text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration and Nationality (Fees) Regulations 2007 and shall come into force on the day after the day on which they were made.
2
In these Regulations —
“an application for naturalisation” means an application for naturalisation as a:
British citizen under section 6(1) or (2) of the 1981 Act , or
British overseas territories citizen under section 18(1) or (2) of the 1981 Act;
“an application for registration” means an application for registration as a:
British citizen under section 1(3) or (4), 3(1), (2) or (5) , 4(2) or (5), 4A , 4B , 4C , 10(1) or (2) , or 13(1) or (3) of, or paragraph 3 , 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas territories citizen under sections 24 and 13(1) or (3), or 15(3) or (4), 17(1), (2) or (5), or 22(1) or (2) of, or paragraph 3, 4 or 5 of Schedule 2 to, the 1981 Act,
British overseas citizen under section 27(1) of, or paragraph 4 or 5 of Schedule 2 to, the 1981 Act, or
British subject under section 32 of, or paragraph 4 of Schedule 2 to, the 1981 Act;
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
“claim for asylum” has the meaning given in section 94(1) of the Immigration and Asylum Act 1999 , and a claim for asylum is to be taken to be determined —
on the day on which the Secretary of State notifies the claimant of his decision on the claim,
if the claimant has appealed against the Secretary of State’s decision, on the day on which the appeal is disposed of, or
if the claimant has brought an in-country appeal against an immigration decision under section 82 of the Nationality, Immigration and Asylum Act 2002 or section 2 of the Special Immigration Appeals Commission Act 1997 , on the day on which the appeal is disposed of;
“child” means a person under the age of eighteen;
“dependant” in respect of a person means —
the spouse, civil partner, unmarried or same-sex partner, or
a child,
of that person;
“European Community Association Agreement” means the —
Agreement establishing an Association between the European Community and Turkey, signed at Ankara on 12 September 1963,
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed at Brussels on 8th March 1993, and
Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Romania, of the other part, signed at Brussels on 1st February 1993;
“Highly Skilled Migrant Programme” means the programme operated by the Secretary of State for highly skilled migrants under the immigration rules;
“immigration rules” means rules made under section 3(2) of the Immigration Act 1971 ;
“leave to remain” includes variation of leave to enter or remain;
“school teacher” has the same meaning as in section 122 of the Education Act 2002 ;
“the 1981 Act” means the British Nationality Act 1981 ;
“the 2007 Order ” means the Immigration and Nationality (Fees) Order 2007 ; and
“unmarried or same sex partner” of a person means a person who is living with that other person in a relationship akin to marriage which has subsisted for two years or more.
Fees for applications for leave in the United Kingdom
3
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom —
a
for work permit employment;
b
for the purposes of employment under the Sectors-Based Scheme;
c
for Home Office approved training; or
d
as a seasonal agricultural worker,
under the immigration rules, the fee is that specified in paragraph (2).
2
The fee is —
a
£550 for an application made in person at the relevant Public Enquiry Office of the Border and Immigration Agency of the Home Office; or
b
£350 for an application made by post or courier.
3
This regulation is subject to regulations 9, 10, 12, 13 and 14.
4
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for limited leave to remain in the United Kingdom as a highly skilled migrant under the immigration rules, the fee is £350.
2
This regulation is subject to regulations 9, 10, 12, 13 and 14.
5
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for a limited leave to remain in the United Kingdom as —
a
a person intending to establish himself in business;
b
an innovator;
c
an investor;
d
a retired person of independent means; or
e
a sole representative,
under the immigration rules, the fee is £750.
2
This regulation is subject to regulations 10, 12, 13 and 14.
6
1
In the case of an application to which article 3(2)(a) or (b) of the 2007 Order applies, where the application is for indefinite leave to remain in the United Kingdom, the fee is —
a
£950 for an application made in person at a Public Enquiry Office of the Border and Immigration Agency of the Home Office; or
b
£750 for an application made by post or courier.
2
This regulation is subject to regulations 7, 8, 9, 11, 12, 13 and 14.
Exceptions in respect of fees for leave to remain applications
7
No fee is payable in connection with an application for indefinite leave to remain in the United Kingdom, which is made on the basis that the applicant is —
a
a person making a claim for asylum which has not been determined or has been granted;
b
a person who has been granted humanitarian protection under the immigration rules;
c
a person who has been granted limited leave to enter or remain in the United Kingdom outside the provisions of the immigration rules on the rejection of their claim for asylum; or
d
a dependant of a person referred to in paragraph (a), (b) or (c).
8
No fee is payable in connection with an application referred to in regulation 6, where the application is for indefinite leave to remain in the United Kingdom as a victim of domestic violence under the immigration rules, where at the time of making the application, the applicant appears to the Secretary of State to be destitute.
9
No fee is payable in respect of applications referred to in regulation 3, 4 or, insofar as the application is made for work permit employment or as a highly skilled migrant under the immigration rules, 6, where the application is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter .
10
No fee is payable in respect of applications referred to in regulation 3, 4 or 5, if the application is made in respect of a person seeking variation of leave to enter or remain in the United Kingdom for a period of up to 6 months where the application is made to an immigration officer on arrival at a port of entry in the United Kingdom.
11
No fee is payable in respect of an application referred to in regulation 6 if the application is made in respect of a person who, at the time of making the application, is a child and is being provided with assistance by a local authority (or, in Northern Ireland, an authority, which has the same meaning given in article 2(2) of the Children (Northern Ireland) Order 1995).
12
No fee is payable in respect of an application referred to in regulation 3, 4, 5 or 6 if it is made under the terms of a European Community Association Agreement.
13
1
If the conditions specified in paragraph (2) are met, a single fee is payable in connection with the applications made.
2
The conditions are —
a
an application is made by an applicant (A) for limited or indefinite leave to remain in the United Kingdom; and
b
at the same time A makes a similar application on behalf of one or more of his dependants, in circumstances where such persons are applying as dependants of A.
3
The fee payable shall be the fee specified for the application in respect of A.
14
Where two or more applications for leave to remain or indefinite leave to remain in the United Kingdom are made at the same time, or are being considered by the Secretary of State, in respect of the same person and fees are specified in respect of those applications, a single fee shall be payable that being the higher, or as the case may be, the highest of the fees specified in respect of those applications where those fees are different.
Fees for immigration employment documents
15
1
Subject to paragraph (2) and regulations 16 and 18, in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, other than where the application is made in respect of a person who is seeking to enter, or remain in, the United Kingdom —
a
under the Highly Skilled Migrant Programme; or
b
as a seasonal agricultural worker;
under the immigration rules, the fee is £190.
2
No fee is payable in respect of an application for an immigration employment document which is made in respect of a person seeking to enter, or remain in, the United Kingdom as a school teacher employed in England.
16
1
Subject to regulation 18, where an application for an immigration employment document is made by a single employer in respect of a number of persons who form a group, each of whom is seeking leave to enter, or remain in, the United Kingdom as a person to whom paragraph (2) applies, a single fee is payable in respect of that application.
2
This paragraph applies to a person who is seeking to enter, or remain in, the United Kingdom —
a
as a person employed by a ballet or other dance group, theatre group, circus troupe, or orchestra or other group of musicians, and
b
for the purpose of fulfilling a contractual obligation to perform in the United Kingdom.
17
Subject to regulation 18, in the case of an application to which article 3(2)(d) of the 2007 Order applies, namely an application for an immigration employment document, where the application is made in respect of a person seeking to enter, or remain in, the United Kingdom under the Highly Skilled Migrant Programme, the fee is £400.
18
1
Subject to paragraph (2), an application for an immigration employment document need not be accompanied by a fee if it is made in respect of a person who is a national of a state which has ratified the Council of Europe Social Charter or the Council of Europe Revised Social Charter.
2
Paragraph (1) will only except an application referred to in regulation 16 from the requirement that it be accompanied by a fee if every person in respect of whom the application is made is a person to whom that regulation applies.
Fees for nationality applications
19
1
In the case of an application to which article 3(2)(f) or (g) of the 2007 Order applies, namely an application for naturalisation, the fee is £575.
2
Subject to paragraph (3), where either a husband and wife, or two people who are civil partners of each other, apply at the same time for naturalisation as British citizens or British overseas territories citizens and at the time of the applications are residing together, the total fee payable in respect of those applications shall be the same as that for a single application.
3
Paragraph (2) does not apply to any fee which is payable in respect of the arrangement of a citizenship ceremony.
20
1
In the case of an application to which article 3(2)(h) to (k) of the 2007 Order applies, namely an application for registration, the fee to be paid is £400.
2
Where an application for registration of a child is made at the same time as an application for registration of another child and those children have the same parent, or parents, the total fee payable in respect of the applications shall be the same as that for a single application.
3
In this regulation, “parent” includes a step-parent and an adoptive parent.
Consequences of failing to pay the specified fee
21
1
Subject to paragraph (2), where an application to which these Regulations refer is to be accompanied by a specified fee, the application will not be considered to have been validly made unless it has been accompanied by that fee.
2
An application referred to in Regulations 3, 4, 5 or 6, which is made prior to 21st May 2007, will be treated as having been validly made regardless of whether the fee specified in respect of that application has been paid.
3
The Secretary of State may treat an application referred to in paragraph (2) as withdrawn if, having written to inform the person who made the application that the specified fee has not been provided, that fee is not provided within 28 days of the letter having been posted.
Liam Byrne
Minister of State
Home Office
1st April 2007
We consent
Claire Ward
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007 and come into force on 13th June 2007.
Form of notices
2
1
Notice given by the proprietor under section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995 (notice that infringing goods are expected to arrive in the United Kingdom) shall be in the form set out in Schedule 1 to these Regulations, or a form to the like effect approved by the Commissioners.
2
Notice given by the proprietor under section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995 (notice that goods which have arrived in the United Kingdom are infringing) shall be in the form set out in Schedule 2 to these Regulations, or a form to the like effect approved by the Commissioners.
Indemnity etc.
3
A person giving notice under —
a
section 12A(1) of the Olympic Symbol etc. (Protection) Act 1995; or
b
section 12A(8)(a) of the Olympic Symbol etc. (Protection) Act 1995
must indemnify the Commissioners against all liability or expense that the Commissioners may incur in consequence of the giving of the notice, the detention of the goods, or anything done to the goods.
Paul Gray
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd May 2007


text:
Citation and Commencement
1
This Order may be cited as the Employment Act 2002 (Amendment of Schedules 3, 4 and 5) Order 2007 and shall come into force on 6 th April 2007.
Amendment of Schedules 3, 4 and 5
2
In each of Schedules 3, 4 and 5 to the Employment Act 2002 (tribunal jurisdictions to which sections 31, 32 and 38 apply), after the entry relating to regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 there is inserted —
Regulation 45 of the European Public Limited-Liability Company Regulations 2004 ( S.I. 2004/2326 ) (detriment in employment)
Regulation 33 of the Information and Consultation of Employees Regulations 2004 ( S.I. 2004/3426 ) (detriment in employment)
Paragraph 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 ( S.I. 2006/349 ) (detriment in employment)
.
Transitional Provisions
3
This Order shall apply —
a
in relation to dismissal and disciplinary action, where the employer first contemplates dismissing or taking disciplinary action against the employee after this Order comes into force; and
b
in relation to grievances, where the action about which the employee complains occurs or continues after this Order comes into force,
but shall not apply in relation to a grievance where the action continues after this Order comes into force if the employee has raised a grievance about the action with the employer or has presented a complaint to the employment tribunal about the grievance before it came into force.
Jim Fitzpatrick
Parliamentary Under Secretary of State Employment Relations and Postal Services, Minister for London
Department of Trade and Industry
9th January 2007


text:
Citation and commencement
1
These Regulations may be cited as the Office for Standards in Education, Children’s Services and Skills (Children’s Rights Director) Regulations 2007 and come into force on 1st April 2007.
Functions of the Children’s Rights Director
2
The following functions are prescribed for the purposes of section 120(2) of the Education and Inspections Act 2006 (functions of the Children’s Rights Director) —
a
to advise and assist the Chief Inspector in relation to the Chief Inspector’s duty when performing his functions set out in section 120(3) of that Act to have regard to —
i
the need to safeguard and promote the rights and welfare of children,
ii
views expressed by relevant persons about activities within his remit ,
in particular by ascertaining the views of children (and, where appropriate, their parents) about those activities, and reporting such views to the Chief Inspector; and
b
to inform the Chief Inspector of any matters in relation to the rights and welfare of children that he considers significant.
Beverley Hughes
Minister of State
Department for Education and Skills
19th February 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) (Laboratories, Circuses and Avian Quarantine) Regulations 2007; they apply in relation to England only and come into force on 1st July 2007.
Amendment to the Animals and Animal Products (Import and Export) (England) Regulations 2006
2
The Animals and Animal Products (Import and Export) (England) Regulations 2006 are amended as follows.
3
1
Regulation 1 is amended as follows.
2
In paragraph (2) —
a
for the definition of “captive bird”, substitute —
“captive birds” means birds as defined in Article 3(a) of Commission Regulation (EC) No. 318/2007
;
b
after the definition of “inspector”, insert —
“inspector rate” is the rate determined under regulation 31(2)(a);
;
c
for the definitions of “quarantine centre” and “quarantine facility”, substitute —
“quarantine centre” in relation to captive birds and “quarantine facility” mean a centre or facility, as the case may be, for which approval is required for the purposes of Article 11 of Commission Regulation (EC) No. 318/2007 ;
.
d
in the definition of “quarantine manager” for “regulation 19(11)” substitute “regulation 19(10)”.
3
In paragraph (3) —
a
omit the definition of “Commission Decision 2000/666/ EC ”; and
b
after the definition of “ Commission Regulation (EC) No. 282/2004 ”, insert —
“ Commission Regulation (EC) No. 318/2007 ” means Commission Regulation (EC) No. 318/2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof;
;
4
In paragraph (4), for “Commission Decision 2000/666/EC ”, substitute “ Commission Regulation (EC) No. 318/2007 .”.
4
After regulation 5(6) insert —
7
For the purposes of Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circus animals between member States the Secretary of State is the competent authority, and may charge such fee as he considers will enable him to meet the expenses incurred by him when registering a circus or animal act under Article 4 of that Regulation.
8
Such fee shall be paid by the applicant for registration and shall be due after submission of the application upon the written demand of the Secretary of State;
9
A demand under paragraph (8) may be addressed to the applicant concerned at his last known address, whether or not it is his address for business.
10
No operator may contravene Article 8(3) of Commission Regulation (EC) No. 1739/2005 (obliging operators of circuses, and animal acts to which the Regulation applies, to retain for at least five years the information in their registers of animals and of venues).
11
In paragraph (8), “operator” means a circus operator within the meaning of Commission Regulation (EC) No. 1739/2005 , or the operator of an animal act in so far as that Regulation applies to him.
.
5
In regulation 9 —
a
in paragraph (4), after “Mycoplasma” insert “and Salmonella”;
b
omit paragraph (5).
6
In regulation 16, for paragraph (4), substitute —
4
No person may import a captive bird unless it is from an approved breeding establishment as defined in Article 3(b) of Commission Regulation (EC) No. 318/2007 .
.
7
In regulation 18, for paragraph (3), substitute —
3
In relation to a captive bird, the importer or his agent shall at the expense of the importer ensure that —
a
the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility in accordance with Article 7 of Commission Regulation (EC) No. 318/2007 (which provides for the direct transport of birds to approved quarantine facilities or centres); and
b
the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Article 11(1) of Commission Regulation (EC) No. 318/2007 (which requires birds to be quarantined for at least 30 days).
.
8
For regulation 19, substitute —
Quarantine of captive birds
19
1
No person may operate a quarantine centre or quarantine facility for the quarantine of captive birds pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 unless the quarantine centre or quarantine facility has been approved by the Secretary of State.
2
Schedule 8 (quarantine of captive birds) has effect.
3
A quarantine manager shall —
a
ensure that the quarantine centre or quarantine facility is maintained and operated in accordance with —
i
the minimum conditions in Chapter 1 of Annex IV to Commission Regulation (EC) No. 318/2007 (requirements as to construction and equipment);
ii
paragraph (1)(a) and (c) of Chapter 2 of that Annex (management requirements); and
iii
any other conditions attached to an approval granted under this regulation;
b
provide such information to the Secretary of State as the latter may request to enable him to comply with Article 17(2) of Commission Regulation (EC) No. 318/2007 (requiring annual reports from member States to the European Commission as to the number of imported birds, mortality rates and confirmed cases of disease);
c
provide such assistance to any veterinary inspector carrying out the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 as that veterinary inspector may reasonably require.
4
In relation to any consignment of captive birds placed in quarantine pursuant to Article 11(1) of Commission Regulation (EC) No. 318/2007 , the quarantine manager shall —
a
ensure compliance with the following Articles of that Commission Regulation —
i
10(1)(b) (requiring notification of the arrival of a consignment at the quarantine centre or quarantine facility);
ii
11(1);
iii
12(2) and (3) (imposing requirements in relation to the use of sentinel birds); and
iv
15 (requiring action where Chlamydophyla psittaci is suspected);
b
ensure there is surveillance of the captive birds during their quarantine which is adequate for the purposes of the Regulation, and consult with and seek the supervision of a veterinary inspector in respect of any analyses or treatments required under the Regulation;
c
ensure compliance with the management requirements in paragraphs 2 to 10, and 12 to 15 of Chapter 2 of Annex IV to the Regulation;
d
where any captive bird or sentinel bird dies during quarantine, make its carcase available to the veterinary inspector for examination in the official laboratory.
5
No person may —
a
contravene any requirement in paragraphs 4 to 6 of Chapter 2 of Annex IV to Commission Regulation (EC) No. 318/2007 ;
b
in relation to a captive bird or a sentinel bird which dies during quarantine, remove or dispose of its carcase during the quarantine of captive birds, unless he is authorised to do so by a veterinary inspector;
c
release captive birds in breach of Article 16 of Commission Regulation (EC) No. 318/2007 (requiring written authorisation by the official veterinarian for the release of birds from quarantine).
6
A person is unauthorised for the purpose of paragraph 4 of Chapter 2 of Annex IV to Commission Regulation (EC) No 318/2007 (which prohibits unauthorised persons from entering quarantine centres and quarantine facilities), unless, in relation to a quarantine centre or quarantine facility —
a
he is the quarantine manager;
b
he is a member of staff who enters with the authority of the quarantine manager;
c
he has been authorised to enter by the Secretary of State or by a veterinary inspector; or
d
he otherwise enters in fulfilment of a statutory function in relation to animal health, animal welfare or species conservation which he is appointed by the Secretary of State or by the local authority to perform.
7
In so far as not provided for under regulation 30, a veterinary inspector may, in relation to the quarantine of captive birds, —
a
enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation, or to assess whether it is appropriate to grant such an approval;
b
inspect and arrange for copies to be taken of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and
c
take samples and carry out official veterinary supervision.
8
A veterinary inspector exercising powers under this regulation shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.
9
For the purposes of sampling and testing required under or in connection with Commission Regulation (EC) No. 318/2007 , the Veterinary Laboratories Agency (an executive agency of Defra) is the official laboratory.
10
In this regulation and Schedule 8 —
a
“official veterinary supervision” means the functions of the official veterinarian under Commission Regulation (EC) No. 318/2007 in relation to a consignment of captive birds to which Article 11(1) of that Commission Regulation applies;
b
“quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required pursuant to Article 11 of Commission Regulation (EC) No. 318/2007 ;
c
references to sampling and the taking of samples are to the taking of samples required under that Commission Regulation, or which are taken for purposes of reaching a suspected or confirmed diagnosis of Chlamydophyla psittaci .
.
9
In regulation 21, for paragraphs (2) and (3), substitute —
2
A veterinary inspector —
a
shall take or require to be taken, the action required under Article 13(1) and (2) of Commission Regulation (EC) No. 318/2007 in relation to avian influenza or Newcastle disease suspected at a quarantine centre or quarantine facility where captive birds are quarantined, imposing such restrictions as are required by that Article;
b
shall, where the Secretary of State grants a derogation provided for in Article 14 of that Commission Regulation (relating to findings of low pathogenic avian influenza or Newcastle disease), take or require to be taken such further measures and impose such restrictions as are required under Article 14;
c
who requires action to be taken by, or imposes restrictions upon, a quarantine manager or other person under this paragraph, shall do so by serving notice specifying the action or restrictions to be taken or observed.
3
In the event of non-compliance by a quarantine manager with Article 15 of Commission Regulation (EC) No. 318/2007 (requiring treatment of birds suspected of infection with Chlamydophyla psittaci ) , a veterinary inspector may treat the captive birds concerned, or cause them to be treated, as required by Article 15, and shall serve notice extending the period of quarantine required under Commission Regulation (EC) No. 318/2007 .
.
10
For regulation 31, substitute —
Recovery of expenses and determination of charges
31
1
The consignor, his representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to that animal or animal product.
2
In relation to any activity undertaken by an inspector for which a charge may be made at the inspector rate —
a
the Secretary of State shall determine a rate which represents the reasonable costs and expenses incurred in employing an inspector to undertake that activity during any given unit of time;
b
the Secretary of State shall publish the current inspector rate on the Defra website;
c
time charged at the inspector rate shall be charged in units of no more than half an hour.
.
11
In regulation 34, for paragraph (2), substitute —
2
The provisions referred to in paragraph (1) are those contained in —
a
regulation 5(8);
b
paragraph 6 of Part I of Schedule 4;
c
paragraphs 2 and 7 of Part I of Schedule 5;
d
paragraphs 7(7), 8(5) and 9(3) of Part II of Schedule 8.
.
12
For regulation 35, substitute —
Disapplication of provisions
35
To the extent specified in column 3 of the table in Schedule 9, and subject to paragraph (1), the provisions of the legislation listed in Schedule 9 shall not apply to —
a
imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies; or
b
imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.
.
13
In Part I of Schedule 3, after paragraph 10, insert —
Circuses and animal acts
10A
Commission Regulation (EC) No. 1739/2005 laying down animal health requirements for the movement of circuses between member States.
Relevant provisions in that instrument : Articles 8(2), 9 and 10(1) and (3).
.
14
1
Schedule 5 is amended as follows.
2
For Part I, substitute —
PART I APPROVAL
1
The Secretary of State may approve any laboratory that he considers to be suitable for the purposes of carrying out Mycoplasma or Salmonella testing under the Poultry Health Scheme.
2
The operator of a laboratory approved under paragraph 1 shall pay the annual approval fee each year.
3
The annual approval fee is the fee provided for in Part II.
4
An inspector shall carry out inspections and quality assurance testing as the Secretary of State considers necessary.
5
In so far as such costs have not been taken into account in determining the annual approval fee, the Secretary of State may make a charge at the inspector rate for an inspector’s time in carrying out inspections at laboratories.
6
The Secretary of State —
a
may charge a fee for the provision of samples for quality assurance testing for the purposes of —
i
assessing an application for an approval under this Schedule;
ii
assessing whether an approved laboratory remains suitable for approval (in so far as such costs have not been taken into account in determining the annual approval fee); and
iii
assessing whether suspension of such an approval should be lifted; and
b
shall publish on the Defra website the current fees which may be charged under this paragraph.
7
A fee charged under paragraphs 4, 5 or 6 shall be paid by the operator of the laboratory concerned and payment shall be due upon written demand.
.
3
In Part II, for paragraph 1, substitute —
1
The Secretary of State —
a
shall determine the annual approval fee on the basis of the cost attributable to each laboratory of the items listed in paragraph 3;
b
may determine different annual approval fees depending on whether the approval relates to:
i
bacteriological testing for Mycoplasma only;
ii
serological testing for Mycoplasma only;
iii
bacteriological testing for Salmonella only;
iv
serological testing for Salmonella only; or
v
a combination of (i) to (iv); and
c
shall publish the current annual approval fee or fees on the Defra website.
.
15
1
Schedule 7 is amended as follows.
2
In Part I, for paragraph 3, substitute —
Captive Birds
3
Commission Regulation (EC) No. 318/2007 , as read with Commission Decision 2006/696/EC laying down a list of third countries from which poultry, hatching eggs, day-old chicks, meat of poultry, ratites and wild game-birds, eggs and egg products and specified pathogen-free eggs may be imported into and transit through the Community and the applicable veterinary certification conditions, and amending Decisions 93/342/ EEC , 2000/585/EC and 2003/812/EC .
.
3
In Part II, for paragraph 6, substitute —
Captive Birds
6
Instrument : Commission Regulation (EC) No. 318/2007 , as read with Council Directive 92/65/EEC .
Relevant provisions in that instrument : Articles 4, 5 and 8.
.
16
For Schedule 8, substitute the Schedule to these Regulations.
17
For the text in the third column of the fifth entry in Schedule 9, substitute —
Articles 4 to 7, 9(3) to (6), 10 to 12 except that article 4 shall continue to apply to all birds (including domestic fowl) and their hatching eggs other than —
those subject to the provisions of Council Directive 90/539/EEC (excluding domestic fowl),
those birds and their hatching eggs traded within the Community which are subject to the provisions of Council Directive 92/65; and
captive birds whose import is provided for in Article 4 of Commission Regulation (EC) No. 318/2007 .
.
Revocation
18
The Animals and Animal Products (Import and Export) (England) (Imports of Captive Birds) Regulations 2007 are revoked.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
27th May 2007
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 4 and Transitional Provisions and Amendment) Order 2007.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006;
“ EA 1996 ” means the Education Act 1996 ; and
“ EA 2002 ” means the Education Act 2002 .
Provisions coming into force on 25th May 2007
2
Section 38 (1) of the Act comes into force in relation to England only on 25th May 2007 except in so far as it inserts section 21 (5) (a) and (b), (8) and (9) (b) of EA 2002.
3
Section 38 (2) of the Act comes into force in relation to England only on 25th May 2007.
Amendment of the Education and Inspections Act 2006 (Commencement No.3 and Transitional Provisions and Savings) Order 2007
4
In article 7(n) of the Education and Inspections Act 2006 (Commencement No.3 and Transitional Provisions and Savings) Order 2007 , omit “, 19”.
Transitional provisions and savings
5
Despite the coming into force of section 56 of the Act in relation to England on 25th May 2007, section 451(3) of EA 1996 continues to have effect, as if section 56 was not in force, in relation to tuition in playing a musical instrument provided before 1st September 2007.
Jim Knight
Minister of State
Department for Education and Skills
19th April 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export Control (North Korea) Order 2007 and shall come into force on 27th April 2007.
2
In this Order —
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 ;
“the 2004 Order ” means the Trade in Controlled Goods (Embargoed Destinations) Order 2004 ;
“ the Commissioners ” means the Commissioners for Her Majesty’s Revenue and Customs;
“a Community authorisation” means an authorisation granted under Article 5(3) of the Regulation ;
“the customs and excise Acts” and “assigned matter” have the same meanings as in section 1 of the 1979 Act;
“ North Korea ” means the Democratic People’s Republic of Korea;
“the Regulation” means Council Regulation (EC) No 329/2007 .
3
References in this Order to the Regulation are references to the Regulation as amended from time to time in accordance with the procedure set out in Article 13 of the Regulation.
Amendment of 2003 Order
2
1
In article 2(1) of the 2003 Order, after the definition of “normal commercial journey” insert —
“North Korea” means the Democratic People’s Republic of Korea;
.
2
In article 11(2), (6) and (9) of the 2003 Order, after “Iran” insert “or North Korea”.
Amendment of 2004 Order
3
In the Schedule to the 2004 Order, add the Democratic People’s Republic of Korea at the appropriate place to the list of embargoed destinations.
Offences related to contravention of the Regulation
4
1
A person who contravenes any of the following provisions of the Regulation, except by exporting goods, commits an offence —
a
Article 2(1)(a) (prohibition on sale etc. to North Korea of goods and technology which could contribute to weapons of mass destruction-related or ballistic missile-related programmes),
b
Article 2(3) (prohibition on purchase etc. from North Korea of goods and technology which could contribute to weapons of mass destruction-related or ballistic missile-related programmes),
c
Article 3(1)(a) (prohibition on provision to North Korea of technical assistance related to military equipment and other sensitive goods),
d
Article 3(1)(b) (prohibition on provision to North Korea of financing or financial assistance related to military equipment and other sensitive goods), or
e
Article 4(a) (prohibition on sale etc. to North Korea of luxury goods).
2
A person who is knowingly concerned in an activity prohibited by Article 2(1)(a) of the Regulation, other than the exportation of goods in contravention of that Article, with intent to evade the prohibition in that Article commits an offence and may be arrested.
3
A person who is knowingly concerned in an activity prohibited by Article 2(3), 3(1)(a), 3(1)(b) or 4(a) of the Regulation, other than —
a
the importation of goods in contravention of Article 2(3), or
b
the exportation of goods in contravention of Article 4(a),
with intent to evade the prohibition in that Article commits an offence and may be arrested.
4
A person who contravenes Article 2(1)(b) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 2(1)(a)) of the Regulation commits an offence and may be arrested.
5
A person who contravenes —
a
Article 3(1)(c) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 3(1)(a) or (b)), or
b
Article 4(b) (prohibition on participation, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibition in Article 4(a))
of the Regulation commits an offence and may be arrested.
Offences related to Community authorisations
5
1
If, for the purpose of obtaining a Community authorisation, a person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
that person commits an offence; and any Community authorisation granted in connection with the application for which the false statement was made or the false document or information furnished shall be void from the time it was granted.
2
A person who, having acted under the authority of a Community authorisation, fails to comply with any of the requirements or conditions to which the Community authorisation is subject commits an offence, unless —
a
the Community authorisation was modified after the completion of the act authorised; and
b
the alleged failure to comply would not have been a failure had the Community authorisation not been so modified.
Penalties
6
1
A person guilty of an offence under article 4(1) of this Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Subject to paragraphs (3) and (4), a person guilty of an offence under article 4(2) or (4) of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine (or both);
b
on summary conviction —
i
in England and Wales, to imprisonment for a term not exceeding twelve months or to a fine not exceeding the statutory maximum (or both);
ii
in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum (or both).
3
In relation to an offence that is not committed in the United Kingdom or by a United Kingdom person —
a
for “ten years” in paragraph (2)(a) substitute “two years”; and
b
for paragraph (2)(b) substitute —
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
.
4
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 , for “twelve months” in paragraph (2)(b)(i) substitute “six months”.
5
A person guilty of an offence under article 4(3) or (5) or 5 of this Order is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both);
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum (or both).
6
In the case of an offence committed in connection with a prohibition in Article 2(1)(a) of the Regulation, sections 68(3)(b) and 170(3)(b) of the 1979 Act shall have effect as if for the words “7 years” there were substituted the words “10 years”.
Application of the 1979 Act
7
1
Where the Commissioners investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter.
2
Section 77A of the 1979 Act (provision as to information powers) shall apply to a person concerned in an activity which, if not authorised under Article 5 of the Regulation, would contravene Article 2, 3 or 4 of the Regulation and accordingly references in section 77A of the 1979 Act to exportation shall be read as including any such activity.
3
Section 138 of the 1979 Act (provision as to arrest of persons) shall apply to the arrest of a person for an offence under this Order as it applies to the arrest of a person for an offence under the customs and excise Acts.
4
Sections 145 , 146 , 146A , 147 , 148, 150 , 151 , 152 , 154 , and 155 of the 1979 Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under this Order as they apply in relation to offences and penalties under the customs and excise Acts.
Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
25th April 2007


text:
Title, application commencement
1
These Regulations may be cited as the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007; they apply in England, and come into force on 6th April 2007.
Prescribed ranges of fixed penalties
2
1
The amount of a fixed penalty capable of being specified by —
a
a principal litter authority under section 88(6A)(a) of the Environmental Protection Act 1990 ;
b
a principal litter authority under paragraph 7(4)(a) of Schedule 3A to the Environmental Protection Act 1990 ;
c
a relevant local authority under section 43A(1)(a) of the Anti-social Behaviour Act 2003;
d
a primary authority or a secondary authority under section 60(1)(a) of the Clean Neighbourhoods and Environment Act 2005 in relation to any dog control order made by that authority;
e
a local authority under section 74(2)(a) of the Clean Neighbourhoods and Environment Act 2005,
is not less than £50 and not more than £80.
2
The amount of a fixed penalty capable of being specified by —
a
a waste collection authority under section 47ZB(2)(a) of the Environmental Protection Act 1990;
b
a principal litter authority under section 94A(4)(a) of the Environmental Protection Act 1990 ;
c
a local authority under section 8A(2)(a) of the Noise Act 1996,
is not less than £75 and not more than £110.
3
An authority may specify a different amount for each of the provisions in this regulation.
Lesser amounts of fixed penalties
3
1
Where —
a
a litter authority acting under section 88(7) of the Environmental Protection Act 1990 ;
b
a principal litter authority acting under paragraph 7(5) of Schedule 3A to the Environmental Protection Act 1990;
c
a local authority acting under section 43A(3) of the Anti-social Behaviour Act 2003;
d
a primary authority or a secondary authority acting under section 60(3) of the Clean Neighbourhoods and Environment Act 2005;
e
a local authority acting under section 74(3) of the Clean Neighbourhoods and Environment Act 2005,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £50.
2
Where —
a
a waste collection authority acting under section 47ZB(3) of the Environmental Protection Act 1990;
b
a principal litter authority acting under section 94A(5) of the Environmental Protection Act 1990;
c
a local authority acting under section 8A(3) of the Noise Act 1996;
d
a local authority acting under section 6(10) of the Clean Neighbourhoods and Environment Act 2005,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £60.
3
Where a local authority acting under section 2A(10) of the Refuse Disposal (Amenity) Act 1978 makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £120.
4
Where —
a
a regulation authority acting under section 5B(11) of the Control of Pollution (Amendment) Act 1989;
b
an enforcement authority acting under section 34A(11) of the Environmental Protection Act 1990,
makes provision for treating a fixed penalty as having been paid if a lesser amount is paid before the end of a period specified by that authority, such lesser amount shall be not less than £180.
5
An authority may specify a different amount for each of the provisions in this regulation.
Use of fixed penalty receipts: specification of functions
4
1
Where, and for as long as, any authority of a type described in paragraph (2) is categorised as “excellent”, “good” “4 stars”, “3 stars” or “2 stars” in a categorisation Order , any functions of that authority (in addition to those already specified in the section referred to in the relevant description) are hereby specified as functions or, in the case of an authority of a type described in paragraph (2)(d) or (f), as “qualifying functions”, of the authority for the purposes of which it may use its fixed penalty receipts.
2
The types of authority are —
a
a local authority to which section 2C of the Refuse Disposal (Amenity) Act 1978 applies;
b
a waste collection authority to which section 5C of the Control of Pollution (Amendment) Act 1989 applies;
c
a waste collection authority to which section 73A of the Environmental Protection Act 1990 applies;
d
a local authority to which section 9(4), as read with section 9(4A), of the Noise Act 1996 applies;
e
a local authority to which section 8 of the Clean Neighbourhoods and Environment Act 2005 applies;
f
a local authority to which section 75 of the Clean Neighbourhoods and Environment Act 2005 applies.
3
In this regulation and in regulation 5 a “categorisation Order” means an Order made by the Secretary of State under section 99(4) of the Local Government Act 2003.
Use of fixed penalty receipts: transitional arrangement
5
If any authority of a type described in regulation 4(2) ceases to be categorised as “excellent”, “good, “4 stars”, “3 stars” or “2 stars” in a categorisation Order, regulation 4(1) will continue to apply for a period of one year from the date on which that cessation comes into effect as though that authority were still categorised as “excellent”, “good”, “4 stars”, “3 stars” or “2 stars”.
Condition to be satisfied by a person before he may issue certain fixed penalty notices
6
1
No person shall be an authorised officer of a parish council, or in relation to the provision listed in sub-paragraph (c) of another person or body designated under section 58(3) of the Clean Neighbourhoods and Environment Act 2005 as a secondary authority for the purposes of Chapter 1 of Part 6 of that Act, for the purpose of giving notices under —
a
section 88 of the Environmental Protection Act 1990;
b
section 43(1) of the Anti-social Behaviour Act 2003;
c
section 59 of the Clean Neighbourhoods and Environment Act 2005,
unless he has successfully completed an approved course of training provided by a recognised training provider.
2
For the purposes of this regulation —
a
an approved course of training is one approved by the Secretary of State as being suitable for equipping a person who successfully completes it for the purpose of issuing notices under one or more of the provisions listed in paragraph (1);
b
a recognised training provider is one recognised by the Secretary of State as providing an approved course of training.
3
The Secretary of State shall publish a list of —
a
the courses approved, and
b
the training providers recognised,
by him in accordance with paragraph (2).
Revocation
7
The Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 are revoked.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
28th January 2007


text:
Citation and commencement
1
This Order may be cited as the Official Secrets Act 1989 (Prescription) (Amendment) Order 2007 and shall come into force on the expiry of one month beginning with the day on which it is made.
Amendments to the Official Secrets Act 1989 (Prescription) Order 1990
2
1
The Official Secrets Act 1989 (Prescription) Order 1990 (“ the Order ”) shall be amended as follows.
2
In article 2, after “bodies”, in the first place at which the word occurs, insert “or classes of bodies”.
3
After article 2 insert —
2A
In Schedule 1, “subsidiary” has the same meaning as in the Companies Act 1985 .
4
At the end of Schedule 1 to the Order, insert —
The Nuclear Decommissioning Authority
The members and employees of the Authority
Any subsidiary of the Nuclear Decommissioning Authority
The employees of the subsidiary
The Board of any subsidiary of the Nuclear Decommissioning Authority
The members of the Board
The Independent Police Complaints Commission
The members and employees of the Commission
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
19th July 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 4) Order 2007.
2
In this Order, the “ 2006 Act ” means the Violent Crime Reduction Act 2006.
Commencement
2
Section 41 (increase of maximum sentence for possessing an imitation firearm) of the 2006 Act shall come into force on 1st October 2007.
3
The following provisions of the 2006 Act shall come into force on 1st October 2007 to the extent not already in force —
a
section 51 (corresponding provision for Northern Ireland) in so far as it relates to the entry in Schedule 2 (weapons etc. : corresponding provisions for Northern Ireland) referred to in sub-paragraph (b);
b
in Schedule 2, paragraph 9;
c
section 65 (repeals) in so far as it relates to the entries in Schedule 5 (repeals) referred to in sub-paragraph (d); and
d
in Schedule 5 (repeals), the entries relating to the Criminal Justice and Public Order Act 1994 .
Tony McNulty
Minister of State
Home Office
29th August 2007


text:
PART 1 GENERAL
Citation and commencement
1
1
These Regulations may be cited as the European Grouping of Territorial Cooperation Regulations 2007.
2
These Regulations come into force on 1st August 2007.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Act ” means the Insolvency Act 1986 ;
“the 1989 Order ” means the Insolvency (Northern Ireland) Order 1989 ;
“the EC Regulation ” means Regulation (EC) No 1082/2006 of the European Parliament and of the Council on a European grouping of territorial cooperation ;
“ EGTC ” means a European grouping of territorial cooperation formed under the EC Regulation;
“the Insolvency Rules ” means in the case of a UK EGTC with its registered office in England and Wales the Insolvency Rules 1986 , in the case of a UK EGTC with its registered office in Scotland the Insolvency (Scotland) Rules 1986 , or in the case of a UK EGTC with its registered office in Northern Ireland the Insolvency Rules (Northern Ireland) 1991 ;
“UK EGTC” means an EGTC which has its registered office in the United Kingdom.
2
In any provision of an enactment applied to a UK EGTC by virtue of these Regulations —
“articles” means the statutes of a UK EGTC;
“board of directors” means the assembly of a UK EGTC, and all the directors of a UK EGTC if more than one, and if only one, the director of a UK EGTC ;
“company” means a UK EGTC;
“director” or “past director” of a company means a director or former director of a UK EGTC, a member or former member of the assembly of a UK EGTC or any other person who has or has had control of management of a UK EGTC’s business;
“officer” means a director or a member of the assembly of a UK EGTC, or a member of any other organ of a UK EGTC provided for in its statutes;
“registered office” means the office specified in the convention of an EGTC to be its registered office;
“ordinary resolution”, “written resolution” and “general meeting” mean the procedures of a UK EGTC set out in its statutes which most closely correspond to those things as provided for in the 1985 Act,
and other expressions used in these Regulations and defined by section 744 of the 1985 Act or, in relation to insolvency, by the 1986 Act or the 1989 Order have the meanings assigned to them by those provisions.
PART 2 PROVISIONS RELATING TO ARTICLES 4, 5, 11, 12, 13 and 14 OF THE EC REGULATION
Establishment of an EGTC (Article 4(3) of the EC Regulation)
3
A body falling within one of the categories set out in Article 3(1) of the EC Regulation which by virtue of any enactment is restricted in its ability to be a member of a company shall be restricted to the same extent in its ability to be a member of an EGTC.
Acquisition of legal personality (Article 5(1) of the EC Regulation)
4
1
For the purposes of Article 5(1) of the EC Regulation the statutes referred to in article 9 of the EC Regulation shall be published —
a
in the case of a UK EGTC with a registered office in England and Wales, in the London Gazette;
b
in the case of a UK EGTC with a registered office in Scotland, in the Edinburgh Gazette;
c
in the case of a UK EGTC with a registered office in Northern Ireland, in the Belfast Gazette.
2
This regulation is subject to regulation 8.
Competent authority and court (Articles 4(4), 13(1) and 14(1) of the EC Regulation)
5
1
The Secretary of State shall be the competent authority for the purpose of receiving the notifications and documents under article 4(2) of the EC Regulation.
2
The Secretary of State shall be the competent body for the purpose of prohibiting under article 13 of the EC Regulation any activity carried on in the United Kingdom by an EGTC where such an activity is in contravention of any enactment or rule of law providing for public policy, public security, public health or public morality, or in contravention of the public interest of the United Kingdom.
3
The High Court (in Scotland, the Court of Session) shall be the competent court for the purpose of ordering the winding up of a UK EGTC under article 14(1).
Budget (Article 11 of the EC Regulation)
6
1
Subject to paragraph (2) a UK EGTC shall comply with Part 7 of the Companies Act 1985 (accounts and audit), as modified by Part 1 of the Schedule to these Regulations, as if it were a company which qualifies as a small company under section 247 of that Act and is not an ineligible company under section 247A.
2
A UK EGTC does not have to comply with the requirements in Part 7 to deliver accounts and reports to the registrar.
3
A UK EGTC shall —
a
make its latest accounts available for inspection at its registered office by any person, without charge and during business hours;
b
supply a copy of those accounts to any person on request at a price not exceeding the administrative cost of making and supplying the copy.
4
The members of a UK EGTC shall appoint an auditor in accordance with the decision-making procedures contained in the statutes of that UK EGTC.
5
The auditor of a UK EGTC must be a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 and who is not ineligible by virtue of section 27 of that Act.
Insolvency and winding up (Article 12(1) of the EC Regulation)
7
A UK EGTC shall be wound up as an unregistered company under Part 5 of the 1986 Act, or in the case of a UK EGTC with a registered office in Northern Ireland, under Part 6 of the 1989 Order, and the provisions of —
a
that Act (or in the case of Northern Ireland, that Order), and
b
the Insolvency Rules,
shall apply to that UK EGTC with the modifications set out in Parts 2 and 3 of the Schedule to these Regulations.
PART 3 EXERCISE OF MEMBER STATE OPTIONS UNDER THE EC REGULATION
Prohibition of members with limited liability (Article 12(2) of the EC Regulation)
8
A UK EGTC may not be formed with a member which has limited liability.
PART 4 SUPPLEMENTAL PROVISIONS RELATING TO THE EFFECTIVE APPLICATION OF THE EC REGULATION
Application of the Company Directors Disqualification Act 1986
9
Where a UK EGTC is wound up as an unregistered company under Part 5 of the 1986 Act, or in the case of a UK EGTC with a registered office in Northern Ireland, under Part 6 of the 1989 Order, the provisions of the Company Directors Disqualification Act 1986 (“the 1986 Act”), or in the case of Northern Ireland, the Company Directors Disqualification (Northern Ireland) Order 2002 , shall apply to a UK EGTC as if it were a company as defined by section 22(2)(b) of that Act, or as the case may be, by article 2(2) of that Order.
Penalties
10
Where an enactment referred to in regulation 6, 7 or 9 provides a penalty for an offence which would exceed the limit in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972, the limit in that paragraph shall apply to that penalty.
Stephen Timms
Minister of State for Competitiveness and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
9th July 2007


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 and shall come into force on 23rd February 2008.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Merchant Shipping Act 1995;
“daily exposure” means the quantity of mechanical vibration to which a worker is exposed during a working day, which takes account of the magnitude and duration of the vibration;
“employer” means a person by whom a worker is employed on a ship under a contract of employment;
“exposure action value” means the level of daily exposure for any worker which, if exceeded, requires specified action to be taken to reduce the risk;
“exposure limit value” means the level of daily exposure for any worker which must not be exceeded, save as set out in regulation 12;
“ General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“Government ship” has the meaning given in section 308(4) of the Act;
“hand-arm vibration” means mechanical vibration which is transmitted into the hands during a work activity;
“health and safety” includes the occupational health and safety of persons whilst on board a ship and whilst boarding or leaving the ship;
“health surveillance” means assessment of the state of health of a worker as related to exposure to mechanical vibration which is intended to prevent and diagnose rapidly any disorder linked with exposure to mechanical vibration;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“mechanical vibration” means vibration occurring in a piece of machinery or equipment, or in a ship as a result of its operation;
“Merchant Shipping Notice” means a Notice described as such and issued by the MCA;
“the Provision and Use of Work Equipment Regulations ” means the Merchant Shipping and Fishing Vessels (Provision and Use of Work Equipment) Regulations 2006 ;
“the risk assessment” means, except where the context otherwise requires, a risk assessment carried out in compliance with regulation 6 of these Regulations;
“surveyor of ships” has the meaning given by section 256(9) of the Act;
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act; or
is a Government ship; or
is a hovercraft registered under the Hovercraft Act 1968;
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom; and
“whole-body vibration” means mechanical vibration which is transmitted into the body, when seated or standing, through the supporting surface, during a work activity.
2
In these Regulations, any reference to an ISO standard includes a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
Meaning of “worker”
3
1
In these Regulations, “worker” means any person employed under a contract of employment, including a trainee or apprentice other than a person who is training in a vessel which is being used —
a
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
b
to provide instruction in navigation and seamanship for yachtsmen,
and which is operating under a relevant code.
2
In paragraph (1), “relevant code” means —
a
the Large Commercial Yacht Code as set out in Merchant Shipping Notice No. 1792(M), issued by the MCA;
b
the Code of Practice for the Safety of Small Commercial Sailing Vessels ;
c
the Code of Practice for the Safety of Small Commercial Motor Vessels ; or
d
the Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point .
3
In paragraph (2), each reference to a Code includes a reference to any document containing an amendment or replacement of that Code which is considered by the Secretary of State to be relevant from time to time.
Application
4
1
Without prejudice to regulation 5 of the General Duties Regulations and subject to paragraphs (2) to (6) , these Regulations apply in relation to United Kingdom ships.
2
Where —
a
a ship is being used in the course of public service activities or activities for the purpose of civil protection services; and
b
characteristics peculiar to those activities inevitably conflict with a provision of these Regulations,
that provision does not apply in relation to that ship to the extent of that conflict.
3
To the extent that a provision of these Regulations does not apply in relation to a ship because of paragraph (2) there is in relation to that ship a duty on the employer to ensure, so far as is reasonably practicable, the health and safety of workers who are or who are likely to be exposed to risks from mechanical vibration as a result of their work.
4
The provisions of the General Duties Regulations and the Provision and Use of Work Equipment Regulations continue to apply to activities to which these Regulations apply; where these Regulations contain more stringent or specific provisions then such provisions apply.
5
This regulation (other than paragraph (1)) and regulations 17 and 19 apply in relation to ships which are not United Kingdom ships, when they are in United Kingdom waters.
6
These Regulations do not apply to activities to which the Control of Vibration at Work Regulations 2005 or the Control of Vibration at Work (Northern Ireland) Regulations 2005 apply.
7
In paragraph (2) —
“civil protection services” includes the fire and rescue and ambulance services and search and rescue services provided by any other person;
“public service activities” includes the activities of the armed forces, HM Coastguard, HM Revenue and Customs, immigration officers, police, prison officers and the security and intelligence services.
Exposure limit values and exposure action values
5
1
For hand-arm vibration —
a
the daily exposure limit value standardised to an eight hour reference period is 5 m/s 2 ; and
b
the daily exposure action value standardised to an eight hour reference period is 2.5 m/s 2 .
2
For whole body vibration —
a
the daily exposure limit value standardised to an eight hour reference period is 1.15 m/s 2 ; and
b
the daily exposure action value standardised to an eight hour reference period is 0.5 m/s 2 .
3
Daily exposure shall be ascertained in accordance with the Schedule.
Assessment of risks
6
1
The employer shall assess the level of mechanical vibration to which workers are exposed as part of the risk assessment required by regulation 7 of the General Duties Regulations.
2
Where the employer concludes that the nature and extent of any risks related to mechanical vibration to which workers are exposed are such that a detailed risk assessment is not necessary, the risk assessment shall explain the reasons for such a conclusion.
3
The risk assessment shall be based on —
a
observation of specific working practices;
b
information provided by the manufacturer of the equipment and any other relevant information on the probable magnitude of vibration in the particular conditions of use; and
c
if necessary, measurement of level of mechanical vibration to which workers are likely to be exposed in accordance with paragraph 5 of the Schedule.
4
Without prejudice to the generality of regulation 7 of the General Duties Regulations, in carrying out the risk assessment the employer shall consider —
a
the level, type and duration of exposure, including any exposure to intermittent vibration or repeated shocks;
b
the exposure limit values and the exposure action values in regulation 5 ;
c
the health and safety of workers who may be particularly sensitive to mechanical vibration;
d
any indirect effect on worker safety which may be caused by interaction between equipment subject to mechanical vibration and the workplace or other work equipment;
e
information provided by the manufacturers of work equipment;
f
the existence of replacement equipment designed to reduce exposure to vibration;
g
the extension of exposure to whole body vibration beyond normal working hours;
h
the effect of specific working conditions, such as low temperatures; and
i
appropriate information obtained from health surveillance, including published information, so far as possible.
5
The employer shall ensure that the risk assessment —
a
is planned and carried out by the persons appointed in accordance with regulation 14 of the General Duties Regulations;
b
records —
i
the significant findings of the risk assessment as soon as practicable after the risk assessment is made or changed; and
ii
the measures the employer has taken or intends to take to comply with regulations 7 and 8 of these Regulations;
so as to permit consultation as required by these Regulations;
c
is reviewed —
i
at suitable intervals;
ii
if there are any significant changes in working condition which affect its validity; or
iii
if the results of a health surveillance indicate that a further risk assessment is necessary; and
d
is retained by him.
Elimination or control of exposure to vibration in the workplace
7
1
The employer shall ensure that the risks arising from exposure to mechanical vibration which are identified by the risk assessment are either —
a
eliminated at their source; or
b
reduced to a level which is as low as is reasonably practicable,
having regard to the principles in regulation 5 of the General Duties Regulations.
2
Where it is not reasonably practicable to eliminate risk at source pursuant to paragraph (1) and an exposure action value is likely to be exceeded, the employer shall reduce exposure to as low as is reasonably practicable under paragraph (1) by establishing and implementing a programme of organisational and technical measures appropriate to the activity, which may in particular include —
a
implementing alternative working methods that require less exposure to vibration;
b
use of appropriate work equipment of appropriate ergonomic design which, taking account of the work to be done, produces the least possible vibration;
c
providing equipment which reduces the risk of injuries caused by vibration;
d
implementing appropriate maintenance programmes for work equipment, the workplace and workplace systems;
e
altering the design and layout of workplaces and work stations;
f
providing adequate information and training to workers to ensure that work equipment is used correctly and safely in order to reduce exposure to mechanical vibration to as low as is reasonably practicable.
g
imposing limits on the duration and intensity of exposure to mechanical vibration;
h
altering work schedules and rest periods;
i
providing clothing to protect exposed workers from cold and damp; and
j
providing personal protective equipment against hand-arm vibration.
3
The employer shall take into account the results of any health surveillance required by regulation 9 in applying the organisational and technical measures required by this regulation.
4
Subject to regulation 12 , the employer shall ensure that workers are not exposed to mechanical vibration exceeding the daily exposure limit value specified in regulation 5(1)(a) or 5(2)(a) .
5
Subject to regulation 12 , following implementation of the organisational and technical measures taken in accordance with paragraph (2) the employer shall assess the effectiveness of such measures and if the daily exposure limit value is exceeded shall —
a
identify the reasons why the limit has been exceeded;
b
take such action as is necessary to reduce exposure to vibration below the exposure limit value; and
c
amend the measures taken in accordance with paragraph (2) to ensure that the limit is not exceeded again.
6
Except in an emergency, vibration in accommodation and rest spaces shall be reduced to a level compatible with their purpose and use.
7
The employer shall adapt measures which are taken in accordance with this regulation to workers who are particularly sensitive to vibration.
8
Paragraphs (4) and (5) shall not apply until 6 July 2010 where work equipment is used which —
a
was first provided to workers prior to 6 July 2007; and
b
despite the latest technical advances and organisational measures does not permit compliance with the exposure limit values;
but in such case, the employer shall take such measures provided for in these Regulations so as to limit the exposure to mechanical vibration so far as reasonably practicable.
Worker information and training
8
1
If —
a
the risk assessment indicates that there is a risk to the health of workers who are, or who are liable to be, exposed to vibration; or
b
workers are exposed to the risk of mechanical vibration in excess of an exposure action value;
the employer shall provide those workers and their representatives with suitable and sufficient information, instruction and training.
2
Information, instruction and training provided in accordance with paragraph (1) shall include —
a
details of the measures taken in order to eliminate or reduce to as low as reasonably practicable the risks from mechanical vibration;
b
the exposure limit values and the exposure action values;
c
the results of the risk assessment carried out in accordance with regulation 6 ;
d
the circumstances in which workers are entitled to health surveillance under these Regulations;
e
the potential injuries which may arise from the work equipment in use;
f
safe working practices to minimise exposure to mechanical vibration;
g
how to detect and report signs of injury; and
h
the importance of detecting and reporting signs of injury.
Health surveillance
9
1
If —
a
the risk assessment indicates that there is a risk to the health of workers who are, or are likely to be, exposed to mechanical vibration; or
b
workers are likely to be exposed to vibration in excess of an exposure action value,
the workers shall be entitled to health surveillance provided by the employer where such health surveillance is appropriate in accordance with paragraph (2).
2
Health surveillance shall be appropriate where —
a
a link can be established between such exposure and an identifiable illness or harmful effects on health;
b
it is probable that the illness or the effects occur in the worker’s particular working conditions; and
c
there are established techniques for detecting the illness or the harmful effects on health.
3
Where, as a result of health surveillance a worker is found to have an identifiable disease or adverse health effect which is considered by a doctor or an occupational health professional to be the result of exposure to mechanical vibration at work the employer shall —
a
ensure that the worker is informed by a doctor or other suitably qualified person of the result of the health surveillance and provided with information and advice regarding any health surveillance which he should undergo following the end of exposure;
b
ensure that he is informed himself of any significant findings, taking into account any medical confidentiality;
c
review the risk assessment concerned;
d
review the measures taken to comply with regulation 7 , taking into account any advice given by a doctor, occupational health professional or the MCA;
e
consider assigning the worker to alternative work where there is no risk of further exposure to mechanical vibration, when advised to do so by a doctor or an occupational health care professional;
f
arrange for the continued health surveillance of the worker;
g
review the health surveillance of any other workers who have been similarly exposed, including, if recommended by a doctor or occupational health professional, arranging a medical examination for such workers.
4
The employer shall ensure that a health record is made and maintained in respect of each worker who undergoes health surveillance in accordance with these Regulations, the record being in a suitable form and containing a summary of the results of the health surveillance carried out.
5
The employer shall —
a
on reasonable notice being given, allow a worker access to his personal health records;
b
keep the health records available in a suitable form;
c
at the request of a worker, make the health records available to any person specified by the worker; and
d
provide the Secretary of State with such copies of the health records as the Secretary of State may require.
6
The employer shall pay the costs of health surveillance carried out in order to comply with this regulation.
Consultation with workers
10
In consulting with workers in accordance with regulation 20 of the General Duties Regulations, workers or their representatives shall be consulted on —
a
the assessments, measurements and findings of the risk assessment in accordance with regulation 6 ;
b
measures taken to eliminate workplace vibration in accordance with regulation 7 ;
c
the provision of worker information instruction and training in accordance with regulation 8 ; and
d
the arrangements for health surveillance in accordance with regulation 9 .
Persons on whom duties are imposed
11
1
Where a person on whom a duty is imposed by any of the preceding provisions of these Regulations does not have control of the matter to which that provision relates because that person does not have responsibility for the operation of the ship, that duty also extends to any other person who has control of that matter.
2
It is the duty of every worker performing activities to which these Regulations apply to —
a
make full and proper use of all clothing and equipment with which he has been provided by the employer in pursuance of these Regulations; and
b
give effect to all instructions and training with which he has been provided under regulation 8 .
Exemptions
12
1
The Secretary of State may grant an exemption in respect of work on a particular ship from the requirement to comply with regulation 7(4) and (5) in relation to whole-body vibration where he is satisfied that the state of the art and the specific characteristics of the ship do not make it possible to comply with the whole body exposure limit value whatever technical and organisational measures are adopted.
2
If the conditions in paragraph (3) are satisfied, the Secretary of State may grant an exemption from the requirements of regulation 7(4) and (5) where a worker is exposed to mechanical vibration which is usually below the exposure action values referred to in regulation 5 but which varies significantly from time to time and may sometimes exceed the exposure action value.
3
The conditions referred to in paragraph (2) are that —
a
the exposure value averaged over 40 hours is less than the exposure limit value;
b
there is evidence to show that the risks from the pattern of exposure are lower than those from exposure at the exposure limit value;
c
the worker concerned is subject to health surveillance in accordance with regulation 9 ; and
d
the risk is reduced to as low as is reasonably practicable.
4
The Secretary of State may not grant an exemption under paragraphs (1) or (2) unless —
a
he has consulted with —
i
the employer or other person having control of the matter in question; and
ii
the workers concerned or their representatives;
b
the resulting risks are reduced to as low as is reasonably practicable; and
c
health surveillance has been increased to a level considered appropriate by the Secretary of State.
5
Any exemption granted under this regulation shall —
a
be in writing;
b
be valid for a maximum period of four years; and
c
be withdrawn as soon as the Secretary of State is satisfied that it is no longer justified.
Offences and penalties
13
1
A person who fails to comply with regulation 6, 7 or 9 is guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum, or
b
on conviction on indictment to imprisonment for a term not exceeding two years or a fine, (or both).
2
A person who fails to comply with regulation 10 is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
A person who fails to comply with regulation 8 or contravenes regulation 21 is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
A worker who fails to comply with regulation 11(2) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
5
Section 146(1) of the Act (enforcement of fines) applies to any fine imposed for an offence under paragraphs (1) to (3) of this regulation, as if the reference to proceedings against the owner or master of a ship for an offence under Chapter 2 were a reference to proceedings against any person for an offence under those paragraphs.
Offences by body corporate
14
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in such a capacity, he as well as the body corporate is guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership 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 partner, that partner as well as the partnership is guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
15
In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Detention of a United Kingdom ship
16
1
Where a surveyor of ships is satisfied that there is or has been a failure by an employer or other person referred to in regulation 11(1) to comply in relation to any United Kingdom ship with the preceding requirements of these Regulations, that ship is liable to be detained until a surveyor of ships is satisfied that those requirements are complied with.
2
A surveyor of ships may permit a ship which is liable to be detained under paragraph (1) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
3
A ship shall not be delayed or detained unreasonably under this regulation.
4
Where a ship is detained because in relation to it there has been a failure to comply with the requirements of these Regulations, and that failure has ceased, a person having power to detain the ship shall, at the request of the owner or master, immediately release the ship —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the ship is detained;
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted;
c
if either —
i
the sum of £30,000 is paid to the Secretary of State by way of security, or
ii
security which, in the opinion of the Secretary of State, is satisfactory and is for an amount not less than £30,000 is given to the Secretary of State,
by or on behalf of the employer or other person having control of the matter in question;
d
where the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, if any costs or expenses ordered to be paid by him, and any fine imposed on him, have been paid; or
e
the release is ordered by a court or tribunal referred to in article 292 of the United Nations Convention on the Law of the Sea 1982 , and any bond or other financial security ordered by such court or tribunal is posted.
5
The Secretary of State shall repay any sum paid in pursuance of paragraph (4)(c) or release any security so given —
a
if no proceedings for an offence arising from the failure in question are instituted within the period of seven days beginning with the day on which the sum is paid; or
b
if proceedings for an offence arising from the failure in question, having been instituted within that period, are concluded without the employer or other person having control of the matter in question being convicted.
6
Where a sum has been paid, or security has been given, by any person in pursuance of paragraph (4)(c) and the employer or other person having control of the matter in question is convicted of an offence arising from the failure in question, the sum so paid or the amount made available under the security shall be applied as follows —
a
first in payment of any costs or expenses ordered by the court to be paid by the employer or other person having control of the matter in question; and
b
next in payment of any fine imposed by the court;
and any balance shall be repaid to the first-mentioned person.
7
Section 145 of the Act (interpretation of section 144) applies for the purposes of paragraphs (4) to (6) as if –
a
references to the master or owner of the ship were references to the employer or other person having control of the matter in question; and
b
references to an offence under section 131 were references to an offence arising from the failure in question.
Inspection and other measures in respect of ships registered outside the United Kingdom
17
1
When a ship which is not a United Kingdom ship is in United Kingdom waters, a relevant inspector may inspect that ship to ascertain whether the standards required in relation to United Kingdom ships by these Regulations are met in relation to that ship.
2
Where a surveyor of ships is satisfied that the standards required in relation to United Kingdom ships by these Regulations are not met in relation to a ship which is not a United Kingdom ship but is in United Kingdom waters, that surveyor of ships may —
a
send a report to the government of the State whose flag the ship is entitled to fly, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health or safety, take such measures as are necessary to ensure those conditions are rectified.
3
A ship to which paragraph (2)(b) applies is liable to be detained until a surveyor of ships is satisfied that those conditions are rectified.
4
A surveyor of ships may permit a ship which is liable to be detained under paragraph (3) to proceed to sea for the purposes of proceeding to the nearest appropriate repair yard.
5
If any of the measures specified in paragraph (2)(b) or (3) are taken, the surveyor of ships shall immediately notify the nearest maritime, consular or diplomatic representative of the State whose flag the ship is entitled to fly.
6
A ship shall not in the exercise of the power under this regulation be delayed or detained unreasonably.
7
In paragraph (1) , “relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act .
Application of powers of inspectors in relation to Government ships
18
Sections 258 to 266 of the Act apply to these Regulations as if they were for all purposes made under section 85 of the Act and accordingly those sections apply in relation to Government ships.
Enforcement of detention
19
1
Section 284 of the Act applies where a ship is liable to be detained under these Regulations as if —
a
references to detention of a ship under the Act were references to detention of the ship in question under these Regulations; and
b
subsection (7) were omitted.
2
Where a ship is liable to be detained under these Regulations, the person detaining the ship shall serve on the master of the ship a detention notice which shall —
i
state that a surveyor of ships is of the opinion that in relation to that ship there is a failure to comply with the requirements of these Regulations;
ii
specify the matters which, in the opinion of the surveyor of ships, have the effect that in relation to that ship those requirements are not met; and
iii
require the terms of the notice to be complied with until the ship is released by any person mentioned in section 284(1) of the Act.
Right of appeal and compensation
20
Regulations 11 and 12 (right of appeal and compensation) of the Merchant Shipping (Port State Control) Regulations 1995 (which by virtue of regulation 19 of those Regulations apply in relation to the exercise of powers of detention contained in safety regulations) apply in relation to a detention notice served on a Government ship under these Regulations as if these Regulations were for all purposes made under section 85 of the Act.
Prohibition on Levy
21
No charge in respect of anything done or provided in pursuance of any specific requirement of these Regulations shall be levied or permitted to be levied on any worker.
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
25th October 2007
Department for Transport


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2007, and shall come into force on 1st December 2007.
2
In these Regulations, “the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 .
Amendment to Regulation 61 of the 1986 Regulations
2
1
Regulation 61 of the 1986 Regulations shall be amended as follows.
2
Paragraph (4)(a) shall be replaced by the following–
a
if it is propelled by a compression ignition engine —
i
in the case of an agricultural vehicle first used before 1st January 2001, with Community Directive 77/537, or
ii
in the case of any other vehicle, either —
aa
Community Directive 72/306 , as last amended by Community Directive 2005/21 , or
bb
ECE Regulation 24.01, 24.02 or 24.03;
3
In paragraph (10BB)(e), after the numeral “V” there shall be added “, VI ”.
Amendment to Schedule 2 to the 1986 Regulations
3
In columns 1, 2, and 3 of Table 1 in Schedule 2 to the 1986 Regulations, the following items shall be added —
a
after item 57B —
57C 89/491 17.07.89 L238, 15.08.89 p.43 Motor Vehicles 72/306
b
after item 75 —
75A 97/20 18.04.97 L125, 16.05.97, p.21 The measures to be taken against the emission of pollutants from diesel engines for use in vehicles 72/306, as amended by 89/491
c
After item 88 —
88A 2005/21 07.03.2005 L61, 08.03.2005, p.25 The measures to be taken against the emission of pollutants from diesel engines for use in vehicles 72/306, as amended by 89/491, 97/20
Amendment to Part II of Schedule 3B to the 1986 Regulations
4
For paragraph 6 of Schedule 3B to the 1986 Regulations there shall be substituted —
6
An authorised sealer shall not —
a
seal a speed limiter fitted to a vehicle to which regulation 36A applies unless he is satisfied that the speed limiter fulfils the requirements of —
i
paragraph (5)(b);
ii
paragraph (6), (7) or (7A); and
iii
paragraph (8) or (9),
of that regulation, or
b
seal a speed limiter fitted to a vehicle to which regulation 36B applies unless he is satisfied that the speed limiter fulfils the requirements of —
i
paragraph (7)(b);
ii
paragraph (8) or (9); and
iii
paragraph (10) or (11),
of that regulation.
.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
30th October 2007
Department for Transport


text:
Citation and commencement
1
These Regulations may be cited as the Finance Act 2003, Paragraph 3(3) of Schedule 26, (Designated Transactions) Regulations 2007 and shall come into force on 12th April 2007.
Transaction designated as an investment transaction
2
1
A transaction is designated as an investment transaction for the purposes of Schedule 26 to the Finance Act 2003 (non-resident companies: transactions through investment manager and others) if conditions A to C are met.
2
Condition A is that the transaction is a transaction —
a
in Community tradeable emissions allowances, or
b
in transferable units issued pursuant to the Kyoto Protocol.
3
Condition B is that the transaction does not give rise to a chargeable gain falling within section 10B of the Taxation of Chargeable Gains Act 1992 (non-resident company with United Kingdom permanent establishment) (and accordingly taken into account for the purposes of section 11(2A) of the Income and Corporation Taxes Act 1988 (profits attributable to a permanent establishment)).
4
Condition C is that the transaction does not otherwise fall within paragraph 3(3).
5
For the purposes of this regulation —
“Community tradeable emissions allowances” are transferable allowances which relate to the making of emissions of greenhouse gases, and are allocated as part of a system made for the purpose of implementing any Community obligation of the United Kingdom relating to such emissions;
“Kyoto Protocol” means the Kyoto Protocol to the United Nations Framework Convention on Climate Change signed at Kyoto on 11th December 1997;
“paragraph 3(3)” means paragraph 3(3) of Schedule 26 to the Finance Act 2003 (meaning of “investment transaction” for the purposes of determining whether a person is an agent of independent status in respect of investment transactions);
“units” include assigned amount units, certified emission reductions, emission reduction units and removal units.
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2007


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Rent Repayment Orders (Supplementary Provisions) (England) Regulations 2007 and shall come into force on 6th April 2007.
2
These Regulations apply in relation to England only.
3
In these Regulations, “ the Act ” means the Housing Act 2004.
Overpayments of housing benefit
2
1
Paragraph (2) applies if, in the course of proceedings on an application under subsection (5) of section 73 of the Act (other consequences of operating unlicensed HMOs : rent repayment orders) or subsection (5) of section 96 of the Act (other consequences of operating unlicensed houses : rent repayment orders), it comes to the notice of the local housing authority that in respect of periodical payments payable in connection with occupation of the part or parts of the HMO or of the whole or part of the house to which the application applies there may have been a payment of housing benefit that was not properly payable.
2
A local housing authority may apply to the residential property tribunal for leave to amend their application by substituting for the total amount of housing benefit paid, such part of that amount as they believe is properly payable.
3
For the purposes of paragraphs (1) and (2) —
a
an amount of housing benefit is properly payable if the person to whom, or in respect of whom, it is paid is entitled to it under the Housing Benefit Regulations 2006 or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (whether on the initial decision or as subsequently revised or superseded or further revised or superseded), and
b
“overpayment of housing benefit” has the meaning given by regulation 99 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 80 of the Housing Benefit (Persons who have obtained the qualifying age for state pension credit) Regulations 2006.
3
1
Subject to paragraph (3), a local housing authority may apply an amount recovered under a rent repayment order for any of the purposes mentioned in paragraph (2).
2
The purposes are the reimbursement of the authority’s costs and expenses (whether administrative or legal) incurred in, or associated with —
a
the making of the application under section 73(5) of the Act or, as the case may be, section 96(5) of the Act;
b
the registration and enforcement of any legal charge under section 74(9)(b) or 97(9)(b) of the Act on the relevant property;
c
dealing with any application for the grant of a licence in respect of the relevant property under Part 2 of the Act (licensing of HMOs) or, as the case may be, Part 3 of the Act (selective licensing of other residential accommodation);
d
the prosecution of the appropriate person for an offence under section 72(1) of the Act or, as the case may be, section 95(1) of the Act, in relation to the relevant property (whether proceedings are instituted before or after the making of the order);
e
the making of an interim or final management order under Chapter 1 of Part 4 of the Act (interim and final management orders) in respect of the relevant property (whether the management order is made before or after the making of the rent repayment order);
f
the management of the relevant property while an interim or final management order is in force;
g
the execution of works undertaken in relation to the relevant property while an interim management order is in force; and
h
the preparation of, or execution of works under, a management scheme under section 119 of the Act (management schemes and accounts) while a final management order is in force.
3
Nothing in paragraph (1) authorises the application of an amount by way of reimbursement of an authority’s costs or expenses where a court or residential property tribunal has made an order with respect to all or some of those costs or expenses.
4
In paragraph (2), “the relevant property” means the HMO or house to which the rent repayment order relates.
Treatment of surpluses
4
An amount recovered under a rent repayment order which is not applied for a purpose mentioned in regulation 3(2), shall be paid into the Consolidated Fund.
Signed by authority of the Secretary of State
for Communities and Local Government
Kay Andrews
Parliamentary Under-Secretary of State
Department for Communities and Local Government
27th February 2007


text:
Citation, commencement and application
1
1
This Order may be cited as the Street Litter Control Notices (England)(Amendment) Order 2007 and comes into force on 1st July 2007.
2
This Order applies in England.
Amendment
2
In article 2 (prescribed commercial and retail premises) of the Street Litter Control Notices Order 1991 , for paragraph (b) substitute —
b
premises used wholly or partly for the sale of food or drink for consumption on the premises,
.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
23rd May 2007