text:
Citation and commencement
1
These Rules may be cited as the Family Proceedings (Amendment) (No.2) Rules 2007 and shall come into force on 1st October 2007.
Amendments to the Family Proceedings Rules 1991
2
The Family Proceedings Rules 1991 shall be amended in accordance with the provisions of these Rules.
3
In the Arrangement of Rules —
a
after the entry for rule 4.11A insert —
4.11AA
Additional powers and duties of officers of the service and Welsh family proceedings officers: family assistance order reports and risk assessments
;
b
after the entry for rule 4.13 insert —
4.13A
Local authority officers preparing family assistance order reports
; and
c
after the entry for rule 4.17A insert —
4.17AA
Service of risk assessments
.
4
In rule 2.9(2)(a), for the words “person under disability” substitute “child or protected party”.
5
In rule 2.24(1)(a), for the words “person under disability” substitute “child or protected party within the meaning of rule 9.1”.
6
In rule 3.4(4)(c) —
a
for the word “minor” substitute “child”; and
b
for the word “patient” substitute “protected party”.
7
In rule 4.1 —
a
in paragraph (1) —
i
after the definition of “emergency protection order” insert —
“family assistance order report” means a report to the court pursuant to a direction in a family assistance order under section 16(6);
; and
ii
after the definition of “recovery order” insert —
“risk assessment” has the meaning assigned to it by section 16A(3);
and
b
in paragraph (2)(c), delete “16(6),”.
8
In rule 4.5 —
a
in paragraph (3) —
i
after “children’s guardian” delete “or” and insert “,”;
ii
after “welfare officer” delete “or” and insert “,”; and
iii
after “children and family reporter” insert “, or the officer of the service or the Welsh family proceedings officer who is preparing or has prepared a family assistance order report or a risk assessment”;
b
in paragraph (4) —
i
in sub-paragraph (a) —
aa
for “or” the third time it appears substitute “, the”; and
bb
after “children and family reporter” insert “or the officer of the service or the Welsh family proceedings officer who is preparing or has prepared a family assistance order report or a risk assessment”; and
ii
in sub-paragraph (b) —
aa
after “the children’s guardian” delete “and” and insert “,”;
bb
after “welfare officer” delete “or” and insert “,”; and
cc
after “children and family reporter” insert “and the officer of the service or the Welsh family proceedings officer who is preparing or has prepared a family assistance order report or a risk assessment”.
9
In rule 4.11 —
a
in paragraph (1) after “section 7(1)(a)” delete “or” and insert “, section 16(6), section 16A”; and
b
in paragraph (3) after “4.11A” insert “, 4.11AA”.
10
After rule 4.11A insert the following rule —
Additional powers and duties of officers of the service and Welsh family proceedings officers: family assistance order reports and risk assessments
44.11AA
1
This rule applies where an officer of the service or a Welsh family proceedings officer is preparing or has prepared —
a
a family assistance order report; or
b
a risk assessment.
2
When an officer of the service or a Welsh family proceedings officer is preparing a family assistance order report or a risk assessment he must consider whether —
a
to notify the child of such of the contents of the report or assessment as he considers appropriate to the age and understanding of the child;
b
to recommend in the report or assessment that the court lists a hearing for the purposes of considering the report or assessment;
c
it is in the best interests of the child for the child to be made a party to the proceedings.
3
If the officer of the service or the Welsh family proceedings officer decides to notify the child of any of the contents of the report or assessment, he must explain those contents to the child in a manner appropriate to the child’s age and understanding.
4
If the officer of the service or the Welsh family proceedings officer considers that the child should be made a party to the proceedings he must notify the court of his opinion together with the reasons for that opinion.
5
If the officer of the service or the Welsh family proceedings officer considers that the court should exercise its discretion under rule 4.17AA(2) in relation to service of a risk assessment, he must state in the risk assessment —
a
the way in which he considers the court should exercise its discretion (including his view on the length of any suggested delay in service); and
b
his reasons for reaching his view.
6
The officer of the service or the Welsh family proceedings officer must file the report or assessment with the court —
a
at or by the time directed by the court;
b
in the absence of any such direction, at least 14 days before a relevant hearing; or
c
where there has been no direction from the court and no relevant hearing is listed, as soon as possible following completion of the report or assessment.
7
In paragraph (6), a hearing is a relevant hearing if the proper officer has given the officer of the service or the Welsh family proceedings officer notice that the report or assessment is to be considered at it.
8
When an officer of the service or a Welsh family proceedings officer prepares a family assistance order report, he shall, as soon as practicable, serve copies of that report on —
a
each party; and
b
any local authority that is preparing or has prepared a report under section 14A(8) or (9).
9
At any hearing where a family assistance order report or a risk assessment is considered, any party may question the officer of the service or the Welsh family proceedings officer about the report or assessment.
.
11
After rule 4.13 insert the following rule —
Local authority officers preparing family assistance order reports
4.13A
Where a family assistance order directs a local authority officer to prepare a family assistance order report, rules 4.5, 4.13, 4.14(1)(a)(i) and (2), 4.15(2) and 4.17(1) shall apply to, or in respect of, the local authority officer preparing a family assistance order report as they would apply to, or in respect of, a welfare officer preparing a report in accordance with section 7(1)(b).
.
12
In rule 4.14 —
a
for paragraph (1) substitute —
1
In this rule, “party” includes the children’s guardian and, where a request or direction is or are concerned with —
a
a report under —
i
section 7, the welfare officer or children and family reporter;
ii
section 14A(8) or (9), the local authority preparing that report;
b
a family assistance order report, the officer of the service or the Welsh family proceedings officer who is preparing the report;
c
a risk assessment, the officer of the service or the Welsh family proceedings officer who is preparing the assessment.
;
b
in paragraph (2)(k), after “considered” insert —
;
l
the preparation of family assistance order reports;
m
listing a hearing for the purposes of considering the contents of a risk assessment
; and
c
after paragraph (9) insert —
9A
After the filing of a family assistance order report or a risk assessment, the court may direct that the officer of the service or the Welsh family proceedings officer attend any hearing at which the report or assessment is to be considered.
.
13
In rule 4.15(2)(ii) —
a
for “or” the third time it appears substitute “, ”;
b
for “or” the fourth time it appears substitute “, the”; and
c
after “children and family reporter” insert “or the officer of the service or the Welsh family proceedings officer who is preparing or has prepared a family assistance order report or a risk assessment”.
14
In rule 4.17(1) —
a
for “or” the third time it appears substitute “, any”; and
b
after “children and family reporter” insert “, any officer of the service or any Welsh family proceedings officer who is preparing or has prepared a family assistance order report or a risk assessment”.
15
After rule 4.17A insert the following rule —
Service of risk assessments
44.17AA
1
Where an officer of the service or a Welsh family proceedings officer has filed a risk assessment with the court, subject to paragraph (2), the proper officer shall as soon as practicable serve copies of the risk assessment on —
a
each party; and
b
any local authority that is preparing or has prepared a report under section 14A(8) or (9).
2
Before serving the risk assessment, the court must consider whether, in order to prevent a risk of harm to the child, it is necessary for —
a
information to be deleted from a copy of the risk assessment before that copy is served on a party; or
b
service of a copy of the risk assessment (whether with information deleted from it or not) on a party to be delayed for a specified period,
and may direct accordingly.
.
16
1
In rule 9.1(1) —
a
omit the definitions of –
i
“patient”,
ii
“person under disability”, and
iii
“Part VII”; and
b
in the appropriate alphabetical position, insert –
“the 2005 Act ” means the Mental Capacity Act 2005 ;
“child” means a person under 18;
“deputy” has the meaning given in section 16(2)(b) of the 2005 Act;
“enduring power of attorney” has the meaning given in Schedule 4 to the 2005 Act;
“lasting power of attorney” has the meaning given in section 9 of the 2005 Act;
“protected party” means a party, or an intended party, who lacks capacity (within the meaning of the 2005 Act) to conduct the proceedings;
.
2
In rules 9.1(2) and (3), for each reference to “minors” substitute a reference to “children”.
17
1
In the title of rule 9.2, for the words “Person under disability” substitute “Child or protected party”.
2
In rule 9.2 —
a
for each reference to “person under disability” substitute a reference to “child or protected party”;
b
for each reference to “patient” substitute a reference to “protected party”;
c
for each reference to “minor” substitute a reference to “child”; and
d
for each reference to “is authorised under Part VII” substitute a reference to “has authority as a deputy”.
3
In rule 9.2(3), for the word “authority”, substitute “power”.
4
In rule 9.2(4), for the words “authorised under Part VII”, substitute “with authority as a deputy”.
5
In rule 9.2(7) –
a
in paragraph (b) –
i
omit the words “under disability”, and
ii
for the words “the order or other authorisation made or given under Part VII”, substitute “the document conferring his authority to act”; and
b
in paragraph (c)(i) –
i
omit the words “under disability”, and
ii
for the words “authorised as aforesaid”, substitute “with authority as a deputy to conduct the proceedings in the name of a protected party or on his behalf”.
18
1
In the title of rule 9.2A, for the word “minors” substitute “children”.
2
In rule 9.2A, for each reference to “minor”, substitute a reference to “child”.
19
1
In the title of rule 9.3, for the words “person under disability” substitute “child or protected party”.
2
In rule 9.3 —
a
for each reference to “person under disability” substitute a reference to “child or protected party”; and
b
for each reference to “patient” substitute a reference to “protected party”.
3
In rule 9.3(1)(a), for the word “minor” substitute “child”.
4
For rule 9.3(1)(b)(i), substitute –
i
on the person (if any) who is the attorney of a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party, or
.
5
In rule 9.3(1)(b)(ii), for the words “person so authorised” substitute “attorney of a registered enduring power of attorney, donee of a lasting power of attorney or deputy of the protected party”.
20
1
Rule 10.20A is amended as follows.
2
In the table in paragraph (3), after the entry relating to communication of information from a party to a health care professional or a person or body providing counselling services for children or families insert —
A party The Secretary of State, a McKenzie Friend, a lay adviser or an appeal tribunal dealing with an appeal made under section 20 of the Child Support Act 1991 For the purposes of making or responding to an appeal under section 20 of the Child Support Act 1991 or the determination of such an appeal. A party An adoption panel To enable the adoption panel to discharge its functions as appropriate.
3
In paragraph (5) after the definition of “accreditation body” insert —
“adoption panel” means a panel established in accordance with regulation 3 of the Adoption Agencies Regulations 2005 or regulation 3 of the Adoption Agencies (Wales) Regulations 2005 ;
.
21
In rule 10.21A —
a
the existing paragraph shall stand as paragraph (1); and
b
after paragraph (1) insert —
2
For the purposes of the law relating to contempt of court, information relating to ancillary relief proceedings held in private may be communicated, subject to any direction of the court, by a party to the proceedings to —
a
the Secretary of State;
b
a McKenzie Friend or a lay adviser; or
c
an appeal tribunal dealing with an appeal made under section 20 of the Child Support Act 1991
for the purposes of making or responding to an appeal under section 20 of the Act of 1991 or the determination of such an appeal.
3
For the purposes of this rule the definitions of “McKenzie Friend” and “lay adviser” in rule 10.20A apply.
.
22
In Appendix 1, in form C42 (family assistance order) —
a
immediately after the section headed “The Court directs” insert —
Where —
a
there are no proceedings pending under Part 2 Children Act 1989;
b
the officer of the service / Welsh family proceedings officer made available under this order is given cause to suspect, whilst this order is in force, that the child concerned is at risk of harm; and
c
as a result, the officer makes a risk assessment under section 16A of that Act,
the officer may apply to the court for it to revive the previous proceedings and to consider that risk assessment and give such directions as the court thinks necessary.
; and
b
for “6 months” substitute “12 months”.
23
In Appendix 2, in paragraph 4(b), for the words “person under disability” substitute “child or protected party within the meaning of rule 9.1”.
24
In Appendix 3, column (i), in the row which begins “Section 4(1)(c)”, omit “16(6),”.
Mark Potter, P
Duncan Adam
Bruce Edgington
Angela Finnerty
Charles Hyde
David Salter
Philip Waller
I allow these Rules
Jack Straw
Lord Chancellor
23rd July 2007


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2007 and comes into force on 1st July 2007.
2
Articles 3(a) and 4 have effect in relation to supplies made on or after 1st July 2007.
3
Articles 3(b) and 5 have effect in relation to supplies made on or after 1st July 2007 but before 1st July 2008.
2
Schedule 7A to the Value Added Tax Act 1994 (charge at reduced rate) is amended as follows.
3
In Part 1 —
a
after the entry for “Heating equipment, security goods and gas supplies etc ” insert —
Installation of mobility aids for the elderly……………….Group 10
; and
b
after the entry for “Residential conversions” insert —
Smoking cessation products……………………………….Group 11
.
4
In Part 2, insert at the end —
GROUP 10 – INSTALLATION OF MOBILITY AIDS FOR THE ELDERLY
ITEM NO.
1
The supply of services of installing mobility aids for use in domestic accommodation by a person who, at the time of the supply, is aged 60 or over.
2
The supply of mobility aids by a person installing them for use in domestic accommodation by a person who, at the time of the supply, is aged 60 or over.
NOTES:
Meaning of “mobility aids”
1
For the purposes of this Group “mobility aids” means any of the following —
a
grab rails;
b
ramps;
c
stair lifts;
d
bath lifts;
e
built-in shower seats or showers containing built-in shower seats;
f
walk-in baths fitted with sealable doors.
Meaning of “domestic accommodation”
2
For the purposes of this Group “domestic accommodation” means a building, or part of a building, that consists of a dwelling or a number of dwellings.
.
5
In Part 2, after Group 10 (as inserted by Article 4) insert —
GROUP 11 — SMOKING CESSATION PRODUCTS
ITEM NO.
1
Supplies of pharmaceutical products designed to help people to stop smoking tobacco.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Biocidal Products (Amendment) Regulations 2007 and shall come into force on 6 th April 2007.
Amendment of the Biocidal Products Regulations 2001
2
The Biocidal Products Regulations 2001 are amended as follows.
3
In regulation 2(1) —
a
for the definition of “the 1994 Regulations” substitute —
“the 2002 Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ;
;
b
in the definition of “approved supply list”, for “the 1994 Regulations” substitute “the 2002 Regulations”;
c
in the definition of “classified”, for “regulation 5 of the 1994 Regulations” substitute “regulation 4 of the 2002 Regulations”;
d
in the definition of “the Directive”, after “16 th February 1998” insert “as from time to time amended,”;
e
for the definition of “existing active substance”, substitute —
“existing active substance” means an active substance on the market in the European Community before 14th May 2000 as an active substance of a biocidal product for a purpose other than process-orientated research and development or scientific research or development ;
;
f
in the definition of “first review regulation”, after “Commission Regulation (EC) 1896/2000 ” add “as from time to time amended”;
g
for the definition of “new active substance” substitute —
“new active substance” means an active substance which is not an existing active substance, but in regulations 13 and 14 shall not include any active substance that is deemed not to have been placed on the market in the European Community for biocidal purposes before 14th May 2000 by virtue of the second review regulation;
; and
h
after the definition of “Scotland”, insert —
“the second review regulation” means Commission Regulation (EC) No. 2032/2003 as from time to time amended;
.
4
In regulation 3 —
a
omit paragraph 3(2);
b
in paragraph (3), for “Schedule 3 to the 1995 Regulations” substitute “Schedule 4 to the 2005 Regulations”;
c
in paragraph (5), for “regulation 5(1)(c) of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994” substitute “paragraph 2(c) of Schedule 4 to the Veterinary Medicines Regulations 2005 ”; and
d
in paragraph (8) —
i
for sub-paragraph (a), substitute —
a
the 2005 Regulations ” means the Plant Protection Products Regulations 2005 ; and
, and
ii
in sub-paragraph (b), for “Schedule 3 to the 1995 Regulations” substitute “Schedule 4 to the 2005 Regulations”.
5
After regulation 3, insert —
3A
1
.–(1) Subject to Schedule 13 and paragraphs (2) and (3) below, these Regulations shall not apply to a biocidal product which contains no active substances other than existing active substances.
2
Paragraph (1) shall cease to apply on 14 th May 2010.
3
Notwithstanding paragraph (1) above but subject to regulation 3, regulations 29, 33, 39A and Schedule 12A shall apply to all biocidal products.
6
In regulation 5, in paragraph (a)(ii) for “micro-oganism” substitute “micro-organism”.
7
In regulations 4, 5, 6 and 7, for each reference to “new active substance” substitute a reference to “active substance”.
8
In regulation 9 —
a
at the beginning of paragraph (4), insert “Subject to paragraph (6A)”; and
b
after paragraph (6), insert —
6A
Where the applicant justifies the omission to the satisfaction of the Ministers, the applicant may omit from a dossier submitted in accordance with paragraph (4)(a) information which —
a
is not necessary owing to the nature of —
i
the biocidal product, or
ii
its proposed uses; or
b
it is not scientifically necessary or technically possible to supply.
.
9
In regulation 10(7)(a)(ii), after “its proposed uses;” insert “or”.
10
In regulation 13 —
a
in paragraph (1), after “regulation 5” add “, or to a competent authority under Article 11”;
b
for paragraph (2), substitute —
2
The Ministers shall not authorise a biocidal product under paragraph (1) unless the Ministers have made the determinations referred to in Schedule 3 and either —
a
in accordance with regulation 6(2), they have evaluated the new active substance contained in that biocidal product which is not included in Annex I or Annex IA; or
b
they are satisfied that an evaluation has been carried out by a competent authority of the new active substance contained in that biocidal product which is not included in Annex I or Annex IA.
; and
c
in paragraph (4) —
i
omit “and”, and
ii
omit sub-paragraph (b).
11
In regulation 14 —
a
in paragraph (1)(a), after “regulation 5” add “, or to a competent authority under Article 11;”;
b
for paragraph (2), substitute —
2
The Ministers shall not register a biocidal product under paragraph (1) unless the Ministers have made the determinations referred to in Schedule 3 and either —
a
in accordance with regulation 6(2), they have evaluated the new active substance contained in that biocidal product which is not included in Annex IA; or
b
they are satisfied that an evaluation has been carried out by a competent authority of the new active substance contained in that biocidal product which is not included in Annex IA.
; and
c
in paragraph (5) —
i
omit “and”, and
ii
omit sub-paragraph (b).
12
In regulation 15(6), in sub-paragraphs (a) and (b) after “regulation 9, 11, 13” insert “,15A”.
13
After regulation 15, insert —
Essential use authorisation
15A
1
Where a person submits an application under this regulation to the Ministers for the authorisation of an essential use biocidal product, the Ministers may authorise the placing on the market of that product .
2
In this regulation, an “essential use biocidal product” means a biocidal product containing an active substance listed in column 1 of the table in Schedule 5A for the use listed in column 2 of that table.
3
The Ministers shall grant an authorisation under paragraph (1) only if they are satisfied that the essential use biocidal product has no unacceptable effect on human or animal health or on the environment.
4
An authorisation granted under paragraph (1) shall include the following conditions —
a
that the biocidal product is placed on the market only for the essential use set out in column 2 of the table in Schedule 5A;
b
all risk reduction measures that the Ministers consider appropriate for that product are imposed;
c
that the label of the biocidal product shows that it is intended only for the essential use set out in column 2 of the table in Schedule 5A.
5
An authorisation granted under paragraph (1) shall expire on the date specified in column 3 of the table in Schedule 5A.
6
The Ministers may extend an authorisation granted under paragraph (1) if the Commission makes a decision or adopts a regulation to that effect.
.
14
In regulation 16(9)(a), after “regulation 9, 11, 13” wherever it appears insert “, 15A”.
15
In regulation 19 —
a
in paragraph (2) —
i
in sub-paragraph (a), for “or 13” substitute “, 13 or 15A”, and
ii
in sub-paragraph (b), after “15” add “, 15A”;
b
after paragraph (10), insert —
10A
The Ministers shall revoke an authorisation made under regulation 15A where —
a
they consider that the biocidal product no longer satisfies the requirement referred to in regulation 15A(3);
b
they consider that any of the conditions set out in regulation 15A(4) and contained in the authorisation are not being complied with; or
c
a Commission decision requires the authorisation to be revoked.
.
16
1
In regulation 20, after paragraph (2) insert —
2A
Where a modification of the conditions of use, proposed under paragraphs (1) or (2) above, would result in an extension of uses to which the biocidal product can be put, the Ministers, in modifying the conditions of use, shall ensure that any requirements set out in Annex I or Annex IA relating to the active substance in the biocidal product remain satisfied.
2B
The Ministers, in modifying the conditions of use subject to which an authorisation or a registration is granted under these Regulations, shall ensure that the requirements referred to in paragraphs 1(a)-(d) and 4(b) of Schedule 3 remain satisfied.
.
2
After paragraph (3), insert —
3A
The Ministers may review an authorisation of a biocidal product granted under regulation 15A at any time if there are indications that —
a
the biocidal product no longer satisfies the requirement referred to in regulation 15A(3); or
b
any of the conditions contained in the authorisation set out in regulation 15A(4) are not being complied with;
and
3
In paragraph (5), after “paragraph (3)” insert “an authorisation under paragraph (3A)”.
17
In regulation 29(6) omit “ NHS Trust”.
18
In regulation 32, for “regulations 9 to 15” substitute “regulations 9 to 15A”.
19
In regulation 34 —
a
in paragraphs (2) and (5), after “in paragraph (1)” insert “or made under regulation 15A”; and
b
in paragraph (7)(a), after “regulation 9, 11, 13, 15”, insert “,15A”.
20
In regulation 36(1) in sub-paragraphs (d) to (g), for “regulations 9 to15” wherever it appears substitute “regulations 9 to15A”.
21
For regulation 37, substitute —
37
1
Every test carried out in support of an application under regulations 9 to 15A and 17 shall be conducted in accordance with such guidance as may be issued by the Ministers.
2
Before any tests referred to in paragraph (1) are carried out the applicant must carry out an evaluation into the adequacy of existing data and make a decision on the need to conduct tests, taking into account, among other things, the need to minimise testing on vertebrate animals.
.
22
In paragraph 13 of Schedule 4, for “the 1994 Regulations” substitute “the 2002 Regulations”.
23
After Schedule 5, add the Schedule set out in the Schedule to these Regulations.
24
In paragraph 6 of Schedule 6 —
a
for “the 1994 Regulations”, substitute “the 2002 Regulations”; and
b
for “paragraph 18(1)” substitute “paragraph 6(1)”.
25
In paragraph 4 of Schedule 7, for “the 1994 Regulations” substitute “the 2002 Regulations”.
26
In paragraph 3 of Schedule 12, after sub-paragraph (h) insert —
ha
an application under regulation 15A for the authorisation of a biocidal product for an essential use;
27
In Schedule 12A —
a
in paragraph 4(a)(i), after “regulations 9 to 14” insert “or 15A”.
b
in paragraph 17, after “regulations 9 to 14” insert “or 15A”.
28
In Schedule 13 —
a
after paragraph 2 insert —
2A
In relation to those active substances to which the first sub-paragraph of Article 4.2 of the second review regulation refers, a decision referred to in paragraph 2(b) of this Schedule not to include those active substances in Annex I, IA or IB shall be deemed to have taken effect, and these Regulations shall apply to a biocidal product which contains any of those active substances.
;
b
for paragraph 4 substitute —
4
Where there is more than one unlisted active substance in a biocidal product, these Regulations shall not apply to that biocidal product until either —
a
a decision referred to in paragraph 2(a) to include the last of those unlisted active substances in Annex I, IA or IB takes effect, provided that such a decision has been made to include all other active substances in that biocidal product in either Annex I, IA or IB; or
b
a decision referred to in paragraph 2(b) not to include an unlisted active substance present in the biocidal product in Annex I, IA or IB takes effect.
;
c
in paragraph 14 —
i
in sub-paragraph (a), for “paragraph 10” substitute “paragraph 13” and omit “and” at the end; and
ii
omit sub-paragraph (b); and
d
in paragraph 15 —
i
after “other than regulation 29,” insert “33, 39A or Schedule 12A,”; and
ii
omit sub-paragraph (c).
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under Secretary of State,
Department for Work and Pensions
6th February 2007


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limit) Order 2007 and shall come into force on 11th April 2007.
Increase in earnings limits in respect of dependent children and qualifying young persons
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for the amount “£175” substitute the amount “£180”; and
b
in paragraph (b), for the amount “£23” substitute the amount “£24” and for the amount “£175” substitute the amount “£180”.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
8th March 2007


text:
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 4) Order 2007.
2
This Order extends to Scotland and Northern Ireland.
2
Section 41 (immigration and asylum enforcement function: complaints and misconduct) of the Police and Justice Act 2006 shall come into force in Scotland and Northern Ireland on 10th October 2007.
Tony McNulty
Minister of State
Home Office
17th September 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Traffic Management (Guidance on Intervention Criteria) (England) Order 2007 and shall come into force on 12th March 2007.
2
This order applies as respects England only .
Guidance on intervention criteria
2
The guidance about the criteria which the Secretary of State proposes to apply for the purpose of deciding whether to give an intervention notice or make an intervention order is appended in the Schedule to this order.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
7th February 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scarborough and North East Yorkshire Health Care National Health Service Trust (Transfer of Trust Property) Order 2007 and shall come into force on 1 st December 2007.
2
In this Order —
“the old Trust” means the Scarborough and North East Yorkshire Health Care National Health Service Trust ;
“the new Trust” means the North Yorkshire and York Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 10 th October 2007 and on behalf of the new Trust on 17 th October 2007.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the old Trust shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of State,
Department of Health
31st October 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Learning and Skills Council for England (Supplementary Functions) Order 2007 and comes into force on 14th May 2007.
2
This Order applies in relation to England.
Interpretation
2
In this Order —
“ the Council ” means the Learning and Skills Council for England
“the 1996 Act ” means the Education Act 1996 .
Powers and duties to be conferred and imposed on the Council
3
1
The Secretary of State confers and imposes the powers and duties mentioned in paragraph (2) on the Council, to the extent that they are exercisable in connection with —
a
the Secretary of State’s function under section 509AA(9) of the 1996 Act; or
b
any of the Secretary of State’s functions under any of sections 496 to 497B of the 1996 Act as regards anything done, proposed to be done or omitted to be done by a local education authority in England under section 509AA or 509AB of that Act.
2
The powers and duties mentioned in this paragraph are —
a
investigating and responding to complaints and queries from individuals and members of Parliament;
b
investigating legal claims against local education authorities which relate to the exercise of their functions under sections 509AA or 509AB of the 1996 Act;
c
mediating between interested parties where it appears to the Council that there is a reasonable case to answer;
d
resolving such complaints, claims and queries as appropriate; and
e
in the event that any complaint or claim cannot be resolved, preparing cases for consideration by the Secretary of State as to whether he should exercise any of his functions under section 509AA(9) or sections 496 to 497B of the 1996 Act.
Bill Rammell
Minister of State
Department for Education and Skills
3rd April 2007


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Benefits Received by Former Owner of Property) (Election for Inheritance Tax Treatment) Regulations 2007 and shall come into force on 14th November 2007.
Manner in which election to be made
2
An election under paragraph 21 or 22 of Schedule 15 to the Finance Act 2004 (power to elect for inheritance tax treatment of pre-owned assets) is to be made in writing on the form designated IHT 500 in the Schedule to these Regulations.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
19th October 2007


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) (Amendment) Order 2007 and comes into force on 31st December 2007.
Amendments to the Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) Order 2004
2
1
The Plant Health (Forestry) ( Phytophthora ramorum ) (Great Britain) Order 2004 is amended as follows.
2
In article 2 (interpretation), in the definition of “susceptible bark”, replace the words after “ Acer macrophyllum Pursh.,” with “ Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.”.
3
In article 13 (offences) —
a
for sub-paragraph (a) of paragraph (1) substitute —
a
subject to paragraph (1A), he contravenes or fails to comply with article 3, 4, 5(1) or 9(1);
; and
b
after paragraph (1), insert —
1A
Paragraph (1)(a) shall not apply where an article of any description is landed in Great Britain in contravention of a prohibition in this Order.
.
4
In the Schedule, for the first column substitute —
I. Susceptible material, other than susceptible wood and susceptible bark
Acer macrophyllum Pursh.
Acer pseudoplatanus L.
Adiantum aleuticum (Rupr.) Paris
Adiantum jordanii C. Muell.
Aesculus californica (Spach) Nutt.
Aesculus hippocastanum L.
Arbutus menziesii Pursch.
Arbutus unedo L.
Arctostaphylos spp. Adans
Calluna vulgaris (L.) Hull
Castanea sativa Mill.
Fagus sylvatica L.
Frangula californica (Eschsch.) Gray
Frangula purshiana (DC.) Cooper
Fraxinus excelsior L.
Griselinia littoralis (Raoul)
Hamamelis virginiana L.
Heteromeles arbutifolia (Lindley) M. Roemer
Kalmia latifolia L.
Laurus nobilis L.
Leucothoe spp. D. Don
Lithocarpus densiflorus (Hook. & Arn.) Rehd.
Lonicera hispidula (Lindl.) Dougl. ex Torr. & Gray
Magnolia spp. L.
Michelia doltsopa Buch.-Ham. ex DC
Nothofagus obliqua (Mirbel) Blume
Osmanthus heterophyllus (G. Don) P. S. Green
Parrotia persica (DC) C.A. Meyer
Photinia x fraseri Dress
Pieris spp. D. Don
Pseudotsuga menziesii (Mirbel) Franco
Quercus spp. L.
Rosa gymnocarpa Nutt.
Salix caprea L.
Sequoia sempervirens (Lamb. ex D. Don) Endl.
Syringa vulgaris L.
Taxus spp. L.
Trientalis latifolia (Hook)
Umbellularia californica (Hook. & Arn.) Nutt
Vaccinium ovatum Pursh
II. Susceptible wood
a. Wood of —
Acer macrophyllum Pursh.
Aesculus californica (Spach) Nutt.
Lithocarpus densiflorus (Hook. & Arn.) Rehd.
Taxus breviflora Nutt.
b. Wood of Quercus spp. L.
.
The Official Seal of the Forestry Commissioners
Wilma Harper
Secretary to the Forestry Commissioners
6th December 2007


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Science at Key Stage 4) (England) Order 2007 and comes into force on 1st September 2007.
2
In this Order, “ GCSE ” means General Certificate of Secondary Education.
3
This Order applies to maintained schools in England.
Specification of sets of qualifications
2
The following are specified as sets of qualifications for the purposes of section 85(3A)(b) of the Education Act 2002 —
a
Science GCSE and Additional Science GCSE;
b
Physics GCSE, Chemistry GCSE and Biology GCSE.
Jim Knight
Minister of State
Department for Children, Schools and Families
26 July 2007


text:
Citation and Commencement
1
These Regulations may be cited as the Coal Mines (Control of Inhalable Dust) Regulations 2007 and shall come into force on 1st October 2007.
Interpretation
2
In these Regulations —
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“approved” means approved for the time being in writing;
“control measure” means a measure taken to reduce exposure to inhalable dust (including the provision of systems of work and supervision and the provision and use of engineering controls and respiratory protective equipment);
“covered accommodation” means the covered accommodation provided in pursuance of regulation 36(1) of the Management and Administration of Safety and Health at Mines Regulations 1993 ;
“doctor” means a registered medical practitioner competent in occupational health;
“employer” includes the owner if he employs persons at work at the mine;
“ the Executive ” means the Health and Safety Executive;
“exposure control limit for respirable dust” means the exposure control limit approved from time to time by the Health and Safety Commission for respirable dust in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“exposure control limit for quartz” means the exposure control limit approved from time to time by the Health and Safety Commission for quartz in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“hazard”, in relation to inhalable dust, means the intrinsic property of that substance which has the potential to cause harm to the health of a person by inhalation, and “hazardous” shall be construed accordingly;
“health surveillance” means assessment of the state of health of an employee, as related to exposure to inhalable dust;
“inhalable dust” means airborne material which is capable of entering the nose and mouth during breathing, as defined by BS EN 481 1993;
“manager” means in relation to a mine, or part thereof, the person who is appointed under regulation 8 of the 1993 Regulations as the manager of that mine;
“medical examination” includes any laboratory tests and X-rays that a doctor may require;
“mine” means any mine within the meaning of section 180 of the 1954 Act;
“owner” means any owner within the meaning of section 181 of the 1954 Act;
“quartz content” means, in relation to a sample of air, such portion of the respirable dust content of that sample as is attributable to respirable dust consisting of crystalline silica;
“relevant operations” means work which produces inhalable dust;
“respirable dust” means airborne material which is capable of penetrating to the gas exchange area of the lung, as defined by BS EN 481 1993;
“respirable dust content” means, in relation to a sample of air, the average weight in milligrammes of the respirable dust found to be present in each cubic metre of the air sampled;
“respiratory protective equipment” means all such equipment which is intended to be worn or held by a person at work and which protects that person against risks to his health from inhalation of harmful substances, and any addition or accessory designed to meet that objective;
“risk”, in relation to the exposure of a person at work to inhalable dust, means the likelihood that the potential for harm to the health of a person will be attained under the conditions of use and exposure, and also the extent of that harm;
“the risk assessment” means the assessment of risk required by regulation 4(1)(a);
“tourist mine” means a mine the principal activity of which is to demonstrate the mine or the workings of the mine to persons not at work at the mine; rather than the getting of minerals or the products of minerals;
“working day” does not include a Saturday, Sunday or day of public or colliery holiday.
Application
3
1
Subject to paragraph (2), these Regulations shall have effect with a view to protecting persons at work below ground in coal mines against a risk to their health arising from exposure to inhalable dust of mineral origin.
2
These Regulations shall not apply to a tourist mine.
Assessment of the risk to health created by work involving exposure to inhalable dust
4
1
No manager shall permit work to be carried out which is liable to expose persons to inhalable dust until —
a
he, or a person appointed by him with competence in underground mining practice and sampling techniques, has made a suitable and sufficient assessment of —
i
the risk created by that work to the health of those persons; and
ii
the steps that need to be taken to meet the requirements of these Regulations; and
b
the steps referred to in sub-paragraph (a)(ii) have been implemented.
2
The risk assessment shall include consideration of —
a
the hazardous properties of inhalable dust likely to occur in the mine;
b
the level, type and duration of exposure;
c
the circumstances of the work, including changes in the nature of the work from one shift to the next and differing shift lengths;
d
activities where there is the potential for a high level of exposure;
e
the relevant exposure control limits;
f
the effect of preventive and control measures which have been or will be taken in accordance with regulation 5;
g
the results of relevant health surveillance;
h
the results of any relevant sampling of exposure; and
i
such additional information as the manager may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed regularly, and forthwith if —
a
there is reason to suspect that the risk assessment is no longer valid;
b
there has been a significant change in the work to which the risk assessment relates; or
c
the results of any sampling carried out in accordance with regulation 8 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4
The manager shall ensure that —
a
the significant findings of the risk assessment; and
b
the steps referred to in paragraph (1)(a)(ii),
are recorded.
5
Within one month of the commencement of work, the manager shall ensure that the results of the risk assessment have been validated by the taking and subsequent evaluation of suitable and sufficient air samples.
Prevention or control of exposure to inhalable dust
5
1
Without prejudice to the requirements of regulation 10, the manager shall ensure that the exposure of persons at work to inhalable dust is either prevented or, where this is not reasonably practicable, reduced to as low a level as is reasonably practicable.
2
Where it is not reasonably practicable to prevent the exposure of persons at work to inhalable dust, and having regard to the risk assessment, the manager shall comply with his duty under paragraph (1) to reduce that exposure to as low a level as is reasonably practicable by the application of the following measures, in order of priority —
a
the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials;
b
the control of exposure at source, including adequate local ventilation systems and appropriate organizational measures;
c
the control of the working environment, including general ventilation; and
d
the provision of suitable respiratory protective equipment in addition to the measures required by sub-paragraphs (a), (b) and (c).
3
The measures referred to in paragraph (2) shall be recorded in the form of a suitable and sufficient scheme to reduce exposure to inhalable dust and shall include —
a
the adoption of suitable maintenance procedures; and
b
reducing to the minimum for the work concerned —
i
the level and duration of exposure, and
ii
the number of persons subject to exposure.
4
As soon as is practicable, the manager shall provide the Executive with a copy of the scheme required by paragraph (3) and, thereafter, any significant revision to that scheme.
5
Respiratory protective equipment provided by an employer in accordance with this regulation shall be suitable for the purpose and shall —
a
comply with any provision in the Personal Protective Equipment Regulations 2002 ; or
b
where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
Use of control measures etc.
6
1
Every manager who provides any control measure, other thing or facility in accordance with the scheme required by regulation 5(3), shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, other thing or facility provided in accordance with the scheme required by regulation 5(3) and, where relevant, shall —
a
take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
b
if he discovers a defect therein, report it forthwith to his supervisor.
Maintenance, examination and testing of control measures
7
1
Where the manager provides any control measure to meet the requirements of regulation 5, he shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order and in good repair.
2
Where engineering controls are provided to meet the requirements of regulation 5, the manager shall ensure that thorough examination and testing of those controls is carried out at suitable intervals as part of the scheme required by regulation 5(3).
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 5, the manager shall ensure that —
a
thorough examination and, where appropriate, testing of that equipment is carried out at suitable intervals; and
b
a well-defined place is used for storage of that equipment.
4
The manager shall keep a suitable record of the examinations and tests carried out in accordance with paragraphs (2) and (3) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Sampling scheme for respirable dust
8
1
The manager shall operate a suitable and sufficient sampling scheme designed to measure the levels of respirable dust and quartz to which persons are exposed below ground at the mine.
2
The sampling scheme required by paragraph (1) shall specify —
a
the method by which samples are to be taken;
b
the persons who are to be sampled;
c
the locations at which samples are to be taken;
d
the frequency with which samples are to be taken; and
e
the type of sampling instrument which is to be used.
3
Every sample taken under the sampling scheme required by paragraph (1) shall be so taken as to be representative of the general body of the air in the vicinity of the persons in relation to whom it is taken throughout a working shift below ground.
4
The manager shall appoint a competent person to supervise the operation of the sampling scheme required by paragraph (1).
Evaluation of samples
9
1
The mine owner shall make arrangements to ensure that the respirable dust content and, unless it would be inappropriate, the quartz content of each sample required to be taken by these Regulations is determined at a suitable laboratory.
2
The mine owner shall make arrangements to ensure that —
a
the mine manager is notified of the respirable dust content and, where appropriate, the quartz content of each sample determined in accordance with paragraph (1) —
i
where an exposure control limit is exceeded, immediately, and
ii
in all other cases, within 4 working days of the sample being taken; and
b
a record is kept of each such determination.
3
As soon as is practicable, the mine owner shall provide the Executive with details of the arrangements required by paragraphs (1) and (2) and, thereafter, any significant revision to those arrangements.
4
The manager shall ensure that a notice specifying every respirable dust content and quartz content notified to him under paragraph (2) is displayed in the covered accommodation for a period of 30 days commencing with the date of notification.
5
The manager shall ensure that a suitable record of sampling carried out for the purpose of these Regulations is made and maintained and that that record or a suitable summary thereof is kept available for at least 5 years from the date of the last entry made in it.
Action to be taken in the event of excessive dust
10
1
Where a manager is notified that a sample determination made as part of the sampling scheme required by regulation 8(1) exceeds the exposure control limit for respirable dust or the exposure control limit for quartz, he shall —
a
determine the reason why the relevant exposure control limit was exceeded;
b
take any appropriate remedial action; and
c
within 15 working days of receipt of that notification, ensure that a further 5 samples have been taken on 5 representative working shifts in order to determine the state of compliance with the relevant exposure control limit; or
d
if it is not practicable to comply with sub-paragraph (c) he shall —
i
apply to the Executive in writing for consent to an extended period of time within which to complete the taking of the five samples as required in sub-paragraph (c), or
ii
ensure that relevant operations are stopped in the affected part of the mine, leaving that part in a safe condition, and inform the Executive in writing accordingly.
2
If the average of the 5 sample determinations made in accordance with paragraph (1)(c) or (1)(d)(i) exceeds the exposure control limit for respirable dust or the exposure control limit for quartz, the manager shall —
a
ensure that relevant operations are stopped in the affected part of the mine as soon as this can be done consistently with leaving that part in a safe condition, and inform the Executive in writing accordingly; or
b
permit relevant operations to continue in the affected part of the mine and provide justification for that decision to the Executive in writing forthwith .
3
If, in accordance with paragraph (2)(b), the manager has permitted relevant operations to continue, he shall ensure that a further 5 samples have been taken on 5 representative working shifts within 15 working days of receipt of the notification of the findings of the sample determinations referred to in paragraph (2).
4
If the average of the 5 sample determinations made in accordance with paragraph (3) exceeds the exposure control limit for respirable dust or the exposure control limit for quartz, the manager shall ensure that relevant operations are stopped in the affected part of the mine and inform the Executive accordingly in writing.
5
Where relevant operations have been stopped in accordance with paragraph (1)(d)(ii),(2)(a) or (4), the mine owner shall not permit relevant operations to be resumed until he —
a
is satisfied that all measures necessary to protect the health of workers at the mine have been taken;
b
has provided sufficient justification to the Executive in writing which shall include —
i
details of any change in the method of work or in the control measures, and
ii
an assessment of the effect of these changes; and,
c
subject to paragraph (6), has received the consent of the Executive to resume relevant operations, which shall be subject to such conditions as the Executive may impose.
6
If the mine owner has not received a reply from the Executive within 7 working days of submitting his justification to resume relevant operations in accordance with paragraph (5)(b) then he may resume relevant operations without the consent required by paragraph (5)(c).
Health surveillance
11
1
Every employer shall ensure that those of his employees who are, or who are liable to be, exposed to inhalable dust are placed under health surveillance by a doctor, unless that exposure is not significant.
2
The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) applies is made and maintained and that that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
3
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record;
b
provide the Executive with copies of such health records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all health records kept by him.
4
Health surveillance arranged by an employer in order to comply with his duty under paragraph (1) shall be at the cost of that employer and shall take place during the working hours of the employee or at a time agreed with the employee.
5
An employee who is the subject of health surveillance shall furnish the doctor with such information concerning his health as the doctor may reasonably require.
6
Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a doctor to be the result of exposure to inhalable dust —
a
the manager shall —
i
review the risk assessment, and
ii
review any measure taken to comply with regulation 5, taking into account any advice given by a doctor or by the Executive; and
b
the employer of that employee shall —
i
ensure that a doctor informs the employee accordingly and provides the employee with information and advice regarding further health surveillance,
ii
consider assigning the employee to alternative work where there is either a lower exposure to inhalable dust or no such exposure, taking into account any advice given by a doctor, and
iii
provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a doctor or by the Executive.
7
Where, for the purpose of carrying out his functions under these Regulations, a doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer or the owner as the case may be shall permit him to do so.
Information, instruction and training for persons who may be exposed to inhalable dust
12
1
Where an employer undertakes work which is liable to expose an employee to inhalable dust, he shall provide that employee with suitable and sufficient information, instruction and training.
2
Without prejudice to the generality of paragraph (1), the information, instruction and training provided under that paragraph shall include —
a
the risk which exposure to inhalable dust presents to health;
b
the relevant exposure control limits;
c
the significant findings of the risk assessment;
d
the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
e
if the exposure control limit for respirable dust or the exposure control limit for quartz is exceeded, provision forthwith of all relevant sampling results to the employee or his representative; and
f
the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent those results from being identified as relating to a particular person.
3
The information, instruction and training required by paragraph (1) shall be —
a
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
b
provided in a manner appropriate to the level, type and duration of exposure identified by the risk assessment.
4
The employer shall ensure that any person (whether or not his employee) who carries out work in connection with the employer’s duties under these Regulations has suitable and sufficient information, instruction and training.
Exemption certificates
13
1
Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any person or class of persons or any substance or class of substances from all or any of the requirements or prohibitions imposed by regulations 4(5), 5(4), 6, 7, 8(2), 9(2) to (4), 10(2) to (6), and 11(4), (5) and (7), and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case, and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption;
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Repeals, revocations and saving
14
1
In section 74 of the 1954 Act —
a
at the end of sub-paragraph (a) of paragraph (1) the word “and”;
b
sub-paragraph (b) of paragraph (1); and
c
in paragraph (2), the words “or in the case of a mine of coal, dust of such character and in such quantity as to be likely to be injurious to the persons employed”,
are repealed.
2
The Coal Mines (Respirable Dust) Regulations 1975 , the Coal Mines (Respirable Dust) (Amendment) Regulations 1978 , and the Mines (Substances Hazardous to Health) Regulations 1996 are revoked.
3
In Schedule 2 to the Personal Protective Equipment at Work Regulations 1992 delete Part IV.
4
In regulation 5(1)(a)(i) of the Control of Substances Hazardous to Health Regulations
2002 replace the words “the Coal Mines (Respirable Dust) Regulations 1975” with the words “the Coal Mines (Control of Inhalable Dust) Regulations 2007”.
5
Any record or register required to be kept under the Coal Mines (Respirable Dust) Regulations 1975 shall, notwithstanding the revocation of those Regulations by paragraph (2), be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form, other than at the place where, or in the form in which, records were required to be kept under those Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th June 2007


text:
Citation, commencement and application
1
This Order —
a
may be cited as the Bluetongue (Compensation) Order 2007;
b
comes into force on 20th October 2007;
c
applies only in England.
Compensation
2
1
Paragraph (2) applies where the Secretary of State causes any animal to be slaughtered under section 32 of the Animal Health Act 1981 as applied to bluetongue by article 13 of the Bluetongue Order 2003 .
2
The compensation payable by the Secretary of State in respect of the animal shall be its market value immediately before it was slaughtered had it not been affected or suspected of being affected with, or had it not been exposed to the infection of, bluetongue.
3
In this article, “animal” means a ruminating animal.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
14th October 2007
We approve
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th October 2007


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2007 and comes into force on 9th April 2007.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2007.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pensions Increase (Review) Order 2001 , the Pensions Increase (Review) Order 2002 , the Pensions Increase (Review) Order 2003 , the Pensions Increase (Review) Order 2004 , the Pensions Increase (Review) Order 2005 and the Pensions Increase (Review) Order 2006 .
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
1
The pension authority may, if any of the conditions in paragraph (2) are fulfilled, increase the annual rate of an official pension in respect of any period on or after 9th April 2007 as follows —
a
a pension beginning before 10th April 2006 may be increased by 3.6 per cent of the basic rate (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders);
b
a pension beginning on or after 10th April 2006 and before 9th April 2007 may be increased by 3.6 per cent multiplied by:
A B
where:
A is the number of complete months in the period between the beginning date of the pension and 9th April 2007; and
B is 12.
2
Those conditions are —
a
a qualifying condition is satisfied;
b
the official pension is —
i
a derivative pension;
ii
a substituted pension; or
iii
a relevant injury pension.
Increases in certain lump sums
4
1
This article applies to any lump sum or instalment of a lump sum which became payable on or after 10th April 2006 but before 9th April 2007.
2
The pension authority may increase a lump sum or instalment of a lump sum to which this article applies by 3.6 per cent of the amount of the lump sum or instalment (as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders) multiplied by:
A B
where:
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 10th April 2006 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 9th April 2007; and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Signatory text
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
1 Horse Guards Road,
London SW1A 2HQ
12th March 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 and come into force on 1st February 2008.
2
These Regulations apply only in relation to England.
3
In these Regulations and in any enactment applied by these Regulations —
“management committee” means, in relation to a unit, the committee established by the local education authority pursuant to the Education (Pupil Referral Units) (Management Committees etc. ) (England) Regulations 2007 ; and
“unit” means a pupil referral unit.
Revocation
2
The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 , the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2006 and the Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) (No.2) Regulations 2006 are revoked.
Application and modification of enactments
3
The enactments specified in Schedule 1 apply in relation to units or management committees with the modifications prescribed in that Schedule.
Enactments disapplied
4
The enactments specified in Schedule 2 do not apply in relation to units.
Further amendment of subordinate legislation
5
The subordinate legislation specified in Schedule 3 is amended in accordance with that Schedule.
Kevin Brennan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th October 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) (Amendment) Regulations 2007 and come into force on 25th April 2007.
2
These Regulations extend to England and Wales.
Amendment of the Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006
2
1
The Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006 are amended as follows.
2
For paragraph 4 of Schedule 2 substitute —
4
1
The charge to be paid —
a
on notification pursuant to regulation 18AA(1)(d) of the 1994 Regulations of an exempt activity falling within paragraph 49 of Schedule 3 to the 1994 Regulations is £495; and
b
on notification pursuant to regulation 18AA(5)(d) of the 1994 Regulations of an exempt activity falling within paragraph 49 of Schedule 3 to the 1994 Regulations is £265.
2
Sub-paragraph (1) shall cease to apply in relation to an activity falling within paragraph 49 of Schedule 3 to the 1994 Regulations once a charge is prescribed in relation to that activity by a charging scheme made under section 41 of the Environment Act 1995.
.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
28th March 2007


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) Regulations 2007 and come into force on 1st April 2007.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Registered Homes Act 1984 ;
“the 1989 Act ” means the Children Act 1989;
“the 2000 Act ” means the Care Standards Act 2000;
“approved place” means —
in relation to a children’s home, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; or
in relation to a residential family centre, overnight accommodation which is appropriate to a single family;
“boarding school” means a school (not being a residential special school or a school which is a children’s home or care home) providing accommodation for any child, and “school” has the meaning given to it in section 4 of the Education Act 1996 ;
“branch” means a branch which is not a small branch;
“certificate” means a certificate of registration;
“ Chief Inspector ” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“existing provider” means a person who immediately before 1st April 2002 was registered under Part 1 or 2 of the 1984 Act in respect of a residential care home or a nursing home, carried on a home that was registered in a register kept for the purposes of section 60 of the 1989 Act or carried on a home that was registered under Part 8 of the 1989 Act;
“new provider” means a person who —
carries on a children’s home and first carried on that home after 1st April 2002;
carries on a voluntary adoption agency and first carried on that agency on or after 30th April 2003;
“previously exempt provider” means a provider who immediately before 1st April 2002 carried on an establishment other than a residential care home or nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act or a home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part 8 of that Act;
“principal office” means a principal office which is not a small principal office;
“registered provider” in relation to an establishment or agency means a person who is registered under Part 2 of the 2000 Act as the person carrying on the establishment or agency;
“relevant number of staff” means —
in the case of a voluntary adoption agency, seven full-time staff or the equivalent, excluding the manager or, as the case may be, branch manager, appointed in accordance with the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 ;
in the case of an adoption support agency, two full-time staff or the equivalent, excluding the manager appointed in accordance with the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 or anyone employed solely as a receptionist or administrator;
“residential college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child;
“residential special school” means —
a special school within the meaning of sections 6(2) and 337 of the Education Act 1996;
an independent school for the time being approved under section 347(1) of the Education Act 1996; or
an independent school not falling within (b) which has as its sole or main purpose the provision of places, with the consent of the Secretary of State, for pupils with special educational needs or who are in public care, and which provides accommodation for any child;
“small adoption support agency” means an adoption support agency where no more than the relevant number of staff are employed at any one time;
“small branch” means a branch where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part 4 of the 2000 Act;
“small children’s home” means a children’s home which has fewer than four approved places;
“small principal office” means a principal office where no more than the relevant number of staff are employed at any one time as social workers within the meaning of Part 4 of the 2000 Act;
“small residential family centre” means a residential family centre which has fewer than four approved places.
PART 2 Registration Fees
Voluntary adoption agencies
3
1
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a voluntary organisation seeking to be registered under Part 2 of the 2000 Act as the person who carries on a voluntary adoption agency shall, subject to paragraph (2), be —
a
£1518; and, where applicable,
b
if the voluntary adoption agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£1518 in respect of each branch; and
ii
£414 in respect of each small branch.
2
Where the voluntary adoption agency has a small principal office, the fee shall be —
a
£414; and, where applicable,
b
if the voluntary adoption agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£1518 in respect of each branch; and
ii
£414 in respect of each small branch.
Adoption support agencies
4
1
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on an adoption support agency shall, subject to paragraph (2), be £1518.
2
Where the adoption support agency is a small adoption support agency the fee shall be £414.
3
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages an adoption support agency other than a small adoption support agency shall be £414.
Children’s homes
5
1
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a children’s home shall, subject to paragraph (2), be £2186.
2
Where the children’s home is a small children’s home the fee shall be £596.
3
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a children’s home other than a small children’s home shall be £596.
Residential family centres
6
1
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a residential family centre shall, subject to paragraph (2), be £1822.
2
Where the residential family centre is a small residential family centre the fee shall be £497.
3
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a residential family centre other than a small residential family centre shall be £497.
Fostering agencies
7
1
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who carries on a fostering agency shall, subject to paragraph (2), be £2186.
2
For the purposes of section 12(2) of the 2000 Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the 2000 Act as the person who manages a fostering agency shall be £596.
PART 3 Variation Fees
Interpretation
8
In this Part “minor variation” means a variation which, in the opinion of the Chief Inspector, if the application for the variation of the condition were granted would involve no material alteration to the register kept by the Chief Inspector in accordance with regulations made under section 11(4) of the 2000 Act.
Voluntary adoption agencies
9
1
For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in relation to a voluntary adoption agency under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be —
a
£759, unless sub-paragraph (b) applies; or
b
where the application is for the variation or removal of a condition for the time being in force in relation to an agency that has a small principal office only, £414.
2
Where the application is an application for the variation or removal of a condition for the time being in force which relates to the establishment of a branch or small branch, the fee shall be —
a
£759 in respect of each proposed new branch; and
b
£414 in respect of each proposed new small branch.
3
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £69.
Adoption support agencies
10
1
For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of an adoption support agency under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £759.
2
Where the adoption support agency is a small adoption support agency the fee shall be £414.
3
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £69.
Children’s homes
11
1
For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a children’s home under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £1093.
2
Where the children’s home is a small children’s home the fee shall be £596.
3
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £99.
Residential family centres
12
1
For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a residential family centre under section 15(1)(a) of the 2000 Act shall, subject to paragraphs (2) and (3), be £911.
2
Where the residential family centre is a small residential family centre the fee shall be £497.
3
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £83.
Fostering agencies
13
1
For the purposes of section 15(3) of the 2000 Act, the fee to accompany an application by the registered provider in respect of a fostering agency under section 15(1)(a) of the 2000 Act shall, subject to paragraph (2), be £1093.
2
In the case of an application for the variation of a condition for the time being in force where the variation of the condition is a minor variation, the fee shall be £99.
PART 4 Annual Fees
Voluntary adoption agencies
14
1
The registered provider in relation to a voluntary adoption agency shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be —
a
£690; and, where applicable,
b
if the agency has, in addition to its principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£690 in respect of each branch; and
ii
£345 in respect of each small branch.
2
Where the agency has a small principal office, the amount of the annual fee shall be —
a
£345; and, where applicable,
b
if the agency has, in addition to its small principal office, a branch or, as the case may be, a small branch, an additional sum of —
i
£690 in respect of each branch; and
ii
£345 in respect of each small branch.
3
The annual fee shall be payable —
a
in the case of a person who carries on an agency which was an adoption society approved under Part 1 of the Adoption Act 1976, on 30th April in each year;
b
in the case of a new provider registered before 1st April 2007, on the anniversary of the date on which the certificate was issued; and
c
otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.
Adoption support agencies
15
1
The registered provider in respect of an adoption support agency shall pay an annual fee and the amount of the annual fee shall, subject to paragraph (2), be £690.
2
Where the adoption support agency is a small adoption support agency the amount of the annual fee shall be £345.
3
The annual fee shall be payable —
a
if the certificate was issued before 1st April 2007, on the anniversary of the date on which the certificate was issued; and
b
otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.
Fostering agencies
16
1
The registered provider in respect of a fostering agency shall pay an annual fee and the amount of the annual fee shall be £1987.
2
The annual fee shall be payable —
a
if the certificate was issued before 1st April 2003, on 1st April in each year;
b
if the certificate was issued on or after 1st April 2003 but before 1st April 2007, on the anniversary of the date on which the certificate was issued; and
c
otherwise on the date on which the certificate is issued, and thereafter on the anniversary of that date.
Children’s homes, residential family centres, boarding schools, residential colleges and residential special schools
17
1
The registered provider in respect of a children’s home or residential family centre or a relevant person in respect of a boarding school, residential college or residential special school, specified in column (1) of the Table below, shall pay an annual fee and the amount of the annual fee shall be —
a
the amount specified in column (2); or
b
where applicable, the sum of the amount specified in column (2) and the amounts specified in column (3), and (if applicable) column (4), multiplied by the number of approved places specified in respect of column (3) and (if applicable) column (4).
Column (1) Column (2) Column (3) Column (4)
Establishment, school or college Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place (a) Children’s home £994 £99 £99 (b) Residential family centre £662 £83 £83 (c) Boarding school and residential college £432 £26 £13 (d) Residential special school £795 £79 £40
2
The annual fee in respect of a children’s home shall be payable —
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;
c
in the case of a previously exempt provider, on 1st April in each year;
d
in the case of a new provider if the certificate was issued before 1st April 2007, on the anniversary of the date of issue of the certificate;
e
otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.
3
The annual fee in respect of a residential family centre shall be payable —
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of a previously exempt provider, on 1st April in each year;
c
in the case of a new provider if the certificate was issued before 1st April 2007, on the anniversary of the date of issue of the certificate;
d
otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.
4
The annual fee in respect of a boarding school, residential college or residential special school shall be payable —
a
in the case of a school or college which was providing accommodation for any child on 1st January 2002 on 1st September in each year;
b
in the case of a school or college established after 1st January 2002 and before 1st April 2007 on the anniversary of the date on which the school or college was established;
c
otherwise on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
Local authority adoption and fostering functions
18
A local authority shall pay to the Chief Inspector an annual fee, in respect of the discharge by the authority of —
a
relevant adoption functions referred to in section 43(3)(a) of the 2000 Act, of £1987; and
b
relevant fostering functions referred to in section 43(3)(b) of the 2000 Act, of £1987,
and the amount of the annual fee shall be payable in each case on 1st April 2007 and thereafter on the anniversary of that date.
PART 5 Frequency of Inspections
Frequency of inspections
19
1
The Chief Inspector shall arrange for premises which are used —
a
for the purposes of a children’s home, to be inspected, subject to paragraph (2), at least twice in every 12 month period;
b
for the purposes of a residential family centre, a voluntary adoption agency, an adoption support agency or a fostering agency, to be inspected at least once in every three year period;
c
by a local authority in their performance of relevant functions , to be inspected at least once in every three year period.
2
In the case of a children’s home in respect of which a person is registered for the first time —
a
between 1st April and 30th September in any 12 month period, only one inspection is to be carried out in that period; and
b
between 1st October and 31st March in any 12 month period, no inspection shall be required in that period.
3
Any inspection referred to in paragraph (1) may be unannounced.
4
In this regulation —
a
“12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year; and
b
“three year period” means a period commencing on 1st April in any year and ending on 31st March in the third year following.
Revocation
20
The National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003 , regulation 32 of the Adoption Support Agencies (England) and Adoption Agencies (Miscellaneous Amendments) Regulations 2005 and the National Care Standards Commission (Commission for Social Care Inspection) (Fees) (Adoption Agencies, Adoption Support Agencies and Local Authority Fostering Functions) (Amendment) Regulations 2006 are revoked.
Parmjit Dhanda
Parliamentary Under Secretary of State
Department for Education and Skills
5th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) Regulations 2007 and shall come into force on 8th March 2007.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
1
The Wireless Telegraphy (Register) Regulations 2004 are amended in accordance with the following provisions of this regulation.
2
In regulation 4 —
a
in paragraph (1) —
i
after “wireless telegraphy licences” insert “or grants of recognised spectrum access”;
ii
for “relates to the matters set out in paragraph (2)” substitute —
a
in respect of a licence or grant of recognised spectrum access of a class specified in Column 1 of Parts 1 to 8 of the Schedule relates to the matters set out in paragraph (2); and
b
in respect of a licence or grant of recognised spectrum access of a class specified in Column 1 of Part 9 of the Schedule relates to the matters set out in paragraph (3).
;
b
in paragraph (2) —
i
in each of sub-paragraphs (a) and (b), after “wireless telegraphy licence” insert “or a grant of recognised spectrum access”;
ii
in sub-paragraph (c) —
aa
after “wireless telegraphy licence” insert “or grant of recognised spectrum access”;
bb
in paragraph (i) after “assigned” insert “or recognised”;
cc
in paragraph (ii) after “the geographical area of” insert “reception or”;
c
after paragraph (2), add the following paragraph —
3
The matters are —
a
the equipment which is authorised for use;
b
the technical parameters relating to the antenna, transmitter and receiver; and
c
the power of transmission.
;
3
In the Schedule —
a
in the heading, omit “LICENCE”;
b
in Part 1 for the heading in Column 1, “Licence classes” substitute “Classes”;
c
in Parts 2, 3, 5, 6 and 7 for the heading in Column 1, “Licence class” substitute “Class”;
d
in Part 4 for the heading in Column 1, “Licence class”, substitute “Classes”;
e
in Part 4 at the end of Column 2, add —
“1785–1805 MHz ”;
f
after Part 7, add the following Parts —
Part 8
Column 1 Column 2 Class Frequency bands Radio Astronomy 37.75–38.25 MHz
80.5–82.5 MHz
150.05–152.00 MHz
606–614 MHz
1.400–1.427 GHz
1.6106–1.6138 GHz
1.6600–1.6605 GHz
1.6605–1.6680 GHz
1.668–1.670 GHz
2.69–2.70 GHz
10.60–10.68 GHz
10.68–10.70GHz
15.35–15.40 GHz
22.01–22.21GHz
22.21–22.50 GHz
22.81–22.86 GHz
23.07–23.12GHz
23.6–24.0 GHz
31.3–31.5 GHz
31.5–31.8 GHz
42.5–43.5 GHz
48.94–49.04 GHz
Part 9
Column 1 Column 2 Class Frequency bands Self Coordinated Links 64–66 GHz
71.125–75.875 GHz
81.125–85.875 GHz
.
Ed Richards
Chief Executive of the Office of Communications
For and by the authority of the Office of Communications
14th February 2007


text:
Citation and commencement
1
This Order may be cited as The Designation of Rural Primary Schools (England) Order 2007 and comes into force on 16th March 2007.
Designation of rural primary schools.
2
The schools published on the Department for Education and Skills’ website in a list called “Designated Rural Primary Schools” on 1st March 2007 are designated as rural primary schools in England.
Shan Scott
A Deputy Director in the
Department for Education and Skills
12th March 2007