text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2008 and comes into force on 6th August 2008.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“section 2(2)” means section 2(2) of the European Communities Act 1972; and
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to private international law
2
The Secretary of State is designated in relation to private international law.
Designation in relation to payment services
3
The Treasury is designated in relation to payment services.
Designation in relation to the veterinary and phytosanitary fields
4
The Welsh Ministers are designated in relation to the veterinary and phytosanitary fields for the protection of public health.
Relationship with other designations
5
1
This Order (except for article 7) does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by any other Order,
they may make subordinate legislation in relation to that matter jointly.
3
In paragraph (2), “Minister or department” means —
a
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
b
the Welsh Ministers .
Restrictions
6
1
Article 4 only designates the Welsh Ministers to make subordinate legislation that applies in relation to Wales.
2
In paragraph (1), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
3
Paragraph (1) does not apply where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
Revocation of existing designations
7
The designations described in the Schedule are revoked.
Judith Simpson
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Christmas Bonus (Specified Sum) Order 2008 and shall come into force on the day after the day on which it is made.
Christmas bonus payment for 2008
2
For the purposes of subsection (3)(b) of section 148 (entitlement of pensioners to Christmas bonus) of the Social Security Contributions and Benefits Act 1992, the sum specified for the year 2008 is £70.
Signed by authority of the Secretary of State.
Kitty Ussher
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th December 2008


text:
Citation and commencement
1
This Order may be cited as the Judicial Committee (General Appellate Jurisdiction) Rules (Amendment) Order 2008 and shall come into force on 4th March 2008.
Amendment of the Judicial Committee (General Appellate Jurisdiction) Rules Order 1982
2
The Judicial Committee (General Appellate Jurisdiction) Rules 1982 are amended as follows.
3
In rule 13 —
a
in paragraph (1), for “30” substitute “26”; and
b
after paragraph (2) add —
3
Each party who has entered an appearance shall be entitled to receive 5 copies of the Record.
.
4
For rule 24 substitute —
24
1
As soon as the parties have agreed the Record, as prepared for reproduction, the appellant shall send it to the Registry for approval.
2
If on arrival in the Registry it is found that the Record has not been prepared for reproduction in accordance with these Rules, the Registrar may direct that it be rearranged and if the Registrar so directs, the appellant shall rearrange the Record as directed and return it to the Registry for approval.
3
As soon as the Registry has approved the Record, the appellant shall arrange for it to be reproduced.
4
As soon as the Record has been reproduced, the appellant shall transmit —
a
16 copies to the Registry; and
b
such number of copies to each party who has entered an appearance as the parties have agreed.
.
5
Omit rules 26 and 27.
6
In Schedule A —
a
in paragraph 1(1), after “paper” insert “, printed on both sides and comb bound”;
b
omit paragraph 1(3);
c
paragraph 2 shall stand as paragraph 2(1) and after it add —
2
Every volume shall contain on its spine —
a
the full title of the appeal; and
b
(where there is more than one volume) a distinguishing number.
;
d
omit paragraphs 3(4), 4(2)(b), (c) and (d), 6 and 7.
7
In the table of fees in Schedule B, omit fee 2 (examining proof of record).
Transitional provisions
8
The amendments made by rules 4 to 6 do not apply in relation to any appeal in which the appellant has lodged the Record for reproduction under rule 24 of the Judicial Committee (General Appellate Jurisdiction) Rules 1982 before the day on which these Rules come into force.
Judith Simpson
Clerk of the Privy Council


text:
PART 1 Introduction
Title and commencement
1
These Regulations may be cited as the Veterinary Medicines Regulations 2008 and come into force on 1st October 2008.
Definition of “veterinary medicinal product”, interpretation and scope
2
1
In these Regulations “veterinary medicinal product” means —
a
any substance or combination of substances presented as having properties for treating or preventing disease in animals; or
b
any substance or combination of substances that may be used in, or administered to, animals with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
2
In addition —
“adverse reaction” means a reaction to a veterinary medicinal product that is harmful and unintended and that occurs at doses normally used in animals for the prophylaxis, diagnosis or treatment of disease or to restore, correct or modify a physiological function;
“the Agency” means the European Medicines Agency established by Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“animal” means all animals other than man and includes birds, reptiles, fish, molluscs, crustacea and bees;
“the cascade” has the meaning given in paragraph 1 of Schedule 4;
“horse passport” means a passport issued in accordance with the provisions of —
the Horse Passports (England) Regulations 2004 ;
the Horse Passports Regulations (Northern Ireland) 2004 ;
the Horse Passports (Scotland) Regulations 2005 ; or
the Horse Passports (Wales) Regulations 2005 ,
and “horse” includes all species of equidae;
“immunological veterinary medicinal product” means a veterinary medicinal product administered to animals in order to produce active or passive immunity or to diagnose the state of immunity;
“risk-benefit balance” means an evaluation of the positive therapeutic effects of the veterinary medicinal product in relation to —
any risk to human or animal health relating to the quality, safety or efficacy of the veterinary medicinal product; or
any risk of undesirable effects on the environment;
“strength” means the amount of active substances in a dosage unit or unit of volume or weight.
3
In these Regulations any reference to a member State is a reference to a member State of the European Union and Norway, Iceland and Liechtenstein.
4
For the avoidance of doubt, these Regulations apply to veterinary medicinal products irrespective of whether or not there is other legislation controlling a product.
Products to which these Regulations do not apply
3
1
These Regulations do not apply to a veterinary medicinal product based on radio-active isotopes.
2
They do not apply in relation to the administration of a product in the course of a procedure licensed under the Animals (Scientific Procedure) Act 1986 , except that, if the animals are to be put into the human food chain, the only products that may be administered to the animals are —
a
authorised veterinary medicinal products administered in accordance with their marketing authorisation, or
b
products administered in accordance with an animal test certificate granted under paragraph 9 of Schedule 4.
PART 2 Authorised veterinary medicinal products
Placing a veterinary medicinal product on the market
4
1
It is an offence to place a veterinary medicinal product on the market unless that product has been granted a marketing authorisation by the Secretary of State or the Agency.
2
Any person who certifies data in relation to an application for a marketing authorisation or in relation to an existing marketing authorisation and who knows that those data are false, or does not believe that they are accurate, is guilty of an offence.
3
Schedule 1 (marketing authorisations) has effect.
Manufacture of veterinary medicinal products
5
1
The holder of a marketing authorisation must ensure that every stage in the manufacture of the veterinary medicinal product is carried out by the manufacturer specified in the marketing authorisation (who must, if the manufacture is carried out in the United Kingdom, hold a manufacturing authorisation for that type of product granted by the Secretary of State) and failure to do so is an offence.
2
Schedule 2 (the manufacture of veterinary medicinal products) has effect.
3
“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product .
The finished product
6
The holder of a marketing authorisation for a veterinary medicinal product is guilty of an offence if either the holder or the manufacturer supplies a product that is not completely in accordance with the marketing authorisation.
Classification, supply and possession of the product
7
1
Schedule 3 (classification and supply, wholesale dealers and sheep dip) has effect.
2
Any person who supplies a veterinary medicinal product that has passed its expiry date is guilty of an offence.
3
Any person who opens the package (including the outer package) of a veterinary medicinal product before it has been supplied to the final user, other than as permitted under Schedule 3, is guilty of an offence.
4
Any person who supplies an authorised human medicinal product for administration to an animal (other than a product supplied by a veterinary surgeon or in accordance with a written prescription from a veterinary surgeon that includes all the information specified in paragraph 6 of Schedule 3) is guilty of an offence.
5
Any person in possession of a veterinary medicinal product that was supplied to that person other than in accordance with Schedule 3 is guilty of an offence.
Administration of the product
8
It is an offence to administer a veterinary medicinal product to an animal unless —
a
the product has a marketing authorisation authorising its administration in the United Kingdom, and the administration is in accordance with that marketing authorisation; or
b
it is administered in accordance with Schedule 4 (administration of a veterinary medicinal product outside the terms of a marketing authorisation).
Importation of authorised veterinary medicinal products
9
1
It is an offence to import a veterinary medicinal product authorised for use in the United Kingdom except in accordance with this regulation.
2
A holder of a marketing authorisation for a veterinary medicinal product may import that veterinary medicinal product.
3
A holder of a manufacturing authorisation may import a veterinary medicinal product to which that authorisation relates.
4
An authorised wholesale dealer may import a veterinary medicinal product if —
a
the authorisation covers the product; and
b
the dealer has notified the holder of the marketing authorisation in writing before importation.
5
A veterinary surgeon or a pharmacist may import any authorised veterinary medicinal product.
6
A suitably qualified person (in accordance with paragraph 14 of Schedule 3) may import any authorised veterinary medicinal product that that person is permitted to supply.
7
There are no restrictions on the importation of an authorised veterinary medicinal product in category AVM-GSL.
Advertising the product
10
1
It is an offence to advertise a veterinary medicinal product if the advertisement is misleading or contains any medicinal claim that is not in the summary of product characteristics.
2
It is an offence to advertise an authorised human medicinal product for administration to animals (including sending a price list of or including authorised human medicinal products to a veterinary surgeon or veterinary practice).
3
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that —
a
the list is sent following a request from the veterinary surgeon to whom it is sent; and
b
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be prescribed and administered under the cascade.
Advertising of prescription products and products containing psychotropic drugs or narcotics
11
1
It is an offence to advertise a veterinary medicinal product that —
a
is available on veterinary prescription only; or
b
contains psychotropic drugs or narcotics.
2
In the case of a product containing psychotropic drugs or narcotics, this does not apply to advertisements aimed at veterinary surgeons or pharmacists.
3
In the case of POM-V medicines, this does not apply to price lists, or to advertisements aimed at veterinary surgeons, veterinary nurses, pharmacists or professional keepers of animals.
4
In the case of POM-VPS medicines, this does not apply to price lists, or to advertisements aimed at —
a
veterinary surgeons;
b
pharmacists;
c
suitably qualified persons registered in accordance with paragraph 14 of Schedule 3;
d
other veterinary health care professionals;
e
professional keepers of animals; or
f
owners or keepers of horses.
Defence of publication in the course of business
12
In proceedings for an offence under these Regulations relating to advertising, it is a defence for the person charged to prove —
a
that that person’s business is to publish or arrange for the publication of advertisements, and
b
that the advertisement was received in the ordinary course of business and the person charged did not know and had no reason to suspect that its publication would amount to an offence under these Regulations.
Wholesale dealing
13
It is an offence to buy a veterinary medicinal product, other than by retail or for the purposes of retail supply in accordance with Schedule 3, unless the buyer has a wholesale dealer’s authorisation granted by the Secretary of State under this regulation and Schedule 3.
Feedingstuffs
14
Schedule 5 (medicated feedingstuffs and specified feed additives) has effect.
Exemptions
15
1
These Regulations do not apply to an inactivated autogenous vaccine that is manufactured, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal and used for the treatment of that animal.
2
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to an inactivated autogenous vaccine that is —
a
manufactured by a person and in premises authorised in accordance with Part 2 of Schedule 2, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal; and
b
used for the treatment of —
i
other animals on the same site;
ii
animals intended to be sent to those premises; or
iii
animals on a site that receives animals from those premises.
3
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to —
a
blood or blood constituents from a blood bank authorised in accordance with Part 3 of Schedule 2;
b
a product manufactured for administration under the cascade by a person and in premises authorised in accordance with Part 4 of Schedule 2; or
c
equine stem cells products for use as an autologous treatment for horses from an equine collection centre authorised in accordance with Part 5 of Schedule 2.
4
Schedule 6 (exemptions for small pet animals) has effect.
Fees
16
Schedule 7 (fees) has effect.
PART 3 Records
Food-producing animals: proof of purchase of veterinary medicinal products
17
1
The keeper of a food-producing animal must keep proof of purchase of all veterinary medicinal products acquired for the animal (or, if they were not bought, documentary evidence of how they were acquired).
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of administration by a veterinary surgeon
18
1
A veterinary surgeon who administers a veterinary medicinal product to a food-producing animal must either enter the following information personally in the keeper’s records or give it to the keeper in writing (in which case the keeper must enter the following into those records) —
a
the name of the veterinary surgeon;
b
the name of the product and the batch number;
c
the date of administration of the product;
d
the amount of product administered;
e
the identification of the animals treated; and
f
the withdrawal period.
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of acquisition and administration
19
1
When a veterinary medicinal product is bought or otherwise acquired for a food-producing animal the keeper must, at the time, record —
a
the name of the product and the batch number;
b
the date of acquisition;
c
the quantity acquired; and
d
the name and address of the supplier.
2
At the time of administration (unless the administration is by a veterinary surgeon in which case the record must be in accordance with regulation 18 ) the keeper must record —
a
the name of the product;
b
the date of administration;
c
the quantity administered;
d
the withdrawal period; and
e
the identification of the animals treated.
3
A keeper who disposes of any or all of the veterinary medicinal product other than by treating an animal must record —
a
the date of disposal;
b
the quantity of product involved; and
c
how and where it was disposed of.
4
It is an offence to fail to comply with this regulation.
Food-producing animals: retention of records
20
1
The keeper of a food-producing animal must keep the documentation on the acquisition of a veterinary medicinal product and the records relating to the product for at least five years following the administration or other disposal of the product, irrespective of whether or not the animal concerned is no longer in that keeper’s possession or has been slaughtered or has died during that period.
2
It is an offence to fail to comply with this regulation.
Records by a holder of a manufacturing authorisation
21
1
A holder of a manufacturing authorisation must, as soon as is reasonably practicable, make a record of each batch of veterinary medicinal product manufactured, assembled or supplied, which must include —
a
the name of the product;
b
the quantity manufactured, assembled or supplied;
c
the date of manufacture, assembly or supply;
d
the batch number and expiry date; and
e
in the case of supply, the name and address of the recipient.
2
The holder must keep with the record all certification provided by the qualified person (manufacture) in relation to that batch.
3
The holder must keep all records and certificates for at least five years from the date the veterinary medicinal product is placed on the market.
4
It is an offence to fail to comply with this regulation.
Records by a holder of a wholesale dealer’s authorisation
22
1
A holder of a wholesale dealer’s authorisation must record the following as soon as is reasonably practicable after each incoming or outgoing transaction (including disposal) relating to a veterinary medicinal product —
a
the date and nature of the transaction;
b
the name of the veterinary medicinal product;
c
the manufacturer’s batch number;
d
the expiry date;
e
the quantity; and
f
the name and address of the supplier or recipient,
and must keep the records for at least three years.
2
It is an offence to fail to comply with this regulation.
Records of the receipt or supply of prescription products
23
1
Any person permitted under these Regulations to supply a veterinary medicinal product classified as POM-V or POM-VPS who receives or supplies any such veterinary medicinal product must keep all documents relating to the transaction that show —
a
the date;
b
the name of the veterinary medicinal product;
c
the batch number (except that, in the case of a product for a non-food-producing animal, this need only be recorded either on the date of receipt of the batch or the date a veterinary medicinal product from the batch is first supplied);
d
the quantity;
e
the name and address of the supplier or recipient; and
f
if there is a written prescription, the name and address of the person who wrote the prescription and a copy of the prescription.
2
If the documents do not include this information that person must make a record of the missing information as soon as is reasonably practicable following the transaction.
3
As an alternative to paragraphs (1) and (2) that person may make a record of all the information required there provided that this is done as soon as is reasonably practicable following the transaction.
4
The documentation and records must be kept for at least five years.
5
It is an offence to fail to comply with this regulation.
Records of products administered to a food-producing animal under the cascade
24
1
A veterinary surgeon administering a veterinary medicinal product to food-producing animals under the cascade, or permitting another person to administer it under that veterinary surgeon’s responsibility, must, as soon as is reasonably practicable, record —
a
the date of examination of the animals;
b
the name and address of the owner;
c
the identification and number of animals treated;
d
the result of the veterinary surgeon’s clinical assessment;
e
the trade name of the product if there is one;
f
the manufacturer’s batch number shown on the product if there is one;
g
the name and quantity of the active substances;
h
the doses administered or supplied;
i
the duration of treatment; and
j
the withdrawal period,
and must keep the record for at least five years.
2
It is an offence to fail to comply with this regulation.
PART 4 Unauthorised veterinary medicinal products
Importation of an unauthorised veterinary medicinal product
25
1
It is an offence to import an unauthorised veterinary medicinal product except in accordance with this regulation.
2
A holder of a marketing authorisation may import an unauthorised veterinary medicinal product if it is for the purpose of the manufacture of a veterinary medicinal product for which the importer holds the marketing authorisation.
3
A holder of a manufacturing authorisation may import an unauthorised veterinary medicinal product if it is for the manufacture of a veterinary medicinal product that the importer is permitted to manufacture.
4
A holder of a wholesale dealer’s authorisation may import an unauthorised veterinary medicinal product for the purposes of re-export.
5
A veterinary surgeon may import an unauthorised veterinary medicinal product that is authorised in another member State if it is for the purpose of administration by that veterinary surgeon or under that veterinary surgeon’s responsibility under the cascade or administration in exceptional circumstances in accordance with Schedule 4; the import must be in accordance with the appropriate certificate granted by the Secretary of State, and the product may be imported by the veterinary surgeon personally or by using a wholesale dealer or pharmacist as an agent.
6
A wholesale dealer or a pharmacist may import an unauthorised veterinary medicinal product for the purpose of storing it pending administration by a veterinary surgeon under the cascade or administration in exceptional circumstances in accordance with Schedule 4 if —
a
the veterinary medicinal product is authorised in another member State or a third country;
b
the Secretary of State has issued a certificate certifying that —
i
the disease or condition is such that the veterinary medicinal product is likely to be needed as a matter of urgency for the treatment of an animal;
ii
delay in administering the product will seriously affect the health or welfare of the animal; and
iii
there is no suitable veterinary medicinal product authorised in the United Kingdom; and
c
in the case of a wholesale dealer, the product is within the terms of the authorisation.
7
The holder of an animal test certificate granted under paragraph 9 of Schedule 4 may import anything specified in the animal test certificate in accordance with the conditions in that certificate.
8
The Secretary of State may authorise in writing the importation of any product or substance for use under a licence granted under the Animals (Scientific Procedures) Act 1986.
Possession of an unauthorised veterinary medicinal product
26
1
It is an offence to be in possession of an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product imported in accordance with a certificate granted by the Secretary of State under these Regulations;
b
a product prescribed by a veterinary surgeon under the cascade;
c
a holder of a manufacturing authorisation if the possession is for export;
d
a holder of a wholesale dealer’s authorisation if the possession is for export or re-export; or
e
a holder of a manufacturer’s authorisation or marketing authorisation if the intention is to manufacture a veterinary medicinal product.
3
A veterinary surgeon who practises in both the United Kingdom and another member State may hold veterinary medicinal products authorised in the other member State provided that the amount held does not exceed the amount expected to be used in that member State.
4
It is a defence for a person charged under paragraph (1) to prove that the product was for the purposes of research or development of a veterinary medicinal product.
5
A veterinary surgeon may have possession of an authorised human medicinal product intended for administration to animals under the cascade, but commits an offence if the amount possessed exceeds the amount expected to be used under the cascade.
Supply of an unauthorised veterinary medicinal product
27
1
It is an offence to supply an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product prescribed by a veterinary surgeon under the cascade; or
b
a product supplied in accordance with a certificate granted by the Secretary of State under these Regulations.
3
It is a defence for a person charged under paragraph (1) to prove that the supply was for the purposes of research or development of a veterinary medicinal product.
PART 5 Miscellaneous provisions, enforcement and offences
The Veterinary Products Committee
28
1
There shall continue to be a Veterinary Products Committee.
2
The Secretary of State may appoint members of the Committee from professional people who are eminent in their field, and any lay members as the Secretary of State sees fit.
3
The function of the Committee is to provide scientific advice on any aspect of veterinary medicinal products asked for by the Secretary of State and to carry out any functions specified in these Regulations.
4
The Secretary of State may pay members of the Committee such amounts as the Secretary of State may decide.
5
The Secretary of State may consult the Committee at any time.
Veterinary Products Committee appeals procedure
29
1
The following procedure applies when any person receives a notification from the Secretary of State informing that person (the appellant) of a right to an appeal to the Veterinary Products Committee.
2
The appellant must inform the Secretary of State of an intention to appeal within 28 days of the notification which is the subject of the appeal.
3
The appeal may be written or oral, or both, at the choice of the appellant.
4
The appellant may not present to the Committee any new data not available to the Secretary of State at the time of the original decision.
5
The Committee must consider the appeal and any representations made by the Secretary of State, and report its findings in writing to the Secretary of State together with its recommendations.
6
The Secretary of State must send a copy of the report to the appellant on request.
7
The Secretary of State must consider the report and then form a provisional decision.
8
The Secretary of State must then notify the provisional decision to the appellant, together with the reasons for it.
9
The appellant may then appeal against the Secretary of State’s provisional decision to a person appointed for the purpose by the Secretary of State and the procedure in the next regulation applies.
Appeals to an appointed person
30
1
A person aggrieved by a provisional decision of the Secretary of State under the preceding regulation may appeal against the decision to a person appointed for the purpose by the Secretary of State in accordance with this regulation.
2
So may an applicant for —
a
a manufacturing authorisation;
b
appointment as a Qualified Person for the purposes of a manufacturing authorisation;
c
authorisation for a person or premises to manufacture autogenous vaccines;
d
an authorisation of a blood bank;
e
authorisation of a person and premises to manufacture an unauthorised veterinary medicinal product for administration under the cascade;
f
authorisation of an equine stem cell centre;
g
a wholesale dealer’s authorisation;
h
the approval of premises for the supply of POM-VPS or NFA-VPS veterinary medicinal products by a suitably qualified person,
if such an application is refused.
3
A holder of any of the above authorisations, appointment or approvals may appeal against a suspension or compulsory variation in the same way.
4
The appointed person must consider the appeal (but may not consider any new data not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.
5
The Secretary of State must then reach a final decision and notify the appellant, together with the reasons for it.
Exports
31
1
It is an offence to export a veterinary medicinal product for use in another member State unless the veterinary medicinal product may be lawfully supplied or administered in that member State.
2
If a veterinary medicinal product has been manufactured in accordance with a marketing authorisation, or if a product without a marketing authorisation has been manufactured under a manufacturing authorisation, and the product is intended for export outside the European Union, the Secretary of State must, at the request of the exporter or the competent authorities of the country of export, provide a certificate to that effect.
3
When issuing the certificate the Secretary of State must take account of the model certificates issued by the World Health Organization .
4
If the veterinary medicinal product is authorised in the United Kingdom the Secretary of State must ensure that the exporter or the competent authorities of the third country has access to the summary of product characteristics.
Time limits
32
1
In any provision in these Regulations requiring the Secretary of State to issue an authorisation within a set time, the clock does not start until the Secretary of State has checked that the application dossier is in accordance with these Regulations and has validated the application.
2
The clock is stopped during any period that the Secretary of State requires an applicant to provide further data until all the further data required have been provided.
3
The clock is also stopped during any period that the applicant is given to provide oral or written explanations.
4
The Secretary of State may stop the clock pending payment of outstanding fees.
Appointment of inspectors
33
The Secretary of State must appoint inspectors for the purposes of the enforcement of these Regulations and in these Regulations “inspector” means an inspector appointed under this regulation or a veterinary inspector appointed under the Animal Health Act 1981 .
Powers of entry
34
1
An inspector may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
2
The inspector may be accompanied by —
a
such other persons as the inspector considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
3
Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
4
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by signed warrant authorise the inspector to enter the premises, if need be by reasonable force.
5
A warrant under this regulation is valid for one month.
6
An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
7
An inspector may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and the premises of the marketing authorisation holder.
8
An inspector may carry out an inspection at the request of another member State, the European Commission or the Agency.
9
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to the sheriff and to a magistrate; and
b
in Northern Ireland, is a reference to a lay magistrate.
Powers of an inspector
35
1
An inspector entering premises under the previous regulation may —
a
inspect the premises, and any plant, machinery or equipment;
b
search the premises;
c
take samples;
d
seize any computers and associated equipment for the purpose of copying documents provided they are returned as soon as practicable;
e
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, or any additive to which Schedule 5 applies, if it is not authorised in the United Kingdom;
f
seize any premixture or feedingstuff that contains a veterinary medicinal product or additive to which Schedule 5 applies that is not authorised in the United Kingdom;
g
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, any additive to which Schedule 5 applies, any premixture or any feedingstuff if —
i
it has not been lawfully supplied in accordance with these Regulations;
ii
it has been stored in a way that affects its safety, quality or efficacy;
iii
it is sold or offered for sale by a person not permitted to supply it under these Regulations;
h
carry out any inquiries, examinations and tests;
i
have access to, and inspect and copy any documents or records (in whatever form they are held) relating to these Regulations, and remove them to enable them to be copied; and
j
have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
2
An officer of any local authority who has entered premises exercising any statutory power of entry for the purposes of enforcing any legislation relating to food hygiene, feed hygiene or animal health, may inspect any records made under these Regulations (in whatever form they are held) relating to food-producing animals, and may remove them to enable them to be copied.
Inspection of pharmacies
36
In relation to a pharmacy, all the powers of an inspector to enforce these Regulations may also be exercised by an officer of the Royal Pharmaceutical Society of Great Britain appointed for the purpose.
Obstruction
37
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence.
Improvement notices
38
1
An inspector who has reasonable grounds for believing that any person is failing to comply with these Regulations may serve a notice on that person (in these Regulations referred to as an “improvement notice”) that —
a
states the inspector’s grounds for believing this;
b
specifies the matters that constitute the failure to comply;
c
specifies the measures that, in the inspector’s opinion, the person must take in order to secure compliance; and
d
requires the person to take those measures, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice.
2
It is an offence to fail to comply with an improvement notice.
Appeals against improvement notices
39
1
Any person who is aggrieved by an improvement notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
3
An appeal to the sheriff under paragraph (1) is by summary application.
4
The period within which an appeal may be brought is 28 days or the period specified in the improvement notice, whichever ends the earlier.
5
An improvement notice must state —
a
the right of appeal to a magistrates’ court or to the sheriff; and
b
the period within which such an appeal may be brought.
6
A court may suspend an improvement notice pending an appeal.
Powers of a court on appeal
40
On an appeal against an improvement notice, the court may either cancel the notice or confirm it, with or without modification.
Seizure notices
41
1
An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.
2
The inspector must serve on the person appearing to be in charge of the seized product a notice (referred to in these Regulations as a “seizure notice”) —
a
giving the grounds for seizing the product; and
b
informing that person of the rights under this regulation to make a claim, and the address for the service of the claim.
3
An inspector who is not able to remove products seized immediately may mark the products in any way, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and any person other than an inspector who removes products identified under this paragraph from the premises is guilty of an offence.
4
The person on whom the seizure notice was served or the owner of the seized product may, within 28 days of seizure, notify any claim that the product was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
5
If a notification of a claim is not received within 28 days, the Secretary of State may destroy the product.
6
If a notification of a claim is received within 28 days, then, unless the product seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the product or take proceedings for an order for the confirmation of the seizure notice and the destruction of the veterinary medicinal product in a magistrates’ court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.
7
The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
8
The procedure before the sheriff is by summary application.
9
The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the product seized unless a claim is made to a court and the court directs otherwise.
Publication
42
The Secretary of State must publicise all improvement notices and seizure notices issued under these Regulations and the suspension or revocation of anything issued under these Regulations, and may do so in such manner as the Secretary of State sees fit.
Penalties
43
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
a qualified person appointed as such for the purposes of these Regulations;
b
any director, manager, secretary or other similar person of the body corporate; or
c
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish 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, the partner as well as the partnership is guilty of the offence.
Northern Ireland
44
1
This regulation has effect in relation to the enforcement of these Regulations in Northern Ireland.
2
The Department of Agriculture and Rural Development or the Department of Health, Social Services and Public Safety (or both Departments acting jointly) instead of the Secretary of State exercise the powers of the Secretary of State in —
a
regulation 34 (appointment of inspectors);
b
regulation 42 (seizure notices);
c
regulation 43 (publication); and
d
sub-paragraph (4) of paragraph 14 of Schedule 3 (approval of premises for suitably qualified persons).
3
The Department of Agriculture and Rural Development is the competent authority for —
a
Regulation (EC) No. 178/2002 (of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety );
b
Regulation (EC) No. 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition );
c
Regulation (EC) No. 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ); and
d
Regulation (EC) No. 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene ).
4
In relation to pharmacies, an officer of the Pharmaceutical Society of Northern Ireland appointed by the Society for the purpose has all the powers of an inspector to enforce these Regulations.
5
In proceedings in a magistrates’ court relating to an improvement notice under regulation 38 or a seizure notice under regulation 40 the Magistrates’ Courts (Northern Ireland) Order 1981 applies.
Revocations and consequential amendment
45
1
The Veterinary Medicines Regulations 2007 and the Electro-Medical Equipment ( EEC Requirements) Regulations 1988 are revoked.
2
In section 1 of the Medicines Act 1971 (fees), in subsection (3), for “as amended by the Transfer of Functions (Wales) Order 1969 have the same meanings in this section as in that Act as so amended” substitute “(as amended) have the same meanings in this section as in that Act (as amended)”.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th August 2008
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2008


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) (No. 3) Regulations 2008 and shall come into force on 5th January 2009.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
Part 4 of the Schedule to the Wireless Telegraphy (Register) Regulations 2004 is amended by inserting in Column 2 of Part 4 of the Schedule after “422.0 MHz to 424.0 MHz” —
542–550 MHz
742–750 MHz
758–766 MHz
.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
15 December 2008


text:
Title and commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2008 and shall come into force on 8th August 2008.
Designation
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending on 31st March 2008 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Revocation
3
The Whole of Government Accounts (Designation of Bodies) Order 2008 is revoked.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) (Amendment) Regulations 2008 and shall come into force on 27th October 2008.
Amendment of the Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) Regulations 1997
2
1
The Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) Regulations 1997 are amended as follows.
2
In regulation 2 (interpretation) —
a
In paragraph (1), in the definition of “the Board”, for “of Inland Revenue” substitute “for Her Majesty’s Revenue and Customs”, and
b
in paragraph (3), for “Chapter II of Part XIII of the Taxes Act” substitute “Chapter 9 of Part 4 of the Income Tax (Trading and Other Income) Act 2005 ”.
Mike Eland
3rd October 2008
Dave Hartnett
6th October 2008
Two of the Commissioners for Her Majesty’s Revenue and Customs


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (The London Stock Exchange) Regulations 2008 and shall come into force on 4th February 2008.
2
These Regulations shall have effect —
a
in the case of agreements to transfer equities which are not conditional, in relation to agreements made on or after 4th February 2008;
b
in the case of agreements to transfer equities which are conditional, in relation to agreements where the condition is satisfied on or after that date.
Interpretation
2
1
In these Regulations–
“Board of directors” means the Board of directors of London Stock Exchange plc ;
“clearing participant” means a member (as defined by this regulation) who is also a member of x-clear and who as such is permitted by the Board of directors and that clearing house to clear transactions made on the Exchange for a traded security;
“client” means a person who gives instructions to a participant for equity securities to be purchased or, as the case may be, sold on the Exchange;
“equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company; or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“the Exchange” means the London Stock Exchange;
“member” in relation to London Stock Exchange plc means a person approved by the Board of directors as a participant;
“nominee” means a person whose business is or includes holding equity securities as a nominee for x-clear acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange, or as a nominee for a clearing participant (as the case may be);
“non-clearing participant” means a participant other than a clearing participant;
“participant” means a participant in the Exchange;
“section 117” means section 117 of the Finance Act 1991;
“x-clear” means SIS x-clear Aktiengesellschaft , a company registered in Switzerland which is a recognised clearing house under the Financial Services and Markets Act 2000 .
Prescription of recognised clearing house
3
For the purposes of section 117 x-clear is a recognised clearing house which is prescribed.
Prescribed circumstances for the purposes of section 117
4
1
In the circumstances prescribed by paragraph (2) below, a charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Exchange–
a
equity securities of a particular kind are agreed to be transferred from —
i
a clearing participant or a nominee of a clearing participant to another clearing participant or nominee, or
ii
a non-clearing participant or a client to a clearing participant or a nominee of a clearing participant, or
iii
a clearing participant or a nominee of a clearing participant to x-clear or to a nominee of that clearing house, or
iv
a person other than a clearing participant to x-clear or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer equity securities to x-clear or to a nominee of that clearing house, or
v
The London Clearing House Limited or a nominee of that clearing house to x-clear or a nominee of that clearing house, or
vi
x-clear or a nominee of that clearing house to The London Clearing House Limited or a nominee of that clearing house, or
vii
x-clear or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant; and
b
the person to whom those securities are agreed to be transferred under any of the agreements specified in sub-paragraph (a) above (“the relevant agreement”) is required on receipt of those shares to transfer equity securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (iv) of that sub-paragraph, would have been so required if the failure referred to in that paragraph had not occurred.
3
In paragraph (2) above —
a
“matching agreement” means an agreement under which —
i
the equity securities agreed to be transferred are of the same kind as the equity securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the equity securities agreed to be transferred are identical to the number and transfer price of the equity securities agreed to be transferred under the relevant agreement;
b
references to x-clear and to The London Clearing House Limited are references to those clearing houses in their capacity as persons providing clearing services in connection with a transaction made on the Exchange;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Equity securities which are the subject of an agreement specified in regulation 4(2)(a) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) above “designated account” means an account designated by x-clear for a clearing participant in connection with the equity securities concerned.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 2008


text:
Citation and commencement
1
1
This Order may be cited as the Education (Designated Institutions) (Amendment) (England) Order 2008 and comes into force on 1st August 2008.
2
This Order applies in relation to England.
Amendment of the Education (Designated Institutions) Order 1989
2
The Education (Designated Institutions) Order 1989 is amended as follows.
3
In Part 2 of the Schedule to the Order omit “Royal College of Nursing, Institute of Advanced Nursing Education (London)”.
Bill Rammell
Minister of State
Department for Innovation, Universities and Skills
25th June 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gambling Act 2005 (Advertising of Foreign Gambling) (Amendment) (No.2) Regulations 2008 and shall come into force on 20th November 2008 .
2
In these Regulations “ the Act ” means the Gambling Act 2005.
Amendment to the Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007
2
1
The Gambling Act 2005 (Advertising of Foreign Gambling) Regulations 2007 shall be amended as follows.
2
For regulation 2 substitute —
2
1
This regulation specifies for the purposes of subsection (4) of section 331 of the Act (prohibition on the advertising of gambling taking place or originating from a non-EEA State the places which are to be treated for the purposes of subsection (2) of that section as if they were an EEA State, but only in so far as that subsection applies to remote gambling .
2
The places referred to in paragraph (1) are —
a
the Island of Alderney,
b
Tasmania, and
c
Antigua and Barbuda.
.
Revocation
3
The Gambling Act 2005 (Amendment of Foreign Gambling) (Amendment) Regulations 2008 are revoked.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
28th October 2008


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2008 and shall come into force on 1st April 2008.
2
These Regulations apply in relation to England.
Interpretation
2
In these Regulations, “the Dental Charges Regulations ” means the National Health Service (Dental Charges) Regulations 2005 .
Amendment of the Dental Charges Regulations
3
1
The Dental Charges Regulations are amended as follows.
2
In regulation 4 (calculation of charges) —
a
in paragraph (1), for £15.90 substitute £16.20;
b
in paragraph (2), for £43.60 substitute £44.60;
c
in paragraph (3), for £194.00 substitute £198.00;
d
in paragraph (4), for £194.00 substitute £198.00; and
e
in paragraph (5), for £15.90 substitute £16.20.
3
In Schedule 3 to the Dental Charges Regulations (Band 3 Charges – Provision of Appliances) for paragraph (a) substitute —
a
laboratory fabricated porcelain or composite veneers, including acid etch retention
.
Signed by authority of the Secretary of State for Health.
Ann Keen
Parliamentary Under-Secretary of State,
Department of Health
27th February 2008


text:
Citation
1
This Order may be cited as the Cleadon Village Church of England VA Primary School (Designation as having a Religious Character) Order 2008.
Designation of School
2
1
The Cleadon Village Church of England VA Primary School, Boldon Lane, Cleadon, Sunderland, Tyne and Wear, SR6 7RP, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
J D Loosley
A Deputy Director in the
Department for Children, Schools and Families
30th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Air Force Act 1955 (Part 1) (Amendment) Regulations 2008 and come into force on 14 July 2008.
Amendment of the Air Force Act 1955 (Part 1) Regulations 2007
2
The Air Force Act 1955 (Part 1) Regulations 2007 are amended as follows.
Amendment to regulation 3
3
For regulation 3 substitute —
Competent air-force authority
3
1
In addition to the Defence Council and the Air Force Board, the competent air- force authority shall be —
a
for the purpose of section 9 of the 1955 Act (postponement of discharge or transfer to the reserve), the Air Secretary;
b
subject to paragraph (2), for the purpose of section 11(3) of the 1955 Act (discharge of an airman), the officer specified in column (b) of Schedule 1 to these Regulations;
c
for the purpose of designating a person on his transfer to the Air Force Reserve as a person to whom paragraph 16 of Schedule 8 to the Reserve Forces Act 1980 (permanent call out of air force reserve) applies, the Air Secretary.
2
The officer specified in column (b) of Schedule 1 may only give an order authorising the discharge of an airman for the corresponding reason or in the corresponding circumstances specified in column (a).
3
Where section 18(1)(b) of the 1955 Act (invalid attestation or enlistment) applies, the Air Secretary is authorised to discharge an airman.
4
Subject to paragraph (5), every reference in this regulation and in Schedule 1 to —
a
the Commander-in-Chief shall have effect as if it also included a reference to an Air Officer Commanding a Group or other Formation or, if authorised in writing by the Commander-in-Chief, to a Commanding Officer not below the rank of Group Captain;
b
the Air Secretary, the Commandant RAF College and Director of Recruitment (RAF) or a Commanding Officer shall have effect as if it included a reference to any member of the staff of that officer who has been duly authorised by him to act on his behalf.
5
The reference to the Commander-in-Chief authorising the discharge of an airman for the reason specified at item 5(d) of Schedule 1 shall have effect as if it included a reference to any member of the staff of the Commander-in-Chief who has been duly authorised by him to act on his behalf.
.
Amendment to Schedule 1
4
1
For Schedule 1 substitute —
SCHEDULE 1
Regulation 3(1)
COMPETENT AIR-FORCE AUTHORITY TO AUTHORISE DISCHARGE Item No. Column (a) Column (b) Competent Air Force Authority Reason for or Circumstances of Discharge Airman in a Ground Trade other than Warrant Officer Non-Commissioned Aircrew other than Master Aircrew Warrant Officer Master Aircrew
1 Having completed non-pensionable engagement. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 2 With a view to Service pension, having completed time for pension or having requested discharge within 3 months of the end of engagement in order to take up civil employment. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 3 Having requested discharge following an application for premature voluntary release or having given 18 months’ notice. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 4 For misconduct or following civil conviction. Commander-in-Chief Air Force Board Air Force Board Air Force Board 5 At the discretion of the officer specified in column (b) in the following circumstances:– (a) in the case of voluntary withdrawal from training by:– (i) officer cadet undergoing initial officer training Commandant RAF College and Director of Recruitment (RAF) (ii) trainee non-commissioned aircrew prior to the award of a flying badge. Commanding Officer (b) in the case of an airwoman having requested discharge because of pregnancy. The Air Secretary The Air Secretary The Air Secretary The Air Secretary (c) in the case of an airman who cannot be discharged under any other heading. The Air Secretary The Air Secretary Air Force Board Air Force Board (d) in the case of a directly entered List 1 medical trainee or a directly entered technician who is withdrawn from training, or who fails on passing out and is unwilling to be remustered to, or trained for, another trade.
Commander-in-Chief or
The Air Secretary
(e) in the case of an airman who is withdrawn from, or fails, trade training and cannot be offered training in another trade because he is unsuitable for trades in which there are vacancies, or there are no vacancies in trades for which he is suitable. The Air Secretary (f) in the case of an airman who elects to be discharged in lieu of compulsory transfer or
remustering from a sensitive trade, or who applies for discharge after failing to qualify for remustering at his rank level.
The Air Secretary Air Force Board (g) in the case of an airman who is medically unfit for his present trade and has declined an offer of employment in a suitable alternative trade. The Air Secretary The Air Secretary (h) in the case of an airman who, through circumstances beyond his control, is medically unfit for the full range of duties in his trade or category, and who considers that the resultant effect on his career prospects is unacceptable. The Air Secretary The Air Secretary The Air Secretary The Air Secretary (i) in the case of an airman who is withdrawn from recruit training. Commanding Officer 6 Compassionate grounds. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 7 Having been appointed to a commission. Commanding Officer Commanding Officer Commanding Officer Commanding Officer 8 Invalided:– (a) below current air force medical standards; The Air Secretary The Air Secretary The Air Secretary The Air Secretary (b) physically unfit for air force service as aircrew. The Air Secretary The Air Secretary 9 Not likely to maintain the required air force medical standard:– (a) in the case of an airman whose disabilities are discovered on medical examination within 21 days of attestation; Commanding Officer Commanding Officer (b) in the case of an airman discharged within 6 months of attestation. Commanding Officer Commanding Officer 10 In the case of an airman found medically unsuitable for air force service as aircrew, but not physically unfit for ground duties.
The Air Secretary
Commanding Officer in the case of directly entered aircrew cadets
The Air Secretary 11 In the case of an airman found to be unsuited to a Service environment. The Air Secretary The Air Secretary Air Force Board Air Force Board 12 Having given a false answer on attestation or having made a misstatement on enlistment. The Air Secretary The Air Secretary 13 For inefficiency. Commander-in-Chief Air Force Board Air Force Board Air Force Board 14 Services no longer required:– (a) in the case of an airman found to be unsuitable during recruit training; Commanding Officer Commanding Officer (b) in the case of an airman found to be unsuitable in trade, category or rank.; Commander-in-Chief Air Force Board Air Force Board Air Force Board (c) in the case of an airman who cannot be allowed to remain in the Service because he is unable to meet Service obligations through circumstances beyond his control, or because of a permanently reduced medical employment standard for whom a medical discharge would not be ppropriate. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 15 Not likely to reach the standard required for air force service:– (a) in the case of an officer cadet who fails initial officer training; Commandant RAF College and Director of Recruitment (RAF) (b) in the case of non-commissioned aircrew who fail training prior to the award of a flying badge. Commanding Officer 16 In the case of aircrew found to be below the required standard for air force service other than those under item 17. The Air Secretary 17 In the case of non-commissioned aircrew who fail OCU training prior to giving productive aircrew service. The Air Secretary 18 In the case of a Warrant Officer or Master Aircrew who is reduced to the ranks and claims discharge under section 15 of the 1955 Act. The Air Secretary The Air Secretary 19 In the case of an airman discharged prematurely due to redundancy. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 21 In the case of an airman who is surplus to requirements in a specific trade and rank. The Air Secretary The Air Secretary The Air Secretary The Air Secretary 22 Statutory right of a recruit under regulation 8(1) of the Royal Air Force Terms of Service Regulations 2007 . Commanding Officer Commanding Officer
.
Amendment to Schedule 4
5
For Schedule 4 substitute —
SCHEDULE 4
Regulation 9
.
On behalf of the Defence Council
Derek Twigg
Glenn Torpy
Members of the Defence Council
18th June 2008


text:
Citation and commencement
1
This Order may be cited as the Inspectors of Education, Children’s Services and Skills Order 2008 and comes into force on 13th March 2008.
Appointment of Her Majesty’s Inspectors of Education, Children’s Services and Skills
2
The persons named in the Schedule to this Order are appointed Her Majesty’s Inspectors of Education, Children’s Services and Skills.
Judith Simpson
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2008 and shall come into force on 1st October 2008.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed on or before 28th July 2008 in the Schedule annexed to The Universities UK /Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006 ; or
ii
listed on or before 28 th August 2008 in the second column of Appendix 7 annexed to the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28 th August 2008 .
Revocation of earlier Regulations
3
The Houses in Multiple Occupation (Specified Educational Establishments) (England) ( No. 2) Regulations 2007 are revoked .
John Healey
Minister of State
Department for Communities and Local Government
2nd September 2008


text:
Citation and commencement
1
1
These Regulations may be cited as the Home Information Pack (Amendment) (No.3) Regulations 2008.
2
Regulations 1 to 7 of these Regulations shall come into force on 1st January 2009 and regulations 8 to 12 shall come into force on 6th April 2009.
Amendment of the Home Information Pack (No.2) Regulations 2007
2
The Home Information Pack ( No. 2) Regulations 2007 are amended in accordance with regulations 3 to 12.
Provisions to come into force on 1st January 2009
3
In regulation 8 (required pack documents), in paragraph (h) —
a
after sub-paragraph (i) omit “and”; and
b
omit paragraph (ii).
4
In regulation 9 (authorised pack documents), in paragraph (l)(i) for “paragraph 3” substitute “paragraphs 1A to 3A”.
5
In the following provisions for “1st January 2009” substitute “6th April 2009” —
i
in paragraph (1)(a) of regulation 16 (energy information unobtainable before or at the first point of marketing);
ii
in paragraph (2)(a) of regulation 34 (exception - first day marketing during a temporary period) ; and
iii
in paragraph 4(a) (access to local authority records) of Schedule 6 .
6
In regulation 30 (exception for portfolios of properties), omit sub-paragraph (1)(b)(i).
7
In Schedule 5 (leasehold information) —
a
in paragraph 1, omit sub-paragraphs (1)(b) to (d) and (2);
b
after paragraph 1 omit the heading “Required leasehold information” and insert —
Authorised leasehold information
1A
The matters referred to in regulation 9(l) (“authorised leasehold information”) are set out in paragraphs 2, 3 and 3A.
;
c
in paragraph 2, in sub-paragraph (1) for the words “Subject to sub-paragraph (2), the matters referred to in regulation 8(h)(ii) are” substitute “Authorised leasehold information includes”, and omit sub-paragraph (2) and the heading “Authorised leasehold information” which follows it;
d
in paragraph 3 —
i
for the words “The matters referred to in regulation 9(l) are” substitute “Authorised leasehold information includes the following matters relating to interests, rights and obligations affecting the property,”;
ii
in sub-paragraph (a), after “property” insert “other than the lease which is a required document under paragraph 1,”;
e
after paragraph 3, insert —
3A
Authorised leasehold information also includes the following matters relating to the management of the property —
a
such regulations or rules as are made for the purposes of managing the property by —
i
the current lessor or proposed lessor;
ii
such managing agents as are appointed or proposed for appointment by the lessor to manage the property; and
iii
such other persons as manage or are likely to manage the property,
and their predecessors (if any);
b
statements or summaries of service charges supplied in respect of the property under section 21 of the Landlord and Tenant Act 1985 or otherwise, and relating to the 36 months preceding the first point of marketing; and
c
the most recent requests for payment or financial contribution where made in respect of the property, relating to the 12 months preceding the first point of marketing, towards such of the following as are relevant to the property —
i
service charges;
ii
ground rent;
iii
insurance against damage for the building in which the property is situated (if made separately from the request relating to service charges included under sub-paragraph (i)); and
iv
insurance for any person in respect of personal injury or death caused by or within the building in which the property is situated (if made separately from the request relating to service charges included under sub-paragraph (i)).
Provisions to come into force on 6th April 2009
8
In regulation 2(1) (interpretation-general provisions) —
a
in the definition of “new home” , for “regulation 8(ca) and (cb)” substitute “regulation 8(ca), (cb), (m) and (n) and Schedule 12”;
b
after the definition of “property” insert —
“property information questionnaire” means the document required by regulation 8(m) or (n), as the case may be;
.
9
In regulation 8 (required pack documents) —
a
after paragraph (k) omit “and”; and
b
after paragraph (l), add —
m
where the property is not a new home, a property information questionnaire complying with Schedule 11; and
n
where the property is a new home, a property information questionnaire complying with Schedule 12.
.
10
After Schedule 10, insert —
SCHEDULE 11
Property Information Questionnaire
Regulation 8(m)
PART 1 General
1
1
The property information questionnaire (“ PIQ ”) required by regulation 8(m) must contain —
a
the title and statement in paragraph 2 of Part 2 of this Schedule;
b
the information in paragraph 3 of Part 2;
c
the questions in paragraph 4 of Part 2 in the manner prescribed by the paragraph; and
d
the responses to the questions completed by the seller.
2
Where the property interest is or includes the whole or part of a leasehold interest, the PIQ must also contain —
a
the information and questions set out in Part 3 of this Schedule in the manner prescribed by that paragraph; and
b
the responses to the questions completed by the seller.
PART 2 Information required in respect of all properties
General information
2
The PIQ must contain the following at the start of the document —
a
the title “Property Information Questionnaire” and below it “Part 1”; and
b
the following statement —
About this form —
This form should be completed by the seller. The seller may be the owner or owners; a representative with the necessary authority to sell the property for an owner who has died; a representative with the necessary authority to sell the property for a living owner (e.g. a power of attorney) or be selling in some other capacity. The form should be completed and read as though the questions were being answered by the owner.
If you are the seller, you should be aware that —
Answers given in this form should be truthful and accurate to the best of your knowledge. The questions have been designed to help the smooth sale of your home. Misleading or incorrect answers are likely to be exposed later in the conveyancing process and may endanger the sale.
Information included in this form does not replace official documents or legal information. You should be prepared to provide such documents on request in support of the answers given in this form.
If you hold any guarantees for work on your property, your buyer’s conveyancer is likely to ask for evidence, which it is in your interests to make available as soon as possible.
If anything changes to affect the information given in this form prior to the sale of your home, you should inform your conveyancer or estate agent immediately.
If you are an estate agent, you should be aware that —
This form should be completed by the seller but it is your responsibility to ensure that it is included in the Home Information Pack.
The Property Misdescriptions Act 1991 does not apply where the form has been completed solely by the seller.
If you are the buyer, you should be aware that —
The information contained in this document should have been completed truthfully and accurately by the seller. However, the information only relates to the period during which the seller has owned the property (see question 1) and does not replace official documents or legal information and you should confirm any information with your conveyancer.
The seller must provide the information set out in Part 1 of this questionnaire.
Where the property being sold is a leasehold property, the seller must also complete Part 2 of this questionnaire.
.
3
Part 1 of the PIQ must contain the following information —
a
the postal address of the property;
b
the name of the seller; and
c
the date the PIQ was completed.
Questions
4
Part 1 of the PIQ must reproduce the following questions and statements in the order that they are set out —
All properties
1
When was the property purchased?
Answer — this should be the month and year.
2
Is your property a listed building or contained in a listed building?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
3
What council tax band is the property in? [Note: Buyers should be aware that improvements carried out by the seller may affect the property’s council tax banding following a sale.]
Answer — should be A, B, C, D, E, F, G or H as appropriate.
4
What parking arrangements exist at your property?
Answer — should be “garage”, “allocated parking space”, “driveway”, “on street”, “resident permit”, “metered parking”, “shared parking” or specify other.
Other issues affecting the property
5
Has there been any damage to your property as a result of storm or fire since you have owned it?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details.
6
If you have answered “yes” to question 5, was the damage the subject of an insurance claim?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please state whether any of these claims are outstanding.
7
Are you aware of any flooding at your property since you have owned it or before?
Answer — should be “yes” or “no” as appropriate.
a
If “yes”, please give details.
8
Have you checked the freely available flood risk data at the Environment Agency’s website ( http://www.environment-agency.gov.uk/subjects/flood)?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details.
b
If “no”, the buyer is advised to check the Environment Agency website for an indication of flood risk in the area.
9
Has there been any treatment of or preventative work for dry rot, wet rot or damp in the property since you have owned the property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details of any guarantees relating to the work and who holds the guarantees.
Utilities and services
10
Is there central heating in your property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details of the type of central heating (examples: gas-fired, oil fired, solid fuel, liquid gas petroleum).
11
When was your central heating or other primary heating system last serviced?
Answer — should be details of year and whether a report is available or “not serviced” or “don’t know” as appropriate.
12
When was the electrical wiring in your property last checked?
Answer — should be details of year and whether a report is available or “not checked” or “don’t know” as appropriate.
13
Please indicate which services are connected to your property.
Answer —
Services Connected
Electricity Gas Water mains or private water supply Drainage to public sewer (If not connected, please indicate whether there is a cesspool or septic tank.) Telephone Cable TV or satellite Broadband
Changes to the property
14
Have you carried out any structural alterations, additions or extensions (e.g. provision of an extra bedroom or bathroom) to the property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details of the nature of the work.
b
Was building regulation approval obtained?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
c
Was planning permission obtained?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
d
Was listed building consent obtained?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
If the response was “no” for any of (b) to (d), please state why not (e.g. “not required” or “work completed under approved person scheme”).
15
Have you had replacement windows, doors, patio doors or double glazing installed in your property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details of changes and guarantees, if held.
Access
16
Do you have right of access through any neighbouring homes, buildings or land?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details.
17
Does any other person have a right of access through your property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, please give details.
Leasehold properties
18
Is your property a leasehold property?
If “yes”, please complete Part 2 of this questionnaire. If “no”, there is no need to complete Part 2 of this questionnaire.
.
PART 3 Information required in respect of leasehold properties
5
Part 2 of the PIQ must reproduce the following questions and statements in the order that they are set out —
PART 2
Only complete this part if the property is a leasehold property.
If the lease is a new one and has not yet been granted, please answer the questions based on the draft terms of the lease.
Before entering into a binding commitment, buyers should confirm any matter relating to the leasehold ownership by reading the lease and checking the position with their conveyancer.
Additional information for leasehold properties
19
What is the name of the person or organisation to whom you pay —
a
ground rent; and
b
service charges (if different from (a) above)?
20
How many years does your lease have left to run?
21
How much is your current annual ground rent?
22
How much is your current annual service charge?
23
How much is your current annual buildings insurance premium (if not included in the service charge)?
24
Are you aware of any proposed or ongoing major works to this property?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
a
If “yes”, what type of works are they and what is the expected cost relating to this property (if known)?
25
Does the lease prevent you from —
a
sub-letting?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
b
keeping pets?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
26
Does the lease allow you to —
a
use a car park or space?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
b
have access to a communal garden (where applicable)?
Answer — should be “yes”, “no” or “don’t know” as appropriate.
27
Leases often permit or prevent certain types of activity relating to the use of the property, those referred to in question (25) are examples. Are there any other conditions or restrictions in the lease which could significantly impact on a person’s use of the property?
a
If “yes”, please specify.
Explanatory Notes to Numbered Items
19
The landlord will normally be the person to whom the ground rent is payable, although it is possible that an agent may be employed to collect this on the landlord’s behalf. The person or the organisation to whom the service charge is payable may be your landlord or head landlord or a residents’ management company – you should find the landlord’s details on your latest service charge demand. It is also possible that an agent has been employed to collect service charges on their behalf.
20
The number of years is calculated by taking the original number of years the lease was granted for and deducting the number of years that have expired since the lease was first granted.
21
This information will be found in the lease.
22
This information should be found on the previous year’s service charge demands.
24
Leaseholders should have been notified of this as part of the required consultation process where their contribution towards the work exceeds £250.
Please note : All leaseholders should have their own copy of the lease although sometimes this is held by the mortgage lender or the conveyancer who handled the purchase. A copy can normally be obtained from the Land Registry – www.landregisteronline.gov.uk . It is unlikely that the managing agent will be able to provide a copy of the lease.
.
SCHEDULE 12
Property Information Questionnaire (New Homes)
Regulation 8(n)
PART 1 General
1
1
The property information questionnaire (“PIQ”) required by regulation 8(n) must contain —
a
the title and statement in paragraph 2 of Part 2 of this Schedule;
b
the information in paragraph 3 of Part 2;
c
the questions in paragraph 4 of Part 2 in the manner prescribed by the paragraph; and
b
the responses to the questions completed by the seller.
2
Where the property interest is or includes the whole or part of a leasehold interest, the PIQ must also contain —
a
the information and questions set out in Part 3 of this Schedule in the manner prescribed by that part; and
b
the responses to the questions completed by the seller.
PART 2 Information required in respect of all properties
General information
2
The PIQ must contain the following at the start of the document —
a
the title “Property Information Questionnaire” and below it “Part 1”; and
b
the following statement —
About this form —
This form should be completed by the seller. The seller may be the owner or owners; a representative with the necessary authority to sell the property for an owner who has died; a representative with the necessary authority to sell the property for a living owner (e.g. a power of attorney) or be selling in some other capacity. The form should be completed and read as though the questions were being answered by the owner.
If you are the seller, you should be aware that —
Answers given in this form should be truthful and accurate to the best of your knowledge. The questions have been designed to help the smooth sale of your home. Misleading or incorrect answers are likely to be exposed later in the conveyancing process and may endanger the sale.
Information included in this form does not replace official documents or legal information. You should be prepared to provide such documents on request in support of the answers given in this form.
If anything changes to affect the information given in this form prior to the sale of your home, you should inform your conveyancer or estate agent immediately.
If you are an estate agent, you should be aware that —
This form should be completed by the seller but it is your responsibility to ensure that it is included in the Home Information Pack.
The Property Misdescriptions Act 1991 does not apply where the form has been completed solely by the seller.
If you are the buyer, you should be aware that —
The information contained in this document should have been completed truthfully and accurately by the seller. However, the information does not replace official documents or legal information, you should confirm any information with your conveyancer.
The seller must provide the information set out in Part 1 of this questionnaire.
Where the property being sold is a leasehold property, the seller must also complete Part 2 of this questionnaire.
.
3
Part 1 of the PIQ must contain the following information —
a
the postal address or proposed address (which may include a plot number);
b
the name of the seller; and
c
the date the PIQ was completed.
Questions
4
Part 1 of the PIQ must reproduce the following questions and statements in the order that they are set out —
All properties
1
Is the property a listed building or contained in a listed building?
Answer — should be “yes” or “no”.
2
Has the property received building regulation approval?
Answer — should be “yes” or, “no”. If “yes”, please give details.
3
Has the property received a building regulation completion certificate?
Answer — should be “yes” or “no”. If “no”, please give details.
4
Is the property sold with a warranty?
Answer — should be “yes” or “no”. If “yes”, please give the name of the provider.
5
What parking arrangements exist or are planned for the property?
Answer — should be “garage”, “allocated parking space”, “driveway”, “on street”, “resident permit”, “metered parking”, “shared parking” or specify other.
Other matters affecting the property
6
Has there been any damage to the property as a result of storm or fire since you have owned it?
Answer — should be “yes” or “no” as appropriate. If “yes”, please give details.
7
Are you aware of any flooding at the property since you have owned it or before?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes”, please give details. (Note: The buyer is advised to check the Environment Agency website for an indication of flood risk in the area.)
8
Has there been or is there any preventative work planned for dry rot, wet rot or damp in the property?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
a
If the answer to 8 was “yes”, are there any guarantees relating to this work? If “yes”, please give details.
Utilities and services
9
Is there or will there be central heating in the property?
Answer/response — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details of the type of central heating.
10
Please indicate which services are or will be connected to the property.
Services Connected To be connected
Electricity Gas Water mains or private water supply Drainage to public sewer (If not connected, please indicate whether there will be a cesspool or septic tank) Telephone Cable TV or satellite Broadband
Access
11
Is there a right of access through any neighbouring homes, buildings or land?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
12
Does any other person have a right of access through the property?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
Leasehold properties
13
Is the property a leasehold property?
If “yes”, please complete Part 2 of this questionnaire. If “no”, there is no need to complete Part 2 of this questionnaire.
.
PART 3 Information required in respect of leasehold properties
5
Part 2 of the PIQ must reproduce the following questions and statements in the order that they are set out —
PART 2
Only complete this part if the property is a leasehold property.
If the lease is a new one and has not yet been granted, please answer the questions based on the draft terms of the lease.
Before entering into a binding commitment, buyers should confirm any matter relating to the leasehold ownership by reading the lease, if one is available, and checking the position with their conveyancer.
Additional information for leasehold properties
14
Is there a lease for the property?
Answer/response — should be “yes” or “no”.
a
If “yes” please answer the remaining questions.
b
If “no”, please answer the remaining questions to the extent that the information is available.
15
What is the name of the person or organisation to whom the following will be paid?
a
ground rent
b
service charges (if different from (a) above)
16
What is the length of the lease?
17
How much is the proposed ground rent?
18
How much is the proposed annual service charge?
19
How much is the proposed annual buildings insurance premium (if not included in the annual service charge)?
20
Does the lease prevent —
a
subletting?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
b
keeping pets?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
21
Does the lease allow —
a
the use of a car park or space?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
b
access to a communal garden (where applicable)?
Answer — should be “yes”, “no” or “don’t know” as appropriate. If “yes” please give details.
22
Leases often permit or prevent certain types of activity relating to the use of the property, those referred to in question (20) are examples. Are there any other conditions or restrictions in the lease which could significantly impact on a person’s use of the property? If “yes”, please specify.
Order of pack documents
11
In regulation 13 (order of pack documents) —
a
after paragraph (a) insert —
aa
secondly —
i
the document required by regulation 8(m)(PIQ for a property that is not a new home); or
ii
the document required by regulation 8(n)(PIQ for a property that is a new home);
;
b
in paragraph (b) for “secondly” substitute “thirdly”; and
c
in paragraph (ba) for “thirdly” substitute “fourthly”.
Time at which PIQs are to be included in the pack documents
12
In regulation 14 (time at which pack documents are to be included), after paragraph (3) add —
4
The pack documents required by these Regulations to be included in the home information pack under regulation 8(m) and (n) must be included where the first point of marketing is on or after 6th April 2009.
.
Signed by authority of the Secretary of State for Communities and Local Government
Margaret Beckett
Minister of State for Housing
Department for Communities and Local Government
4th December 2008


text:
PART 1 General
Citation and commencement
1
This Order may be cited as the Immigration and Police (Passenger, Crew and Service Information) Order 2008 and shall come into force on 1st March 2008.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Immigration Act 1971;
“the 2006 Act ” means the Immigration, Asylum and Nationality Act 2006; and
“shuttle train”, “through train”, “train manager” and “international service” have the same meanings as in the Channel Tunnel (International Arrangements) Order 1993 .
2
For the purposes of this Order, information is known to the owner or agent of a ship or aircraft or a person operating an international service or his agent (“carrier”) if it is held by that carrier and —
a
if information of that nature is routinely held by the carrier on their carrier reservation system, departure control system or equivalent system; or
b
if the information is obtained in the ordinary course of the carrier’s business and is requested notwithstanding the fact that it is not held, or is not held routinely, on such a system.
PART 2 Power of immigration officer to require passenger list and particulars of crew
Power of immigration officer to require passenger list and particulars of crew
3
1
This article applies to —
a
a ship or aircraft arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom; and
b
a through train or shuttle train arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.
2
Subject to paragraph (4), an immigration officer may require a responsible person in respect of a ship or aircraft to which this article applies to supply —
a
a passenger list showing the names and nationality or citizenship of passengers arriving or leaving the United Kingdom on board the ship or aircraft; and
b
the particulars of members of the crew of the ship or aircraft which are set out in paragraph 1 of Schedule 1.
3
Subject to paragraph (4), an immigration officer may, in relation to a train to which this article applies, require a train manager or a person operating an international service or his agent to supply —
a
a passenger list showing the names and nationality or citizenship of passengers arriving or leaving the United Kingdom on board the train; and
b
the particulars of members of the crew of the train which are set out in paragraph 1 of Schedule 1.
4
The information which may be requested under this article may only be requested to the extent to which it is known by the responsible person, train manager or person operating an international service or his agent in circumstances where the information is to be provided before a point in time at which passengers have boarded the ship or aircraft or through train or shuttle train in preparation for departure and it is no longer possible for further passengers or crew to do so.
5
Where information has been requested in circumstances set out in paragraph (4), nothing in this article prevents that same information being requested from the responsible person, train manager or person operating an international service or his agent a second time where those same circumstances do not apply.
6
For the purposes of paragraphs (2), (4) and (5) a responsible person is one of the persons specified in paragraph 27(4) of Schedule 2 to the 1971 Act .
Form and manner in which passenger list and particulars of crew to be provided: immigration officers
4
A passenger list and particulars of crew shall be provided under article 3 in an electronic form that is compatible with the technology used by the recipient of the data unless an alternative form and manner of information transmission is authorised by the recipient of the information.
PART 3 Acquisition of passenger and service information by immigration officer
Passenger and service information: immigration officers
5
1
Subject to paragraph (2), the passenger information and service information set out in paragraphs 2 (information which relates to passengers) and 3 (information which relates to a voyage or flight or international service) of Schedule 1 is specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act (passenger and service information) .
2
The information set out in paragraphs 2 and 3 of Schedule 1 is only specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the person operating an international service or his agent in circumstances where the information is to be provided before a point in time at which passengers have boarded the ship or aircraft or through train or shuttle train in preparation for departure and it is no longer possible for further passengers or crew to do so.
3
Where information set out in paragraph 2 or 3 of Schedule 1 has been requested in circumstances set out in paragraph (2), nothing in this article prevents that same information being requested from the owner or agent of a ship or aircraft or from the person operating an international service or his agent a second time where those same circumstances do not apply.
4
The passenger information and service information set out in Schedule 2 is specified for the purposes of paragraph 27B(9) and (9A) of Schedule 2 to the 1971 Act to the extent to which it is known to the owner or agent of a ship or aircraft or to the person operating an international service or his agent.
PART 4 Police acquisition of passenger and service information
Passenger and service information: police
6
1
Subject to paragraph (2), the passenger and service information set out in Schedule 3 is specified for the purposes of section 32(5)(a) of the 2006 Act (passenger and crew information: police powers) in respect of ships and aircraft and through trains and shuttle trains arriving or expected to arrive in, or leaving or expected to leave, the United Kingdom.
2
The information set out in Schedule 3 is only specified for the purposes of section 32(5)(a) of the 2006 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the person operating an international service or his agent in circumstances where the information is to be provided before a point in time at which passengers have boarded the ship or aircraft or through train or shuttle train in preparation for departure and it is no longer possible for further passengers or crew to do so.
3
Where information set out in Schedule 3 has been requested in circumstances set out in paragraph (2), nothing in this article prevents that same information being requested from the owner or agent of a ship or aircraft or from the person operating an international service or his agent a second time where those same circumstances do not apply.
4
The passenger and service information set out in Schedule 4 is specified for the purposes of section 32(5)(a) of the 2006 Act to the extent to which it is known by the owner or agent of a ship or aircraft or by the person operating an international service or his agent.
Form and manner in which passenger and service information to be provided: police
7
Passenger and service information shall be provided under section 32 of the 2006 Act in an electronic form that is compatible with the technology used by the recipient of the data unless an alternative form and manner of information transmission is authorised by the recipient of the information.
Revocations
8
The following instruments are revoked —
a
The Immigration (Particulars of Passengers and Crew) Order 1972 ;
b
The Immigration (Particulars of Passengers and Crew) (Amendment) Order 1975 ; and
c
The Immigration (Passenger Information) Order 2000 .
Tony McNulty
Minister of State
Home Office
3rd January 2008