text:
PART 1 Preliminary
Title, application and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (England) Regulations 2008, apply in relation to England only and come into force —
a
for the purposes of regulation 29(c) on 1st July 2008;
b
for all other purposes on 1st May 2008.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the 1998 Regulations ” means the Plastic Materials and Articles in Contact with Food Regulations 1998 ;
“the 2007 Regulations ” means the Materials and Articles in Contact with Food (England) Regulations 2007 ;
“ Directive 82/711 ” means Council Directive 82/711/ EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 85/572 ” means Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs ;
“ Directive 88/388 ” means Council Directive 88/388/EEC on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production ;
“ Directive 89/107 ” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised in foodstuffs intended for human consumption ;
“the Purity Directives ” means Commission Directive 95/31/ EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs , Commission Directive 95/45/EC laying down purity criteria concerning colours for use in foodstuffs and Commission Directive 96/77/EC laying down specific purity criteria for food additives other than colours or sweeteners ;
“ the Directive ” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs ;
“ Regulation 1935/2004 ” means Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC ;
“ Regulation 1895/2005 ” means Commission Regulation (EC) No 1895/2005 on the restriction of use of certain epoxy derivatives in materials and articles intended to come into contact with food ;
“authorised officer” means any person, whether or not an officer of the enforcement authority, who is authorised by it in writing to act in matters arising under these Regulations;
“ BADGE ” has the meaning given in Article 1(1)(a) of Regulation 1895/2005;
“ BFDGE ” has the meaning given in Article 1(1)(b) of Regulation 1895/2005;
“business” is to be construed in accordance with section 1(3) of the Act;
“capable” means capable as established under regulation 13;
“ EFSA ” means the European Food Safety Authority;
“enforcement authority” means an authority having responsibility under regulation 15 for executing and enforcing these Regulations;
“fatty foods” means foods for which, in migration testing, simulant D is specified in Directive 85/572/EEC ;
“food” is to be construed in accordance with section 16(5) of the Act;
“good technical quality” means good technical quality as regards the purity criteria;
“handling of food” means use in connection with the storage, preparation, packaging, sale or serving of food;
“import” means import in the course of a business;
“infants” means children under the age of twelve months;
“material or article” means a material or article falling within the definition of materials and articles in Article 1(2) of Regulation 1895/2005;
“monomer” means any substance that is included for the purposes of the Directive among monomers and other starting substances;
“ NOGE ” has the meaning given in Article 1(1)(c) of Regulation 1895/2005;
“plastic functional barrier” means a barrier consisting of one or more layers of plastics which ensures that the finished material or article complies with Article 3 of Regulation 1935/2004 and with the Directive;
“plastic material or article” means anything which for the purposes of the Directive is included among those plastic materials and articles and parts thereof to which the Directive applies;
“plastic multi-layer material or article” means a plastic material or article composed of two or more layers of materials each consisting exclusively of plastics, which are bound together by means of adhesives or other means;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly;
“young children” means children aged between one and three years.
2
For the purposes of these Regulations the supply otherwise than on sale, in the course of a business, of any material or article is deemed to be a sale.
3
Any other expression used in these Regulations and in the Directive, Directive 82/711, Directive 85/572 or Regulation 1895/2005 bears the same meaning in these Regulations as it bears in that Directive or Regulation.
4
Except in regulation 11(3) and in Part 5 of Schedule 3, any reference to a numbered Annex is a reference to that Annex to the Directive.
5
Any reference to an Annex to the Directive is a reference to that Annex as amended from time to time.
PART 2 Requirements for Materials and Articles
Restriction on the use, sale or import of plastic materials and articles
3
1
No person may —
a
use for the handling of food in the course of a business;
b
sell for the purpose of handling of food; or
c
import from anywhere other than an EEA State for the purpose of handling of food,
a plastic material or article which fails to meet the required standard.
2
For the purposes of this regulation a plastic material or article fails to meet the required standard if —
a
it has been manufactured with a prohibited monomer as described in regulation 4(2) or a prohibited additive as described in regulation 5(2); or
b
it does not meet the required standards set out in regulation 6, 7, 8, 9, 10 or 11.
Restriction on the use of monomers in the manufacture of plastic materials and articles
4
1
Subject to paragraphs (3), (4) and (5), no person may use any prohibited monomer in the manufacture of any plastic material or article.
2
A prohibited monomer is any monomer which is not —
a
of good technical quality;
b
identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Sections A or B of Annex II ; and
c
used in accordance with any restrictions and specifications for that monomer set out or referred to in column 4 of those Sections.
3
Paragraph (1) does not apply to the use of a monomer in the manufacture of any —
a
surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including but not limited to varnishes, lacquers and paints;
b
epoxy resins;
c
adhesives and adhesion promoters; or
d
printing inks.
4
Paragraph (1) shall not be taken to prohibit the manufacture of any plastic material or article with any substance if the substance in question is a mixture which falls within paragraph 3(c) (relating to mixtures of authorised substances) of Annex II and is of good technical quality.
5
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with paragraph (1) because it was manufactured with any monomer (whether or not of good technical quality) other than one mentioned in paragraph (2)(b) it shall be a defence for the person accused to prove that each such monomer —
a
is present in the finished plastic material as an impurity, a reaction intermediate or a decomposition product which falls within paragraph 3(a) of Annex II, or
b
is an oligomer or a natural or synthetic macromolecular substance or a mixture thereof which falls within paragraph 3(b) of that Annex,
and is of good technical quality.
6
Schedule 1 has effect to supplement this regulation.
Restriction on the use of additives in the manufacture of plastic materials and articles
5
1
Subject to paragraph (3) no person may use in the manufacture of any plastic material or article any prohibited additive.
2
A prohibited additive is —
a
any additive identified by PM/REF No, CAS No (if any) and name in columns 1, 2 and 3 respectively of Section A or B of Annex III which —
i
is not of good technical quality, or
ii
is not used in accordance with any restrictions and specifications for that additive set out in the corresponding entry in column 4 of Section A or B of that Annex; or
b
any food additive authorised by Directive 89/107 or any flavouring authorised by Directive 88/388 that migrates into food —
i
in a quantity that has a technological function in the final food product, or
ii
where the food is of a type for which the use of any such food additive or flavouring is so authorised, in quantities exceeding the limits provided for in Directive 89/107 or Directive 88/388 as appropriate, or in Annex III, whichever is the lower.
3
In any proceedings for an offence under these Regulations where it is alleged that the commission of the offence is due to the manufacture of a plastic material or article with any additive identified in Section A or B of Annex III which is not of good technical quality, it shall be a defence for the person accused to prove that each such additive is present in the finished plastic material or article as an impurity, a reaction intermediate or a decomposition product.
4
Schedule 1 has effect to supplement this regulation.
Required standard for non-migration of constituents of monomers
6
1
Subject to paragraphs (2) and (3), where a migration limit expressed in mg/ kg is indicated in column 4 of the relevant section of Section A or B of Annex II in relation to any monomer, a plastic material or article manufactured from that monomer meets the required standard under this regulation if it is not capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams expressed in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured from any monomer for which a migration limit in mg/kg is expressed in column 4 of Section A or B of Annex II is not deemed to be capable of transferring constituents of that monomer to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(5) applies.
3
For plastic materials or articles brought or intended to be brought into contact with food for infants and young children the migration limits referred to in paragraph (1) shall always be applied in mg/kg.
Required standard for non-migration of constituents of additives
7
1
Subject to paragraphs (2) and (3), where a migration limit expressed in mg/kg is indicated in column 4 of Section A or B of Annex III in relation to any additive, a plastic material or article manufactured containing that additive meets the required standard under this regulation if it is not capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit, and for the purposes of this paragraph the appropriate limit is —
a
the number of milligrams indicated in column 4 released per kilogram of food in the case of any plastic material or article other than one specified in sub-paragraph (b); and
b
one sixth of the number of milligrams expressed in column 4 per square decimetre of surface area of the plastic material or article if the plastic material or article comprises —
i
an article which is a container or is comparable to a container or can be filled, having a capacity of less than 500 millilitres or more than 10 litres, or
ii
sheet, film or other plastic material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of the material or article in question and the quantity of food in contact with that surface area.
2
A plastic material or article manufactured containing an additive for which a migration limit in mg/kg is expressed in column 4 of Section A or B of Annex III is not deemed to be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact in quantities exceeding the appropriate limit in paragraph (1) if the only food with which that plastic material or article may come into contact is food to which regulation 9(5) applies.
3
For plastic materials or articles brought or intended to be brought into contact with food for infants and young children the migration limits referred to in paragraph (1) shall always be applied in mg/kg.
Required standard for products obtained by bacterial fermentation
8
A product obtained by bacterial fermentation meets the required standard under this regulation if it is —
a
of good technical quality;
b
identified by PM/REF No, CAS No and name in columns 1, 2 and 3 respectively of Annex IV ; and
c
in compliance with the restrictions and specifications set out in column 4 of that Annex.
Required standards relating to overall migration limits
9
1
Subject to paragraph (5), a plastic material or article meets the required standard under this regulation if it is not capable of transferring its constituents to food with which it may come into contact in quantities exceeding the appropriate limit specified in paragraphs (2) to (4).
2
Subject to paragraph (4), in the case of any plastic material or article comprising —
a
an article which is a container or comparable to a container or can be filled, with a capacity of less than 500 millilitres or more than 10 litres; or
b
sheet, film or any other material or article which cannot be filled or for which it is impracticable to estimate the relationship between the surface area of such material or article and the quantity of food in contact with it,
the appropriate limit is an overall migration limit of 10 milligrams per square decimetre of the surface area of the plastic material or article.
3
In the case of any other plastic material or article, the appropriate limit is an overall migration limit of 60 milligrams of the constituents released per kilogramme of food or food stimulant.
4
For plastic materials or articles intended to be brought into contact or already in contact with food intended for infants and young children, the appropriate limit is always that specified in paragraph (3).
5
For the purposes of this regulation a plastic material or article is not deemed to fail to meet the required standard under paragraph (1) if the only food with which that material or article may come into contact is food —
a
which is specified in the table to Part 4 of Schedule 3; and
b
where there is no “X” placed anywhere in the group of columns headed “Simulants to be used” opposite that food.
6
In any proceedings for an offence under these Regulations where it is alleged that a plastic material or article does not comply with this regulation, the defence available in paragraph 10(2) of Schedule 2 is available as specified in that paragraph.
Required standard for non-migration of primary aromatic amines
10
1
Subject to paragraph (4), a plastic material or article manufactured using primary aromatic amines meets the required standard under this regulation if it is not capable of transferring such amines (expressed as aniline) in a detectable quantity to food with which that plastic material or article may come into contact
2
Part B of Annex V has effect for the purpose of prescribing, for certain items listed in Section A or B of Annex II, Section A or B of Annex III, or Annex IV, the specifications for those items that are referred to in column 4 of the Annex or Section of Annex concerned.
3
For the purposes of paragraph (1) a detectable quantity means at least 0.01 milligrams per kilogram of food or food simulant.
4
The requirement in paragraph (1) does not apply to primary aromatic amines listed in the Directive.
Required standard relating to plastic multi-layer materials and articles
11
1
Subject to paragraph (2), a plastic multi-layer material or article meets the required standard if each layer of which it is composed complies with these Regulations.
2
A layer which is not in direct contact with food and is separated from such contact by a plastic functional barrier is not obliged to comply with the requirements of these Regulations provided that —
a
the finished material or article complies with the relevant specific and overall migration limits; and
b
if any substance used in the manufacture of the layer is not included in the Directive or in national lists referred to in that Directive, that substance meets the requirements of paragraphs (3) and (4).
3
A substance mentioned in paragraph (2)(b) must not belong to the category of those classified —
a
as proved or suspect “carcinogenic”, “mutagenic” or “toxic to reproduction” substances in Annex I to Directive 67/548/EEC , or
b
under the self-responsibility criteria as “carcinogenic”, “mutagenic” or “toxic to reproduction” substances according to the rules of Annex VI to that Directive.
4
The migration of a substance mentioned in paragraph (2)(b) into a food or simulant must not exceed 0.01 mg/kg, measured and expressed in accordance with the requirements and specifications contained in Article 7a(3) of the Directive.
Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)
12
1
In this regulation —
a
any reference to a numbered Article is a reference to that Article in Regulation1895/2005;
b
paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines); and
c
for the purpose of Article 6(4) (requirement to disclose date of filling) the competent authority is the authority identified in regulation 15.
2
Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), no person may —
a
manufacture,
b
use for the handling of food in the course of a business,
c
sell for the purpose of the handling of food, or
d
import for the purpose of the handling of food
any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).
3
No person may manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).
4
Subject to Article 6(1), no person may —
a
use for the handling of food in the course of a business,
b
sell for the purpose of the handling of food, or
c
import for the purpose of the handling of food
any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.
5
Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), no person shall contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
6
No person shall without reasonable excuse fail to comply with a request made under Article 6(4).
Method of testing the capability of plastic materials or articles to transfer constituents, and methods of analysis
13
1
A plastic material or article shall be treated as capable of transferring constituents to food with which it may come into contact to the extent that such capability is established —
a
in any case other than one to which sub-paragraph (b) or (c) applies, and subject to Article 8(4) of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedule 2 (including the analytical tolerances referred to in paragraph 12 of that Schedule) and Schedule 3;
b
in any case where the extent to which vinyl chloride, as identified in Section A of Annex II, is capable of such transfer falls to be established, by the method referred to in regulation 9(2) of the 2007 Regulations; or
c
in any case where the extent to which a phthalate listed in Section B of Annex III with PM reference number 74640, 74880, 74560, 75100 or 75105 is capable of such transfer falls to be established, by the method referred to in Article 8(5) of the Directive.
2
In Schedules 2 and 3, references to migration or release of a substance are to be construed as references to the transfer of constituents to the food or simulant representing the food with which the substance may come into contact.
3
The specific migration of a constituent from a plastic material or article shall where applicable be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II.
4
The quantity of a constituent in a plastic material or article shall where applicable be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II relating to the term “QM(T)”, “QMA(T)” or, as the case may be, “QMA”.
Labelling and documentation
14
1
At marketing stages other than the retail stage a person who places on the market any plastic material or article or any substance intended for the manufacture of a plastic material or article must ensure that the plastic material or article or substance is accompanied by a written declaration which —
a
accords with Article 16(1) of Regulation (EC) No. 1935/2004 ;
b
contains the information specified in Schedule 4.; and
c
complies with paragraph (2).
2
A written declaration made under paragraph (1) must be revised when substantial changes in the production of a plastic material or article for which the declaration is issued bring about changes in the migration or when new scientific information is available.
3
A person mentioned in paragraph (1) must make available to the enforcement authority on request appropriate documentation to demonstrate that the plastic material or article or substance intended for its manufacture complies with the requirements of these Regulations.
4
The documentation referred to in paragraph (3) shall contain the conditions and results of testing, calculations, other analysis, and evidence on the safety or reasoning demonstrating compliance.
PART 3 Execution and Enforcement
Enforcement
15
Each food authority in its area and each port health authority in its district shall execute and enforce —
a
the provisions of Regulation 1895/2005 mentioned in regulation 12, and
b
these Regulations.
Offences and Penalties
16
1
Any person who —
a
contravenes or fails to comply with regulation 3(1), 4(1), 5(1), 12(2) to (5) or 14(1);
b
intentionally obstructs any person acting in the execution of Regulation 1895/2005 or these Regulations;
c
contravenes regulation 12(6), 14(3) or 21(3) or, without reasonable excuse, otherwise fails to give to any person acting in the execution of Regulation 1895/2005 or these Regulations any assistance or information which that person may reasonably require; or
d
in purported compliance with any requirement mentioned in sub-paragraph (c), knowingly or recklessly supplies information that is false or misleading in any material particular,
is guilty of an offence.
2
Anyone guilty of an offence under these Regulations is liable —
a
in the case of an offence under paragraph (1)(a) or (d) —
i
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;
ii
on summary conviction to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or both;
b
in the case of any other offence under these Regulations, on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level five on the standard scale or both.
3
Nothing in paragraph (1)(c) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.
Offences by corporate bodies or Scottish partnerships
17
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person purporting to act in such a capacity,
that individual as well as the body corporate shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
2
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a partner, that partner as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Time limit for prosecutions
18
No prosecution for an offence under these Regulations shall be begun after the expiry of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
Offences due to the act or default of a third party
19
Where the commission by a person (A) of an offence under these Regulations is due to the act or default of some other person (B), person B shall be guilty of the offence and may be charged with and convicted of the offence whether or not proceedings are taken against person A.
Defence of exercising due diligence etc
20
1
In any proceedings for an offence under these Regulations it shall, subject to paragraph (5), be a defence to prove that the person accused (“the accused”) took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by the accused or by a person under the control of the accused.
2
Without prejudice to the generality of paragraph (1), a person accused of an offence under these Regulations who did not —
a
prepare the plastic material or article or, as the case may be, the material or article in respect of which the offence is alleged to have been committed; nor
b
import it into the United Kingdom,
shall be taken to have established the defence provided by paragraph (1) if the requirements of paragraphs (3) and (4) are satisfied.
3
The requirements of this paragraph are satisfied if it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reliance on information supplied by such a person;
b
either —
i
the accused carried out all such checks of the plastic material or article or material or article in question as were reasonable in all the circumstances, or
ii
it was reasonable in all the circumstances for the accused to rely on checks carried out by the person who supplied the plastic material or article or the material or article in question; and
c
the accused did not know and had no reason to suspect at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
4
The requirements of this paragraph are satisfied if the offence is one of sale and it is proved that —
a
the commission of the offence was due to the act or default of some other person who was not under the control of the accused, or to reasonable reliance on information supplied by such a person;
b
the sale of which the alleged offence consisted was not a sale under the name or mark of the accused; and
c
the accused did not know and could not reasonably have been expected to know at the time the offence was committed that the act or omission would amount to an offence under these Regulations.
5
If in any case the defence provided by this regulation involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the accused shall not without leave of the court be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where the accused has previously appeared before the court in connection with the alleged offence, within one month of the first such appearance,
the accused has served on the prosecutor a written notice giving such information identifying or assisting in the identification of that other person as was then in the possession of the accused.
6
For the purposes of paragraph (2), “prepare” includes manufacture or subject to any form of treatment or process.
Transitional defence relating to PVC gaskets containing epoxidised soybean oil
21
1
In any proceedings for an offence under regulation 3 concerning the sale of a glass jar —
a
which contains
i
infant formulae or follow-on formulae as defined by Commission Directive 2006/141/EC , or
ii
processed cereal-based foods or baby foods for infants and young children as defined by Commission Directive 2006/125/EC , and
b
the lid of which is sealed by means of a PVC gasket containing epoxidised soybean oil having PM/Ref No. 88640 in Section A of Annex III,
it shall be a defence to prove the matters set out in paragraph (2).
2
The matters to be proved are that —
a
the PVC gasket mentioned in paragraph (1)(b) was compliant with the relevant restrictions and specifications in column 4 at Item 259A of Part 1 of Schedule 2 to the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 ;
b
the glass jar was filled and sealed before 19th November 2006;
c
the date of filling or a coded indication of that date was present on the jar or its lid at the time of sale; and
d
the labelling or marking with the particulars mentioned in sub-paragraph (c) at the time of sale complied with the requirements relating to durability in Article 2(1)(a) of Directive 2000/13/EC of the European Parliament and of the Council .
3
A person may not without reasonable excuse fail to comply with a request made by the enforcement authority to disclose the date signified by the coded indication mentioned in paragraph (2)(c).
Other transitional defences and savings
22
1
Notwithstanding the revocation of the 1998 Regulations made by regulation 24 of the Plastic Materials and Articles in Contact with Food (England) Regulations 2006, in relation to any plastic material or article —
a
manufactured before the 1st July 1998, the defence in regulation 3(3) of the 1998 Regulations;
b
manufactured or imported into the European Community before 1st January 2003, the defence in regulation 10(15) of the 1998 Regulations;
c
put into free circulation in the European Community before 30th November 2002, the defence in regulation 10(16) of the 1998 Regulations;
d
manufactured or imported into the European Community before 1st March 2004, the defence in regulation 10(21)(a) of the 1998 Regulations;
e
manufactured or imported into the European Community before 1st March 2003, the defence in regulation 10(21)(b) of the 1998 Regulations;
f
containing azodicarbonamide and brought into contact with food before 2nd August 2005, the defence in regulation 10(23) of the 1998 Regulations; or
g
manufactured or imported into the European Community before 1st March 2006, the defence in regulation 10(25) of the 1998 Regulations,
shall apply in relation to offences under these Regulations in like manner as it applied to offences under the equivalent provisions in those Regulations.
2
In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it shall be a defence to prove —
a
that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 19th November 2007; and
b
that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2005/79/EC had not been implemented in England at the time the matter occurred.
3
In any proceedings for an offence under these Regulations other than an offence referred to in regulation 21(1), it shall be a defence to prove —
a
i
in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No.’s 30340, 30401, 36640, 56800, 76815, 76866, 88640 and 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods , or
ii
in the case of plastic materials and articles which do not comply with the restrictions and specifications for phthalates under Ref. No.’s 74560, 74640, 74880, 75100 and 75105 contained in Annex III,
that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or
b
in any case other than those mentioned in sub-paragraph (a), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st May 2009; and
c
that the matter constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/EC had not been implemented in England at the time the matter occurred.
Procedure where a sample is to be analysed
23
1
An authorised officer who has procured a sample under section 29 of the Act and who considers it should be analysed shall divide the sample into three parts.
2
If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer shall divide the sample into parts by putting the containers into three lots, and each lot shall be treated as being a part.
3
The authorised officer shall —
a
if necessary place each part in a suitable container and seal it;
b
mark each part or container;
c
as soon as reasonably practicable, give one part to the owner and notify the owner in writing that the sample will be analysed;
d
submit one part for analysis in accordance with section 30 of the Act; and
e
retain one part for future submission under regulation 24.
Secondary analysis by the Government Chemist
24
1
Where a sample has been retained under regulation 23 and —
a
proceedings are intended to be or have been commenced against a person for an offence under these Regulations; and
b
the prosecution intends to adduce as evidence the result of the analysis mentioned above,
paragraphs (2) to (7) apply.
2
The authorised officer —
a
may of the officer’s own volition; or
b
shall —
i
if requested by the prosecutor (if a person other than the authorised officer);
ii
if the court so orders; or
iii
(subject to paragraph (6)) if requested by the defendant,
send the retained part of the sample to the Government Chemist for analysis.
3
The Government Chemist shall analyse the part sent under paragraph (2) and send to the authorised officer a certificate specifying the results of the analysis.
4
Any certificate of the results of analysis sent by the Government Chemist shall be signed by or on behalf of the Government Chemist, but the analysis may be carried out by any person under the direction of the person who signs the certificate.
5
The authorised officer shall immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis.
6
Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist’s charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
7
In this regulation “defendant” includes a prospective defendant.
PART 4 Application for Authorisation
Applications for inclusion of an additive in the Community list of authorised additives
25
1
This regulation applies where a person has made an application for the inclusion of an eligible additive in the Community list referred to in Article 4 of the Directive.
2
The application mentioned in paragraph (1), including supporting data, must have been made to EFSA before 1st January 2007.
3
If during examination of the data referred to in paragraph (2), EFSA calls for supplementary information, the eligible additive may, if otherwise permitted to be used under English law, continue to be so used until EFSA has issued an opinion, provided the supplementary opinion is submitted within the time limits specified by EFSA.
4
For the purposes of this regulation, an eligible additive is one whose use is permitted in one or more Member States before 1st January 2007.
PART 5 General and Supplementary
Application of provisions of the Act
26
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 30(8) (relating to documentary evidence);
c
section 44 (protection of officers acting in good faith).
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
27
In the Food Safety (Sampling and Qualifications) Regulations 1990 , in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (England) Regulations 2006 substitute the title and reference of these Regulations.
Amendments to the Materials and Articles in Contact with Food (England) Regulations 2007
28
1
The 2007 Regulations are amended in accordance with paragraphs (2) to (4).
2
In regulation 2(1) —
a
omit the definition of “the 2006 Regulations”;
b
after the definition of “the Act” insert the following definition —
”the 2008 Regulations ” means the Plastic Materials and Articles in Contact with Food (England) Regulations 2008 ;
.
3
In regulation 10, in paragraph (4) for “2006”substitute “2008”.
4
In regulation 11, in paragraph (5), for “2006” substitute “2008”.
Revocations
29
The following Regulations or parts thereof are revoked —
a
The Plastic Materials and Articles in Contact with Food (England) (No.2) Regulations 2006 ;
b
Regulation 24 of the 2007 Regulations;
c
The Plastic Materials and Articles in Contact with Food (Lid Gaskets) (England) Regulations 2007 .
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
31st March 2008


type: legislation

jurisdiction: UK

text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Textile Products (Determination of Composition) Regulations 2008 and shall come into force on 2nd February 2008.
2
The Textile Products (Determination of Composition) Regulations 2006 are revoked.
Interpretation
2
In these Regulations —
“Directive 73/44/ EEC ” means Council Directive 73/44/EEC of 26 February 1973 on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures ;
“Directive 96/73/ EC ” means Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures ;
“textile product” has the same meaning as in the Textile Products (Indications of Fibre Content) Regulations 1986 .
3
References in these Regulations to Annex I (Preparation of test samples and test specimens) and Annex II (Methods for quantitative analysis of certain binary fibre mixtures) to Directive 96/73/EC and Annex I (Quantitative analysis of ternary fibre mixtures general) and Annex II (Method of quantitative analysis by manual separation of ternary fibre mixtures) to Directive 73/44/EC are references to those Annexes as amended from time to time.
Purpose
4
1
These Regulations apply for the purpose of the Textile Products (Indications of Fibre Content) Regulations 1986 for determining in the course of any official test the composition of any textile product comprising a binary textile fibre mixture or a ternary fibre mixture.
2
In this regulation “official test” means a test carried out by or on behalf of a person whose duty it is to enforce the Textile Products (Indications of Fibre Content) Regulations 1986.
Test samples and specimens
5
1
Test samples and test specimens shall be prepared for analysis in accordance with the provisions of Annex 1 to Directive 96/73/EC .
2
In this Regulation “test samples” and “test specimens” have the same meaning as in Article 2 of Directive 96/73/EC .
Test processes
6
1
The analysis of a binary textile fibre mixture which is specified in Annex II to Directive 96/73/EC shall be carried out and the results calculated and expressed in accordance with that Annex.
2
The analysis of a binary textile fibre mixture other than one for which a method of analysis is specified in Annex II to Directive 96/73/EC shall be carried out by the use of any valid method of analysis; and the test report shall set out the result obtained and, so far as is known, the degree of accuracy and the method used.
3
The analysis of a ternary fibre mixture shall be carried out in accordance with Annex I and Annex II to Directive 73/44/EEC and the results calculated and expressed in accordance with Annex I.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise and Regulatory Reform
8th January 2008


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 2) Order 2008.
2
In this Order, “ the Act ” means the Health and Social Care Act 2008.
3
Articles 2, 5, 6 and 7 of this Order extend to England and Wales except that —
a
article 2(m) extends to England and Wales, Scotland and Northern Ireland; and
b
insofar as article 2 or 7 bring into force an amendment, repeal or revocation of any enactment, it had the same extent as that enactment.
Appointed day for provisions relating to the Care Quality Commission
2
1st October 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 1(1);
b
section 1(3) insofar as it relates to the paragraphs of Schedule 1 to the Act listed in paragraph (n);
c
section 2(1);
d
sections 3 to 7;
e
section 9;
f
section 46(4) to (8)
g
section 47;
h
section 66 insofar as it relates to the paragraphs of Schedule 4 to the Act listed in paragraph (p);
i
sections 76 to 83;
j
section 85;
k
section 88;
l
section 95 insofar as it relates to the paragraphs of Schedule 5 to the Act listed in paragraph (q);
m
section 97;
n
in Schedule 1 —
i
paragraphs 1 to 5,
ii
paragraph 6(3),
iii
paragraph 6(4) except insofar as it relates to the advisory committee,
iv
paragraph 6(6) to (8),
v
paragraph 7 except sub-paragraph (3),
vi
paragraphs 8 to 12;
o
Schedule 2;
p
in Schedule 4 —
i
paragraph 1,
ii
paragraph 3,
iii
paragraph 5 insofar as it relates to the functions of inspecting and reporting under Part 1 of the Act,
iv
paragraphs 7 and 8;
q
in Schedule 5 —
i
paragraph 54(b),
ii
paragraph 56(b),
iii
paragraph 57(1) to the extent that it relates to paragraph 57(2)(b),
iv
paragraph 57(2)(b),
v
paragraph 58(b),
vi
paragraph 59(1) to the extent that it relates to paragraph 59(2)(b),
vii
paragraph 59(2)(b),
viii
paragraph 73(b),
ix
paragraph 80(b),
x
paragraph 94.
Appointed day for provisions relating to s. 60 of Health Act 1999
3
1st October 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 111 insofar as it relates to the provisions of Schedule 8 listed in paragraph (b);
b
in Schedule 8 —
i
paragraph 3 insofar as it relates to paragraphs 5(4) and 8(a),
ii
paragraph 5(4),
iii
paragraph 8(a).
Appointed day for provisions relating to dissolution of Hearing Aid Council
4
1st October 2008 is the day appointed for the coming into force of section 123(3) to (6) of the Act.
Appointed day for provisions in relation to indemnity schemes in connection with provision of health services
5
1st October 2008 is the day appointed for the coming into force of section 142 of the Act.
Appointed day for provisions relating to weighing and measuring children: England
6
1st October 2008 is the day appointed for the coming into force of section 143 of the Act.
Appointed day for provisions in relation to the National Information Governance Board for Health and Social Care
7
1
1st October 2008 is the day appointed for the coming into force of the following provisions of the Act —
a
section 157(1) insofar as it relates to sections 250A(1) and 250C of the National Health Service Act 2006 ; and
b
paragraphs 2 to 4 of Schedule 14 and section 160 insofar as it relates to those paragraphs.
2
1st January 2009 is the day appointed for the coming into force of the following provisions of the Act —
a
section 157 insofar as it is not already in force;
b
section 158;
c
paragraph 5 of Schedule 14 and section 160 insofar as it relates to that paragraph; and
d
Part 6 of Schedule 15 and section 166 insofar as it relates to that Part.
Signed by authority of the Secretary of State for Health
Ben Bradshaw
Minister of State,
Department of Health
19th September 2008


text:
Citation
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2008.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted.
Designation of Schools
3
The schools listed in column (1) of the Schedule are designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated in relation to that school in column (2).
P S A Jones
A Divisional Manager in the
Department for Children, Schools and Families
17th March 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008 and shall come into force on 1 st September 2008, but shall have effect, as appropriate, from the dates specified in this Order.
2
In this Order —
“ the Act ” means the Superannuation Act 1972.
Employments
2
1
Section 1 of the Act shall apply to the following employments with effect from the dates specified below —
a
employment by the Scottish Commission for Human Rights, with effect from 1st April 2008;
b
employment by the Police Complaints Commissioner for Scotland, with effect from 1st August 2007;
c
employment by the Scottish Road Works Commissioner, with effect from 1st December 2007;
d
employment by the Trustees of the Independent Living Fund 2006, with effect from 1st October 2007; and
e
employment by the Local Better Regulation Office, with effect from 1st September 2007.
2
Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate places, with effect from the relevant dates specified in article 2(1):
a
in the list of “Royal Commissions and other Commissions”, the entry —
“Scottish Commission for Human Rights”; and
in the list of “Other Bodies”, the entries —
“Employment by the Police Complaints Commissioner for Scotland”
“Employment by the Scottish Road Works Commissioner”
“Employment by the Trustees of the Independent Living Fund 2006”
“Local Better Regulation Office”.
Offices
3
1
Section 1 of the Act shall apply to the Scottish Road Works Commissioner, with effect from 23rd July 2007.
2
Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Offices” with effect from the date specified in article 3(1), the entry —
“the Scottish Road Works Commissioner”.
Removal from Schedule 1
4
1
The following entries are removed from Schedule 1 to the Act:
a
in the list of “Other Bodies” in Schedule 1, the entries —
“Employment by the Trustees of the Independent Living (Extension) Fund and the Independent Living (1993) Fund”, with effect from 1st October 2007;
“Joint Nature Conservation Committee”, with effect from 1st April 2005;
“The Pensions Compensation Board”, with effect from 1st September 2005; and
in the list of “Offices” the entry —
“Chairman of the Criminal Injuries Compensation Board”, with effect from 31st March 2000.
Tom Watson
for the Minister for the Civil Service
16th July 2008


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Amendments to Part 7) Regulations 2008 and come into force on 30th June 2008.
Amendments to Part 7 of the Financial Services and Markets Act 2000
2
1
After subsection (2) of section 112 of the Financial Services and Markets Act 2000 (effect of order sanctioning business transfer scheme) insert —
2A
Subsection (2)(a) is to be taken to include power to make provision in an order —
a
for the transfer of property or liabilities which would not otherwise be capable of being transferred or assigned;
b
for a transfer of property or liabilities to take effect as if there were —
i
no such requirement to obtain a person’s consent or concurrence, and
ii
no such contravention, liability or interference with any interest or right,
as there would otherwise be (in the case of a transfer apart from this section) by reason of any provision falling within subsection (2B).
2B
A provision falls within this subsection to the extent that it has effect (whether under an enactment or agreement or otherwise) in relation to the terms on which the authorised person concerned is entitled to the property or subject to the liabilities in question.
2C
Nothing in subsection (2A) or (2B) is to be read as limiting the scope of subsection (1).
2
In subsection (9) of that section after “subsection (2),” insert “(2A),”.
3
After section 112 insert —
Rights to terminate etc.
112A
1
Subsection (2) applies where (apart from that subsection) a person would be entitled, in consequence of anything done or likely to be done by or under this Part in connection with an insurance business transfer scheme or a banking business transfer scheme —
a
to terminate, modify, acquire or claim an interest or right; or
b
to treat an interest or right as terminated or modified.
2
The entitlement —
a
is not enforceable in relation to that interest or right until after an order has been made under section 112(1) in relation to the scheme; and
b
is then enforceable in relation to that interest or right only insofar as the order contains provision to that effect.
3
Nothing in subsection (1) or (2) is to be read as limiting the scope of section 112(1).
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment No. 2) Regulations 2008 and shall come into force on 16 th May 2008.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulation 3.
3
In the table of driving licence fees in Part 1 of Schedule 3 after the entry numbered 11 insert a new entry, and in respect of that new entry —
a
in the column headed “No.” insert “12”;
b
in the column headed “Description of licence and circumstances of application” insert “A photocard licence granted in exchange for a photocard licence which has been surrendered in pursuance of section 99(2A) of the Traffic Act ”; and
c
in the column headed “Fee payable” insert “£17.50”.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
27th March 2008
We approve the making of these Regulations
Frank Roy
Alan Campbell
Two of the Commissioners of Her Majesty’s Treasury
1st April 2008


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Child Benefit Disregard) Regulations 2008.
2
They come into force on 5th January 2009.
3
Subject to paragraph (4), regulations 2 to 5 cease to have effect and are revoked on 6th April 2009; and on and after that date the Income Support (General) Regulations 1987 , the Jobseeker’s Allowance Regulations 1995 , the Housing Benefit Regulations 2006 and the Council Tax Benefit Regulations 2006 shall have effect as if regulations 2 to 5 had not been made.
4
Regulation 4 ceases to have effect and is revoked on 1st April 2009 in relation to a claimant whose eligible rent falls to be calculated in accordance with regulation 80(2)(b) or (c) of the Housing Benefit Regulations 2006; and on and after that date the Housing Benefit Regulations 2006 shall have effect in relation to such a claimant as if regulation 4 had not been made.
5
In paragraph (4), the reference to regulation 80 means regulation 80 of the Housing Benefit Regulations 2006 as in force immediately before 1st April 2008 and as substituted by regulation 16 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 .
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 are amended as follows.
2
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 5B insert —
5C
1
£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
2
65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
3
This paragraph does not apply to a claimant in relation to whom regulation 2 of, and Schedule 1 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 have effect.
4
In this paragraph —
“child” and “qualifying young person” have the meanings given in section 142 of the Contributions and Benefits Act;
“treated as responsible” is to be construed in accordance with section 143 of that Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006 .
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 6B insert —
6C
1
£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
2
65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
3
This paragraph does not apply to a claimant in relation to whom regulation 3 of, and Schedule 2 to, the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 have effect.
4
In this paragraph —
“child” and “qualifying young person” have the meanings given in section 142 of the Contributions and Benefits Act;
“treated as responsible” is to be construed in accordance with section 143 of that Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulation 2006.
.
Amendment of the Housing Benefit Regulations 2006
4
1
The Housing Benefit Regulations 2006 are amended as follows.
2
In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), at the end add —
64
1
£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
2
65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
3
In this paragraph —
“child” and “qualifying young person” have the meanings given in section 142 of the Act;
“treated as responsible” is to be construed in accordance with section 143 of the Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.
.
Amendment of the Council Tax Benefit Regulations 2006
5
1
The Council Tax Benefit Regulations 2006 are amended as follows.
2
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings), at the end add —
65
1
£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.
2
65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).
3
In this paragraph —
“child” and “qualifying young person” have the meanings given in section 142 of the Act;
“treated as responsible” is to be construed in accordance with section 143 of the Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.
.
Signed by authority of the Secretary of State for Work and Pensions.
Tony McNulty
Minister of State,
Department for Work and Pensions
5th December 2008


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Isle of Man) (Amendment) Order 2008 and shall come into force on 1st July 2008.
Amendment of the Air Navigation (Isle of Man) Order 2007
2
The Air Navigation (Isle of Man) Order 2007 shall be amended as follows.
Requirements for non-public transport flights
3
1
After article 25(6) insert —
6A
A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no suitable alternate aerodrome is available shall not be commenced unless —
a
a designated instrument approach procedure is available for the aerodrome of intended landing; and
b
available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.
6B
A flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.
.
2
After article 25(8) add —
8A
In this article “designated” in relation to an instrument approach procedure means notified, prescribed or otherwise designated by the relevant competent authority.
.
3
After article 26(3) add —
4
An operator shall not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls entitled in accordance with article 21 of this Order to act as pilot-in-command of the helicopter.
.
4
In article 27 omit “registered in the Isle of Man”.
5
After article 27 add —
Survival equipment
27A
1
This article shall apply to any aircraft registered in the Isle of Man.
2
The commander of an aircraft to which this article applies shall reasonably satisfy himself before take-off that the aircraft carries such additional equipment as the commander reasonably considers necessary for the purpose of facilitating the survival of the persons carried in the aircraft.
3
In satisfying himself as required by paragraph (2) the commander shall have regard to the circumstances of the intended flight, including in particular the likelihood of ditching and the availability of search and rescue facilities.
.
6
After article 28 add —
Additional duties of commander
28A
1
This article shall apply to any aircraft registered in the Isle of Man.
2
In relation to every flight to which this article applies the commander of the aircraft shall, except in a case where a pressure greater than 700 hectopascals is maintained in all passenger and crew compartments throughout the flight, take all reasonable steps to ensure that —
a
before the aircraft reaches flight level 130 the method of use of the oxygen provided in the aircraft in compliance with the requirements of article 14 of and Schedule 3 to this Order is demonstrated to all passengers;
b
when flying above flight level 130 all passengers are recommended to use oxygen;
c
during any period when the aircraft is flying above flight level 100 up to and including flight level 130 oxygen is used by all the flight crew of the aircraft for that part of the flight at those altitudes that is of more than 30 minutes duration; and
d
during any period when the aircraft is flying above flight level 130 oxygen is used by all the flight crew of the aircraft.
.
7
After article 37 add —
Marking of break-in areas
37A
1
This article shall apply to all aircraft registered in the Isle of Man.
2
An operator shall ensure that, if areas of the fuselage suitable for break-in by rescue crews in emergency are marked on an aircraft to which this article applies, such areas shall be marked upon the exterior surface of the fuselage with markings to show the areas (in this article referred to as ‘break-in areas’) which can, for the purposes of rescue in an emergency, be most readily and effectively broken into by persons outside the aircraft.
3
a
The break-in areas shall be marked by right angled corner markings, each arm of which shall be 9 cm in length along its outer edge and 3 cm in width.
b
If the corner markings are more than 2 metres apart, intermediate lines 9 cm x 3 cm shall be inserted so that there is no more than 2 metres between adjacent marks.
4
The colour of break-in markings shall be red or yellow, and if necessary they shall be outlined in white to contrast with the background.
5
If instructions are marked on the break-in areas, the words “Cut Here in Emergency” shall be marked across the centre of each break-in area in capital letters.
6
The markings required by this article shall —
a
be painted, or affixed by other equally permanent means; and
b
be kept at all times clean and unobscured.
.
8
In article 68(1), after the definition of “ ICAO licence” insert —
“instrument approach procedure” means a series of predetermined manoeuvres by reference to flight instruments, with specified protection from obstacles, from a specified point to a point from which a landing can be completed and thereafter, if a landing is not completed, to a position at which holding or other obstacle clearance criteria apply;
.
Introduction of 8.33 kHz channel spacing
4
In Schedule 4 —
a
in sub-paragraph 2(2)(a) in the table, for “when flying at or above flight level 245” substitute “when flying at or above flight level 195”;
b
in paragraph 4, for the entry relating to Scale A substitute —
Scale A
Radiocommunications equipment capable of maintaining direct two-way communication with the appropriate air traffic control units on the intended route using the frequencies notified or otherwise designated by the competent authority for that purpose.
.
Other changes
5
1
Omit article 3(14).
2
In articles 12(10)(f) and 13(1)(b), after “Part 145” insert “or Part M Subpart F”.
3
In article 17(3)(a), omit the words from “, but in no event” to “occurrence”.
4
In article 21, for paragraph (4) substitute —
4
For the purposes of this Part of this Order a licence granted under the law of a Contracting State other than the United Kingdom or the Isle of Man, purporting to authorise the holder thereof to act as a member of the flight crew of an aircraft, not being a licence purporting to authorise him to act as a student pilot only, shall, unless the Department in the particular case gives a direction to the contrary, be deemed to be a licence rendered valid under this Order but does not entitle the holder —
a
to act as a member of the flight crew of any aircraft on any flight in respect of which he receives remuneration for his services as a member of the flight crew; or
b
in the case of a pilot’s licence, to act as pilot of any aircraft flying in controlled airspace in circumstances requiring compliance with the Instrument Flight Rules; or
c
to give any instruction in flying.
.
5
For article 22 substitute —
Validation of licences
22
The Department may, subject to such conditions as it thinks fit, issue a certificate of validation rendering valid for the purposes of this Order any flight crew licence granted under the law of any country other than the Isle of Man.
.
6
In article 68(1) —
a
omit the definition of “certificate of maintenance review”;
b
for the definition of “the Department” substitute —
“the Department” means the Department of Trade and Industry of the Isle of Man Government;
;
c
for the definition of “JAR-FCL 1” substitute —
“JAR-FCL 1” means the Joint Aviation Requirement of the JAA bearing that title including Amendment 5 adopted by the JAA on 1st March 2006;
;
d
after the definition of “JAR-FCL 1” insert —
“JAR-FCL 2” means the Joint Aviation Requirement of the JAA bearing that title including Amendment 3 adopted by the JAA on 1st September 2003;
;
e
after the definition of “Part 66” insert —
“Part M Subpart F” means Subpart F of annex I entitled “Part M” to Commission Regulation (EC) No. 2042/2003 ;
.
7
In Schedule 3, paragraph 5, for sub-paragraph (3) in the table substitute —
(3) Aeroplanes which are powered by one or more turbine jets or one or more turbine propeller engines, which have a maximum total weight authorised exceeding 5,700 kg or with a maximum approved passenger seating configuration of more than 9 and in respect of which there is in force a certificate of airworthiness when flying for purposes other than public transport X(1) or X(2)
.
8
In Schedule 3, paragraph 6, for the entry relating to Scale B substitute —
Scale B
1
If the maximum total weight authorised of the aircraft is 2,730 kg or less, for every pilot’s seat and for any seat situated alongside a pilot’s seat, either a safety belt with one diagonal shoulder strap or a safety harness, or with the permission of the Department, a safety belt without a diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety belt with one diagonal shoulder strap or a safety harness.
2
If the maximum total weight authorised of the aircraft exceeds 2,730 kg, either a safety harness for every pilot’s seat and for any seat situated alongside a pilot’s seat, or, with the permission of the Department, a safety belt with one diagonal shoulder strap which permission may be granted if the Department is satisfied that it is not reasonably practicable to fit a safety harness.
3
For every seat in use (not being a seat referred to in paragraphs (1), (2) and (5)) a safety belt with or without one diagonal shoulder strap or a safety harness.
4
In addition, and to be attached to or secured by the equipment required in paragraph (3) above, a child restraint device for every child under the age of two years on board.
5
On all flights in aeroplanes in respect of which a certificate of airworthiness was first issued on or after 1st February 1989, the maximum total weight authorised of which does not exceed 5,700 kg and with a maximum approved passenger seating configuration of 9 or less (otherwise than in seats referred to under paragraph (1) or (2)), a safety belt with one diagonal shoulder strap or a safety harness for each seat intended for use by a passenger.
6
If the commander cannot, from his own seat, see all the passengers’ seats in the aircraft, a means of indicating to the passengers that seat belts should be fastened.
7
Subject to paragraph (8), a safety harness for every seat in use.
8
In the case of an aircraft carrying out aerobatic manoeuvres consisting only of erect spinning, the Department may permit a safety belt with one diagonal shoulder strap to be fitted if it is satisfied that such restraint is sufficient for the carrying out of erect spinning in that aircraft and that it is not reasonably practicable to fit a safety harness in that aircraft.
.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Pensions Act 2007 (Actuarial Guidance) (Consequential Provisions) Order 2008 and shall come into force on 1st October 2008.
Amendment of secondary legislation
2
The Schedule (which amends certain secondary legislation relating to the preparation of guidance for actuaries) has effect.
Signed by authority of the Secretary of State for Work and Pensions.
Anne C.McGuire
Parliamentary Under-Secretary of State,
Department for Work and Pensions
28th August 2008


text:
Title, commencement and application
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2008, come into force on 15th February 2008 and apply in relation to England only.
Amendments to the Miscellaneous Food Additives Regulations 1995
2
1
The Miscellaneous Food Additives Regulations 1995 are amended in accordance with paragraph (2).
2
In Schedule 8 (miscellaneous additives permitted in foods for infants and young children) —
a
in Part 3 (miscellaneous additives permitted in weaning foods for infants and young children in good health), omit the entry relating to E 473; and
b
in Part 4 (miscellaneous additives permitted in dietary foods for infants and young children for special medical purposes as defined in Directive 1999/21/EC ), after the entry relating to E 472c insert the following entry —
E 473 Sucrose esters of fatty acids Products containing hydrolysed proteins, peptides and amino acids 120 mg/l
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
10th January 2008


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumberland, Tyne and Wear National Health Service Trust (Transfer of Trust Property) Order 2008 and shall come into force on 31 st March 2008.
2
In this Order —
“the NHS Trust” means the Northumberland, Tyne and Wear National Health Service Trust;
“the Trustees” means the trustees for the Newcastle upon Tyne Hospitals NHS Foundation Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Trust and the Trustees and signed on behalf of the NHS Trust on 1 st February 2008 and on behalf of the Trustees on 31 st January 2008.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the NHS Trust to the Trustees.
2
In any instrument relating to the trust property, any reference in relation to the trust property to the trustees of the trust property or to the NHS Trust shall be construed as a reference to the Trustees.
Signed by authority of the Secretary of State for Health.
Ben Bradshaw
Minister of Health,
Department of Health
19th February 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Clinical Trials) and Blood Safety and Quality (Amendment) Regulations 2008 and shall come into force on 1st May 2008.
2
In these Regulations —
“the Blood Regulations ” means the Blood Safety and Quality Regulations 2005 ;
“the Clinical Trials Regulations ” means the Medicines for Human Use (Clinical Trials) Regulations 2004 .
Amendment of regulation 2 of the Clinical Trials Regulations
2
In regulation 2 of the Clinical Trials Regulations (interpretation), in paragraph (1) —
a
for the definition of “the Directive” substitute the following definition —
“the Directive” means Directive 2001/20/ EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the implementation of good clinical practice in the conduct of clinical trials on medicinal products for human use ;
;
b
for the definition of “Directive 2001/83/EC ” substitute the following definition —
“Directive 2001/83/EC ” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use ;
; and
c
in the definition of “the Gene Therapy Advisory Committee” omit the words from “to” to the end.
Amendment of regulation 15 of the Clinical Trials Regulations
3
In regulation 15 of the Clinical Trials Regulations (ethics committee opinion) —
a
for paragraph (1), substitute the following paragraph —
1
Except as provided for in paragraph (4A) (which removes the requirement on the Gene Therapy Advisory Committee to give an opinion) and subject to paragraphs (3) and (4) (which suspend and disapply time limits respectively), an ethics committee shall give an opinion in relation to the clinical trial to which a valid application relates within the specified period beginning with the date of receipt of the valid application.
;
b
after paragraph (3) insert the following paragraphs —
3A
An ethics committee may give a favourable opinion subject to conditions specified in writing in relation to a clinical trial.
3B
If an ethics committee gives a favourable opinion subject to conditions, the ethics committee is to be treated as having given a favourable opinion in relation to the clinical trial only if the specified conditions are satisfied.
; and
c
after paragraph (4), insert the following paragraphs —
4A
Where a notification under paragraph (4B) is received by the Authority —
a
the Gene Therapy Advisory Committee shall not give an opinion in relation to the clinical trial to which the application subject to that notification relates;
b
the Authority shall direct that the application be considered by another ethics committee specified in the direction;
c
the Gene Therapy Advisory Committee shall send the application to the ethics committee specified in the direction immediately following the direction being given; and
d
the ethics committee specified in the direction shall, subject to the application being valid, give an opinion in relation to the clinical trial to which that application relates within the specified period beginning with the date of the Gene Therapy Advisory Committee’s receipt of the application.
4B
The Chairman, vice-chairman or alternate vice-chairman of the Gene Therapy Advisory Committee may notify the Authority (instead of giving an opinion) within the specified period beginning with the date of the Committee’s receipt of an application that the clinical trial to which that application relates does not merit an opinion from the Gene Therapy Advisory Committee.
.
Amendment of Schedule 1 to the Clinical Trials Regulations
4
1
In Schedule 1 to the Clinical Trials Regulations (conditions and principles of good clinical practice and for the protection of clinical trial subjects), in Part 1 (application and interpretation), paragraph 1 shall be amended as follows.
2
In sub-paragraph (3), for “If” substitute “Subject to sub-paragraphs (6) and (7), if”.
3
In sub-paragraph (6) —
a
after “a subject who is” insert “a minor or”; and
b
for “Part 5” substitute “Part 4 in the case of a minor or paragraphs 1 to 5 of Part 5 in the case of an incapacitated adult”.
4
In sub-paragraph (7), for “Part 5” substitute “Part 4 in the case of a minor or paragraphs 1 to 5 of Part 5 in the case of an incapacitated adult”.
Amendment of Schedule 2 to the Clinical Trials Regulations
5
1
Schedule 2 to the Clinical Trials Regulations (additional provisions relating to ethics committees) shall be amended as follows.
2
In paragraph 1 (interpretation), in the definition of “expert member”, in sub-paragraph (b), for “clinical trials” substitute “clinical research”.
3
In paragraph 3 (membership), in sub-paragraph (3), for “Subject to paragraph 7, the” substitute “The”.
4
In paragraph 6 (committees, meetings and proceedings) —
a
in sub-paragraph (2), for “sub-paragraph (4)” substitute “sub-paragraphs (4) and (4A)”;
b
for sub-paragraph (4) substitute the following sub-paragraphs —
4
All valid applications for an ethics committee opinion must be considered by a full meeting of an ethics committee.
4A
Where a full meeting of an ethics committee has considered a valid application and reached a provisional opinion, it may delegate the final determination of its opinion in accordance with regulation 15 to the Chairman of the ethics committee or a sub-committee of specified members.
; and
c
after sub-paragraph (5) insert the following sub-paragraph —
6
For the purposes of this paragraph, a “full meeting of an ethics committee” is one at which at least seven members of the committee (including any members co-opted under paragraph 8) are present, including at least —
a
one lay member who is not and never has been —
i
a health care professional, or
ii
a chairman, member, director, officer or employee of a health service body; and
b
one expert member.
.
5
In paragraph 7 (deputies and co-opted members), in sub-paragraph (1), for “An ethics committee” substitute “The appointing authority”.
6
In paragraph 8 (co-opted members) —
a
in sub-paragraph (3) for “an ethics committee” substitute “a committee that advises or has advised on the ethics of research involving human subjects”; and
b
for sub-paragraph (5) substitute the following sub-paragraph —
5
A co-opted member shall hold and vacate office in accordance with the ethics committee’s standing orders and operating procedures adopted under paragraph 6(3).
.
Amendment of Schedule 3 to the Clinical Trials Regulations
6
In Schedule 3 to the Clinical Trials Regulations (particulars and documents), in Part 1 (application for ethics committee opinion), in paragraph 2, for “paragraphs 1 to 4 and 6 to 9” substitute “paragraphs 1 to 3 and 6”.
Amendment of regulation 7 of the Blood Regulations
7
In regulation 8 of the Blood Regulations (labelling of blood and blood components and traceability), in paragraph (3), after “sub-paragraph (a)” insert “of paragraph (2)”.
Amendment of regulation 8 of the Blood Regulations
8
In regulation 9 of the Blood Regulations (hospital blood bank requirements), for sub-paragraph (f) of paragraph 1, substitute —
f
retain, for a period of at least 15 years, a record of any serious adverse events which may affect the quality or safety of blood and blood components;
.
Amendment of regulation 12B of the Blood Regulations
9
In regulation 12B of the Blood Regulations (requirement to report serious adverse reactions and events), in paragraph (5), for “(3)(b)” substitute “(4)(b)”.
Signed by authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State
Department of Health
31st March 2008


text:
Citation and commencement
1
This Order may be cited as the Tribunals, Courts and Enforcement Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008.
2
The following provisions of the Tribunals, Courts and Enforcement Act 2007 come into force on 21st July 2008 —
a
section 48(1) partially and the repeal in paragraph 27 of Schedule 8 in so far as it applies to the powers of a Minister;
b
sections 50, 51 and 52 in so far as they are not already in force;
c
paragraph 24 of Schedule 7; and
d
Schedule 10.
Transitional provisions
3
Where a process to select a person for appointment to an office or other position —
a
would be affected by the commencement provisions in article 2; and
b
has been started but the appointment has not been made by 31 July 2008;
then the process may be completed and the appointment made as if the commencement provisions in article 2 were not yet effective.
4
A selection process has been started for the purpose of article 3 if the Lord Chancellor has —
a
made a request for selection under section 87 of the Constitutional Reform Act 2005 (the “2005 Act”);
b
given the Judicial Appointments Commission notice in accordance with section 94 of the 2005 Act of a request he expects to make under section 87 of that Act; or
c
requested assistance under section 98 of the 2005 Act in connection with an appointment.
Jack Straw
Lord Chancellor
23rd June 2008


text:
Citation and commencement
1
This Order may be cited as the Maintenance Orders (Facilities for Enforcement) (Revocation) Order 2008 and shall come into force on 19 June 2008.
Revocation
2
“Jersey” shall be omitted from the First Schedule to the Maintenance Orders (Facilities for Enforcement) Order 1959 .
Judith Simpson
Clerk of the Privy Council


text:
Citation and extent
1
1
This Order may be cited as the Transfer of Housing Corporation Functions (Modifications and Transitional Provisions) Order 2008 and shall come into force on the day section 5 of the Housing and Regeneration Act 2008 comes into force.
2
This Order extends to England and Wales.
Transfer of Housing Corporation functions to the Homes and Communities Agency and the Regulator of Social Housing
2
The functions of the Housing Corporation under the enactments listed in the Table are transferred to the Homes and Communities Agency or the Regulator of Social Housing to the extent specified.
Enactment Functions of the Housing Corporation transferred to the Homes and Communities Agency Functions of the Housing Corporation transferred to the Regulator of Social Housing Functions of the Housing Corporation transferred to the Homes and Communities Agency and the Regulator of Social Housing concurrently
Housing Act 1985 The functions under sections 151B and 156 All functions other than those transferred to the Homes and Communities Agency Housing Associations Act 1985 The functions under sections 79, 80, 81 and 83 (other than those functions transferred to the Regulator of Social Housing). The functions under sections 9, 10, 33A, 69, 75 (except for subsection (1)(c) and (e) and subsection (4)), 77, 79 (but only in relation to loans to registered social landlords), 82, 83 (but only in relation to the guarantee of loans to registered social landlords), 87 and Schedule 7. Housing Act 1988 The functions under sections 50 to 53. The functions under section 82. Housing Act 1996 The functions under sections 16, 16A, 18, 20, 21, 27, 27A and 27B. All functions under the Act other than those transferred to the Homes and Communities Agency or the Homes and Communities Agency and the Regulator of Social Housing concurrently. The functions under sections 53 and 54.
Modification of enactments
3
The enactments specified in the Schedule have effect with the modifications specified.
Direction to the Homes and Communities Agency
4
1
The Regulator of Social Housing may direct the Homes and Communities Agency not to make a grant to a specified registered social landlord under section 18 of the Housing Act 1996.
2
A direction may be given if —
a
the Regulator of Social Housing has decided to hold an inquiry into the affairs of the registered social landlord under paragraph 20 of Schedule 1 to the Housing Act 1996 and the inquiry is not concluded,
b
the Regulator of Social Housing has received notice in respect of the registered social landlord under section 41 of the Housing Act 1996, or
c
the Regulator of Social Housing has appointed an officer of the registered social landlord under paragraph 6, 7 or 8 of Schedule 1 to the Housing Act 1996 and the person appointed has not vacated office.
3
A direction shall have effect until withdrawn.
Effect of moratorium
5
1
This article applies if a moratorium is imposed in respect of a registered social landlord.
2
During a moratorium under section 42 of the Housing Act 1996 the Homes and Communities Agency —
a
may not give the registered social landlord a direction under section 27(2)(b) of the Housing Act 1996, and
b
may not take steps to enforce such a direction against the registered social landlord.
Transitional and saving provision
6
1
The modifications made by this Order do not affect the validity of anything done (or having effect as if done) by or in relation to the Housing Corporation before the commencement date.
2
Any enactment, instrument or document passed or made before the coming into force of this Order has effect, so far as necessary for the purposes of or in consequence of the transfer of any function by this Order, as if any reference to the Housing Corporation (however expressed) were a reference to the Regulator of Social Housing or (as the case may be) the Homes and Communities Agency.
3
Anything which, on the commencement date, is in the process of being done by or in relation to the Housing Corporation may, so far as it relates to any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing, be continued by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing.
4
Anything done (or having effect as if done) by or in relation to the Housing Corporation for the purposes of or in connection with any function transferred by this Order from the Housing Corporation to the Homes and Communities Agency or the Regulator of Social Housing shall, if in force or effective on the commencement date, have effect as if done by or in relation to the Homes and Communities Agency or (as the case may be) the Regulator of Social Housing so far as that is required for continuing its effect on and after the commencement date.
5
The references in paragraphs (3) and (4) to things done include references to things omitted to be done.
6
The “commencement date” means the date on which this Order comes into force.
Signed by authority of the Secretary of State for Communities and Local Government
Iain Wright
Parliamentary Under Secretary of State
Department for Communities and Local Government
30th October 2008


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 4 and Saving Provision) Order 2008.
2
In this Order, “the 2008 Act ” means the Criminal Justice and Immigration Act 2008.
Appointed dates
2
1
Subject to article 3, the date appointed for the coming into force of the following provisions of the 2008 Act is 1 st December 2008 —
a
section 61 (Compensation for miscarriages of justice);
b
section 118 (Closure orders: premises associated with persistent disorder or nuisance);
c
section 126(1) and (3) (Police misconduct and performance procedures) insofar as it relates to the entries specified in sub-paragraph (h);
d
section 127 (Investigation of complaints of police misconduct etc. ) insofar as it relates to the provisions specified in sub-paragraph (i);
e
section 148(2) (Consequential etc. amendments and transitional and saving provisions) insofar as it relates to the provisions in sub-paragraph (j);
f
section 149 (Repeals and revocations) insofar as it relates to the entries in sub-paragraph (k);
g
Schedule 20 (Closure orders: premises associated with persistent disorder or nuisance);
h
in Schedule 22 (Police misconduct and performance procedures) —
i
paragraphs 3, 4, 7 and 8 to the extent not already in force; and
ii
paragraphs 5, 9, 11 and 17 to 21;
i
in Schedule 23 (Investigation of complaints of police misconduct etc.) —
i
paragraphs 4, 6 to 11 and 13 to 18; and
ii
paragraphs 5, 12 and 19 to the extent not already in force;
j
paragraphs 22 and 35(1), (2)(a) and (3) of Schedule 27 (Transitory, transitional and saving provisions); and
k
in Schedule 28 (Repeals and revocations), the entries related to —
i
section 50(4) of, and paragraph 6 of Schedule 6 to, the Police Act 1996 ;
ii
Schedule 3 to the Police Reform Act 2002 ; and
iii
paragraph 119 of Schedule 21 to the Legal Services Act 2007 .
2
The date appointed for the coming into force of the following provisions of the 2008 Act is 26 th January 2009 —
a
section 63 (Possession of extreme pornographic images);
b
section 64 (Exclusion of classified films etc.);
c
section 65 (Defences: general);
d
section 66 (Defence: participation in consensual acts);
e
section 67 (Penalties etc. for possession of extreme pornographic images);
f
section 68 (Special rules relating to providers of information society services);
g
section 71 (Maximum penalty for publication etc. of obscene articles);
h
section 148(1) and (2) (Consequential etc. amendments and transitional and saving provision) insofar as it relates to the provisions specified in paragraphs (j) and (k);
i
Schedule 14 (Special rules relating to providers of information society services);
j
paragraph 58 of Schedule 26 (Minor and consequential amendments);and
k
paragraphs 23 and 25 of Schedule 27 (Transitory, transitional and saving provision).
Saving provision
3
1
The Police Act 1996 and the Police Reform Act 2002 shall continue to apply in relation to specified matters as if the amendments in paragraphs 3 to 5, 7 to 9 and 11 of Schedule 22 and in paragraphs 4 to 10, 12 to 15 and 17 to 19 of Schedule 23 to the 2008 Act had not been made.
2
In this article —
a
“specified matter” means —
i
conduct which may be or is being dealt with under the Police (Conduct) Regulations 2004 ;
ii
conduct which may be or is being dealt with under the Police (Complaints and Misconduct) Regulations 2004 as they are in force on the date this Order is made and which has come to the attention of the Independent Police Complaints Commission and the appropriate authority before 1st December 2008;
iii
performance or attendance which may be or is being dealt with under the Police (Efficiency) Regulations 1999 ; or
iv
anything which may be or is being dealt with under the Police Appeals Tribunals Rules 1999 ;
b
“appropriate authority” has the same meaning as in the Police (Complaints and Misconduct) Regulations 2004.
Maria Eagle
Parliamentary Under-Secretary of State
Ministry of Justice
15th November 2008


text:
Citation and commencement
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2008 and come into force on 1st April 2008.
Amendment of the Statistics of Trade (Customs and Excise) Regulations 1992
2
1
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended as follows.
2
For the forms set out in the Schedule there shall be substituted the forms set out in the Schedule to these Regulations.
Dave Hartnett
Mike Hanson
Two of the Commissioners for Her Majesty’s Revenue and Customs
5th March 2008


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment) Order 2008 and shall come into force on 17 December 2008.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 substitute the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2007 is revoked.
Phil Woolas
Minister of State
Home Office
20th November 2008


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008 and shall come into force on 1st October 2008.
2
In these Regulations —
“claim” means a claim under section 46(1) of the Child Maintenance and Other Payments Act 2008;
“mesothelioma” means diffuse mesothelioma.
Making a claim
2
1
Subject to paragraph (2), a claim must be made in writing, signed by or on behalf of the person making the claim, on a form approved by the Secretary of State and accompanied by the documents specified in the form.
2
A claim may be made in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case.
Time for making a claim
3
1
A claim by a person who has been diagnosed with mesothelioma before the coming into force of these Regulations must be made within 12 months from the date on which these Regulations come into force.
2
A claim by any other person with mesothelioma must be made within 12 months from the date on which that person was first diagnosed with mesothelioma.
3
A claim by a dependant must be made within 12 months from the date of death of the person who, immediately before death, had mesothelioma.
4
Where the Secretary of State considers there was good cause for the claim not being made within the 12 month time limit referred to in paragraphs (1) to (3), he may extend the time limit for such period as he considers appropriate in the circumstances, provided that the time limit is not extended for a death or diagnosis which occurred more than 12 months before the date these Regulations come into force.
Reconsideration
4
1
An application made to the Secretary of State for reconsideration of a determination that a payment should or should not be made must —
a
be made within one month of the date of notification of the determination, and
b
specify the ground for the request and give such other relevant information as the Secretary of State may require in order to deal adequately with the reconsideration.
2
The Secretary of State may, at any time, in writing, institute a reconsideration of a determination that a payment should or should not be made.
Appeal treated as reconsideration
5
1
Where a person appeals against a determination made by the Secretary of State on a claim, the Secretary of State may treat the appeal as an application for reconsideration under section 49 of the Child Maintenance and Other Payments Act 2008.
2
Where —
a
an appeal against a determination that a payment should not be made is treated as an application for reconsideration, and
b
on the reconsideration the Secretary of State decides that a payment should be made,
the Secretary of State shall not refer the appeal to an appeal tribunal.
3
Except where paragraph (2) applies, where an appeal is treated as an application for reconsideration, the Secretary of State shall delay referring the appeal to the appeal tribunal until after the reconsideration.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th June 2008


text:
Citation and commencement
1
These Regulations may be cited as the Non-resident Companies (General Insurance Business) (Amendment) Regulations 2008 and shall come into force on 28th October 2008.
Revocation of regulation 6 of the Non-resident Companies (General Insurance Business) Regulations 1999
2
Regulation 6 of the Non-resident Companies (General Insurance Business) Regulations 1999 is revoked in relation to accounting periods of relevant companies ending on or after the coming into force date.
Steve McCabe
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
7th October 2008


text:
1
These Regulations may be cited as the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) (Amendment) Regulations 2008 and come into force on 3rd November 2008.
2
The Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008 are amended as follows.
3
In regulation 5 —
a
in paragraph (2) for “an appeal tribunal” substitute “the First-tier Tribunal”; and
b
in paragraph (3) for “appeal tribunal” substitute “First-tier Tribunal”.
4
After regulation 5 add —
Appeals
6
Regulation 33 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (notice of appeal) applies to an appeal against a determination made by the Secretary of State —
a
on a claim; or
b
on reconsideration under section 49 of the Child Maintenance and Other Payments Act 2008 of a determination made on a claim
as it applies to an appeal under section 12 of the Social Security Act 1998 .
.
By authority of the Secretary of State
Bridget Prentice
Parliamentary Under Secretary of State,
Ministry of Justice
13th October 2008