (6).
9
In respect of each application for a European licence the ORR shall give notice stating —
a
that the applicant has made an application for a European licence;
b
the name of the applicant and the address of its registered or principal office; and
c
a summary of the activities which the applicant wishes to carry out pursuant to the European licence.
10
A notice under paragraph (9) shall be given by publishing the notice in such manner as the ORR considers appropriate for bringing it to the attention of persons likely to be affected by the grant of the European licence.
11
The ORR shall inform the applicant of its decision and, where it refuses to grant a European licence, the refusal shall state the reasons for its decision.
12
When the ORR grants a European licence in accordance with this regulation it shall forthwith inform the European Commission of the grant.
13
Any sums received by the ORR under this regulation shall be paid into the Consolidated Fund.
14
Schedule 2 (qualifications for European licence) shall have effect.
Validity of European licences
7
1
A European licence shall, unless previously revoked or surrendered in accordance with any provision in these Regulations or the licence, continue in force as long as the ORR is satisfied that the railway undertaking concerned continues —
a
to satisfy the requirements referred to in Schedule 2 as to good repute, financial fitness, professional competence and insurance cover for civil liabilities, and
b
to submit the licence to the ORR for review or approval when so required under regulation 8.
2
A European licence may incorporate specific provisions governing the suspension or revocation of the licence.
Monitoring, suspension and revocation of European licences
8
1
Subject to paragraph (5), this regulation applies to a railway undertaking to which a European licence has been granted by the ORR.
2
If at any time the ORR considers that there is serious doubt whether a railway undertaking complies with a requirement referred to in Schedule 2, it may take such steps as are necessary to enable it to determine whether or not the undertaking does so comply.
3
If, having taken the steps referred to in paragraph (2), the ORR is satisfied that a railway undertaking does not comply with any such requirement, it shall revoke the European licence held by the railway undertaking or suspend it.
4
The ORR shall revoke a European licence if —
a
proceedings have been commenced for the winding up of a railway undertaking on the grounds that the undertaking is unable to pay its debts, or
b
an application for a railway administration order has been made in relation to the railway undertaking under section 60 of the 1993 Act on the grounds that the undertaking is or is likely to be unable to pay its debts,
and the ORR is satisfied that there is no realistic prospect of satisfactory financial restructuring of the undertaking within a reasonable period of time.
5
Where the ORR is satisfied that there is serious doubt whether a railway undertaking to which a European licence has been granted by a licensing authority other than itself complies with any requirement of the 1995 Directive, it shall without delay so notify that licensing authority; and in this paragraph, the expression “European licence” means a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.
6
Where the ORR has suspended or revoked a European licence solely on the grounds of the non-compliance by the railway undertaking with the requirements of financial fitness specified in Schedule 2, the ORR may grant to the undertaking a temporary European licence pending the re-organisation of the railway undertaking.
7
A temporary European licence under paragraph (6) shall not be granted —
a
where the ORR considers that safety would be jeopardised, or
b
for a period exceeding six months.
8
Where a railway undertaking to which a European licence has been granted has either ceased the operations to which the licence relates for a continuous period of six months or, subject to paragraph (9), has not commenced such operations within six months of the date of such grant, then the ORR may either require the railway undertaking to resubmit its licence to the ORR for approval or suspend the licence.
9
When making an application for a European licence, or where the ORR has required a railway undertaking to resubmit its European licence in pursuance of paragraph (8) on the grounds that the railway undertaking has not commenced such operations, the railway undertaking shall be entitled to request that a period longer than six months be granted in which it can commence operations, taking into account the specific nature of the services to be provided.
10
In the event of a change affecting the legal situation of a railway undertaking, in particular following a change in the control or ownership of the railway undertaking as a result of a merger with or take-over by another undertaking, the ORR may require the railway undertaking to submit the European licence to the ORR for approval.
11
Where a European licence is submitted for approval pursuant to paragraph (10), the railway undertaking may continue operations whilst its licence is under review unless the ORR decides that safety is jeopardised by the change referred to in paragraph (10).
12
If the ORR decides that safety is jeopardised by that change, it shall notify the railway undertaking of its decision and of the grounds for it.
13
When a railway undertaking intends significantly to change or extend its activities from those in respect of which a European licence was granted to it, the railway undertaking shall submit its licence to the ORR for review.
14
When the ORR amends, suspends or revokes a European licence it shall forthwith inform the European Commission of such amendment, suspension or revocation.
PART 3
STATEMENTS OF NATIONAL REGULATORY PROVISIONS
Prohibition on operating trains without a statement of national regulatory provisions
9
1
Where a person is a railway undertaking to which these Regulations apply, that person may not provide train services in Great Britain unless (in addition to being authorised by a European licence) he holds a valid statement of national regulatory provisions (“SNRP”).
2
Any person who provides such services without holding such a statement shall be guilty of an offence.
3
Any person who is guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, or
b
on conviction on indictment, to a fine.
4
No proceedings shall be instituted in England or Wales in respect of an offence under this regulation except by or on behalf of the ORR.
5
In this regulation and in regulations 10 and 11, the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.
Statements of national regulatory provisions (“ SNRPs ”)
10
1
Upon application being made, the ORR shall issue a SNRP to a holder of a valid European licence who desires to provide train services in Great Britain.
2
Any application for a SNRP —
a
shall be made to the ORR and in such form and manner as the ORR may from time to time determine and publish, and
b
shall be accompanied by a copy of the European licence, if already held.
3
A SNRP shall continue in force for such period as may be specified in or determined by or under the SNRP.
Conditions of SNRPs
11
1
Subject to paragraph (4), a SNRP shall include one or more conditions (whether or not relating to the activities for which the applicant for the SNRP requires a European licence) as appear to the ORR to be requisite or expedient having regard to the duties imposed on it by section 4 of the 1993 Act; and in this context, the references in that section to the functions assigned or transferred to the ORR under or by virtue of Part 1 of the 1993 Act shall have effect as if they were references to the functions conferred on the ORR under or by virtue of this Part of these Regulations.
2
Subject to paragraph (4), a SNRP may include conditions requiring the rendering to the ORR of a payment on the grant of the SNRP or payments during the currency of the SNRP, or both, of such amount or amounts as may be determined by or under the SNRP.
3
Without prejudice to the generality of paragraph (1), conditions included in a SNRP by virtue of paragraph (1) may impose any of the following requirements —
a
specific technical and operational requirements for rail services;
b
safety requirements applying to staff, rolling stock and the internal organisation of the undertaking;
c
provisions on health, safety, social conditions and the rights of workers and consumers;
d
requirements applying to all undertakings in the relevant railway sector designed to offer benefits or protection to consumers.
4
A condition may not —
a
impose any requirement which is incompatible with Community law, or
b
be applied in a discriminatory manner.
5
Any sums received by the ORR in consequence of the provisions of any condition of a SNRP shall be paid into the Consolidated Fund.
Referral for Commission’s opinion
12
1
A railway undertaking may at any time refer to the European Commission the question of whether a condition included in a SNRP —
a
is compatible with Community law, or
b
has been applied in a non-discriminatory manner.
2
Where a railway undertaking refers a question referred to in paragraph (1) to the European Commission, and the European Commission delivers an opinion that a requirement imposed through a condition in a SNRP is incompatible with Community law or has been applied in a discriminatory manner, the ORR shall review the condition.
Modification of SNRPs by consent
13
1
Subject to regulation 11 and to the following provisions of this regulation, the ORR may modify the conditions of a SNRP if the SNRP holder consents to the modifications.
2
Before making modifications under this regulation, the ORR shall give notice —
a
stating that it proposes to make the modifications and setting out their effect,
b
stating the reasons why it proposes to make the modifications, and
c
specifying the period (not being less than 28 days from the date of publication of the notice) within which representations or objections with respect to the proposed modifications may be made,
and shall, before making the modifications, consider any representations or objections which are duly made and not withdrawn.
3
A notice under paragraph (2) shall be given —
a
by publishing the notice in such manner as the ORR considers appropriate for the purpose of bringing the notice to the attention of persons likely to be affected by the making of the modifications; and
b
by serving a copy of the notice on the SNRP holder.
Application and modification of statutory provisions in relation to SNRPs and SNRP holders
14
Schedule 3 (application and modification of statutory provisions in relation to SNRPs and SNRP holders) shall have effect for the purpose of applying certain enactments to SNRPs and SNRP holders.
PART 4
MISCELLANEOUS
Making of false statements etc
15
1
If any person, in giving any information or making any application under or for the purposes of any provision of these Regulations, makes any statement which he knows to be false in a material particular, or recklessly makes any statement which is false in a material particular, he shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
No proceedings shall be instituted in England or Wales in respect of an offence under this regulation except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Offences by bodies corporate and Scottish partnerships
16
1
Where an offence under these Regulations has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations in Scotland and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
General duties of the Rail Passengers' Council
17
1
Subsection (5) of section 76 of the 1993 Act (general duties of the Rail Passengers' Council) has effect in relation to holders of European licences and to SNRPs as if —
a
the reference to the holder of a passenger licence included a reference to the holder of a European licence which authorises the carriage of passengers by railway;
b
the reference to any condition of the licence included a reference to any condition of a SNRP held by the holder of the European licence;
c
the reference to the Secretary of State, in the second and third places where it occurs, included a reference to the ORR; and
d
the reference to the Secretary of State exercising such of his powers as he considers appropriate included a reference to the ORR exercising such of its powers as it considers appropriate.
2
In paragraph (1), the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.
Restrictions on disclosure of information
18
Section 145 of the 1993 Act (restriction on disclosure of information) shall have effect in relation to information which has been obtained under or by virtue of any provision of these Regulations and which relates to the affairs of any individual or to any particular business as it has effect in relation to such information obtained under or by virtue of any of the provisions of that Act.
Duties of the London Transport Users' Committee
19
1
Subsection (3) of section 252C of the Greater London Authority Act 1999 (duties of the London Transport Users' Committee) has effect in relation to holders of European licences and to SNRPs as if —
a
the reference to the holder of a licence under Part 1 of the Railways Act 1993 contravening a condition of the licence included a reference to the holder of a European licence contravening a condition of a SNRP held by him;
b
the reference to the Secretary of State included a reference to the ORR;
c
the reference to his referring the matter to the Committee and their referring it back to him included a reference to the ORR’s referring the matter to the Committee and their referring it back to the ORR; and
d
the reference to his exercising such of his powers as he considers appropriate included a reference to the ORR’s exercising such of its powers as it considers appropriate.
2
In paragraph (1), the expression “European licence” includes a licence granted pursuant to any action taken by an EEA State for the purpose of implementing the 1995 Directive.
Transitional provisions relating to existing licences and licence exemptions
20
Schedule 4 (transitional provisions relating to existing licences and licence exemptions) shall have effect.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
1st November 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2005 and shall come into force —
a
for the purposes of this article, article 2 and paragraphs 1 to 10 (inclusive) and 12, 13 and 16 of Schedule 1 to this Order, on 6th April 2005.
b
for the purposes of paragraphs 11, 14, 15 and 17 of Schedule 1 to this Order, on 11th April 2005.
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983, and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
AK Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Health Authorities Abolition Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
“the FHSAA (SHA) ” means the Family Health Services Appeal Authority (Special Health Authority) established by the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 ;
“the HDA ” means the Health Development Agency established by the Health Development Agency (Establishment and Constitution) Order 1999 ;
“the Information Centre” means the Health and Social Care Information Centre established by the Health and Social Care Information Centre (Establishment and Constitution) Order 2005 ;
“the Institute” means the National Institute for Health and Clinical Excellence established by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 ;
“the NCAA ” means the National Clinical Assessment Authority established by the National Clinical Assessment Authority (Establishment and Constitution) Order 2000 ;
“the NHSIA ” means the National Health Service Information Authority established by the National Health Service Information Authority (Establishment and Constitution) Order 1999 ;
“the NHSIA Property Schedule ” means the document produced by the NHSIA and entitled “Schedule of Property Transferring from the NHS Information Authority to the Secretary of State for Health – National Programme for Information Technology” and dated 28th February 2005 ;
“the NHSIA Transfer Schedule I” means the document produced by the NHSIA and entitled “Transfer Schedule I – NHS Information Authority Contracts to be transferred to the Secretary of State for Health in connection with the National Programme for Information Technology” dated 28th February 2005 ;
“the NHSIA Transfer Schedule II” means the document produced by the NHSIA and entitled “Transfer Schedule II – NHS Information Authority Contracts to be transferred to the Secretary of State for Health” dated 23rd February 2005 ;
“the NHSLA ” means the National Health Service Litigation Authority established by the National Health Service Litigation Authority (Establishment and Constitution) Order ;
“the NPSA ” means the National Patient Safety Agency established by the National Patient Safety Agency (Establishment and Constitution) Order ; and
“the PPA ” means the Prescription Pricing Authority established by the Prescription Pricing Authority Constitution Order 1990 .
Abolition of Special Health Authorities
2
The FHSAA (SHA), the NHSIA, the HDA and the NCAA are abolished and accordingly the Orders and Regulations in Schedule 1 are revoked.
Consequential amendment of Orders and Regulations
3
The amendments in Schedule 2 are made in consequence of the abolition of the FHSAA (SHA), the NHSIA, the HDA and the NCAA.
Investigation of complaints by the Health Service Commissioner
4
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to the FHSAA (SHA), the NHSIA or the NCAA, whether made before, on or after the coming into force of this Order, may be investigated by the Commissioner notwithstanding the abolition of those Special Health Authorities.
2
The Health Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State for Health.
Enforceability of rights and transfer of liabilities of the Special Health Authorities
5
1
Any right that was, immediately before 1st April 2005, enforceable by or against the FHSAA (SHA) shall, on or after that date, be enforceable by or against the NHSLA.
2
All liabilities of the FHSAA (SHA) shall, on 1st April 2005, be transferred to the NHSLA.
6
1
Any right that was, immediately before 1st April 2005, enforceable by or against the NHSIA and is not referred to in paragraph (2) shall, on or after that date, be enforceable by or against the Information Centre.
2
Any right that was immediately before 1st April 2005 enforceable against the NHSIA under or in connection with the contracts specified in the NHSIA Transfer Schedule I and the NHSIA Transfer Schedule II, or in connection with the property referred to in the NHSIA Property Schedule shall, on or after that date be enforceable by or against the Secretary of State for Health.
3
All liabilities of the NHSIA, unless referred to in paragraph (4) shall, on 1st April 2005, be transferred to the Information Centre.
4
All liabilities of the NHSIA under or in connection with the contracts specified in the NHSIA Transfer Schedule I and the NHSIA Transfer Schedule II, or in connection with the property referred to in the NHSIA Property Schedule shall, on 1st April 2005, be transferred to the Secretary of State for Health.
7
1
Any right that was, immediately before 1st April 2005, enforceable by or against the HDA shall, on or after that date, be enforceable by or against the Institute.
2
All liabilities of the HDA shall, on 1st April 2005, be transferred to the Institute.
8
1
Any right that was, immediately before 1st April 2005, enforceable by or against the NCAA shall, on or after that date, be enforceable by or against the NPSA.
2
All liabilities of the NCAA shall, on 1st April 2005, be transferred to the NPSA.
Transfer of property from the Special Health Authorities
9
All property of the FHSAA (SHA) is transferred to the NHSLA on 1st April 2005.
10
1
The property of the NHSIA identified as property transferring to the Secretary of State for Health in the NHSIA Property Schedule is transferred to the Secretary of State for Health on 1st April 2005.
2
Any other property of the NHSIA is transferred to the Information Centre on 1st April 2005.
11
All property of the HDA is transferred to the Institute on 1st April 2005.
12
All property of the NCAA is transferred to the NPSA on 1st April 2005.
Transfer of officers of the Special Health Authorities
13
1
This paragraph applies in relation to an officer of the FHSAA (SHA) who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the FHSAA (SHA).
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the NHSLA.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the NHSLA.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the NHSLA; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NHSLA.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NHSLA and had informed the FHSAA (SHA) of that objection by 31st March 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the FHSAA (SHA) shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the FHSAA (SHA).
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
14
1
This paragraph applies in relation to an officer of the NHSIA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NHSIA and who was notified in writing on or before 22nd February 2005 that he was to be transferred to the Information Centre.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Information Centre.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Information Centre.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Information Centre; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Information Centre.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Information Centre and has informed the NHSIA of that objection by 31st March 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSIA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the NHSIA.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
15
1
This paragraph applies in relation to an officer of the NHSIA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NHSIA and who was notified in writing on or before 22nd February 2005 that he was to be transferred to the PPA.
2
Any officer to whom paragraph (1) applies, shall on 1st April 2005, be transferred to the employment of the PPA.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer, and
b
has effect from the time of the transfer as if originally made between the officer and the PPA.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the PPA; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the PPA.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the PPA and has informed the NHSIA of that objection by 31st March 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NHSIA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the NHSIA.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
16
1
This paragraph applies in relation to an officer of the HDA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the HDA.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the Institute.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Institute.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Institute; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Institute.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the Institute and has informed the HDA of that objection by 31st March 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the HDA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the HDA.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
17
1
This paragraph applies in relation to an officer of the NCAA who on 31st March 2005 is wholly or mainly engaged in the performance of the functions of the NCAA, unless the officer’s contract of employment provides that the contract of employment terminates on 31st March 2005.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2005, be transferred to the employment of the NPSA.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the NPSA.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which the officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the NPSA; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the NPSA.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer has objected to the transfer to the NPSA and has informed the NCAA of that objection by 31st March 2005.
6
Where an officer has objected as mentioned in paragraph (5), his contract of employment with the NCAA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from the NCAA.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Provision for continuity in the exercise of functions
18
Anything done on or before 31st March 2005 by or in relation to the FHSAA (SHA) shall be deemed to have been done by or in relation to the NHSLA and any appeal or other matter which on 31st March 2005 was being considered by the FHSAA (SHA) shall continue to be considered by the NHSLA in accordance with any directions made by the Secretary of State.
19
1
Anything done on or before 31st March 2005 by or in relation to the NHSIA that is not referred to in paragraph (2) shall be deemed to have been done by or in relation to the Information Centre.
2
Anything done on or before 31st March 2005 by or in relation to the NHSIA under or in connection with the contracts referred to in the NHSIA Transfer Schedule I and the NHSIA Transfer Schedule II or in connection with the property referred to in the NHSIA Property Schedule, shall be deemed to have been done by or in relation to the Secretary of State for Health.
20
Anything done on or before 31st March 2005 by or in relation to the HDA shall be deemed to have been done by or in relation to the Institute.
21
Anything done on or before 31st March 2005 by or in relation to the NCAA shall be deemed to have been done by or in relation to the NPSA.
Winding up of affairs of the Special Health Authorities
22
It shall be the duty of the NHSLA to take such action as may be necessary for the winding up of the affairs of the FHSAA (SHA), including the preparation of the outstanding accounts of the FHSAA (SHA) and the performance of all statutory duties relating to those accounts.
23
It shall be the duty of the Information Centre to take such action as may be necessary for the winding up of the affairs of the NHSIA, including the preparation of the outstanding accounts of the NHSIA and the performance of all statutory duties relating to those accounts.
24
It shall be the duty of the Institute to take such action as may be necessary for the winding up of the affairs of the HDA, including the preparation of the outstanding accounts of the HDA and the performance of all statutory duties relating to those accounts.
25
It shall be the duty of the NPSA to take such action as may be necessary for the winding up of the affairs of the NCAA, including the preparation of the outstanding accounts of the NCAA and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
7th March 2005


text:
Citation, commencement and interpretation
1
This Order may be cited as the Gangmasters (Licensing) Act 2004 (Commencement No. 2) Order 2005 and shall come into force on 1st April 2005.
Provisions coming into force
2
The following provisions of the Gangmasters (Licensing) Act 2004 are in force —
a
section 7 (grant of licence);
b
section 8 (general power of Gangmasters Licensing Authority to make rules);
c
section 9 (modification, revocation or transfer of licence);
d
section 15 (enforcement and compliance officers);
e
section 16 (powers of officers);
f
section 17 (entry by warrant);
g
section 18 (obstruction of officers);
h
section 19 (information relating to gangmasters);
i
section 20 (application of the Act to bodies corporate);
j
section 21 (application of the Act to unincorporated associations);
k
section 22 (application of the Act to partnerships);
l
section 23 (annual report);
m
section 24 (financial provision);
n
section 28 (application of the Act to Northern Ireland) in so far as it relates to paragraphs 9, 10, 15, 16, 17 and 18 of Schedule 2; and
o
paragraphs 9, 10, 15, 16, 17 and 18 of Schedule 2.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
3rd March 2005


text:
Citation and commencement
1
1
This Order may be cited as the Incidental Catches of Cetaceans in Fisheries (England) Order 2005 and shall come into force on 2nd February 2005.
2
Subject to paragraph (3) below, this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.
3
Nothing in paragraph (2) above shall be treated as prejudicing the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EC ) No. 812/2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) No 88/98 ;
“equivalent provision” means any provision in any other Order made for the purposes of making provision for the administration and enforcement of the Council Regulation, extending to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be commenced in any place in the United Kingdom by virtue of section 30(2A) of the Fisheries Act 1981;
“Northern Irish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
“the Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 ;
“observer” means an independent person appointed in accordance with the Council Regulation;
“relevant British fishing boat” means a fishing boat (other than a Scottish fishing boat or a Northern Ireland fishing boat), which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“Scottish fishing boat” means a British fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is treated as belonging;
“the Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order; and
“Wales” has the same meaning as in section 155 of the Government of Wales Act 1998 .
2
In this Order the term “within relevant British fishery limits” does not include —
a
the Scottish zone;
b
the Northern Ireland zone;
c
the territorial sea adjacent to Wales;
d
the territorial sea adjacent to the Isle of Man;
e
the territorial sea adjacent to Jersey; and
f
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits At 1976 as extended to Guernsey.
3
Expressions in this Order which are not defined in the Order and which appear in the Council Regulation have the same meaning in this Order as they have for the purposes of the Council Regulation.
Admittance of observers on board vessels
3
For the purpose of Articles 4.1 and 5 of the Council Regulation observers shall, on request, be admitted on board relevant British fishing boats.
Offences
4
1
Where there is in relation to —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British fishery limits,
a contravention of, or failure to comply with any specified Community provision, the master, the owner and the charterer (if any) shall be guilty of an offence.
2
Where there is a contravention of, or failure to comply with article 3 of this Order, the master, the owner and the charterer (if any) shall be guilty of an offence.
Penalties
5
1
A person found guilty of an offence under article 4 shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
2
A person found guilty of an offence under article 4 shall also be liable —
a
to the forfeiture of any net, acoustic device or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
b
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
Recovery of fines
6
1
Where a fine is imposed by a magistrates' court on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of an offence under article 4 or an offence under article 11, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order that boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Where in relation to a fine in respect of a relevant offence an order under Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England, this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of enforcing the provisions of articles 3 or 4, or any equivalent provision, any British sea fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document (relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board) which is in that person’s custody or possession;
c
for the purpose of ascertaining whether an offence under article 4 or any equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that an offence under article 4 or any equivalent provision has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 4, or any equivalent provision, has at any time been committed in relation to a fishing boat, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
8
1
For the purpose of enforcing the provisions of article 4, or any equivalent provision, any British sea-fishery officer may in England —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in that person’s custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 4, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that an offence under article 4 has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, and in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fish or fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish, acoustic devices and fishing gear
9
1
This article applies —
a
in England;
b
to any relevant British fishing boat wherever it may be; and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 4, or any equivalent provision, has been committed;
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence; and
c
any acoustic device which he has reasonable grounds to suspect is not in compliance with the specifications prescribed by the Council Regulation and has been used in the course of the commission of an offence.
Protection of officers
10
An officer, or a person assisting him by virtue of article 7(2) or 8(1)(b) or a warrant under article 8(3), shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 9 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
11
1
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 7, 8 or 9;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer, or a person assisting an officer, who is exercising any of the powers conferred on him by article 7,8 or 9 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Powers of other officers
12
1
For the purpose of enforcing this Order, any of the following officers —
a
any officer authorised by the Minister; or
b
any fishery officer of a local fisheries committee acting within any part of the district of the committee which lies in England,
may in England, exercise the powers as provided in articles 7, 8 and 9.
2
The protection afforded by articles 10 and 11 of this Order shall extend to the enforcing officers as described at paragraph (1) above.
Proceedings
13
A local fisheries committee in England may take proceedings under this Order in respect of any offence occurring within any part of the district of the committee which lies in England.
Provisions as to offences
14
1
Where an offence under article 4, or any equivalent provision, committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where an offence under article 4, or any equivalent provision, committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where an offence under article 4, or any equivalent provision, committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
15
1
In this Order any record required to be compiled for the purposes of Council Regulation (EC) No 2847/93 shall, in any proceedings in England for an offence under article 4, be evidence of the matters stated therein.
2
For the purposes of paragraph 1 above “record” includes the following —
a
logbook;
b
declaration;
c
effort report;
d
document; or
e
document containing required information received by fisheries monitoring centres.
3
For the purpose of paragraph (2)(e) above, “required information” means —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Council Regulation (EC) No 2847/93 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th January 2005
Ian Pearson
Parliamentary Under Secretary of State Northern Ireland Office
10th January 2005


text:
Citation, commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) ( No. 2) Order 2005 and shall come into force on 20th April 2005.
Interpretation
2
In this Order, “the maps” means the maps numbered 83 and 84 and each entitled “Map referred to in the Crime Prevention (Designated Areas) (No.2) Order 2005”, of which prints signed on behalf of the Secretary of State for Environment, Food and Rural Affairs are deposited and available for inspection at the offices of —
a
the Department for Environment, Food and Rural Affairs, and
b
in the case of each map, the highway authority for the area hatched and edged red on that map.
Designated areas
3
The areas hatched and edged red on the maps are hereby designated for the purposes of section 118B of the Highways Act 1980.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
23rd March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 and shall come into force on 6th July 2005.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Road Traffic Act 1988;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 ;
“authorised person” means a constable or such other person authorised by the chief officer under regulation 3(1);
“certificate of insurance” is to be construed in accordance with sections 147(1) and 161(2) of the 1988 Act;
“GB registration mark” means a registration mark issued in relation to a vehicle under the 1994 Act;
“owner” includes —
the person by whom, according to the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the 1994 Act, the vehicle is kept and used;
in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, the person entitled to possession of the vehicle under the agreement;
“the register” means the register maintained by the Secretary of State under Part 2 of the 1994 Act;
“registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the 1994 Act;
“relevant motor vehicle” means a motor vehicle which has been seized and removed under section 165A of the 1988 Act;
“seizure notice” means a notice complying with regulation 4;
“valid licence” means a licence to drive a motor vehicle granted under Part 3 of the 1988 Act, a Community licence, an exchangeable licence or a Northern Ireland driving licence, and for this purpose the terms “Community licence” and “exchangeable licence” have the same meaning as given in section 108(1) of the 1988 Act;
“working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and, in relation to a vehicle retained in England and Wales, any day which, under the Banking and Financial Dealings Act 1971 , is a bank holiday in England and Wales and, in relation to a vehicle retained in Scotland, any day which, under that Act, is a bank holiday in Scotland.
Retention and safe keeping of motor vehicles
3
1
A relevant motor vehicle shall be passed into and remain in the custody of a constable or other person authorised under this regulation by the chief officer of the police force for the area in which the vehicle was seized (“the authorised person”) until —
a
the authorised person permits it to be removed from his custody by a person appearing to him to be the registered keeper or owner of the vehicle; or
b
it has been disposed of under these Regulations.
2
While the vehicle is in the custody of the authorised person, the authorised person shall be under a duty to take such steps as are reasonably necessary for its safe keeping.
Giving of seizure notice
4
1
A constable, on seizing a vehicle under section 165A of the 1988 Act, shall give a seizure notice in accordance with this regulation to the driver of the vehicle being seized unless the circumstances make it impracticable for him to do so.
2
The authorised person shall, as soon as he is able after a relevant motor vehicle has been taken into his custody, take such steps as are reasonably practicable to give a seizure notice in accordance with this regulation to the person who is the registered keeper and to the owner, where that appears to be someone different, of that vehicle, except where —
a
the authorised person is satisfied that a seizure notice has already been given to the registered keeper and to the owner, where that appears to be someone different, of the vehicle under paragraph (1); or
b
the vehicle has been released from his custody in accordance with these Regulations.
3
A seizure notice shall, in respect of the vehicle to which it relates, contain such of the following information as can be or could have been ascertained from an inspection of the vehicle, or has been ascertained from any other source, that is to say —
a
in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a place outside Great Britain, particulars of that mark; and
b
the make of the vehicle.
4
A seizure notice shall, in respect of the vehicle to which it relates, state —
a
the place where the vehicle was seized;
b
the place where it is now being kept;
c
that the registered keeper or owner of the vehicle is required to claim the vehicle from the authorised person on or before the date specified in the notice, being a date not less than 7 working days from the day when the notice is given to the registered keeper or owner as the case may be;
d
that unless the vehicle is claimed on or before that date the authorised person intends to dispose of it;
e
that, subject to regulation 5(5), charges are payable under these Regulations by the registered keeper, owner or driver of the vehicle in respect of the seizure and retention of the vehicle, and that the vehicle may be retained until such charges are paid; and
f
that the registered keeper or owner of the vehicle must either —
i
produce at a specified police station a valid certificate of insurance covering his use of that vehicle and a valid licence authorising him to drive that vehicle; or
ii
nominate for this purpose a third person who produces at a specified police station a valid certificate of insurance covering that person’s use of that vehicle and a valid licence authorising that person to drive that vehicle,
and that the vehicle may be retained until this requirement is satisfied.
5
The seizure notice shall be given —
a
by delivering it to the person to whom it is directed;
b
in respect of the registered keeper —
i
by leaving it at the address which is entered on the register as being the address of the registered keeper; or
ii
by sending it by the registered post service, addressed to the registered keeper, to the address which is entered on the register as being the address of the registered keeper;
c
in respect of the owner —
i
by leaving it at his usual or last known address; or
ii
by sending it by the registered post service, addressed to the owner at his usual or last known address; or
d
if the person is a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office, or sending it by the registered post service, addressed to the secretary or clerk of the body at that office.
Release of vehicles
5
1
Subject to the provisions of these Regulations, if, before a relevant motor vehicle is disposed of by an authorised person, a person —
a
satisfies the authorised person that he is the registered keeper or the owner of that vehicle;
b
pays to the authorised person such a charge in respect of its seizure and retention as is provided for in regulation 6; and
c
produces at a police station specified in the seizure notice a valid certificate of insurance covering his use of that vehicle and a valid licence authorising him to drive the vehicle,
the authorised person shall permit him to remove the vehicle from his custody.
2
Where a person satisfies paragraph (1)(a) and (b) but cannot satisfy paragraph (1)(c), and nominates for this purpose a third person who produces a valid certificate of insurance covering that person’s use of that vehicle and a valid driving licence authorising that person to drive that vehicle, the authorised person shall permit that person to remove the vehicle from his custody.
3
In determining whether he is satisfied that a person who claims to be the owner of a relevant motor vehicle is in fact the owner, an authorised person may consider such documentary evidence as that person may supply them.
4
In determining whether he is satisfied that a person who claims to be the registered keeper of a relevant motor vehicle is in fact the relevant keeper, an authorised person shall refer to the register.
5
A person who would otherwise be liable to pay a charge under paragraph (1) shall not be liable to pay if —
a
he was not driving the vehicle at the time it was seized under section 165A of the 1988 Act; and
b
he did not know that the vehicle was being driven at that time, had not consented to its being driven and could not, by the taking of reasonable steps, have prevented it from being driven.
Charges in relation to the seizure and retention of a motor vehicle
6
1
The charge payable under regulation 5(1) shall be —
a
in respect of the vehicle’s seizure, £105; and
b
in respect of retention, £12 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authorised person.
2
For the purposes of paragraph (1)(b), each period of 24 hours shall be calculated from noon on the first day after seizure during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
Disposal of motor vehicles
7
1
Subject to paragraph (2), the authorised person may, in such manner as he thinks fit, dispose of the vehicle at any time if —
a
where the registered keeper and owner of the vehicle appear to be the same person —
i
that person fails to comply with any requirement in a seizure notice given to him under regulation 4(2); or
ii
the authorised person was not able, having taken such steps as were reasonably practicable, to give a seizure notice to that person;
b
where the registered keeper and owner appear to be different —
i
where a seizure notice was given to both of those persons under regulation 4(2), neither the registered keeper nor the owner of the vehicle comply with all requirements in that seizure notice;
ii
where the authorised person was only able, having taken such steps as were reasonably practicable, to give a seizure notice to one of those persons under regulation 4(2), that person failed to comply with any requirement in that seizure notice; or
iii
the authorised person was not able, having taken such steps as were reasonably practicable, to give a seizure notice to either the registered keeper or the owner.
2
The authorised person may not dispose of the vehicle under this regulation —
a
during the period of 14 days starting with the date on which the vehicle was seized;
b
if the period in sub-paragraph (a) has expired, until after the date specified in the seizure notice in accordance with regulation 4(4)(c); or
c
if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 working days starting with the date on which the vehicle is claimed under regulation 5.
Payment of proceeds of sale to owner of vehicle
8
1
Where the authorised person disposes of a motor vehicle in pursuance of these Regulations by means of sale, he shall pay the net proceeds of sale to any person who, before the end of the period of one year beginning with the date on which the vehicle is sold, satisfies the authorised person that at the time of the sale he was the owner of the vehicle.
2
If it appears to the authorised person that more than one person is the owner of a particular vehicle, such one of them as the authorised person thinks fit shall be treated as its owner for the purposes of paragraph (1).
3
In this regulation, “the net proceeds of sale” means any sum by which the proceeds of sale exceed the aggregate of such sums as may be payable under these Regulations in respect of the seizure and retention of the vehicle.
Paul Goggins
Parliamentary Under Secretary of State
Home Office
13th June 2005


text:
Citation and commencement
1
These Regulations may be cited as the Day Care and Child Minding (National Standards) (Amendment) (England) Regulations 2005 and shall come into force on 3rd October 2005.
Amendment of the Principal Regulations
2
The Day Care and Child Minding (National Standards) (England) Regulations 2003 are amended as set out in regulations 3 to 7.
3
After regulation 6 insert —
Complaints
6A
1
In this regulation “complaint” means a complaint —
a
made in writing or in electronic form;
b
made by a parent of a child in respect of whom the registered person acts as a childminder or as a provider of day care;
c
which relates to one or more of the national standards;
d
made on or after the date of the coming into force of these Regulations.
2
The registered person shall ensure that any complaint made to him is fully investigated.
3
The registered person shall as soon as is reasonably practicable, and in any event within 28 days of the date on which the complaint is made, provide to the parent who made the complaint an account of the findings of the investigation into the complaint and of the action, if any, that has been or is to be taken as a result and shall, if the parent so requests, confirm the account in written or electronic form.
4
A person registered as a provider of day care shall prepare and follow a written procedure for considering complaints made by a parent of any child for whom he provides such care.
5
The procedure referred to in paragraph (4) shall in particular provide arrangements for the procedure to be made known to any such parent and a copy of the procedure shall be supplied by the registered person to such parent upon request.
6
The registered person shall ensure that a written record is made of any complaint, the action taken in response and the outcome of the investigation.
7
The registered person shall on request provide to —
a
any parent of a child for whom the registered person acts as a childminder or a provider of day care; and
b
the Chief Inspector,
a summary of any record made for the purposes of paragraph (6).
8
The registered person shall keep at the premises, or at another location notified to and agreed by the Chief Inspector, the records referred to in paragraph (6) and shall ensure that those records are preserved for a period of ten years from the date on which the record was made.
9
The registered person shall, at the request of the Chief Inspector and within such reasonable time as he may specify, provide the Chief Inspector with a list of all complaints made within such period of time as may be specified by the Chief Inspector and recorded pursuant to paragraph (6).
10
Nothing in paragraphs (3) or (7) shall require the disclosure of any information the disclosure of which is prohibited by any other enactment.
.
4
In regulation 8(1), after “regulation 4(2)” insert “, regulation 6A(2) to (9)”.
5
At the end of Schedule 1 insert —
In each as amended by the “National Standards for Under Eights' Day Care and Child Minding: Addendum” ISBN 1 84478 299 9.
.
6
In paragraph 2 of Schedule 2, omit sub-paragraphs (1)(b) and (1)(c).
7
In paragraph 8 of Schedule 2, omit the words after “premises” where that word appears for the first time.
Beverley Hughes
Minister of State
Department for Education and Skills