text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) (Amendment) Order 2007 and comes into force on 1st September 2007.
2
In this Order, “the principal Orders” means —
a
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Music) (England) Order 2000 ;
b
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) (England) Order 2000 ;
c
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000 ;
d
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000 ;
e
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship) (England) Order 2000 (“the Citizenship Order ”);
f
The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) (England) Order 2000 (“the English Order ”);
g
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 2000 ;
h
The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 2000 ;
i
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 ;
j
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) ( No. 2) Order 2004 (“the Modern Foreign Languages Order ”);
k
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology and respect of the First, Second and Third Key Stages) (England) (No. 2) Order 2004 (“the Design and Technology Order ”); and
l
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science in respect of the First, Second, Third and Fourth Key Stages) (England) (No. 2) Order 2004 (“the Science Order ”).
3
This Order applies in relation to England only.
Amendment of article 1 of the principal Orders
2
1
In article 1(2) of each of the principal Orders renumber the definition of “The Document” as sub-paragraph (a).
2
In the Modern Foreign Languages Order, the Design and Technology Order and the Science Order, after sub-paragraph (a) as renumbered insert —
b
“P Level Document” means the Document published by the QCA on 24th July 2007 entitled “Performance – P Level - attainment targets for pupils with special educational needs who are working below Level 1 of the National Curriculum”; and
c
“Special Educational Needs” is to be interpreted in accordance with section 312 of the Education Act 1996 .
.
3
In each of the principal Orders other than those referred to in paragraph (2) of this article, after sub-paragraph (a) as renumbered insert —
b
“P Level Document” means the Document published by the Authority on 24th July 2007 entitled “Performance – P Level - attainment targets for pupils with special educational needs who are working below Level 1 of the National Curriculum”; and
c
“Special Educational Needs” is to be interpreted in accordance with section 312 of the Education Act 1996.
.
4
In article 1(2) of each of the principal Orders to which this paragraph applies, after sub-paragraph (c) insert —
d
“Level 1” is to be interpreted in accordance with the description of performance at Level 1 of the attainment targets contained in the Document
.
5
Paragraph (4) applies to each of the principal Orders other than the Citizenship Order.
6
In article 1(2) of the Citizenship Order, after sub-paragraph (c) insert —
d
“The attainment target for Citizenship” is the attainment target for key stage 3 described in the Document.
.
Amendment of the articles entitled “Specification of attainment targets and programmes of study” in the principal Orders
3
1
In the Citizenship Order —
a
renumber article 2 as article 2(1);
b
in article 2(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;
c
after article 2(1) as renumbered, insert —
2
In relation to any pupil who has special educational needs and who is working below the attainment target for Citizenship, the provisions relating to the P Level attainment targets set out in relation to Citizenship in the P Level Document have effect for the purposes of specifying the attainment targets in relation to the third key stage for that subject.
.
2
In the English Order —
a
in article 3(1), before the words “The attainment targets” on the first occasion on which they appear, insert the words “Subject to the paragraph (3),”;
b
after article 3(2) insert —
3
In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum, the provisions relating to P Level attainment targets set out in relation to English in the P Level Document are specified and have effect as the attainment targets for the first, second and third key stages for that subject.
.
3
In the Modern Foreign Languages Order —
a
renumber article 3 as article 3(1);
b
in article 3(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;
c
after article 3(1) as renumbered, insert —
2
In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum, the provisions relating to P Level attainment targets set out in relation to Modern Foreign Languages in the P Level Document are specified and have effect as the attainment targets for the third key stage.
.
4
In each of the principal Orders other than those referred to in paragraphs (1), (2) and (3) —
a
renumber article 3 as article 3(1);
b
in article 3(1) as renumbered, before the words “It is hereby directed” insert the words “Subject to the following provisions of this article,”;
c
after article 3(1) as renumbered insert —
2
In relation to any pupil who has special educational needs and who is working below Level 1 of the National Curriculum in that subject, the provisions relating to P Level attainment targets set out under the relevant subject heading in the P Level Document are specified and have effect as the attainment targets for the first, second and third key stages in relation to that subject.
.
Examples and other passages in the P Level document
4
1
In each of the principal Orders to which this article applies, insert the following after article 3 —
4
The examples and other passages printed in grey text or within square brackets in the P Level Document do not form part of the provisions made by this Order.
.
2
This article applies to the following Orders —
a
the Modern Foreign Languages Order;
b
the Design and Technology Order; and
c
the Science Order.
5
In article 3 of the Citizenship Order, after the parentheses insert the words “and the P Level Document”.
6
1
In article 4 of each of the principal Orders to which this article applies, after the parentheses insert the words “and the P Level Document”.
2
This article applies to each of the principal Orders other than those referred to in articles 4 and 5.
Signatory text
Andrew Adonis
Parliamentary Under Secretary of State
Department for Children, Schools and Families
26 July 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Valley Invicta Park Federation (School Governance) Order 2007 and comes into force on 23 rd February 2007.
Relaxation of the Federation Regulations
2
In respect of the constitution of the governing body of the Valley Invicta Park Federation, the requirements of the School Governance (Federations) (England) Regulations 2004 are relaxed as follows:
a
for the purposes of regulation 14(1)(a) and 14(2) the term “head teacher” means both the head teacher and the deputy head teachers of the federated schools; and
b
for the purposes of regulation 21(1) the maximum size of the governing body shall be 23.
Time period
3
This Order shall have effect until 23rd February 2010.
Jim Knight
Minister of State
Department for Education and Skills
26th January 2007


text:
Title, extent and commencement
1
This Order may be cited as the Diseases of Fish (England and Wales) Order 2007; it extends to England and Wales and comes into force on 6th April 2007.
Amendment of definition of “infected” in Diseases of Fish Act 1937
2
In the definition of “infected” in section 10(1) of the Diseases of Fish Act 1937 , after “infectious salmon anaemia ( ISA ),” insert “Koi Herpesvirus Disease,”.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
15th March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Legal Officers (Annual Fees) Order 2007.
2
This Order shall come into operation on the first day of January 2008.
Establishment of fees
2
The fees appearing in Schedule 1 to this Order are established. The Tables of that Schedule contain particulars of the annual fees which are to be received, after the commencement of this Order, by —
1
the legal officers named in Table I of that Schedule in respect of the carrying out by them of the duties of their offices specified in Schedule 2 to this Order, and
2
by the legal officers named in Part A of Table II of Schedule 1 in respect of the carrying out by them of the duties of their offices except the duties and professional services specified in Part B of Table II as not falling within the scope of the annual fee.
Payment of fees
3
The fees established and set out in the second column of Table I of Schedule 1 to this Order are to be paid by the diocesan board of finance. The fees established and set out in the third column of the said Table I and in Table II of that Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
Revocation of 2006 Order
4
The Legal Officers (Annual Fees) Order 2006 is hereby revoked.
Duties of the diocesan registrar
5
The diocesan registrar shall perform the duties and provide the professional services specified in Schedule 2 to this Order in consideration of the annual fee set out in Table I of Schedule 1 to this Order for his or her diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
Supplementary annual fee
6
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I of Schedule 1 to this Order.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less that three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
Travel, subsistence and accommodation
7
A fee specified in Schedule 1 to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
Value Added Tax
8
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of Schedule 2 to this Order) there shall be payable in addition to that fee the amount of Value Added Tax.
A Rutherford
G F Tattersall
A R Hargreaves-Smith
M A Chamberlain
A Whittam Smith
T E Allen
Approved by the General Synod on 7th July 2007
David Williams
Clerk to the Synod
Church House,
London


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Amendment) (Further Education) Regulations 2007 and come into force on the seventh day after the day on which they are made.
2
These Regulations extend to England and Wales only.
Amendment of the Act
2
In paragraph 6 of Schedule 4C to the Disability Discrimination Act 1995 (modifications of Chapter 2 of Part 4 of the Act where further education etc. is provided by schools etc.), in subsection (6) of the substituted 28R, for the definition of “Recreational or training facilities” substitute —
“Recreational or training facilities” means —
in the case of a local education authority in England, any facilities secured by the authority under section 507A or 507B of the Education Act 1996 (functions of local education authorities in England in respect of recreation etc.), and
in the case of a local education authority in Wales, any facilities secured by the authority under subsection (1), or provided by them under subsection (1A), of section 508 of that Act (functions of local education authorities in Wales in respect of recreation and social and physical training).
Bill Rammell
Minister of State
Department for Education and Skills
25th June 2007


text:
1
The A629 Trunk Road (Ings Lane to Cononley Lane) (Detrunking) Order 1996 is revoked.
2
This Order may be cited as the A629 Trunk Road (Ings Lane to Cononley Lane) (Detrunking) Order 1996 (Revocation) Order 2007 and shall come into force on 1st October 2007.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director Highways Agency
12th July 2007


text:
Title and commencement
1
This Order may be cited as the Disease Control (England) (Amendment) (No. 2) Order 2007 and comes into force at 12.00 noon on 8th September 2007.
Amendment
2
The Disease Control (England) Order 2003 is amended by omitting article 3A (emergency measures).
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
6th September 2007


text:
Citation
1
This Order may be cited as the Welfare Reform Act 2007 Commencement (No. 1) Order 2007.
Appointed days
2
1
14th June 2007 is the day appointed for the coming into force of section 31 of the Welfare Reform Act 2007 for the purpose only of the exercise of the power to make regulations.
2
1st November 2007 is the day appointed for the coming into force of section 31 of that Act for all other purposes.
Signed by authority of the Secretary of State for Work and Pensions
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th June 2007


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2007 and shall come into force on 31st May 2007.
2
Schedule 1 to the Rules of the Air Regulations 2007 shall be amended as follows.
3
For rule 28(5) there shall be substituted —
5
Paragraph (2) shall not apply to a helicopter which —
a
flies at or below 3,000 feet above mean sea level;
b
flies at a speed which, having regard to the visibility, is reasonable;
c
remains clear of cloud with the surface in sight; and
d
is in a flight visibility of at least 1,500 metres.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State
30th April 2007
Department for Transport


text:
Citation and commencement
1
This Order may be cited as the Home Information Pack (Redress Scheme) Order 2007 and shall come into force on 1st June 2007.
Requirement to belong to an approved redress scheme
2
1
Subject to paragraph (2), every estate agent shall be required to be a member of an approved redress scheme.
2
The requirement in paragraph (1) does not apply to an estate agent who does not engage in estate agency work within the meaning of section 1 of the Estate Agents Act 1979 .
Ian McCartney
Minister for Trade, Investment and Foreign Affairs
Department of Trade and Industry
24th February 2007


text:
Title, commencement and application
1
These Regulations may be cited as the Rural Development (Enforcement) (England) Regulations 2007, come into force on 12th February 2007, and apply in relation to England only.
Interpretation
2
1
In these Regulations —
“accountable body” means a body administering rural development payments which relate to the measures in Article 63 of Council Regulation 1698/2005 , which may be —
an administrative and financial lead actor selected by a local action group in accordance with Article 62(2) of Council Regulation 1698/2005; or
a local action group whose structure and constitution meet the requirements specified in that Article;
“applicant” means any person who makes an application;
“application” (save where the context otherwise requires) means an application to the Secretary of State or to a delivery body to enter into a commitment;
“authorised person” means any person who is authorised by the Secretary of State, the Forestry Commissioners , Natural England or a Regional Development Agency , either generally or specifically, to act in relation to matters arising under these Regulations;
“beneficiary” means a person who has entered into a commitment;
“ Commission Regulation 1974/2006 ” means Commission Regulation (EC) No. 1974/2006 laying down detailed rules for the application of Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development ( EAFRD ) ;
“ Commission Regulation 1975/2006 ” means Commission Regulation (EC) No. 1975/2006 laying down detailed rules for the implementation of Council Regulation (EC) No. 1698/2005 as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures ;
“commitment” means an undertaking by an applicant to the Secretary of State or a delivery body to comply with any requirement which is a condition of receiving a rural development payment;
“ Council Regulation 1257/1999 ” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“ Council Regulation 1782/2003 ” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers ;
“Council Regulation 1698/2005” means Council Regulation (EC) No. 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) ;
“ Cross-compliance (England) Regulations ” means the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 ;
“delivery body” means —
the Forestry Commissioners;
Natural England;
any Regional Development Agency except the London Development Agency ; or
any local action group and, where relevant, its accountable body;
“local action group” means a group which has been selected to implement a local development strategy in accordance with Article 37 of Commission Regulation 1974/2006;
“rural development payment” means any payment —
made by the Secretary of State which relates to any of the measures in Article 20, 36, 52 or 63 of Council Regulation 1698/2005, including any such payment made by the Secretary of State on behalf of a delivery body;
made by a Regional Development Agency which relates to any of the measures in Article 20, 52 or 63 of Council Regulation 1698/2005; or
made by an accountable body which relates to any of the measures in Article 63 of Council Regulation 1698/2005.
2
Other expressions used in these Regulations which are also used in Council Regulation 1698/2005 or Commission Regulation 1975/2006 shall be construed in accordance with the appropriate Regulation.
Powers of authorised persons
3
1
An authorised person may at all reasonable times, on producing, if so required, some duly authenticated document showing his authority, enter any land, other than a building used solely for the purpose of a dwelling —
a
to which an application or commitment relates, or
b
where he has reasonable grounds to believe that documents relating to an application or commitment are being kept,
for any of the purposes mentioned in paragraph (2).
2
The purposes are —
a
inspecting the land to which the application or commitment relates;
b
verifying the accuracy of any information provided by an applicant or beneficiary relating to an application or commitment;
c
determining whether or not a beneficiary has complied with a commitment;
d
providing a control report in accordance with Article 13 or 19(2) of Commission Regulation 1975/2006;
e
determining whether there has been a non-compliance.
3
An authorised person who has entered any land under paragraph (1) may —
a
inspect the land and any document, record or equipment on it which he reasonably believes relates to an application or a commitment;
b
require the applicant or beneficiary, or any employee, servant or agent of such applicant or beneficiary —
i
to produce, or secure the production of, any document relating to the application or commitment, and
ii
to supply any additional information relating to the application or commitment which is in his possession or under his control;
c
where any document or information referred to in sub-paragraph (b) is kept by means of a computer —
i
have access to any computer and any associated apparatus or material which is or has been used for storing that information, and
ii
require the information to be reproduced in a form in which it is legible and can be taken away;
d
require copies of or extracts from any document or other record referred to in sub-paragraph (a) or (b) to be produced;
e
retain a copy of any document produced to him;
f
seize and retain any document or other record which he reasonably believes may be required as evidence in proceedings under these Regulations; and
g
if necessary for the purposes of paragraph (2)(b) or (c) —
i
inspect and count livestock on the land, and
ii
require the applicant or beneficiary, or any employee, servant or agent of such beneficiary, to arrange for the collection, penning and securing of such livestock.
4
An authorised person entering any land under paragraph (1) may be accompanied by —
a
any official of the European Commission; and
b
such other persons as he considers necessary for any of the purposes mentioned in paragraph (2) .
5
Paragraph (3) applies in relation to a person referred to in paragraph (4) (b), when he is acting under the instructions of an authorised person, as if he were an authorised person.
Assistance to authorised persons
4
An applicant or beneficiary, and any employee, servant or agent of his, shall give an authorised person such assistance as he may reasonably request so as to enable him to exercise any power conferred on him by regulation 3 or 5(2) .
Cross-compliance
5
1
Regulations 4 and 6 of, and the Schedule to, the Cross-compliance (England) Regulations apply in relation to commitments to which Article 51(1) of Council Regulation 1698/2005 applies.
2
An authorised person who enters any land under regulation 3(1) for the purposes referred to in regulation 3(2)(d) or (e) may exercise, in addition to the powers specified in regulation 3(3), any of the powers specified in regulation 7(3) of the Cross-compliance (England) Regulations.
Payment of rural development payments
6
The Secretary of State may enter into arrangements with a delivery body to pay rural development payments on its behalf.
Transfers of land
7
1
Where —
a
a beneficiary has transferred all or part of the land to which a commitment relates to another person (“the transferee”),
b
the transferee has, within three months of the date of the transfer, given an undertaking to the Secretary of State, or to the appropriate delivery body, to assume the commitment in place of the beneficiary, and
c
the Secretary of State, or the appropriate delivery body, has accepted that undertaking,
the beneficiary shall be released from his commitment, other than in respect of any breach or other matter occurring before the acceptance by the Secretary of State or the appropriate delivery body of the transferee’s undertaking.
2
Paragraph (1) does not apply in relation to a commitment made to the Forestry Commissioners.
Breaches of commitments etc
8
1
The Secretary of State or a delivery body may determine, in relation to commitments made to him or it, that —
a
the beneficiary has furnished false or misleading information to him or it;
b
the beneficiary is in breach of any of the terms of a commitment;
c
the beneficiary is in breach of any requirement to which he is subject under Article 14(2) of Council Regulation 1257/1999, Council Regulation 1698/2005, Commission Regulation 1974/2006 or 1975/2006, or these Regulations;
d
the whole or any part of the sum paid or payable under a commitment duplicates assistance provided or to be provided out of monies made available by —
i
the European Communities,
ii
Parliament, or
iii
a body exercising public functions within the United Kingdom;
e
there has been a material change in the nature, scale, costs or timing of the operation or project in relation to which a commitment has been made; or
f
the operation or project in relation to which a commitment has been made, has been or is being delayed, or is unlikely to be completed.
2
Where the Secretary of State or a delivery body makes a determination under paragraph (1), he or it may also determine that the beneficiary acted recklessly or intentionally.
3
Where the Secretary of State or a delivery body makes a determination under paragraph (1) or (2) , he or it must —
a
give the beneficiary a written explanation of the reasons for making the determination;
b
afford the beneficiary the opportunity of making written representations within such time as he or it considers reasonable; and
c
consider any such representations.
4
This regulation applies without prejudice to any dispute procedure contained in a commitment.
5
In paragraph (4) , “dispute procedure” means a mechanism for resolving disputes between a beneficiary and either the Secretary of State or a delivery body.
Powers of recovery etc.
9
1
Where the Secretary of State or a delivery body makes a determination under regulation 8(1) , the Secretary of State, or the appropriate Regional Development Agency or accountable body, may —
a
withhold the whole or any part of any rural development payment payable to the beneficiary; and
b
recover on demand the whole or any part of any rural development payment already paid to the beneficiary.
2
Where the Secretary of State or a delivery body makes a determination under regulation 8(1) , the Secretary of State or the delivery body may suspend or terminate the commitment, and any entitlement of the beneficiary to payment in respect of the unexpired period of the commitment shall consequently be suspended or terminated, as the case may be.
3
Where the Secretary of State or a delivery body terminates a commitment under paragraph (2) , the Secretary of State or any delivery body may also prohibit the beneficiary from entering into any new commitment with him or it under the same measure, for such period (not exceeding two years) from the date of the termination as he or it may specify.
4
Where the Secretary of State or a delivery body makes a determination under regulation 8(2) , the Secretary of State, or the appropriate Regional Development Agency or accountable body, may also require the beneficiary to pay him or it an additional sum equal to no more than 10% of the sums paid or payable to him or it.
5
The powers conferred on the Secretary of State and delivery bodies by paragraphs (2) , (3) and (4) shall be exercisable by a notice served on the beneficiary by post at his last known address.
Recovery of interest
10
1
Where the Secretary of State, a Regional Development Agency or an accountable body exercises the power conferred by regulation 9(1)(a) or (b) , he or it may also recover on demand interest on the sum to be recovered, and the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
“LIBOR” means the sterling three month London interbank offered rate in force during the period between the date on which the Secretary of State, Regional Development Agency or accountable body makes the payment to be recovered and the date on which he or it recovers it.
3
In any proceedings relating to this regulation, a certificate of the Secretary of State stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Secretary of State of that rate.
Sums payable to be recoverable as a debt
11
Where an amount falls to be paid to the Secretary of State, a Regional Development Agency or an accountable body by virtue of (or by virtue of action taken under) these Regulations, the amount shall be recoverable as a debt.
Set off
12
The amount of —
a
any rural development payment payable by the Secretary of State, a Regional Development Agency or an accountable body, or
b
any sum payable by the Secretary of State under Council Regulation 1782/2003,
whether as principal or agent, may be set off against the amount of any sum recoverable by the Secretary of State, a Regional Development Agency or an accountable body under regulation 9(1) , 9(4) or 10(1).
Offences and penalties
13
1
A person is guilty of an offence if —
a
for the purposes of obtaining a rural development payment for himself or any other person, he knowingly or recklessly makes a statement which is false or misleading in a material particular;
b
he intentionally obstructs an authorised person, or a person accompanying him and acting under his instructions, in the exercise of his powers under regulation 3 or 5(2) ; or
c
without reasonable cause, he fails to comply with a request made under regulation 4 .
2
A person guilty of an offence under paragraph (1)(a) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
3
A person guilty of an offence under paragraph (1)(b) or (c) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
Where an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, paragraph (4) applies 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.
6
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Amendment of the England Rural Development Programme (Enforcement) Regulations 2000
14
In regulation 2(1) of the England Rural Development Programme (Enforcement) Regulations 2000 , for the definition of “the Commission Regulation”, substitute —
“the Commission Regulation” means Commission Regulation (EC) No. 817/2004 laying down detailed rules for the application of the Council Regulation;
.
Barry Gardiner
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th January 2007


text:
PART 1 General provisions
Title, application, commencement and cessation
1
1
These Regulations —
a
may be cited as the Export and Movement Restrictions (Foot-and-Mouth Disease) (No.2) Regulations 2007;
b
apply in England;
c
come into force at 6.00 p.m. on 5th December 2007; and
d
subject to paragraph (2), cease to have effect on 31st December 2007.
2
Regulations 5 to 9 and 11 to 14 cease to have effect on 15th December 2007.
Interpretation
2
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 17;
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom ;
“export” includes consigning for export;
“free area” means the areas in Great Britain not specified in Schedule 1;
“inspector” means a person appointed as an inspector or a veterinary inspector for the purposes of the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 , or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
where there is a port health authority, that authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county or district council;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“official veterinarian” means a veterinarian who is qualified in accordance with Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption to act in such a capacity and is appointed by the Food Standards Agency;
“premises” includes any land, building or other place;
“slaughter”, in relation to an animal, means causing the death of the animal by bleeding; and
“veterinary inspector” means a veterinary inspector appointed by the Secretary of State for the purposes of the Animal Health Act 1981.
PART 2 Animal movement restrictions
Movement of live animals
3
1
No person may move any live animal of the bovine, ovine, caprine or porcine species or any other biungulate from an area specified in Schedule 1 to the free area or vice versa.
2
The prohibition in paragraph (1) does not apply to live animals from the free area that are moved to premises in an area specified in Schedule 1 providing that the animals are moved under a licence issued in accordance with regulation 18 .
3
The prohibition in paragraph (1) does not apply to live animals from an area specified in Schedule 1 that are moved to the free area, providing that the animals —
a
are moved under a licence issued in accordance with regulation 18 ; and
b
show no clinical signs of foot-and-mouth disease immediately prior to loading.
4
The prohibition in paragraph (1) does not apply to movements of live animals on main roads or railway lines without stops, other than stops required by traffic conditions —
a
starting and ending in the free area via the areas specified in Schedule 1; or
b
starting and ending in the areas specified in Schedule 1 via the free area,
under a licence issued in accordance with regulation 18 .
PART 3 Export Restrictions
Export of live animals
4
1
No person may export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate from Great Britain.
2
By way of derogation from paragraph (1), a person may export animals originating outside Great Britain if —
a
the animals were moved in direct transit on main roads or railway lines through Great Britain without stops, other than those required by traffic conditions; and
b
the requirements in paragraph (3)(a) and (b) are complied with.
3
No person may export any biungulate to another member State from England without the prior authorisation of the Secretary of State unless —
a
at least three days before export the Secretary of State has notified that member State; and
b
in the case of —
i
bovine, ovine, caprine or porcine animals, the health certificate accompanying the animals bears the following words —
“Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”;
ii
other biungulates, the health certificate accompanying the animals bears the following words —
“Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
Export of fresh meat, minced meat, mechanically separated meat and meat preparations
5
1
No person may export meat from animals of the bovine, ovine, caprine or porcine species or other biungulates coming from, or obtained from animals originating in, an area specified in Schedule 1.
2
In this regulation, “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 or 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .
3
The prohibition in paragraph (1) does not apply in relation to —
a
meat obtained before 15th July 2007;
b
meat derived from animals reared for at least the 90 days prior to slaughter (or since birth, if less than 90 days of age) and slaughtered outside Great Britain, or in the case of meat obtained from wild game of a species susceptible to foot-and-mouth disease, killed outside Great Britain;
c
meat from bovine, ovine, caprine or porcine animals that complies with the conditions in Schedule 2, and is derived from animals that —
i
were kept on premises situated within the areas specified in Schedule 1 in which premises there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter (or since birth, if less than 90 days of age);
ii
during the 21 days prior to transport to the approved slaughterhouse, remained under the supervision of the Secretary of State on premises complying with Schedule 3;
iii
were transported to the approved slaughterhouse under the control of the Secretary of State in a means of transport that was cleansed and disinfected before loading at the premises described in sub-paragraph (c)(ii); and
iv
were slaughtered less than 24 hours after arrival at the approved slaughterhouse separately from animals the meat of which is not eligible for export;
d
meat from farmed game of a species susceptible to foot-and-mouth disease that complies with the conditions in Schedule 2, and is derived from animals —
i
that were kept on premises situated within the areas specified in Schedule 1 in which premises there has been no outbreak of foot-and-mouth disease for at least the 90 days prior to slaughter (or since birth, if less than 90 days of age);
ii
that, during the 21 days prior to on-farm slaughtering, remained under the supervision of the Secretary of State on premises complying with Schedule 3; and
iii
any carcase of which was transported to the approved slaughterhouse under the control of the Secretary of State in a means of transport that was cleansed and disinfected before loading at the premises described in sub-paragraph (d)(ii);
e
fresh meat obtained from bovine, ovine, caprine or porcine species or any other biungulates reared outside the areas specified in Schedule 1 and transported, under a licence issued pursuant to regulation 18 , directly and under the control of the Secretary of State to an approved slaughterhouse provided that —
i
the slaughterhouse is situated in an area specified in Schedule 1;
ii
the animals are slaughtered immediately, and in any event, within 24 hours of arrival at the slaughterhouse;
iii
the slaughterhouse is operated under strict veterinary control; and
iv
the fresh meat is clearly identified, and transported and stored separately from meat which is not eligible for export; or
f
fresh meat obtained from an approved cutting plant situated in an area specified in Schedule 1 if —
i
only fresh meat described in sub-paragraphs (a) to (e) is processed in the cutting plant in any one day;
ii
cleansing and disinfection has been carried out after processing any meat not described in sub-paragraphs (a) to (e);
iii
the cutting plant is operated under strict veterinary control; and
iv
the fresh meat is clearly identified, and has been transported and stored separately from meat that is not eligible for export.
4
Any person consigning an animal to a slaughterhouse to produce meat intended for export in accordance with sub-paragraph (c) or (d) of paragraph (3) must provide a written declaration that it complies with each of the conditions contained in that sub-paragraph and ensure that such declaration accompanies the animal consigned.
5
Meat specified in paragraph (3) intended for export must bear a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption .
6
Meat exported to another member State from England must be accompanied by an official certificate which bears the following words —
“Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
Marking meat not eligible for export
6
Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption , or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products .
Export of meat products
7
1
No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species or other biungulates coming from, or prepared using meat obtained from such animals originating in, an area specified in Schedule 1.
2
The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products that are not eligible for export, provided that the meat products —
a
are clearly identified;
b
bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 ; and
c
are made from meat —
i
described in regulation 5(3) ; or
ii
that has undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC .
3
Meat products exported to another member State from England must be accompanied by an official certificate which bears the following words —
“Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
4
Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14 .
5
Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk
8
1
No person may export milk produced or prepared in an area specified in Schedule 1.
2
The prohibition in paragraph (1) does not apply to milk produced from animals kept in an area specified in Schedule 1 that has been subjected to at least a treatment in accordance with —
a
Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease , if the milk is intended for human consumption; or
b
Part B of Annex IX to Directive 2003/85/EC , if the milk is not intended for human consumption.
3
The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in an area specified in Schedule 1 under the following conditions —
a
all milk used in the establishment has either —
i
been treated in accordance with paragraph (2); or
ii
has been obtained from animals reared and milked outside the areas specified in Schedule 1;
b
the establishment must be operated under strict veterinary control;
c
the milk is clearly identified and transported and stored separately from milk and dairy products not eligible for export; and
d
transport of raw milk from premises situated outside the areas specified in Schedule 1 to the establishments in an area specified in Schedule 1 is carried out in vehicles that were cleansed and disinfected prior to operation and had no subsequent contact with premises in an area specified in Schedule 1 keeping animals of species susceptible to foot-and-mouth disease.
4
Milk exported to another member State from England must be accompanied by an official certificate which bears the following words —
“Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
5
Paragraph (4) does not apply to milk that complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) does not apply to milk that conforms with the requirements of paragraph (2)(a) or (b) and that has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Export of dairy products
9
1
No person may export dairy products produced or prepared in an area specified in Schedule 1.
2
The prohibition in paragraph (1) does not apply to dairy products —
a
produced before 15th July 2007;
b
prepared from milk complying with the provisions in regulation 8(2) or (3); or
c
for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 8(2) which ensures the inactivation of the foot-and-mouth disease virus.
3
The prohibition in paragraph (1) does not apply to dairy products intended for human consumption —
a
that are finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
b
produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds; or
c
produced from raw milk of bovine, ovine or caprine animals (that have been resident for at least 30 days on a premises situated in Great Britain, and within the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk) and which has been subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
4
The prohibition in paragraph (1) does not apply to —
a
dairy products prepared in an approved establishment situated in an area specified in Schedule 1 if —
i
all milk used in the establishment either conforms to the conditions of regulation 8(2) or is obtained from animals outside the areas specified in Schedule 1;
ii
all dairy products used in the final product either conform to the conditions of paragraph (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside the areas specified in Schedule 1;
iii
the establishment is operated under strict veterinary control; and
iv
the dairy products are clearly identified and transported and stored separately from milk and dairy products that are not eligible for export; or
b
dairy products prepared outside the areas specified in Schedule 1 using milk obtained before 15th July 2007 from Great Britain provided that the milk products are clearly identified and transported and stored separately from dairy products that are not eligible for export.
5
Dairy products exported to another member State from England must be accompanied by an official certificate which bears the following words —
“Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
6
Paragraph (5) does not apply to milk products that comply with the requirements of paragraph (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
7
Paragraph (5) does not apply to dairy products that conform to the requirements of paragraph (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of semen, ova and embryos
10
1
No person may export semen, ova or embryos of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into Great Britain.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova or embryos produced before 15th July 2007;
b
frozen bovine semen imported into the United Kingdom in accordance with the conditions laid down in Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;
c
bovine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;
d
porcine semen imported into the United Kingdom in accordance with the conditions laid down in Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export;
e
frozen ovine or caprine semen or frozen ovine or caprine embryos imported into the United Kingdom in accordance with the conditions laid down in Council Directive 92/65/EEC laying down the animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules , which since introduction into the United Kingdom have been stored and transported separately from semen, ova or embryos not eligible for export; or
f
frozen semen or embryos that —
i
are from bovine, ovine, caprine or porcine animals kept for at least 90 days prior to the date of collection on premises within the free area or moved into the free area from areas not specified in Schedule 1 during the 90 days prior to the date of collection;
ii
have been collected from donor animals kept in centres or on premises which comply with Part I of Schedule 4; and
iii
have been stored in accordance with Part II of Schedule 4 for a minimum period of 30 days following collection during which the centre or premises where the semen or embryos were collected must have had no case of foot-and-mouth disease.
3
The health certificate accompanying frozen bovine semen exported to another member State from England must bear the following words —
“Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.
4
The health certificate accompanying bovine embryos exported to another member State from England must bear the following words —
“Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.
5
The health certificate accompanying ovine or caprine semen exported to another member State from England must bear the following words —
“Frozen ovine/caprine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
6
The health certificate accompanying ovine or caprine embryos exported to another member State from England must bear the following words —
“Frozen ovine/caprine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
7
The health certificate accompanying porcine semen exported to another member State from England must bear the following words —
“Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.
Export of hides and skins
11
1
No person may export hides or skins of animals of the bovine, ovine, caprine or porcine species or other biungulates produced in or brought into an area specified in Schedule 1.
2
The prohibition in paragraph (1) does not apply in relation to hides or skins that —
a
were produced in the United Kingdom before 15th July 2007;
b
comply with the requirements of paragraph 2(c) or (d) of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ;
c
were produced outside the areas specified in Schedule 1 in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into an area specified in Schedule 1 have been stored and transported separately from hides or skins not eligible for export; or
d
were produced from animals slaughtered in a slaughterhouse, or in the case of farmed game, slaughtered on premises, or in the case of wild game, killed, for the production of meat in accordance with regulation 5(3),
provided that treated hides or skins are separated from untreated hides and skins.
3
Hides or skins exported to another member State from England must be accompanied by an official certificate which bears the following words —
“Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom.”.
4
Paragraph (3) does not apply to hides or skins which conform to the requirements of either —
a
points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ; or
b
points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14 .
Export of animal products
12
1
No person may export animal products of the bovine, ovine, caprine or porcine species or other biungulates not otherwise mentioned in these Regulations —
a
produced after 15th July 2007 in an area specified in Schedule 1; or
b
obtained from animals originating from an area specified in Schedule 1.
2
No person may export dung or manure from animals of the bovine, ovine, caprine or porcine species or other biungulates from an area specified in Schedule 1.
3
The prohibition in paragraph (1) does not apply in relation to —
a
animal products that —
i
have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;
ii
have been subject to a heat treatment in which the centre temperature is raised to at least 70 o C;
iii
were produced outside the areas specified in Schedule 1 in accordance with the conditions laid down in Regulation (EC) No 1774/2002 , and which since introduction into an area specified in Schedule 1 have been stored and transported separately from animal products not eligible for export; or
iv
were produced from animals slaughtered in a slaughterhouse, or in the case of farmed game slaughtered on premises, or in the case of wild game killed, for the production of meat in accordance with regulation 5(3), and comply with the requirements of Part A(1) of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 , and have been stored and transported separately from animal products not eligible for export;
b
blood or blood products —
i
as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 , followed by an effectiveness check; or
ii
that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 ;
c
lard or rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002 ;
d
animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products , which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
e
sheep wool, ruminant hair or pigs’ bristles, any of which has undergone factory washing or has been obtained from tanning;
f
sheep wool, ruminant hair or pigs’ bristles, any of which has been securely enclosed in packaging and is dry;
g
petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 ;
h
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
i
game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 ;
j
packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or
k
medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use , non-viable medical devices as defined in Article 1(5)(g) of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices , veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use .
4
The animal products referred to in paragraph (3) for export to other member States from England must be accompanied by an official certificate which bears the following words —
“Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom.”.
5
Paragraph (4) does not apply to products specified in paragraph (3)(a) to (d) or (g) that are accompanied by a commercial document stating that the products comply with the relevant requirements of paragraph 3(a) to (d) or (g) which is endorsed in accordance with regulation 14 .
6
Paragraph (4) does not apply to products specified in paragraph (3)(e) or (f) that are accompanied by a commercial document stating —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 .
7
Paragraph (4) does not apply to products specified in paragraph (3)(h) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) does not apply to products specified in paragraph (3)(j) or (k) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medical products or medical devices, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medicinal products” or as “medical devices”.
9
Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts if they are accompanied by a commercial document which bears the following words —
“These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured.”.
Exemptions
13
The prohibitions in regulations 7 , 8 , 9 and 12 do not apply in relation to —
a
products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and
b
products that are —
i
produced in an approved establishment in Great Britain from pre-processed products originating outside Great Britain which, since introduction into the United Kingdom have been transported, stored and processed separately from products from Great Britain not eligible for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that —
a
the products concerned have been produced —
i
in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or
ii
from pre-processed materials that have been certified accordingly; and
b
provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.
2
The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated consignment of animal products, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that —
a
confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Duties of slaughterhouses and other establishments
15
1
If foot-and-mouth disease is suspected in —
a
a slaughterhouse;
b
premises on which farmed game are slaughtered; or
c
a game-handling establishment,
which handles meat controlled under these Regulations, the occupier must comply with paragraph (2).
2
The occupier must, under the supervision of the Secretary of State, ensure that —
a
all animals present are slaughtered;
b
all meat and all dead animals are removed and disposed of in accordance with article 25(2) of the Foot-and-Mouth Disease (England) Order 2006 ;
c
the establishment is cleansed and disinfected; and
d
no meat is prepared for consigning outside the areas listed in Schedule 1 for 24 hours following the completion of the cleansing and disinfection required by sub-paragraph (c).
3
If an animal susceptible to foot-and-mouth disease and from premises situated in an area specified in Schedule 1 is slaughtered in any of the establishments referred to in paragraph (1), the occupier must ensure that —
a
all animals present are slaughtered;
b
the establishment is cleansed and disinfected; and
c
no meat is prepared for consigning outside an area specified in Schedule 1 until the completion of the cleansing and disinfection required by sub-paragraph (b).
Offers to dispatch or export
16
No person may offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
PART 4 Administration and enforcement
Approvals
17
1
The Secretary of State or a local authority may approve establishments, slaughterhouses or cutting plants for the purposes of these Regulations if satisfied that the occupier will comply with the conditions of these Regulations.
2
Any approval must be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations or any conditions of approval are not being complied with.
Licences
18
1
A veterinary inspector, or inspector acting under the direction of a veterinary inspector, may —
a
grant a licence; and
b
amend, suspend or revoke a licence in writing at any time.
2
The licence —
a
must be in writing;
b
may be general or specific; and
c
may be made subject to such conditions as the veterinary inspector considers necessary to prevent the spread of foot-and-mouth disease.
3
A person moving any animal under a specific licence granted under these Regulations must —
a
keep the licence or a copy of it with them at all times during the licensed movement;
b
on demand by an inspector or veterinary inspector —
i
produce the licence, or copy;
ii
allow a copy or extract of the licence to be taken; or
iii
provide their name or address.
4
A person moving any animal under a general licence granted under these Regulations must —
a
keep with them at all times during the licensed movement, a consignment note that contains details of —
i
the type, and numbers, of animals being moved;
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the name of the consignee; and
vi
the address of the premises of destination; and
b
on demand by an inspector or veterinary inspector —
i
produce the consignment note and allow a copy or extract to be taken; and
ii
provide their name and address.
5
Licences granted in Scotland or Wales for activities that can be licensed in England under these Regulations shall have effect in England as if they were licences granted under these Regulations, but an inspector acting under the direction of the Secretary of State may serve a notice on any person moving any animal under such a licence, directing him to move it to or keep it on premises specified in the notice or move it out of England.
Notices
19
1
A veterinary inspector, or inspector, may serve any notice issued under the Regulations on —
a
the owner or keeper of an animal; or
b
the person in control of an animal, carcase or any part of an animal.
2
The notice must —
a
be in writing and may be amended or revoked, by further notice at any time; and
b
specify how it must be complied with.
Powers of inspectors
20
1
An inspector may, at all reasonable hours enter any place, land, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
Where an inspector enters any of the places specified in paragraph (1), that inspector must produce a duly authenticated document showing the inspector’s authority, if required to do so.
3
An inspector may by notice, or as a condition of a licence, require the cleansing and disinfection of premises, vehicles, equipment, or any other thing that may spread foot-and-mouth disease.
4
An inspector may —
a
require the detention or isolation in a specified place of any animal by serving a notice requiring such action on the occupier of the premises where it is present, or its keeper; and
b
mark, or cause to be marked, for identification purposes any animal, carcase or thing.
5
A veterinary inspector may inspect, or take samples from, any animal, carcase or thing.
6
An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
by notice on the person they consider to be appropriate, detain any vehicle, vessel, container or anything which they reasonably suspect to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;
b
search any premises;
c
carry out inspections of any processes used for the marking of any animal, carcase or thing;
d
examine documentary or data-processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and
e
take with them a representative of the European Commission acting for the purposes of the Decision.
7
If any person fails to comply with a requirement in these Regulations, or a notice, approval or licence issued or granted under these Regulations, an inspector may take such steps as they consider necessary to ensure the requirement is met at the expense of that person, including the power to require, by notice, any person to take or refrain from a specified action in respect of any place, animal, vehicle or other thing.
Powers of officers of Revenue and Customs
21
An Officer of Revenue and Customs may detain any vehicle, vessel, container or anything which the officer reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of products
22
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If anything other than live animals is seized under this regulation, the inspector must inform the person appearing to the inspector to be in charge of the consignment of the inspector’s intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the export shall, if they attend before the justice of the peace by whom the matter falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations the justice of the peace must, unless satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment be destroyed or otherwise disposed of so as to prevent it from being despatched.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
23
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations;
c
furnish to any person acting in the execution of these Regulations any information which they know to be false or misleading; or
d
deface, obliterate or remove any mark made by an inspector under these Regulations.
Offences by bodies corporate
24
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 —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
25
1
A person contravening any provision of these Regulations, or any conditions of an approval or licence granted, or a notice served, under these Regulations, is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Authorisations, certificates, etc. issued in another part of the United Kingdom
26
1
Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State, a veterinary inspector or inspector, an equivalent document issued in another part of the United Kingdom by the relevant competent authority is valid.
2
Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the United Kingdom shall be treated as if it had been processed in approved premises in England.
Sharing information
27
1
The Secretary of State, the Commissioners and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.
2
Paragraph (1) is without prejudice to any other power of the Secretary of State, the Commissioners or any local authority to disclose information.
3
No person, including a servant of the Crown, may disclose any information received from the Commissioners under paragraph (1) if —
a
the information relates to a person whose identity —
i
is specified in the disclosure; or
ii
can be deduced from the disclosure;
b
the disclosure is for a purpose other than the purposes of these Regulations; and
c
the Commissioners have not given their prior consent to the disclosure.
4
In this regulation, “the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs.
Enforcement
28
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
29
The Export and Movement Restrictions (Foot-And-Mouth Disease) Regulations 2007 are revoked.
Jonathan Shaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5.00 p.m. on 5th December 2007


text:
Citation and commencement
1
This Order may be cited as The Walkergate Primary School (Change to School Session Times) Order 2007 and comes into force on 4th June 2007.
Exemption from the School Session Regulations
2
The Changing of School Session Times (England) Regulations 1999 are not to apply to the governing body of Walkergate Primary School of Sutton Street, Newcastle upon Tyne NE6 4SD.
Time period
3
This Order has effect until 27th July 2007.
Jim Knight
Minister of State
Department for Education and Skills
6th May 2007


text:
1
This Order may be cited as The A629 Trunk Road (Thorlby Roundabout to Snaygill Roundabout) (Detrunking) Order 2007 and shall come into force on 1st October 2007.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/359, marked “The A629 Trunk Road (Thorlby Roundabout to Snaygill Roundabout) (Detrunking) Order 2007”, signed by authority of the Secretary of State for Transport and deposited at Communities & Local Government, Deposited Document Services, Room F13, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Doncaster to Kendal Trunk Road (A629).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the North Yorkshire County Council (who will become the highway authority responsible for that length) that the Order has come into force.
4
The A629 Trunk Road (Thorlby Roundabout to Snaygill Roundabout) (Detrunking) Order 2003 is revoked.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
12th July 2007


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations “the principal Regulations ” means the Authorised Investment Funds (Tax) Regulations 2006 .
Amendment of the principal Regulations: general
2
The principal Regulations are amended as follows.
Amendment of regulation 26 of the principal Regulations
3
In regulation 26(4)(c) (deduction of tax where interest distributions made) insert “or” at the end.
Amendment of regulation 81 of the principal Regulations
4
In regulation 81(1) (distributions by authorised unit trust after the end of its pre-transfer accounting period) for “3.1.4” substitute “22”.
Insertion of regulation 93A in the principal Regulations
5
Insert the following regulation after regulation 93 (modification of the Tax Acts: introduction) —
Modifications of TMA 1970
93A
1
TMA 1970 is modified as follows.
2
In section 98(4E) (special returns etc. ) —
a
in paragraph (a) for “trustees of an authorised unit trust” substitute “legal owner of an authorised investment fund”;
b
in paragraph (b) —
i
for “trustees” substitute “legal owner”, and
ii
for “do not comply” substitute “does not comply”; and
c
in paragraph (d) for “trustees” substitute “legal owner”.
.
Amendment of regulation 94 of the principal Regulations
6
In regulation 94(5) (modifications of the Income and Corporation Taxes Act 1988 ) for “he following subsection is treated as insert” substitute “the following subsection is treated as inserted”.
Amendment of the Schedule to the principal Regulations
7
In Part 2 of the Schedule to the principal Regulations (abbreviations and defined expressions) insert at the appropriate places —
reputable intermediary condition (in Part 4) Regulation 27
residence condition (in Part 4) Regulation 30.
Revocations
8
The following provisions of the principal Regulations are revoked —
a
regulation 1(3);
b
in regulation 26(4), sub-paragraph (e) and the word “or” immediately preceding it;
c
regulations 34 to 46.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medical Act 1983 Amendments (Transitional Provisions Relating to Postgraduate Training) Order of Council 2007 and shall come into force on 1st August 2007.
2
In this Order, “the Amending Order ” means the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006.
3
Words and expressions used both in article 2 and in the Medical Act 1983 as in force on 31st July 2007 bear the meanings they bear in the Medical Act 1983 as in force on that date.
Provisionally registered medical practitioners who commenced house officer training before 1st August 2007
2
If a person, after passing a qualifying examination, was engaged in employment in a resident medical capacity before 1st August 2007 for the purposes of obtaining a certificate under section 10 of the Medical Act 1983 (experience required for full registration by virtue of primary United Kingdom qualifications) as in force on 31st July 2007 —
a
his examining body may award him a certificate under the said section 10 on or after 1st August 2007, if it would have been entitled to do so before 1st August 2007, notwithstanding the repeal of the said section 10 by virtue of article 23 of the Amending Order (accordingly, Part 2 of the Medical Act 1983 and the subordinate instruments under it, as in force on 31st July 2007, are transitionally preserved for these purposes); and
b
if as a consequence of obtaining a certificate under the said section 10 —
i
by virtue of paragraph (a), or
ii
from an examining body before 1st August 2007,
a person who is not fully registered would have been entitled to be fully registered, or the General Council would have directed that he be fully registered, under the relevant section in Part 2 or 3 of the Medical Act 1983 but for the amendments made to those Parts by the Amending Order, he shall be so registered under the relevant section in those Parts, notwithstanding the amendments made by the Amending Order (accordingly, Parts 2 and 3 of the Medical act 1983 and the subordinate instruments under them, as in force on 31st July 2007, are transitionally preserved for these purposes).
Duration
3
This Order shall cease to have effect on 1st August 2009.
Judith Simpson
Clerk of the Privy Council