type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTORY
Citation, commencement, revocations and disapplications
1
1
These Regulations may be cited as the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 and shall come into force on 8th April 2000.
2
The following Orders and Regulations are hereby revoked:
Telecommunication Apparatus (Advertisements) Order 1982
Telecommunication Apparatus (Advertisements) Order 1985
Telecommunication Apparatus (Advertisements) (Amendments) Order 1985
Telecommunication Apparatus (Marking and Labelling) Order 1982
Telecommunication Apparatus (Marking and Labelling) Order 1985
Telecommunication Apparatus (Marking and Labelling) (Amendment) Order 1985
Telecommunication Apparatus (Bell Noise Labelling) Order 1985
Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1990
Telecommunication Apparatus (Approval Fees) (British Approvals Board for Telecommunications) Order 1992
Telecommunications Terminal Equipment Regulations 1992
Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994
Telecommunications Terminal Equipment (Amendment) Regulations 1995
3
Sections 22 and 84 of the Act , the Electromagnetic Compatibility Regulations 1992, except for regulations 5 and 31 , and the Electrical Equipment (Safety) Regulations 1994, except for regulations 5 and 7 , shall cease to apply to apparatus covered by these Regulations.
Interpretation
2
1
In these Regulations (except in Schedule 9) —
“the Act” means the Telecommunications Act 1984 ;
“active implantable medical device” shall have the meaning in Article 1 of Council Directive 90/385/ EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices ;
“apparatus” means any equipment that is either radio equipment or telecommunications terminal equipment or both;
“the CE marking” has the meaning given in regulation 10;
“ the Commission ” means the Commission of the European Communities;
“a component or a separate technical unit of a vehicle” shall have the meaning in Article 2 of Council Directive 92/61/EEC ;
“ the Directive ” means Directive 1999/5/ EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ;
“ the Director ” means the Director General of Telecommunications appointed under section 1 of the Act;
“enforcement authority” has the meaning given in paragraphs 1 and 2 of Schedule 9;
“equipment class” means a class identifying particular types of apparatus which under the Directive are considered similar and those interfaces for which the apparatus is designed. Apparatus may belong to more than one equipment class;
“harmful interference” means interference which endangers the functioning of a radio navigation service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radio communications service operating in accordance with the applicable Community or national regulations;
“harmonised standard” means a technical specification adopted by a recognised standards body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC of the European Parliament and of the Council for the purpose of establishing a European requirement, compliance with which is not compulsory;
“interface” means either or both of —
a network termination point which is a physical connection point at which a user is provided with access to public telecommunications network, and
an air interface specifying the radio path between radio equipment
and their technical specifications;
“medical device” shall have the meaning in Article 1 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices ;
“public telecommunications networks” means telecommunications networks used wholly or partly for the provision of publicly available telecommunications services;
“radio equipment” means a product, or a relevant component thereof, capable of communication by means of the emission and/or reception of radio waves utilising the spectrum allocated to terrestrial/space radio communication;
“radio waves” means electromagnetic waves of frequencies from 9 kHz to 3,000 GHz , propagated in space without artificial guide;
“responsible person” means the manufacturer of apparatus or his authorised representative within the Community, or any other person who places the apparatus on the market;
“technical construction file” means a file describing the apparatus and providing information and explanations as to how the essential requirements (within the meaning of regulation 4) applicable to the apparatus have been met;
“telecommunications terminal equipment” means a product enabling communication, or a relevant component thereof, which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks;
and any other expression used in these Regulations which is also used in the Directive has the same meaning in these Regulations as it has in the Directive.
2
For the purposes of these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference —
i
in a regulation to a paragraph is a reference to a paragraph in that regulation;
ii
to an Annex is a reference to an Annex of the Directive.
3
For the purposes of these Regulations, Annexes I, II , III , IV , V, VI and VII are respectively set out in Schedules 1, 2, 3, 4, 5, 6 and 7, and a reference to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the respective Schedule.
PART II
GENERAL PRINCIPLES
Scope and Exclusions
3
1
Subject to paragraphs (4) and (5), these Regulations shall apply to all apparatus.
2
Where apparatus incorporates, as an integral part or as an accessory —
a
a medical device; or
b
an active implantable medical device,
nothing in these Regulations shall affect the application of Council Directive 93/42/EEC of 14 June 1993 ; or Council Directive 90/385/EEC of 20 June 1990 ; or the Medical Devices Regulations 1994 ; or the Active Implantable Medical Devices Regulations 1992 .
3
Where apparatus constitutes a component or a separate technical unit of a vehicle, nothing in these Regulations shall affect the application of Council Directive 72/245/EEC of 20 June 1972 ; or Council Directive 92/61/EEC of 30 June 1992 ; or the Motor Vehicles (Type Approval) Regulations 1980 ; or the Motorcycle (EC Type Approval) Regulations 1995 .
4
These Regulations shall not apply to apparatus exclusively used for the purposes of public security, defence, State security (including the economic well-being of the State) or the activities of the State in the area of criminal law.
5
These Regulations shall not apply to equipment listed in Schedule 1.
Essential Requirements
4
1
Apparatus when properly installed and maintained and used for its intended purpose shall satisfy the essential requirements set out in this regulation.
2
The following essential requirements shall apply to all apparatus:
a
the protection of the health and safety of the user and any other person, including the objectives with respect to safety requirements contained in Council Directive 73/23/EEC (but as if there were no voltage limit);
b
the protection requirements with respect to electromagnetic compatibility contained in Council Directive 89/336/EEC ;
3
In addition, radio equipment shall be so constructed that it effectively uses the spectrum allocated to terrestrial/space radio communication and orbital resources so as to avoid harmful interference.
4
When a measure has been adopted by the Commission pursuant to Articles 3.3, 6.2 and 15 of the Directive and published in the Official Journal of the European Communities determining that apparatus shall be so constructed that —
a
it interworks via networks with other apparatus and that it can be connected to interfaces of the appropriate type throughout the community; or that
b
it does not harm the network or its functioning nor misuse network resources, thereby causing an unacceptable degradation of service; or that
c
it incorporates safeguards to ensure that the personal data and privacy of the user and of the subscriber are protected; or that
d
it supports certain features ensuring avoidance of fraud; or that
e
it supports certain features ensuring access to emergency services; or that
f
it supports certain features in order to facilitate its use by users with a disability,
apparatus within the scope of that measure shall meet the requirements of that measure from the date specified in that measure.
PART III
COMPLIANCE
General duty relating to the placing on the market and putting into service of apparatus
5
1
Subject to regulations 6, 7 and 8, no person shall place on the market or put into service any apparatus unless the requirements of paragraph (2) and (in the case of radio equipment) the requirements of paragraph (3) have been complied with in relation to it.
2
The requirements in respect of any apparatus are that:
a
it satisfies the essential requirements set out in regulation 4: and without prejudice to other means of complying for the purpose of satisfying those requirements, where a harmonised standard covers one or more of the relevant essential requirements, any apparatus or part thereof constructed in accordance with that harmonised standard or part thereof shall be presumed to comply with that or, as the case may be, those essential requirements;
b
the information has been provided in accordance with regulation 11;
c
the appropriate conformity assessment procedures in respect of the apparatus have been carried out in accordance with regulation 9;
d
the CE marking has been affixed to it by the manufacturer of the apparatus or other responsible person in accordance with regulation 10 and Schedule 7; and
e
a declaration of conformity has been drawn up in respect of it by the manufacturer of the apparatus or other responsible person in accordance with Schedule 2, 3, 4 or 5.
3
In respect of radio equipment using frequency bands whose use is not harmonised throughout the Community it is also a requirement that notification of intention to place it on the market shall have been given in accordance with regulation 12.
Exceptions in respect of placing on the market and putting into service
6
1
For the purposes of regulation 5, apparatus shall not be regarded as being placed on the market where that apparatus —
a
is intended to be exported to a country outside the Community; or
b
is imported into the Community for re-export to a country outside the Community; or
c
is transferred from the manufacturer in a third country to his authorised representative established within the Community who is responsible on behalf of the manufacturer for ensuring compliance with the Directive; or
d
is transferred to a manufacturer for further processing (for example, to modify the product or to integrate it into another product, or to put his own name on the product);
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto.
2
The following principles shall apply in respect of the application of the Act and the Wireless Telegraphy Acts 1949 to 1967 :
a
the display at trade fairs, exhibitions and demonstrations of apparatus which does not comply with the provisions of these Regulations is permitted if a notice is displayed in relation to the apparatus to the effect —
i
that it does not satisfy those provisions; and
ii
that it may not be placed on the market or put into service until those provisions are satisfied by a responsible person; and
b
the switching on of radio equipment may be restricted for reasons related to the effective and appropriate use of the radio spectrum, avoidance of harmful interference or public health.
The right to connect
7
1
Operators of public telecommunications networks shall not refuse to connect telecommunications terminal equipment to appropriate interfaces on technical grounds, where that equipment complies with the requirements of regulation 4.
2
Where they consider that apparatus declared to be compliant with the provisions of the Directive causes serious damage to a network or harmful interference or harm to the network or its functioning, the Secretary of State and the Director shall, in exercising their functions under Part II and sections 47 to 49 of the Act, ensure that public telecommunications operators may refuse connection, disconnect such apparatus or withdraw it from service.
3
In exercising their functions under Part II and sections 47 to 49 of the Act, the Secretary of State and the Director shall ensure that in case of emergency, a public telecommunications operator may disconnect apparatus if the protection of the network requires the apparatus to be disconnected without delay, provided that the user is offered an alternative solution without delay and without cost to the user.
Transitional provisions in respect of placing on the market and putting into service
8
Notwithstanding the provisions of regulation 5, apparatus may be placed on the market before 8 April 2001, and apparatus so placed on the market may be put into service, if (in either case) it is in accordance with the provisions of Council Directive 98/13/EC , the Telecommunications Terminal Equipment Regulations 1992 , or section 22 or 84 of the Act.
Conformity assessment procedures for apparatus
9
1
For the purposes of regulation 5(2)(c), the appropriate conformity assessment procedure for apparatus shall, subject to paragraph (2), be chosen from the procedures set out in Schedules 2, 3, 4 and 5 as follows:
a
for telecommunications terminal equipment which does not make use of the spectrum allocated to terrestrial/space radio communications and for the receiving parts of radio equipment, the conformity assessment procedures which may be chosen from are those laid down in Schedules 2, 4 and 5;
b
where radio equipment is not within the scope of subparagraph (a) above and the manufacturer has fully applied harmonised standards, the conformity assessment procedures which may be chosen from are those laid down in Schedules 3, 4 and 5;
c
where radio equipment is not within the scope of subparagraph (a) above and the manufacturer has not applied harmonised standards or has applied them only in part, the conformity assessment procedures which may be chosen from are those laid down in Schedules 4 and 5.
2
As an alternative to the procedures set out in paragraph (1), compliance of the apparatus with the essential requirements identified in —
a
regulation 4(2)(a) may be demonstrated by using the procedures specified in Council Directive 73/23/EEC , and
b
regulation 4(2)(b) may be demonstrated by using the procedures specified in Article 10(1) and 10(2) of Directive 89/336/EEC ,
where apparatus is within the scope of either of those Directives.
3
Any technical documentation or other information in relation to apparatus required to be retained under the conformity assessment procedure used shall be retained by the person specified in that respect in that conformity assessment procedure for the appropriate period specified in that procedure.
CE marking
10
1
In these Regulations, “the CE marking” means a marking in the form set out in paragraph 1 of Annex VII as set out in Schedule 7.
2
The CE marking shall be accompanied by —
a
the identification number of all notified bodies used where the conformity assessment procedure is carried out in accordance with Schedule 3, 4 or 5;
b
in the case of radio equipment, the equipment class identifier where one has been assigned.
3
There shall be marked on the apparatus, on any instructions accompanying it or on any packaging relating to it —
a
the name of the responsible person; and
b
the type and batch or serial number assigned to the apparatus by the manufacturer.
4
Where apparatus is subject to other directives concerning other aspects and which also provide for the affixing of the CE marking, the markings shall indicate that the apparatus in question is also presumed to conform to the provisions of those other directives. However, should one or more of those directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those directives applied by the manufacturer. In this case the particulars of those directives, as published in the Official Journal, must be given in the documents, notices or instructions required by those directives and accompanying such products.
5
Subject to paragraph (6) any other marking may be affixed to apparatus provided that the visibility and legibility of the CE marking is not thereby reduced.
6
The affixing of markings on apparatus which are likely to mislead third parties as to the meaning or form of the CE marking is prohibited.
Information accompanying apparatus
11
There shall be prominently displayed on or accompany the apparatus information for the user as follows:
a
in the case of all apparatus —
i
its intended use; and
ii
a declaration of its conformity to the applicable essential requirements;
b
in the case of radio equipment, sufficient information on the packaging and the instructions for use to identify the Member States or the geographical area within the Member States where it is intended to be used; and marking on the apparatus as provided for in paragraph 5 of Schedule 7 shall be used when appropriate to alert the user that restrictions or requirements for authorisation of the use of the radio equipment apply in certain Member States;
c
in the case of telecommuncations terminal equipment, sufficient information to identify the interfaces of public telecommunications networks to which the equipment is intended to be connected.
Notice to be given to the Secretary of State before placing radio equipment on the market
12
1
The responsible person shall, not less than four weeks before the date it is intended to place on the market in the United Kingdom radio equipment using frequency bands whose use is not harmonised throughout the Community, give notice in writing to the Secretary of State at the Radiocommunications Agency which contains —
a
such information as is required by the Secretary of State about the radio characteristics of the equipment, in particular its frequency bands, channel spacing, type of modulation and RF power; and
b
where appropriate the identification number of all the notified bodies used.
2
Notice given under paragraph (1) shall be effective in respect of all items of equipment, whether placed on the market at the same time or at different times, which are in all material respects identical to each other.
Publication of and access to information
13
In exercising their functions under Part II of the Act, the Secretary of State and the Director shall ensure that operators of public telecommunications networks shall —
a
publish and make readily available accurate and adequate technical specifications of all interfaces offered by them before services provided through such interfaces are made publicly available, and shall regularly publish any updated specifications, and
b
provide in such publication the following information:
i
sufficient details of technical interface specifications to permit the design of telecommunications terminal equipment capable of utilising all services provided through the corresponding interface;
ii
details of changes in existing interface specifications, including information on network characteristics which are found to affect the correct operation of terminal equipment;
iii
all the information necessary to allow manufacturers to carry out relevant tests, at their choice, for the essential requirements applicable to telecommunications terminal equipment.
Notified bodies
14
For the purposes of these Regulations, a notified body is a body which has been —
a
appointed as a notified body pursuant to regulation 15; or
b
appointed by a Member State other than the United Kingdom and notified to the Commission and the other Member States pursuant to Article 11 of the Directive.
Notified bodies appointed by the Secretary of State
15
1
The Secretary of State, applying the criteria in Schedule 6 and such other criteria as he thinks fit, may from time to time appoint such persons as he thinks fit to be notified bodies.
2
An appointment —
a
may relate to such descriptions of apparatus as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of subparagraph (b) and subject to paragraph (4), require the appointed body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing given to the Secretary of State by the notified body; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraph (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if —
a
the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body; or
b
the responsible person has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 16.
5
If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may —
a
give such directions (either to the body the subject of the termination or to another notified body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and
b
without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as he may specify.
Fees
16
1
A notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, the performance of its functions as it may determine: provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
A notified body may require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Modification of Licences
17
1
The following amendments shall be made to Schedule 1 to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (“the Standard Schedule Regulations”):
a
in Part 1 of Schedule 1 thereof —
i
for the definitions of “Applicable Terminal Equipment”, “Approved Apparatus” and “Compliant Terminal Equipment”, there shall be substituted the definitions set out in Part I of Schedule 8; and
ii
after the definition of “Revised Voice Telephony Regulations” there shall be inserted the following definition:
“ RTTE Regulations ” means the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
;
b
in Part 2 of Schedule 1 thereof —
i
there shall be substituted for conditions 5 and 15 the conditions set out in Part II of Schedule 8;
ii
in condition 20.8, after the word “Regulations” there shall be inserted the words “or the RTTE Regulations”; and
iii
in condition 55.11, there shall be substituted for the words “Council Directive 91/263/EEC or Council Directive 93/97 EEC” the words “the Terminal Equipment Regulations or with the appropriate essential requirements of the RTTE Regulations”.
c
in Schedule 3 thereof for the definition of “Applicable Terminal Equipment” and “Compliant Terminal Equipment” there shall be substituted the definitions thereof set out in Part 1 of Schedule 8.
2
Each licence issued under section 7 of the Act which, other than by virtue of incorporation of the standard Schedules as defined in regulation 2 of the Standard Schedule Regulations, contains —
a
a definition or condition substantially in the same terms as any of those referred to in subparagraphs (a)(i), (b)(i) and (c) of paragraph (1) shall be modified by the substitution therefor of the equivalent set out in Part I or II of Schedule 8; or
b
a condition substantially in the same terms as condition 20.8 or 55.11 in Part 2 of Schedule 1 to the Standard Schedule Regulations shall be modified by the substitution therefor of a condition in the same terms as condition 20.8 or 55.11 amended in accordance with subparagraph (ii) or (iii) of paragraph (1)(b); or
c
a condition relating to Technical Requirements or Approval of Equipment shall be modified by the substitution therefor of the condition relating thereto set out in Part III of Schedule 8;
and in each such licence there shall be inserted in the appropriate place in alphabetical order the definitions set out in paragraph (1)(a)(ii) and (if no such definition is in the licence already) the definition of “Terminal Equipment Regulations” set out in Part 1 of Schedule 1 to the Standard Schedule Regulations.
PART IV
ENFORCEMENT
Enforcement Notices
18
1
Subject to paragraph (2), Schedule 9 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Except in the case of apparatus which, in the opinion of an enforcement authority, is liable to endanger the safety of persons and, where appropriate, of property, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to apparatus in relation to which any provision of these Regulations has not been complied with, it may serve notice in writing on —
a
the manufacturer of the apparatus or his authorised representative established within the Community; or
b
in a case where neither the manufacturer of the apparatus nor his authorised representative established within the Community has placed the apparatus on the market, the person who places it on the market in the United Kingdom;
and subject to paragraph (3), no other action pursuant to Schedule 9 may be taken in respect of apparatus until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
Notwithstanding the provisions of paragraph (2), for the purpose of ascertaining whether or not the CE marking has been correctly affixed, action may be taken pursuant to section 29 of the Consumer Protection Act 1987 as it is applied by Schedule 9.
4
A notice which is given under paragraph (2) shall —
a
state that the enforcement authority suspects that the CE marking has not been correctly affixed to the apparatus;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any apparatus to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking has been correctly affixed; and
d
warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under the Regulations in respect of that apparatus or apparatus of the same type placed on the market by that person.
Offences
19
Any person who —
a
contravenes or fails to comply with regulation 5(1) or 12; or
b
fails to supply or retain a copy of the appropriate documentation as required by regulation 9(3),
shall be guilty of an offence.
Penalties
20
1
A person guilty of an offence under regulation 19(a) shall be liable on summary conviction —
a
to imprisonment for a term not exceeding 3 months; or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
2
A person guilty of an offence under regulation 19(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
21
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 19 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided in paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided in paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
22
1
Where the commission by any person of an offence under regulation 19 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) 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.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Savings for action taken under other enactments
23
Nothing in these Regulations shall be construed as preventing the taking of any action in respect of any relevant apparatus under the provisions of any other enactment.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
9th March 2000


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 2000.
2
The Firearms Consultative Committee shall, following the expiry of the period of its existence specified in article 2 of the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 1996 , continue to exist for a period of two years beginning on 1st February 2000.
Charles Clarke
Minister of State
Home Office
27th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefits Up-rating and Miscellaneous Increases Regulations 2000 and shall come into force on 10th April 2000.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum of “£49.50” substitute the sum of “£58.50”.
Revocation
3
Regulation 5 of the Social Security Benefits Up-rating Regulations 1999 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
29th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Hillingdon (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Hillingdon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the London Borough of Hillingdon (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London Borough of Hillingdon
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines.
4
The number of councillors to be elected for the Harefield ward shall be two, and for each of the other wards shall be three.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Hillingdon (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th June 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 4) Order 2000.
2
In this Order references to sections and Schedules are, unless otherwise specified, references to sections of, and Schedules to, the Local Government Act 2000.
3
This Order applies in relation to England only.
Provisions coming into force on 26th October 2000
2
The following provisions shall come into force on 26th October 2000 —
a
sections 14 to 16, 21, 24, 26, 29 and 102;
b
sections 11, 13, 22, 25, 27, 28, 31, 33 and 37, except in so far as already in force;
c
paragraphs 1 to 5 of Schedule 1 and section 23 to the extent that it relates to those paragraphs;
d
section 39, except subsection (3), and except in so far as already in force;
e
section 46 and Schedule 3;
f
paragraphs 1 to 7, 16 to 23, 29 and 33 of Schedule 5;
g
in Schedule 6, the repeal of the following provisions in the Local Authority Social Services Act 1970 —
i
section 2(2);
ii
in section 3(1), the words “(hereafter in this Act referred to as “social services functions”)”; and
iii
section 6(5); and
h
section 107 to the extent that it relates to the paragraphs and repeals referred to in paragraphs (f) and (g) of this article.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
19th October 2000


text:
Citation, commencement and extent
1
1
This Order may be cited as the Lobsters and Crawfish (Prohibition of Fishing and Landing) Order 2000 and shall come into force on 17th April 2000.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 14 of the Sea Fish (Conservation) Act 1967 .
Interpretation
2
1
In this Order–
“crawfish” means crawfish of the species Palinurus elephas and Palinurus mauritanicus ;
“flap” in relation to the tail of a lobster or crawfish, means any part of the central three flaps of the tail fan of the lobster or crawfish including the telson with anus and left and right uropod immediately adjacent to the telson;
“lobster” means lobster of the species Homarus gammarus ;
“mutilated” in relation to a lobster or crawfish, means a lobster or crawfish which is mutilated in such a manner as to obscure a V notch; and
“V notch” means a marking in the shape of the letter “V” with a depth of at least 5 mm cut into at least one of the inner uropods of the tail fan of any lobster or crawfish, with the apex of the letter “V” positioned inward from the edge of the flap.
2
In this Order–
a
the term “within relevant British fishery limits” does not include:
i
the territorial sea adjacent to Wales;
ii
the territorial sea adjacent to the Isle of Man;
iii
the territorial sea adjacent to the Bailiwick of Jersey; and
iv
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
the term “any equivalent order” means any other order made under sections 5 or 6 of the Sea Fish (Conservation) Act 1967, extending to any part of the United Kingdom, which prohibits fishing for, or the landing in any part of the United Kingdom of:
i
a mutilated lobster,
ii
a mutilated crawfish,
iii
any lobster or crawfish bearing a V notch.
Fishing prohibition
3
1
This article applies to fishing for–
a
a mutilated lobster,
b
a mutilated crawfish, or
c
any lobster or crawfish bearing a V notch.
2
Fishing by–
a
a relevant British fishing boat registered in the United Kingdom wherever it may be; or
b
any other relevant British fishing boat within relevant British fishery limits,
is prohibited.
3
Fishing by a Scottish fishing boat within relevant British fishery limits is prohibited.
Landing prohibition
4
1
This article applies to–
a
a mutilated lobster,
b
a mutilated crawfish, or
c
any lobster or crawfish bearing a V notch
wherever caught.
2
The landing in England or Northern Ireland of any sea fish to which this article applies from a relevant British fishing boat or a Scottish fishing boat is prohibited.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of the enforcement of sections 5 and 6 of the Sea Fish (Conservation) Act 1967, as read with this Order or any equivalent order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to–
a
any relevant British fishing boat registered in the United Kingdom wherever it may be; and
b
any other relevant British fishing boat and any Scottish fishing boat in any waters adjacent to the United Kingdom and within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) or 6(5) of the Sea Fish (Conservation) Act 1967 as read with this Order or any equivalent order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order, or any equivalent order, has at any time taken place within British fishery limits he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd March 2000
John Reid
Secretary of State for Scotland
24th March 2000
Paul Murphy
Secretary of State for Wales
23rd March 2000
Peter Mandelson
Secretary of State for Northern Ireland
21st March 2000


text:
1
1
These Rules may be cited as the Merchant Shipping (Formal Investigations) (Amendment) Rules 2000 and shall come into force on 1st August 2000.
2
These Rules apply to any formal investigation held after they come into force, regardless of whether the accident occurred before then.
2
In rule 16(b) of the Merchant Shipping (Formal Investigations) Rules 1985 for the words “Lord Advocate” there shall be substituted the words “Advocate General for Scotland”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
16th June 2000


text:
Citation and commencement
1
This Order may be cited as the Tax Credits Up-rating Order 2000 and shall come into force on 11th April 2000.
Interpretation
2
In this Order–
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 and the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 and the Family Credit (General) Regulations (Northern Ireland) 1987 .
Working Families Tax Credit
3
In the Family Credit Regulations–
a
in regulation 46(4) (determination of appropriate maximum working families' tax credit) the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47(1) (applicable amount) for the sum of £90.00 there shall be substituted the sum of £91.45;
d
in Schedule 4 (determination of maximum working families' tax credit), the sums prescribed shall be as set out in Schedule 1 to this Order.
Disabled person’s tax credit
4
In the Disability Working Allowance Regulations–
a
in regulation 51(4) (determination of appropriate maximum disabled person’s tax credit) the capital sum prescribed is £3,000;
b
in regulation 51(4), (5) and (6) , the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 52(1) (applicable amount)–
i
in sub-paragraph (a) for the sum of £70.00 there shall be substituted the sum of £71.10;
ii
in sub-paragraph (b) for the sum of £90.00 there shall be substituted the sum of £91.45;
d
in Schedule 5 (determination of the appropriate maximum disabled person’s tax credit) the sums prescribed shall be as set out in Schedule 2 to this Order.
Transitional provisions
5
Notwithstanding the increases of the sums payable in respect of working families' tax credit and disabled person’s tax credit made by Articles 3 and 4, where a period of entitlement to working families' tax credit or disabled person’s tax credit is running at 11th April 2000, the rate at which it is payable shall be the weekly rate in force for the period prior to 11th April 2000 until the end of the period of entitlement.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seeds (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 1st August 2000.
Amendment of the Oil and Fibre Plant Seeds Regulations 1993
2
1
The Oil and Fibre Plant Seeds Regulations 1993 , in so far as they extend to England, shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) —
a
after the definition of “Common Catalogue” there shall be inserted the following definition —
“genetically modified” has the same meaning as for the purposes of Council Directive 90/220/ EEC on the deliberate release into the environment of genetically modified organisms;
;
b
the definition of “marketing” shall be deleted; and
c
for the definition of “official examination” there shall be substituted the following definition —
“official examination” means —
in relation to Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation, Certified Seed of the Third Generation or Commercial Seed produced in the United Kingdom —
an examination or a test carried out by or on behalf of the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
an examination carried out under official supervision; or
a test carried out by an establishment licensed as a seed testing station under official supervision;
in relation to Breeder’s Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom —
an examination or a test carried out by or on behalf of the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; or
a test carried out by an establishment licensed as a seed testing station under official supervision; and
in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
.
3
After paragraph (3) of regulation 3 there shall be inserted the following paragraphs —
3A
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
accompanied by a document validly issued by a competent authority in that member State or third country containing information specified at paragraph E(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.
3B
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
accompanied by a document validly issued by a competent authority in that member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph E(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.
3C
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
labelled appropriately in accordance with the requirements of regulation 9; and
c
in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, validly sealed by a competent authority in a member State other than the United Kingdom or a third country,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above
.
4
At the end of regulation 3 there shall be added the following paragraphs —
6
In these Regulations “marketing” means —
a
selling, holding with a view to sale and offering for sale; and
b
any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration,; and “market” and “marketed” shall be construed accordingly.
7
Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
a
the supply of seed to official testing and inspection bodies; or
b
the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied,
shall not be treated as marketing of seed of that variety.
.
5
In regulation 4 —
a
in paragraph (1), for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;
b
in paragraph (2), sub-paragraphs (b), (c) and (d) shall be revoked; and
c
paragraph (3) shall be revoked.
6
In regulation 5(1) —
a
in paragraph (ii) of sub-paragraph (b) for the words “Regulation 9(1)” there shall be inserted the words “regulation 9(1), (1B),”; and
b
after sub-paragraph (b) there shall be added the following sub-paragraph —
c
in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, or having been genetically modified.
.
7
After paragraph (1) of regulation 5 there shall be inserted the following paragraph —
1A
Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.
.
8
After paragraph (2) of regulation 5 there shall be inserted the following paragraphs —
2A
Where there is an arrangement under which —
a
seed, other than seed which contains any genetically modified material, under the control of one person is used by another person for the purpose of —
i
increasing the first person’s stock of the seed for sowing; or
ii
carrying out tests or trials on the seed; and
b
everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.
2B
The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.
2C
If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to —
a
the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;
b
the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or
c
the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.
2D
The conditions referred to in paragraph (2C) above are —
a
the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;
b
the seeds are accompanied during marketing by a copy of the consent;
c
all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC , have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and
d
in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the Minister in accordance with paragraph (2E) below to the person marketing the seed.
2E
An authorisation may be granted by the Minister for the purpose of paragraph (2D)(d) above if —
a
the person intending to market the seed has applied to the Minister no later than 15 working days before the seed is marketed —
i
giving the Minister notice of his intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; and
ii
giving the Minister such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC , and the proposed marketing in respect of which the authorisation is sought, as the Minister may require for the purposes of determining whether or not to grant the authorisation; and
b
the Minister is satisfied that an authorisation should be granted.
.
9
After paragraph (8) in regulation 5 there shall be inserted the following paragraphs —
8A
Oil and fibre plant seeds produced and packaged in a Member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are —
a
sealed and labelled as required by regulations 8 and 9; and
b
accompanied by an official document containing all the information in respect of the seeds specified at paragraph E of Part I of Schedule 6.
8B
A person who imports a package containing a net weight of more than 2 kilograms of oil and fibre plant seeds produced in a country other than another Member State shall make available to the Minister, in such manner and at such time as the Minister may require, the information in respect of the seeds specified in Part IV of Schedule 6.
.
10
In regulation 5(11) the words “may be imported but” shall be deleted.
11
In regulation 9 —
a
after paragraph (1A) there shall be inserted the following paragraph —
1B
If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.
; and
b
in paragraph (4A)(b) for the words “Part IV” there shall be substituted the words “Part V”; and
12
In Schedule 6 —
a
in Part II, paragraph (a)8 shall be revoked;
b
“Part IV” (Printing of specified matters on packages (whole-bag labelling)) shall be renumbered “Part V”; and
c
after Part III there shall be inserted the following part —
Part IV
Information in respect of seeds imported from third countries in packages more than 2 kilograms in net weight
1
Species.
2
Variety.
3
Category.
4
Country of production and official inspection authority.
5
Country of despatch.
6
Importer.
7
Quantity of seed.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
7th July 2000


text:
Part I
Interpretation Etc.
Citation, commencement and revocation
1
1
These Regulations may be cited as the Immigration (European Economic Area) Regulations 2000 and shall come into force on 2nd October 2000.
2
Subject to paragraph (3), the Immigration (European Economic Area) Order 1994 is hereby revoked.
3
Article 19 of the Order continues to have effect until the commencement of the repeal by the 1999 Act of the Immigration (Carriers' Liability) Act 1987 .
Interpretation of Regulations
General
2
1
In these Regulations —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1999 Act” means the Immigration and Asylum Act 1999;
“decision-maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);
“ EEA family permit” means a document issued to a person, in accordance with regulation 10 or 13, in connection with his admission to the United Kingdom;
“EEA national” means a national of an EEA State;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“economic activity” means activity as a worker or self-employed person, or as a provider or recipient of services;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearances;
“military service” means service in the armed forces of an EEA State;
“Regulation 1251/70” means Commission Regulation ( EEC ) No. 1251/70 on the right of workers to remain in the territory of a Member State after having been employed in that State ;
“residence document” means a document issued to a person who is not an EEA national, in accordance with regulation 10 or 15, as proof of the holder’s right of residence in the United Kingdom;
“residence permit” means a permit issued to an EEA national, in accordance with regulation 10 or 15, as proof of the holder’s right of residence in the United Kingdom;
“spouse” does not include a party to a marriage of convenience;
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties;
“visa national” means a person who requires a visa for the United Kingdom because he is a national or citizen of one of the countries or territorial entities for the time being specified in the immigration rules .
2
In these Regulations unless the context otherwise requires a reference to a regulation is a reference to a regulation of these Regulations; and within a regulation a reference to a paragraph is to a paragraph of that regulation.
“Worker”, “self-employed person”, “provider” and “recipient” of services, “self-sufficient person”, “retired person” and “student”
3
1
In these Regulations —
a
“worker” means a worker within the meaning of Article 39 of the EC Treaty;
b
“self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article 43 of the EC Treaty, or who seeks to do so;
c
“provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 50 of the EC Treaty;
d
“recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 50 of the EC Treaty;
e
“self-sufficient person” means a person who —
i
has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom; and
ii
is covered by sickness insurance in respect of all risks in the United Kingdom;
f
“retired person” means a person who —
i
has pursued an activity as an employed or self-employed person;
ii
is in receipt of —
aa
an invalidity or early retirement pension;
bb
old age benefits;
cc
survivor’s benefits; or
dd
a pension in respect of an industrial accident or disease;
sufficient to avoid his becoming a burden on the social security system of the United Kingdom; and
iii
is covered by sickness insurance in respect of all risks in the United Kingdom;
g
“student” means a person who —
i
is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course;
ii
assures the Secretary of State by means of a declaration, or by such alternative means as he may choose that are at least equivalent, that he has sufficient resources to avoid him becoming a burden on the social assistance system of the United Kingdom; and
iii
is covered by sickness insurance in respect of all risks in the United Kingdom.
2
For the purposes of paragraph (1)(e) and (f), resources or income are to be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance.
“Self-employed person who has ceased activity”
4
1
In these Regulations, “self-employed person who has ceased activity” means —
a
a person who —
i
on the day on which he terminates his activity as a self-employed person has reached the age at which he is entitled to a state pension;
ii
has pursued such activity in the United Kingdom for at least the twelve months prior to its termination; and
iii
has resided continuously in the United Kingdom for more than three years;
b
a person who —
i
has resident continuously in the United Kingdom for more than two years; and
ii
has terminated his activity as a self-employed person as a result of a permanent incapacity to work;
c
a person who —
i
has resided and pursued activity as a self-employed person in the United Kingdom;
ii
has terminated that activity as a result of a permanent incapacity to work; and
iii
such incapacity is the result of an accident at work or an occupational illness which entitles him to a pension payable in whole or in part by the state;
d
a person who —
i
has been continuously resident and continuously active as a self-employed person in the United Kingdom for three years; and
ii
is active as a self-employed person in the territory of an EEA State but resides in the United Kingdom and returns to his residence at least once a week.
2
But, if the person is the spouse of a United Kingdom national —
a
the conditions as to length of residence and activity in paragraph (1)(a) do not apply; and
b
the condition as to length of residence in paragraph (1)(b) does not apply.
3
For the purposes of paragraph (1)(a) and (b) periods of activity completed in an EEA State by a person to whom paragraph (1)(d)(ii) applies are to be considered as having been completed in the United Kingdom.
4
For the purposes of paragraph (1) —
a
periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service are not to be taken into account; and
b
periods of inactivity caused by circumstances outside the control of the self-employed person and periods of inactivity caused by illness or accident are to be treated as periods of activity as a self-employed person.
“Qualified person”
5
1
In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as —
a
a worker;
b
a self-employed person;
c
a provider of services;
d
a recipient of services;
e
a self-sufficient person;
f
a retired person;
g
a student; or
h
a self-employed person who has ceased activity;
or who is a person to whom paragraph (4) applies.
2
A worker does not cease to be a qualified person solely because —
a
he is temporarily incapable of work as a result of illness or accident; or
b
he is involuntarily unemployed, if that fact is duly recorded by the relevant employment office.
3
A self-employed person does not cease to be a qualified person solely because he is temporarily incapable of work as a result of illness or accident.
4
This paragraph applies to —
a
the family member of a qualified person referred to in paragraph (1)(h), if —
i
the qualified person has died; and
ii
the family member was residing with him in the United Kingdom immediately before his death;
b
the family member of a qualified person referred to in paragraph 1(b) where —
i
the qualified person has died;
ii
the family member resided with him immediately before his death; and
iii
either —
aa
the qualified person had resided continuously in the United Kingdom for at least the two years immediately before his death; or
bb
the death was the result of an accident at work or an occupational disease; or
cc
his surviving spouse is a United Kingdom national.
5
For the purposes of paragraph (4)(b), periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service are not to be taken into account.
“Family member”
6
1
In these Regulations, paragraphs (2) to (4) apply in order to determine the persons who are family members of another person.
2
If the other person is a student, the persons are —
a
his spouse; and
b
his dependent children.
3
If he is a self-sufficient or retired person, the persons are —
a
his spouse;
b
descendants of his or of his spouse who are under 21 or are their dependants; and
c
dependent relatives in his ascending line or that of his spouse.
4
In any other case, the persons are —
a
his spouse;
b
descendants of his or of his spouse who are under 21 or are their dependants;
c
dependent relatives in his ascending line or that of his spouse.
Interpretation of other legislation
Carriers' liability
7
For the purposes of satisfying a requirement to produce a visa under section 40(1)(b) of the 1999 Act (charges to carriers in respect of passengers without proper documents), a “valid visa of the required kind” includes a family permit or residence document required for admission as a visa national under regulation 12.
Persons not subject to restriction on the period for which they may remain
8
1
For the purposes of the 1971 Act and the British Nationality Act 1981 , the following are to be regarded as persons who are in the United Kingdom without being subject under the immigration laws to any restriction on the period for which they may remain —
a
a self-employed person who has ceased activity;
b
the family member of such a person who was residing with that person in the United Kingdom immediately before that person ceased his activity in the United Kingdom;
c
a family member to whom regulation 5(4) applies;
d
a person who has rights under Regulation 1251/70;
e
a person who has been granted permission to remain in the United Kingdom indefinitely.
2
However, a qualified person or family member who is not mentioned in paragraph (1) is not, by virtue of his status as a qualified person or the family member of a qualified person, to be so regarded for those purposes.
Part II
Scope of Regulations
General
9
Subject to regulations 10 and 11 (and to regulations 24(1), 25(1), 26(1) and 28) these Regulations apply solely to EEA nationals and their family members.
Dependants and members of the household of EEA nationals
10
1
If a person satisfies any of the conditions in paragraph (4), and if in all the circumstances it appears to the decision-maker appropriate to do so, the decision-maker may issue to that person an EEA family permit, a residence permit or a residence document (as the case may be).
2
Where a permit or document has been issued under paragraph (1), these Regulations apply to the holder of the permit or document as if he were the family member of an EEA national and the permit or document had been issued to him under regulation 13 or 15.
3
Without prejudice to regulation 22, a decision-maker may revoke (or refuse to renew) a permit or document issued under paragraph (1) if he decides that the holder no longer satisfies any of the conditions in paragraph (4).
4
The conditions are that the person —
a
is dependent on the EEA national or his spouse;
b
is living as part of the EEA national’s household outside the United Kingdom; or
c
was living as part of the EEA national’s household before the EEA national came to the United Kingdom.
5
However, for those purposes “EEA national” does not include —
a
an EEA national who is in the United Kingdom as a self-sufficient person, a retired person or a student;
b
an EEA national who, when he is in the United Kingdom, will be a person referred to in sub-paragraph (a).
Family members of United Kingdom nationals
11
1
If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national returning to the United Kingdom as if that person were the family member of an EEA national.
2
The conditions are that —
a
after leaving the United Kingdom, the United Kingdom national resided in an EEA State and —
i
was employed there (other than on a transient or casual basis); or
ii
established himself there as a self-employed person;
b
the United Kingdom national did not leave the United Kingdom in order to enable his family member to acquire rights under these Regulations and thereby to evade the application of United Kingdom immigration law;
c
on his return to the United Kingdom, the United Kingdom national would, if he were an EEA national, be a qualified person; and
d
if the family member of the United Kingdom national is his spouse, the marriage took place, and the parties lived together in an EEA State, before the United Kingdom national returned to the United Kingdom.
Part III
EEA Rights
Right of admission to the United Kingdom
12
1
Subject to regulation 21(1), an EEA national must be admitted to the United Kingdom if he produces, on arrival, a valid national identity card or passport issued by an EEA State.
2
Subject to regulation 21(1) and (2), a family member of an EEA national who is not himself an EEA national must be admitted to the United Kingdom if he produces, on arrival —
a
a valid national identity card issued by an EEA State, or a valid passport; and
b
either —
i
where the family member is a visa national or a person who seeks to be admitted to instal himself with a qualified person, a valid EEA family permit or residence document; or
ii
in all other cases (but only where required by an immigration officer) a document proving that he is a family member of a qualified person.
Issue of EEA family permit
13
1
An entry clearance officer must issue an EEA family permit, free of charge, to a person who applies for one if he is a family member of —
a
a qualified person; or
b
a person who is not a qualified person, where that person —
i
will be travelling to the United Kingdom with the person who has made the application within a year of the date of the application; and
ii
will be a qualified person on arrival in the United Kingdom.
2
But paragraph (1) does not apply if —
a
the applicant; or
b
the person whose family member he is
falls to be excluded from the United Kingdom on grounds of public policy, public security or public health.
Right of residence
14
1
A qualified person is entitled to reside in the United Kingdom, without the requirement for leave to remain under the 1971 Act, for as long as he remains a qualified person.
2
A family member of a qualified person is entitled to reside in the United Kingdom, without the requirement for such leave, for as long as he remains the family member of a qualified person.
3
A qualified person and the family member of such a person may reside and pursue economic activity in the United Kingdom notwithstanding that his application for a residence permit or residence document (as the case may be) has not been determined by the Secretary of State.
4
However, this regulation is subject to regulation 21(3)(b).
Part IV
Residence Permits and Documents
Issue of residence permits and residence documents
15
1
Subject to regulations 16 and 22(1), the Secretary of State must issue a residence permit to a qualified person on application and production of —
a
a valid identity card or passport issued by an EEA State; and
b
the proof that he is a qualified person.
2
Subject to regulation 22(1), the Secretary of State must issue a residence permit to a family member of a qualified person (or, where the family member is not an EEA national, a residence document) on application and production of —
a
a valid identity card issued by an EEA State or a valid passport;
b
in the case of a family member who required an EEA family permit for admission to the United Kingdom, such a permit; and
c
in the case of a person not falling within sub-paragraph (b), proof that he is a family member of a qualified person.
3
In the case of a worker, confirmation of the worker’s engagement from his employer or a certificate of employment is sufficient proof for the purposes of paragraph (1)(b).
Where no requirement to issue residence permit
16
1
The Secretary of State is not required to grant a residence permit to —
a
a worker whose employment in the United Kingdom is limited to three months and who holds a document from his employer certifying that his employment is so limited;
b
a worker who is employed in the United Kingdom but who resides in the territory of an EEA State and who returns to his residence at least once a week;
c
a seasonal worker whose contract of employment has been approved by the Department for Education and Employment; or
d
a provider or recipient of services if the services are to be provided for no more than three months.
2
The requirement in paragraph (1)(a) to hold a document does not apply to workers coming within the provisions of Council Directive 64/224/EEC of 25 February 1964 concerning the attainment of freedom of establishment and freedom to provide services in respect of activities of intermediaries in commerce, industry and small craft industries .
Form of residence permit and residence document
17
1
The residence permit issued to a worker or a worker’s family member who is an EEA national must be in the following form:
Residence Permit for a National of an EEA State
This permit is issued pursuant to Regulation (EEC) No 1612/68 of the Council of the European Communities of 15 October 1968 and to the measures taken in implementation of the Council Directive of 15 October 1968 .
In accordance with the provisions of the above-mentioned Regulation, the holder of this permit has the right to take up and pursue an activity as an employed person in the territory of the United Kingdom under the same conditions as United Kingdom national workers.
.
2
A residence document issued to a family member who is not an EEA national may take the form of a stamp in that person’s passport.
Duration of residence permit
18
1
Subject to the following paragraphs and to regulations 20 and 22(2), a residence permit must be valid for at least five years from the date of issue.
2
In the case of a worker who is to be employed in the United Kingdom for less than twelve but more than three months, the validity of the residence permit may be limited to the duration of the employment.
3
In the case of a seasonal worker who is to be employed for more than three months, the validity of the residence permit may be limited to the duration of the employment if the duration is indicated in the document confirming the worker’s engagement or in a certificate of employment.
4
In the case of a provider or recipient of services, the validity of the residence permit may be limited to the period during which the services are to be provided.
5
In the case of a student, the residence permit is to be valid for a period which does not exceed the duration of the course of study; but where the course lasts for more than one year the validity of the residence permit may be limited to one year.
6
In the case of a retired person or a self-sufficient person, the Secretary of State may, if he deems it necessary, require the revalidation of the residence permit at the end of the first two years of residence.
7
The validity of a residence permit is not to be affected by absence from the United Kingdom for periods of no more than six consecutive months or absence from the United Kingdom on military service.
Renewal of residence permit
19
1
Subject to paragraphs (2) and (3) and to regulations 20 and 22(2), a residence permit must be renewed on application.
2
On the occasion of the first renewal of a worker’s residence permit the validity may be limited to one year if the worker has been involuntarily unemployed in the United Kingdom for more than one year.
3
In the case of a student whose first residence permit is limited to one year by virtue of regulation 18(5), renewal may be for periods limited to one year.
Duration and renewal of residence permit or residence document granted to a family member
20
The family member of an EEA national is entitled to a residence permit or residence document of the same duration as the residence permit granted to the qualified person of whose family he is a member; and the family member’s residence permit or residence document is subject to the same terms as to renewal.
Part V
Withdrawal of EEA Rights
Exclusion and removal from the United Kingdom
21
1
A person is not entitled to be admitted to the United Kingdom by virtue of regulation 12 if his exclusion is justified on grounds of public policy, public security or public health.
2
A person is not entitled to be admitted to the United Kingdom by virtue of regulation 12(2) if, at the time of his arrival, he is not the family member of a qualified person.
3
A person may be removed from the United Kingdom —
a
if he is not, or has ceased to be —
i
a qualified person; or
ii
the family member of a qualified person;
b
if he is a qualified person or the family member of such a person, but the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health.
Refusal to issue or renew residence permit or residence document, and revocation of residence permit, residence document or EEA family permit
22
1
The Secretary of State may refuse to issue a residence permit or residence document (as the case may be) if the refusal is justified on grounds of public policy, public security or public health.
2
The Secretary of State may revoke, or refuse to renew, a residence permit or residence document if —
a
the revocation or refusal is justified on grounds of public policy, public security or public health; or
b
the person to whom the residence permit or residence document was issued —
i
is not, or has ceased to be, a qualified person;
ii
is not, or has ceased to be, the family member of a qualified person.
3
An immigration officer may, at the time of the arrival in the United Kingdom of a person who is not an EEA national, revoke that person’s residence document if he is not at that time the family member of a qualified person.
4
An immigration officer may, at the time of a person’s arrival in the United Kingdom, revoke that person’s EEA family permit if —
a
the revocation is justified on grounds of public policy, public security or public health; or
b
the person is not at that time the family member of a qualified person.
Public policy, public security and public health
23
Decisions taken on grounds of public policy, public security or public health (“the relevant grounds”) must be taken in accordance with the following principles —
a
the relevant grounds must not be invoked to secure economic ends;
b
a decision taken on one or more of the relevant grounds must be based exclusively on the personal conduct of the individual in respect of whom the decision is taken;
c
a person’s previous criminal convictions do not, in themselves, justify a decision on grounds of public policy or public security;
d
a decision to refuse admission to the United Kingdom, or to refuse to grant the first residence permit or residence document, to a person on the grounds that he has a disease or disability may be justified only if the disease or disability is of a type specified in Schedule 1 to these Regulations;
e
a disease or disability contracted after a person has been granted a first residence permit or first residence document does not justify a decision to refuse to renew the permit or document or a decision to remove him;
f
a person is to be informed of the grounds of public policy, public security or public health upon which the decision taken in his case is based unless it would be contrary to the interests of national security to do so.
Part VI
Application of the 1971 Act and the 1999 Act
Persons claiming right of admission
24
1
This regulation applies to a person who claims a right of admission to the United Kingdom under regulation 12 as —
a
the family member of an EEA national, where he is not himself an EEA national; or
b
an EEA national, where there is reason to believe that he may fall to be excluded from the United Kingdom on grounds of public policy, public security or public health.
2
A person to whom this regulation applies is to be treated as if he were a person seeking leave to enter the United Kingdom under the 1971 Act and paragraphs 2 to 4, 7, 16 to 18 and 21 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control on entry etc ) apply accordingly, except that —
a
the reference in paragraph 2(1) to the purpose for which the immigration officer may examine any persons who have arrived in the United Kingdom is to be read as a reference to the purpose of determining whether he is a person who is to be granted admission under these Regulations; and
b
the references in paragraph 4(2A) and in paragraph 7 to a person who is, or may be, given leave to enter are to be read as references to a person who is, or may be, granted admission under these Regulations.
3
For so long as a person to whom this regulation applies is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to the 1971 Act, he is deemed not to have been admitted to the United Kingdom.
Persons refused admission
25
1
This regulation applies to a person who is in the United Kingdom and has been refused admission to the United Kingdom —
a
because he does not meet the requirements of regulation 12 (including where he does not meet those requirements because his residence document or EEA family permit has been revoked by an immigration officer in accordance with regulation 22); or
b
in accordance with regulation 21(1) or (2).
2
A person to whom this regulation applies is to be treated as if he were a person refused leave to enter under the 1971 Act, and the provisions set out in paragraph (3) apply accordingly.
3
Those provisions are —
a
paragraphs 8, 10, 11, 16 to 18 and 21 to 24 of Schedule 2 to the 1971 Act;
b
paragraph 19 of Schedule 2 to the 1971 Act, except that the reference in that paragraph to a certificate of entitlement, entry clearance or work permit is to be read as a reference to an EEA family permit or residence document; and
c
sections 67 and 68 of the 1999 Act (appeal concerning objection to removal destination), except that the reference in section 68(1)(b) to a person who held a current entry clearance or was a person named in a current work permit is to be read as a reference to a person who held an EEA family permit or residence document.
Persons subject to removal
26
1
This regulation applies to a person whom it has been decided to remove from the United Kingdom in accordance with regulation 21(3).
2
Where the decision is under sub-paragraph (a) of regulation 21(3), the person is to be treated as if he were a person to whom section 10(1)(a) of the 1999 Act applied, and section 10 of that Act (removal of certain persons unlawfully in the United Kingdom) is to apply accordingly.
3
Where the decision is under sub-paragraph (b) of regulation 21(3), the person is to be treated as if he were a person to whom section 3(5)(a) of the 1971 Act (liability to deportation) applied, and section 5 of that Act (procedure for deportation) and Schedule 3 to that Act (supplementary provisions as to deportation) are to apply accordingly.
Part VII
Appeals
Interpretation of Part VII
27
1
In this Part —
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“adjudicator” and “Commission” have the same meaning as in the 1999 Act;
“Refugee Convention” has the same meaning as in the 1999 Act.
2
In this Part, “EEA decision” means a decision under these Regulations, or under Regulation 1251/70, which concerns a person's —
a
removal from the United Kingdom;
b
entitlement to be admitted to the United Kingdom; or
c
entitlement to be issued with or to have renewed, or not to have revoked, a residence permit or residence document.
3
For the purposes of this Part, a decision-maker acts in breach of a person’s human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998 .
Scope of Part VII
28
This Part applies to persons who have, or who claim to have, rights under these Regulations or under Regulation 1251/70.
Appeal rights
29
1
Subject to section 80(12) of the 1999 Act (requirement to produce a valid national identity card or passport), and to regulation 33, a person may appeal under these Regulations against an EEA decision.
2
Such an appeal may in particular be made on the ground that, in taking the decision, the decision-maker acted in breach of that person’s human rights.
3
Except where an appeal lies to the Commission as a result of regulation 31, an appeal under these Regulations lies to an adjudicator.
4
Schedule 4 to the 1999 Act (appeals), to the extent (and with the modifications) set out in Schedule 2 to these Regulations, has effect in relation to appeals to the adjudicator under these Regulations.
Out-of-country appeals
30
1
Regulation 29 does not entitle a person to appeal while he is in the United Kingdom against an EEA decision —
a
to refuse to admit him to the United Kingdom;
b
to refuse to revoke a deportation order made against him;
c
to refuse to issue him with an EEA family permit.
2
Paragraph (1) also applies to a decision to remove someone from the United Kingdom which is consequent upon a refusal to admit him.
3
But paragraphs (1)(a) and (2) do not apply —
a
where the right of appeal is to the Commission;
b
where a ground of the appeal is that, in taking the decision, the decision-maker acted in breach of the appellant’s human rights; or
c
where the person held an EEA family permit, or a residence permit or residence document, on his arrival in the United Kingdom.
Appeals to the Commission
31
1
An appeal in respect of an EEA decision mentioned in regulation 27(2)(a) lies to the Commission where paragraph (2) applies.
2
This paragraph applies if the ground of the decision to remove the person concerned was that his removal is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature.
3
An appeal in respect of an EEA decision mentioned in regulation 27(2)(b) lies to the Commission where paragraph (4) applies.
4
This paragraph applies if —
a
the Secretary of State certifies that directions have been given by the Secretary of State (and not by a person acting under his authority) for the person concerned not to be admitted to the United Kingdom on the ground that his exclusion is conducive to the public good; or
b
admission was refused in compliance with any such directions.
5
An appeal in respect of an EEA decision mentioned in regulation 27(2)(c) lies to the Commission where paragraph (6) applies.
6
This paragraph applies where the decision was taken in connection with an EEA decision mentioned in regulation 27(2)(a) or (b) in respect of which an appeal lies to the Commission in accordance with this regulation.
Amendments to the 1997 Act
32
1
The 1997 Act is amended as follows.
2
In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute —
1
A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under Part IV of the Immigration and Asylum Act 1999 (“the 1999 Act”) but for a public interest provision.
1A
Subsection (1) does not apply to an appeal under section 59(2) of the 1999 Act.
1B
“Public interest provision” means any of sections 60(9), 62(4), 64(1) or (2) or 70(1) to (6) of the 1999 Act.
1C
A reference in this Act to an appeal under this section includes a reference to an appeal under regulation 29(1) of the Immigration (European Economic Area) Regulations 2000 (other than on the ground mentioned in paragraph (2) of that regulation) which lies to the Commission as a result of regulation 31 of those Regulations.
.
3
In section 2A (jurisdiction: human rights , after subsection (6) insert —
7
“Appealable decision” means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act but for a public interest provision.
8
“The 1999 Act” and “public interest provision” have the same meaning as in section 2.
9
A reference in this Act to an appeal under this section includes a reference to an appeal under regulation 29(1) of the Immigration (European Economic Area) Regulations 2000, on the ground mentioned in paragraph (2) of that regulation, which lies to the Commission as a result of regulation 31 of those Regulations.
.
4
Schedule 14 to the 1999 Act (consequential amendments) is amended as follows —
a
paragraph 119 is repealed;
b
paragraph 121 is repealed in so far as it relates to the insertion of subsections (7) and (8) of section 2A in the 1997 Act.
Proof of family membership
33
Where for the purposes of an appeal under these Regulations a person claims to be the family member of another person, he must produce —
a
an EEA family permit; or
b
other proof that he is related as claimed to that other person.
Effects of appeals to the adjudicator
34
1
If a person in the United Kingdom appeals under regulation 29 against an EEA decision to refuse to admit him to the United Kingdom, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
2
If a person appeals under regulation 29 against an EEA decision to remove him from the United Kingdom, any directions given under section 10 of the 1999 Act or Schedule 3 of the 1971 Act for his removal from the United kingdom are to have no effect, except in so far as they have already been carried out, while the appeal is pending.
3
But the provisions of Part I of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under regulation 29 against a refusal to admit him or a decision to remove him as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
4
In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for —
a
the giving of directions under that paragraph for the removal of a person from the United Kingdom, and
b
the giving of a notice of intention to give such directions,
any period during which there is pending an appeal by him under regulation 29 is to be disregarded.
5
If a person appeals under regulation 29 against an EEA decision to remove him from the United Kingdom, a deportation order is not to be made against him under section 5 of the 1971 Act while the appeal is pending.
6
Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) applies to a person who has an appeal pending under regulation 29 as it applies to a person who has an appeal pending under section 59, 65, 66, 67, 69(1) or (5) or 71 of the 1999 Act.
7
For the purposes of this regulation, and subject to paragraphs (8) and (9), an appeal is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
8
An appeal is not to be treated as finally determined while a further appeal may be brought; and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
9
A pending appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
10
This regulation does not apply to an appeal which lies to the Commission as a result of regulation 31.
Transitional provisions (EEA decisions)
35
1
Regulation 29 does not have effect in relation to an EEA decision made before 2nd October 2000.
2
Notwithstanding the revocation of the Immigration (European Economic Area) Order 1994 by regulation 1(2) —
a
articles 15(1) and 20(2)(b) of the Order continue to have effect where the decision to exclude a person from the United Kingdom was made before 2nd October 2000;
b
articles 15(2) and 20(2)(d) continue to have effect where the decision to remove a person from the United Kingdom was made before 2nd October 2000;
c
articles 18 and 20(2)(c) continue to have effect where the decision to refuse or withdraw a residence permit or residence document was made before 2nd October 2000.
Transitional provisions (the 1997 Act)
36
1
Regulation 32 does not have effect in relation to any decision made before 2nd October 2000.
2
In relation to such decisions, section 2(1) of the 1997 Act continues to have effect without the amendments made by regulation 32.
3
Section 2(1)(c) of the 1997 Act (appeals against a decision to make a deportation order) continues to have effect without the amendments made by regulation 32 in relation to any person —
a
who applied during the regularisation period fixed by section 9 of the 1999 Act, in accordance with the Immigration (Regularisation Period for Overstayers) Regulations 2000 , for leave to remain in the United Kingdom; and
b
on whom the Secretary of State has since served a notice of his decision to make a deportation order.
4
In the case of an appeal in respect of which section 2(1)(b) of the 1997 Act (appeals against variation of limited leave or refusal to vary it) continues to have effect in accordance with paragraph (2), section 7A(7) of the 1997 Act (pending appeals) applies as if the reference to section 62(3) of the 1999 Act were a reference to section 14(3) of the 1971 Act.
5
In the case of an appeal in respect of which section 2(1) of the 1997 Act continues to have effect in accordance with paragraph (2) or (3), Schedule 2 of the 1997 Act (supplementary provisions as to appeals) has effect without the amendments made by the 1999 Act .
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
30th August 2000