text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2007 and shall come into force on 6th April 2008.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1)(a) (interpretation) —
a
in the definition of “account” —
i
omit paragraph (ii) and the word “or” which succeeds it, and
ii
at the end add “and shall include a personal equity plan treated on and from the 6 th April 2008 as a stocks and shares account” ;
b
omit the definition of “tax-exempt special savings account”.
4
In the Table in regulation 2(2) (Terms defined) —
a
in the entry relating to “Component” for “4(1)(a)” substitute “4(1)(b) and (c)”;
b
omit the entries relating to “Maxi-account”, “Mini-account” and “ TESSA only account”;
c
insert the following entries at the appropriate places —
Stocks and shares account 4(1)(a) and (b) Cash account 4(1)(a) and (c) Overall subscription limit 4(2)
5
For regulation 4(1)(a) to (h) (general conditions for accounts and subscriptions) substitute —
a
the account is set up as a stocks and shares account or a cash account;
b
a stocks and shares account is made up of a single stocks and shares component only;
c
a cash account is made up of a single cash component only;
d
a qualifying individual who is 16 years of age or over may only subscribe to a single cash account in a particular year,
e
a qualifying individual who is 18 years of age or over may only subscribe to a single stocks and shares account in a particular year;
f
it is an account to which only one qualifying individual subscribes;
g
subject to regulation 7(2)(h), it is an account to which the qualifying individual subscribes only by payment to the account manager of a sum or sums of the individual’s cash; and
h
the subscriptions made by the qualifying individual to accounts (ignoring transfers and payments from account managers to the individual) do not in the aggregate in any year exceed the subscription limits in paragraphs (2) and (3).
6
For regulation 4(2) to (4) (subscription limits) substitute —
2
The overall subscription limit for any qualifying investor for any year (that is, the aggregate of the investor’s subscriptions to all accounts in that year) is —
a
£7,200, unless
b
the qualifying investor is 16 years of age or over but less than 18 years at the end of the year, where it is £3,600.
3
Within and subject to that overall subscription limit, the qualifying investor may subscribe up to £3,600 in any year to a cash account.
4
Accordingly, by way of illustration, the qualifying investor may subscribe in a year —
a
£3,600 to a cash account and £3,600 to a stocks and shares account;
b
£2,000 to a cash account and £5,200 to a stocks and shares account; or
c
nil to a cash account and £7,200 to a stocks and shares account;
but while under the age of 18 years the qualifying investor may only subscribe £3,600 to a cash account.
7
In regulation 4A (repair of certain incompatible accounts) —
a
in the heading, at the end, add “and excess subscriptions”;
b
in paragraph (1) for sub-paragraphs (a) and (b) and the Four Conditions substitute —
a
both the First and Second Conditions below, or
b
the Third Condition.
First Condition
The account is invalid because a subscription to the account causes the account investor to breach the conditions in regulation 4(1)(d) or (e) (which, taken together, allow an individual to subscribe to a single cash account and a single stocks and shares account, in a particular year) and for no other reason.
Second Condition
The account is (disregarding any account exempt from tax under regulation 4B) the earliest account in the relevant year, the subscriptions to which caused the account investor to breach the conditions in regulation 4(1)(d) or (e), as the case may be (that is, it was first subscribed to earlier in that year than any other such account).
Third Condition
The account is invalid because a subscription to the account breaches the overall subscription limit in regulation 4(2)(a), and for no other reason.
;
c
in paragraph (2) —
i
omit sub-paragraph (c), and
ii
in sub-paragraph (e) for “, a component and subscriptions pursuant to regulation 5(1)” substitute “and component”;
d
in paragraph (3)(b) for “4(1)(c)(ii) or (d)(ii)” substitute “4(1)(d) or (e), or 4(2)(a)”; and
e
for paragraph (4)(a) substitute —
4
a
Calculate the extent to which the subscriptions made (and counting towards the subscription limits) during the relevant year —
i
to that account, any other account which is eligible for repair, and any valid account (but ignoring subscriptions to any closed account within the meaning in regulation 4B)) do not exceed,
ii
the subscriptions limits in regulation 4(2) and (3), as the case may be, and
.
8
In regulation 4B (closure followed by opening of same type of account) —
a
in the heading, for “mini-account or TESSA only” substitute “cash”;
b
in paragraph (1)(a)(i), for “mini-account or TESSA only” substitute “cash”;
c
in paragraph (1)(a)(iii), for the words from “account which” to the end substitute “cash account”; and
d
in paragraph (2), for sub-paragraphs (a) and (b) and the hyphen which precedes them substitute “as complying with the conditions of regulation 4(1)(d)”.
9
After regulation 4C (removal of insurance components) insert —
Removal of maxi-accounts, mini-accounts and TESSA only accounts at 6 th April 2008
4D
1
This regulation applies to accounts in existence immediately before 6 th April 2008 (“the transitional time”).
2
An account that, at the transitional time, is or has been designated as a TESSA only account shall be treated as a cash account on and from 6 th April 2008.
3
An account that, at the transitional time, is or has been designated as a mini-account made up of a cash component shall be treated as a cash account on and from 6 th April 2008.
4
An account that, at the transitional time, is or has been designated as a mini-account made up of a stocks and shares component shall be treated as a stocks and shares account on and from 6 th April 2008.
5
An account that, at the transitional time, is or has been designated as a maxi-account and is made up of a stocks and shares component only, shall be treated as a stocks and shares account on and from 6 th April 2008.
6
Where an account, at the transitional time, is or has been designated as a maxi-account and is made up of two components —
a
the stocks and shares component, if it holds investments or cash at the transitional time, shall be treated as a stocks and shares account on and from 6 th April 2008; and
b
the cash component, if it holds investments or cash at the transitional time, shall be treated as a separate cash account on and from 6 th April 2008.
10
Omit regulation 5 (transfers from TESSAs).
11
In regulation 6 (general investment rules) —
a
in paragraph (3)(a) for “at that time, and which has been allocated to the particular component of that account” substitute “and component”;
b
in paragraph (6) —
i
in the words preceding sub-paragraph (a), for “component” in both places it appears substitute “account”;
ii
in sub-paragraph (a) for “same” substitute “appropriate”.
12
In regulation 7(2) (qualifying investments for a stocks and shares component) —
a
in both sub-paragraphs (k)(i) and (l)(i), after “component” insert “or a personal equity plan”;
b
at the end add —
p
in the case of a personal equity plan which is treated on and from 6 th April 2008 as a stocks and shares account , investments which, immediately before that date, were qualifying investments for the plan under regulation 6(2)(m) of the Personal Equity Plan Regulations 1989 ;
.
13
In regulation 7(10)(c) for the words from “which are allocated” to the end substitute “to that account, do not together exceed the overall subscription limit in regulation 4(2)(a) in that year, reduced by the subscriptions by the individual in that year to a cash account”.
14
For regulation 10(2)(a) to (c) (qualifying individuals) substitute —
a
who, in the case of a cash account, is 16 years of age or over and, in the case of a stocks and shares account, is 18 years of age or over;
b
who, in the case of a stocks and shares account, has not subscribed, and will not subscribe, to any other stocks and shares account, in the year in which the subscription is made;
c
who, in the case of a cash account, has not subscribed, and will not subscribe, to any other cash account, in the year in which the subscription is made;
ca
who has not exceeded the appropriate overall subscription limit in regulation 4(2), or the other subscription limit in regulation 4(3), in that year;
.
15
In regulation 12(3) (conditions for application to subscribe to an account) —
a
for sub-paragraph (a) substitute —
a
his application is to subscribe to a stocks and shares account or cash account, as the case may be;
;
b
for sub-paragraphs (d) and (e) substitute —
d
in the case of a stocks and shares account, the applicant —
i
has not subscribed, and will not subscribe, to any other stocks and shares account, in the year to which paragraph (2) refers, and
ii
will not subscribe to any other stocks and shares account, in each successive year following that year, in which the declaration has effect;
e
in the case of a cash account, the applicant —
i
has not subscribed, and will not subscribe, to any other cash account, in the year to which paragraph (2) refers, and
ii
will not subscribe to any other cash account, in each successive year following that year, in which the declaration has effect;
ea
that the applicant has not subscribed, and will not subscribe, more than the appropriate overall subscription limit in regulation 4(2) (aggregating subscriptions to all accounts) —
i
in the year to which paragraph (2) refers, and
ii
in each successive year following that year, in which the declaration has effect;
eb
that in the case of a cash account, the applicant has not subscribed, and will not subscribe, more than the subscription limit in regulation 4(3) —
i
in the year to which paragraph (2) refers, and
ii
in each successive year following that year, in which the declaration has effect;
.
16
Omit regulation 12(5) (transfers from TESSAs).
17
In regulation 14(3)(a) (account manager: qualifications) for the words from “accounts” to the end substitute “cash accounts only, or stocks and shares accounts only, or both”.
18
In regulation 21 (transfer of accounts) —
a
for the heading substitute “Transfers relating to accounts”;
b
for paragraphs (1) to (4) substitute —
1
In this regulation, in relation to a transfer —
“the current year’s subscriptions” means —
subscriptions made to the account by the account investor in the year in which the transfer takes place, but before the transfer,
subscriptions made to any other account by the account investor in the year in which the transfer takes place and transferred to the account before the transfer, and
the qualifying investments and other proceeds (including income) representing the subscriptions in sub-paragraphs (a) and (b) of this definition;
“the previous years’ subscriptions” means —
subscriptions made to the account (or any other account or former personal equity plan) in any earlier year or years, and
the qualifying investments and other proceeds (including income) representing those subscriptions.
2
Any transfer relating to an account or part of an account shall be made —
a
directly between one account manager (“the transferor”) and another account manager (“the transferee”), or
b
where the same person is account manager before and after the transfer, solely by that manager (who shall maintain the records of both transferor and transferee required by this regulation).
3
The current year’s subscriptions may only be transferred as a whole (with or without the whole or part of any previous years’ subscriptions).
4
In the case of a cash account, the current year’s subscriptions and the previous years’ subscriptions may only be transferred to —
a
a stocks and shares account (if the account investor is 18 years of age or over), or
b
a cash account,
belonging to the same account investor.
4A
In the case of a stocks and shares account, the current year’s subscriptions and the previous years’ subscriptions may only be transferred to a stocks and shares account belonging to the same account investor.
4B
Where the current year’s subscriptions (with or without other subscriptions) are transferred from a cash account to a stocks and shares account (under paragraph (4)(a)) —
a
the subscriptions in sub-paragraphs (a) and (b) of the definition of “the current year’s subscriptions” in paragraph (1) shall be treated, for all purposes including regulation 31(3)(c), as if they had been made to the stocks and shares account, and
b
accordingly, shall not count towards the cash subscription limit in regulation 4(3).
4C
Where the current year’s subscriptions (with or without other subscriptions) are transferred from —
a
a cash account to a cash account, or
b
a stocks and shares account to a stocks and shares account,
the subscriptions transferred, and no other subscriptions, shall be treated as the same account, for the purpose of making any remaining permitted subscriptions in that year.
4D
The account investor shall make a fresh application under regulation 12 (with any necessary modifications to reflect that it is made on a transfer) to the transferee.
4E
This regulation shall also apply where an account is transferred in consequence of an account manager (“the transferor”) ceasing to act or to qualify as an account manager.
;
c
in paragraph (6)(b) —
i
in the words preceding paragraph (i) after “account” insert “or any part of an account”;
ii
in paragraph (i), for the words from “maxi-account” to the end substitute “cash account or stocks and shares account,”;
iii
in paragraph (iii), omit the words from “, and the amounts” to the end; and
iv
for paragraph (iv) substitute —
iv
the date on which the first subscription (if any) was made to the account, in the year in which the transfer takes place,
;
d
omit paragraph (6)(c) and the word “and” which precedes it.
19
In regulation 30(1) (information to be given to account investor by account manager) for sub-paragraphs (a) and (b) substitute —
a
in the case of a stocks and shares account, if the account investor subscribes to that account in the year to which the notice relates, the account investor may not subscribe to any other stocks and shares account, in that year;
b
in the case of a cash account, if the account investor subscribes to that account in the year to which the notice relates, the account investor may not subscribe to any other cash account, in that year;
c
the account investor must not subscribe more than the appropriate overall subscription limit in regulation 4(2) in that year (aggregating subscriptions to all accounts); and
d
in the case of a cash account, the account investor must not subscribe more than the subscription limit in regulation 4(3), in that year.
.
20
In regulation 31(3) (annual returns of information by account manager) —
a
in sub-paragraph (b)(ii) for “each” (where it first appears) substitute “the”;
b
in sub-paragraph (c) —
i
in the words preceding paragraph (i) for “maxi-account or mini-account, to which subscriptions,” substitute “account, to which subscriptions or a transfer under regulation 21”;
ii
in paragraph (i) for the words from “maxi-account” to the end substitute “cash account or stocks and shares account”;
iii
for paragraph (ii) substitute —
ii
the total amount of cash subscribed to the account, in the year or the part of the year for which the return is made;
iv
in paragraph (v) for “mini-account or TESSA only” substitute “cash”.
21
In regulation 31(7)(a) for paragraphs (i) to (iii) substitute —
i
cash accounts holding policies of life insurance falling within regulation 9,
ii
all cash accounts,
iii
stocks and shares accounts holding policies of life insurance falling within regulation 9, and
iv
all stocks and shares accounts,
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Uncertificated Securities (Amendment) Regulations 2007 and come into force on 1st November 2007.
Amendment of the Uncertificated Securities Regulations 2001
2
In regulation 3, in the definition of “settlement”, after ““settlement,”“ insert “except in paragraph 28 of Schedule 1,”.
3
After paragraph 27 of Schedule 1 to the Uncertificated Securities Regulations 2001 insert —
Access to central counterparty, clearing and settlement facilities
28
1
The Operator must make transparent and non-discriminatory rules, based on objective criteria, governing access to his settlement facilities.
2
The rules under sub-paragraph (1) must enable an investment firm or a credit institution authorised by the competent authority of another EEA State (including a branch established in the United Kingdom of such a firm or institution) to have access to those facilities on the same terms as a UK firm for the purposes of finalising or arranging the finalisation of transactions in financial instruments.
3
The Operator may refuse access to those facilities on legitimate commercial grounds.
4
In this paragraph —
“ “banking consolidation directive” means Directive 2006/48/ EC of the European Parliament and of the Council of 14th June 2006 relating to the taking up and pursuit of the business of credit institutions ;
“branch” in relation to an investment firm has the meaning given in Article 4.1.26 of the markets in financial instruments directive and in relation to a credit institution has the meaning given in Article 4.3 of the banking consolidation directive;
“competent authority”, in relation to an investment firm or credit institution, means the competent authority in relation to that firm or institution for the purposes of the markets in financial instruments directive;
“credit institution” means —
a credit institution authorised under the banking consolidation directive, or
an institution which would satisfy the requirements for authorisation as a credit institution under that directive if it had its registered office (or if it does not have a registered office, its head office) in an EEA State;
“EEA State” has the meaning given by paragraph 8 of Schedule 3 to the 2000 Act ;
“financial instrument” has the meaning given by Article 4.1.17 of the markets in financial instruments directive;
“investment firm” has the meaning given by section 424A of the 2000 Act ;
“markets in financial instruments directive” means Directive 2004/39/EC of the European Parliament and of the Council of 21st April 2004 on markets in financial instruments ;
“regulated activity” has the meaning given by section 22 of the 2000 Act;
“settlement” has the same meaning as in the markets in financial instruments directive;
“UK firm” means an investment firm or credit institution which has a permission given by the Authority under Part 4 of the 2000 Act (or having effect as if so given) to carry on one or more regulated activities.
.
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
24th January 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Amendment) Regulations 2007.
2
These Regulations come into force —
a
on 1st April 2007 —
i
for the purposes of enabling notices to be given in accordance with regulation 9A(3)(b) of the principal regulations (inserted by regulation 3) and enabling the Authority to give directions in accordance with that regulation as to the form of such notices,
ii
for the purposes of enabling notice to be given under regulation 9B(2), 9C(2) or 9D(2) of the principal regulations (inserted by regulation 4),
iii
for the purposes of regulation 9; and
b
for all other purposes, on 1st November 2007.
3
In these Regulations, “the principal regulations” means the Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2007 .
Exempt investment firms
2
1
In regulation 2 of the principal regulations (interpretation) after the definition of “Part IV permission” insert —
“regulated activity” has the meaning given in section 22 of the Act ;
.
2
In Part 2 of the principal regulations (Part IV permission: investment firms) —
a
immediately before regulation 4, insert the heading —
General restriction on giving Part IV permission
;
b
after regulation 4 insert —
Applications to be an exempt investment firm
4A
1
A person may apply in accordance with section 40 of the Act for a Part IV permission to carry on regulated activities as an exempt investment firm.
2
An authorised person may become entitled to carry on regulated activities as an exempt investment firm only by applying for a variation of his Part IV permission in accordance with section 44 of the Act.
3
For the purposes of this regulation, and regulations 4B and 4C, “exempt investment firm” means an authorised person who —
a
is an investment firm within the meaning given in Article 4.1.1 of the markets in financial instruments directive, and
b
has a Part IV permission,
but to whom Title II of the markets in financial instruments directive does not apply.
4
A person may only apply for a Part IV permission as mentioned in paragraph (1), and an authorised person may only apply for a variation of his Part IV permission as mentioned in paragraph (2), if the person or authorised person has his relevant office in the United Kingdom.
5
In paragraph (4) “relevant office” means —
a
in relation to a body corporate, its registered office or, if it has no registered office, its head office, and
b
in relation to a person or authorised person other than a body corporate, the person’s head office.
Limitation on exempt investment firms
4B
An exempt investment firm has no entitlement —
a
to establish a branch by making use of the procedures in paragraph 19 of Schedule 3, or
b
to provide any service by making use of the procedures in paragraph 20 of Schedule 3,
in a case where the entitlement of the firm to do so would, but for this regulation, derive from the markets in financial instruments directive.
Requirements to be applied to exempt investment firms
4C
1
If the Authority —
a
gives to a person who has applied as mentioned in regulation 4A(1) a Part IV permission to carry on regulated activities as an exempt investment firm, or
b
varies the Part IV permission of an authorised person who has applied as mentioned in regulation 4A(2) for a variation to permit him to carry on regulated activities as an exempt investment firm,
the requirements specified in paragraph (3) (“the specified requirements”) shall be treated as being included in the permission by the Authority under section 43 of the Act.
2
Notwithstanding paragraph (1) —
a
the inclusion of the specified requirements in the Part IV permission does not —
i
amount, for the purpose of section 52(6) of the Act, to a proposal to exercise the power of the Authority under section 43(1) of the Act,
ii
amount, for the purpose of section 52(9) of the Act, to a decision to exercise the power of the Authority under section 43(1) of the Act, or
iii
entitle the person to refer a matter under section 55(1) of the Act;
b
the specified requirements shall not expire until the person ceases to be an exempt investment firm and, accordingly, section 43(5) shall not be treated as requiring the Authority to specify a period at the end of which they expire; and
c
no application under section 44 of the Act to vary the permission by cancelling or varying any of the specified requirements may be made by the person unless he informs the Authority when making the application that he wishes to cease to be an exempt investment firm.
3
The requirements are that the person —
a
does not hold clients’ funds or securities and does not, for that reason, at any time, place himself in debt with his clients;
b
does not provide any investment service other than —
i
the reception and transmission of orders in transferable securities and units in collective investment undertakings, and
ii
the provision of investment advice in relation to the financial instruments mentioned in paragraph (i);
c
in the course of providing the investment services mentioned in sub-paragraph (b), transmits orders only to —
i
investment firms authorised in accordance with the markets in financial instruments directive,
ii
credit institutions authorised in accordance with the banking consolidation directive,
iii
branches of investment firms or of credit institutions which are authorised in a third country and which are subject to and comply with prudential rules considered by the Authority to be at least as stringent as those laid down in the markets in financial instruments directive, the banking consolidation directive or Directive 2006/49/ EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions ,
iv
collective investment undertakings authorised under the law of a Member State to market units to the public and to the managers of such undertakings,
v
investment companies with fixed capital, as defined in Article 15(4) of Second Council Directive 77/91/ EEC of 13 December 1976 on the coordination of safeguards required of public companies in respect of their formation and the maintenance and alteration of their capital , the securities of which are listed or dealt in on a regulated market in a Member State.
4
In paragraph (3) —
a
terms and expressions defined in Article 4 of the markets in financial instruments directive and used in the paragraph have the meanings given in that Article;
b
“the banking consolidation directive” means Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions ;
c
other terms and expressions used both in the paragraph and in Article 3 of or Annex 1 to the markets in financial instruments directive have the same meanings in the paragraph as in that Article or Annex; and
d
“Member State”, in sub-paragraph (c)(iv), includes an EEA State that is not a Member State.
.
3
In regulation 10 of the principal regulations (interpretation of Part 3) omit the definitions of “regulated activity” and “Schedule 3”.
Transitional provision in relation to exempt investment firms
3
In Part 3 of the principal regulations (transitional and saving provisions), after regulation 9, insert —
Transitional provision: exempt investment firms
9A
1
Except where paragraph (3) applies, an authorised person who immediately before 1st November 2007 —
a
is an investment firm within the meaning given in Article 4.1.1 of the markets in financial instruments directive,
b
has his relevant office in the United Kingdom, and
c
fulfils all the requirements set out in regulation 4C(3),
becomes an exempt investment firm with effect from that day as if he had applied as mentioned in regulation 4A(2) for a variation of his Part IV permission to permit him to carry on regulated activities as an exempt investment firm and the Authority had so varied the permission on that day.
2
In paragraph (1) “relevant office” has the meaning given in regulation 4A(5).
3
This paragraph applies —
a
to an authorised person having a Part IV permission that, immediately before 1st November 2007 —
i
includes no requirement having the effect of prohibiting the person from holding clients’ funds, or
ii
permits the person, in connection with the carrying on of regulated activities comprising any investment services and activities (excluding activities to which, by virtue of Article 2, the markets in financial instruments directive does not apply), to carry on the activity consisting of both the safeguarding of assets belonging to another and the administration of those assets; and
b
to an authorised person who, before 1st November 2007, gives the Authority notice, in such form as the Authority may direct, that he does not wish to become an exempt investment firm.
4
In paragraph (3) —
a
“clients’ funds”, in sub-paragraph (a)(i), has the same meaning as in Article 3 of the markets in financial instruments directive, and
b
sub-paragraph (a)(ii) is to be construed in accordance with section 22 of the Act, any relevant order made under that section and Schedule 2 to the Act.
5
The variation of a person’s Part IV permission effected by paragraph (1) does not amount to the grant of an application for variation of a Part IV permission for the purpose of section 52(4) of the Act or to the determination of an application under Part IV for the purpose of section 55(1) of the Act.
.
Transitional provision in relation to Part IV permissions
4
In Part 3 of the principal regulations, after regulation 9A (inserted by regulation 3), insert —
Transitional provision: operators of alternative trading systems
9B
1
Any person who immediately before 1st November 2007 —
a
had a Part IV permission to carry on an activity of the kind specified by article 14, 21 or 25 of the principal Order in relation to an investment of a particular kind; and
b
operated an alternative trading system (within the meaning of the Alternative Trading Systems Instrument 2003 (2003/45) made by the Authority under the Act on 19th June 2003),
is, subject to regulation 9C, from 1st November 2007 to be treated as having a Part IV permission to carry on the kind of activity specified by article 25D of the principal Order (inserted by the 2006 Order ) in relation to an investment of the same kind which is a financial instrument.
2
Where the person concerned gave written notice to the Authority on or before 1st October 2007 to that effect, paragraph (1) shall not apply to him.
Transitional provision for investment firms and credit institutions in relation to options, futures and contracts for differences
9C
1
Any person who immediately before 1st November 2007 —
a
was an investment firm or a credit institution (in each case within the meaning of the principal Order as amended by the 2006 Order); and
b
had a Part IV permission to carry on an activity of the kind specified by article 14, 21, 25, 37 or 53 of the principal Order in relation to an investment specified in the first column in the table in Schedule 8,
is from 1st November 2007 also to be treated as having a Part IV permission to carry on that kind of activity in relation to an investment specified in the second column of the table opposite that investment (in so far as he does not already have such permission).
2
Where the person concerned gave written notice to the Authority on or before 1st October 2007 to that effect, paragraph (1) shall not apply to him.
Transitional provision for management companies in relation to options, futures and contracts for differences
9D
1
Any person who immediately before 1st November 2007 —
a
was a management company (within the meaning of the principal Order as amended by the 2006 Order);
b
was providing, in accordance with Article 5.3 of Council Directive 85/611/EEC of 20 December 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities , the investment service specified in paragraph 4 or 5 of Section A, or the ancillary service specified in paragraph 1 of Section B, of Annex I to the markets in financial instruments directive; and
c
had a Part IV permission to carry on an activity of the kind specified by article 14, 21, 25, 37, 40 or 53 of the principal Order in relation to an investment specified in the first column in the table in Schedule 8,
is from 1st November 2007 also to be treated as having a Part IV permission to carry on that kind of activity in relation to an investment specified in the second column of the table opposite that investment (in so far as he does not already have such permission).
2
Where the person concerned gave written notice to the Authority on or before 1st October 2007 to that effect, paragraph (1) shall not apply to him.
.
5
In regulation 10 of the principal regulations, before the definition of “ancillary service” insert —
“the principal Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“the 2006 Order” means the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 ;
.
6
After Schedule 7 to the principal regulations, insert —
SCHEDULE 8
TRANSITIONAL PROVISION FOR PART IV PERMISSIONS
Regulations 9C and 9D
TABLE
Investment in relation to which the person has Part IV permission immediately before 1st November 2007 Additional investments to which the person’s Part IV permission is extended from 1st November 2007
(1)
“Commodity” is amended by the CRD (Consequential Amendments) Instrument 2006 and the Handbook Administration (No 4) Instrument 2006 (2006/64) made by the Authority under the Act on 21st December 2006.
(2)
“Rolling spot forex contract” is defined in the 2001 Instrument .
(3)
The definition of “future” in the 2001 Instrument is from 1st November 2007 affected by the amendment made to article 84 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ( S.I. 2001/544 ) by article 27 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment No. 3) Order 2006 ( S.I. 2006/3384 ).
(4)
“Spread bet” is defined in the 2001 Instrument..
Option (excluding commodity options and options on a commodity future) within the meaning of the General Provisions and Glossary Instrument 2001 (2001/7) made by the Authority under the Act on 21st June 2001(“the 2001 Instrument”) as amended by the Handbook Administration (No 3) Instrument 2006 (2006/21) made by the Authority under the Act on 22nd June 2006 and the CRD (Consequential Amendments) Instrument 2006 (2006/53) made by the Authority under the Act on 23rd November 2006 Those options within the meaning of the 2001 Instrument as last amended by the Glossary (MIFID) Instrument 2007 (2007/1) made by the Authority under the Act on 25th January 2007 (“the 2007 Instrument ”) which are options falling within paragraph 10 of Section C of Annex I to the markets in financial instruments directive (“Section C”) Commodity option within the meaning of the 2001 Instrument Those commodity options within the meaning of the 2001 Instrument as last amended by the 2007 Instrument which are options falling within paragraphs 4, 5, 6 and 7 of Section C Option on a commodity future within the meaning of the 2001 Instrument Those options on a commodity future within the meaning of the 2001 Instrument as last amended by the 2007 Instrument which are options falling within paragraphs 4, 5, 6 and 7 of Section C Future (excluding commodity futures and rolling spot forex contracts ) within the meaning of the 2001 Instrument Those futures (excluding commodity futures and rolling spot forex contracts) which are futures falling within paragraph 10 of Section C Commodity future within the meaning of the 2001 Instrument Those commodity futures within the meaning of the 2001 Instrument as last amended by the 2007 Instrument which are futures falling within paragraphs 5, 6 and 7 of Section C Contract for differences (excluding spread bets and rolling spot forex contracts) within the meaning of the 2001 Instrument Those contracts for differences (excluding spread bets and rolling spot forex contracts) within the meaning of the 2001 Instrument as last amended by the 2007 Instrument which are derivative instruments for the transfer of credit risk falling within paragraph 8 of Section C
.
Amendment of the Appointed Representatives Regulations
7
In the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 , after regulation 3 insert —
Transitional provision in relation to contracts
4
Regulation 3(6) does not apply in relation to a contract made on or before 31st October 2007.
.
Amendment of the EEA Passport Rights Regulations
8
In regulation 1(2) of the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 , in paragraph (a) of the definition of “ UK investment firm”, after “investment firm” insert “(within the meaning of section 424A of the Act)”.
Amendment of the Disclosure of Confidential Information Amendment Regulations
9
In regulation 1(2) of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006 —
a
at the end of sub-paragraph (a) omit “and”;
b
after sub-paragraph (a) insert —
aa
for the purposes of regulation 6(a) on 1st April 2007; and
.
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2007


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Amendment) Regulations 2007 and come into force on 27th July 2007.
Amendment of the Seeds (National Lists of Varieties) Regulations 2001
2
1
The Seeds (National Lists of Varieties) Regulations 2001 are amended as follows.
2
In regulation 2(1) for the definition of “the Equivalence Decision” substitute the following definition —
“the Equivalence Decision” means Council Decision 2005/834/ EC on the equivalence of checks on practices for the maintenance of varieties carried out in certain third countries and amending Decision 2003/17/EC ;
.
3
In regulation 11(2)(b) for “paragraph 2” substitute “paragraph 2 or 3”.
4
For paragraph 2 of Part I of Schedule 1 substitute the following paragraph —
Vegetable varieties
2
Plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:
Name Common name
Allium cepa L . ( Cepa Group) Onion, Echalion Allium cepa L. ( Aggregatum Group) Shallot Allium fistulosum L . Japanese bunching onion or Welsh onion Allium porrum L . Leek Allium sativum L. Garlic Allium schoenoprasum L. Chives Apium graveolens L. Celery, Celeriac Beta vulgaris L. Beetroot including Cheltenham beet, Spinach beet or Chard Brassica oleracea L. Curly kale, Cauliflower, Sprouting broccoli or Calabrese, Brussels sprouts, Savoy cabbage, White cabbage, Red cabbage, Kohlrabi Brassica rapa L. Chinese cabbage, Turnip Cichorium endivia L. Curled-leaved endive, Plain-leaved endive Cucumis melo L. Melon Cucumis sativus L. Cucumber, Gherkin Cucurbita maxima Duchesne Gourd Cucurbita pepo L. Marrow or Courgette Daucus carota L. Carrot, Fodder carrot Lactuca sativa L. Lettuce Lycopersicon esculentum Mill. Tomato Petroselinum crispum (Mill.) Nyman ex A.W.Hill Parsley Phaseolus coccineus L. Runner bean Phaseolus vulgaris L. Dwarf French bean, Climbing French bean Pisum sativum L. (partim) Wrinkled pea, Round pea, Sugar pea Raphanus sativus L. Radish, Black radish Rheum rhabarbarum L. Rhubarb Spinacia oleracea L. Spinach Vicia faba L. (partim) Broad bean Zea mays L. (partim) Sweet corn, Popcorn
.
5
In paragraph 1 of Part II of Schedule 1 in the table of vegetable species omit “(partim)” both times.
6
In paragraph 2 of Part II of Schedule 1 in the table of vegetable species —
a
for the common name “Chilli pepper or Capsicum” substitute “Chilli or Pepper”;
b
omit “(partim)” from the name “ Cichorium intybus L. (partim)”;
c
for the name “ Citrullus vulgaris (C. lanatus) ” substitute “ Citrullus lanatus (Thunb.) Matsum. et Nakai”;
d
for the common name “Cardoon” substitute “Cardoon, Globe artichoke”;
e
for the common name “Scorzonera” substitute “Scorzonera or Black salsify”; and
f
for the name “ Valerianella locusta (L.) Betcke” substitute “ Valerianella locusta (L.) Laterr.”.
7
After paragraph 2 of Part II of Schedule 1 insert the following paragraph —
Derogation in respect of marketing restrictions
3
Other plants conforming with the characteristics of cultivated plant varieties of the following species intended for agricultural or horticultural production but not for ornamental use:
Vegetable Species
Name Common name
Allium cepa L.
— Aggregatum Group
Shallot
Allium fistulosum L. Japanese bunching onion or Welsh onion Allium sativum L. Garlic Allium schoenoprasum L. Chives Rheum rhabarbarum L. Rhubarb
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
26th June 2007
Signed on behalf of the Welsh Ministers
Jane Davidson
Minister for Sustainability and Rural Development, one of the Welsh Ministers
27th June 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No.2) Regulations 2007.
2
These Regulations apply in relation to England and Wales .
3
These Regulations shall come into force on 21st June 2007 but —
a
the amendments made by regulations 3, 4(2), 5 to 10 and 15 shall have effect from 6th April 2006,
b
the amendment made by regulation 13 shall have effect from 1st April 2007,
c
the amendments made by regulations 4(1) and 11, 12 and 14 shall have effect from 6th April 2007, and
d
the amendments made by regulation 16 shall have effect from 1st April 2008.
Amendments to the Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 15 of these Regulations.
Members’ contributions
3
In regulation 12 —
a
in paragraph (1), omit “(but see regulation 15)”; and
b
in paragraph (7) for “Regulations 16 to 18 affect” substitute “Regulations 17 and 18 affect”.
Limits on total amount of benefits
4
1
In regulation 19A(1) , at the beginning insert “Except as provided in regulation 50(1),”.
2
In regulation 19A(3), after “member’s benefits” insert “for the purposes of this or any other regulation”.
Calculations
5
In regulation 20(3A) , at the end add “but the entitlement to the benefit shall not arise until the date on which the member’s appropriate administering authority receives the information it requires to calculate the increase”.
Revenue Limits
6
Omit regulation 24.
Retirement after the normal retirement date
7
In regulation 25A —
a
in paragraph (1), omit “with the consent of his employing authority”; and
b
after paragraph (2) add —
3
A member is not entitled to count any period of service on or after the day before his 75th birthday as a period of membership and is not an active member after that day.
.
Amounts of ill-health pension and grant
8
In regulation 28(3), omit “40 years or” and “whichever is the shorter”.
Re-employed pensioners
9
In regulation 29 —
a
omit the word “and” after “enhanced membership period” and omit sub-paragraph (b); and
b
add the following paragraph —
2
Where a member to whom benefits are paid in accordance with regulation 35(1A) continues to accrue membership after the date on which payment of such benefits takes effect (“the payment date”), his membership prior to the payment date shall only be taken into account after the payment date for the purpose of making the calculations referred to in paragraph (1).
.
Death Grant
10
In regulation 38(1) , after “If a member dies” insert “before his 75th birthday”.
Commutation: small pensions
11
In regulation 49 —
a
for paragraph (1) substitute the following paragraph —
1
A lump sum which is a trivial commutation lump sum within the meaning of section 166 of the Finance Act 2004 or a trivial commutation lump sum death benefit within the meaning of section 168 of that Act may be paid in accordance with the rules relating to the payment of such benefits under that Act.
;
b
omit paragraphs (2) to (6);
c
in paragraph (7), for “and, where the payment is made to a member, for any short-term or long-term pensions which may become payable on his death” substitute “or any other benefit payable under the Scheme in respect of the member”; and
d
omit paragraph (8).
Commutation: exceptional ill-health
12
In regulation 50(1), for “by which the annual rate of the retirement pension exceeds his guaranteed minimum” substitute “of his annual rate of retirement pension, notwithstanding that such lump sum may exceed his lifetime allowance”.
Power of employing authority to increase total membership
13
In regulation 52(2)(a) , for “6 243/365 years” substitute “ten years”.
Elections to pay AVCs
14
1
In regulation 60 —
a
after paragraph (2), insert the following paragraphs —
2A
An election may be made in respect of each employment in respect of which he is a member.
2B
The maximum a person may specify under paragraph (2) in respect of each employment for which he makes such an election is 50 per cent of the remuneration of that employment or an amount equal to 50 per cent of the remuneration of that employment.
; and
b
in paragraph (3), for “It” substitute “The election”.
2
In regulation 61(1), after the words “usual pay day” add “and must be paid from his pay”.
Death benefits
15
In regulation 63(3), at the end add “and must meet the conditions imposed under Part 2 of Schedule 28 to the Finance Act 2004”.
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
16
The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007 shall be amended —
a
in regulation 8, by inserting after paragraph (2) the following new paragraph —
2A
But a member may choose instead to treat as his final pay period either of the two preceding years ending with a day that is the anniversary of the last day he was an active member.
; and
b
in regulation 10(1), by omitting the words “who is in whole-time employment and”.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
17th May 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as Her Majesty’s Inspectorate of the National Probation Service for England and Wales (Specified Organisations) Order 2007 and shall come into force on 1st May 2007.
2
In this Order —
“the 2000 Act ” means the Criminal Justice and Court Services Act 2000.
Specified organisations
2
The following persons and bodies are specified as organisations for the purposes of paragraph 3(4) of Schedule 1A (inspections by other inspectors of organisations within inspectorate’s remit) to the 2000 Act —
a
a local probation board established under section 4 (local probation boards) of the 2000 Act;
b
an organisation or individual with whom a local probation board has made arrangements under section 5(2) (functions of local probation boards) of the 2000 Act, but only in relation to those arrangements; and
c
a manager or other person working at approved premises.
Tony McNulty
Minister of State
Home Office
3rd April 2007


text:
1
1
This Order may be cited as the Patents (Convention Countries) Order 2007 and shall come into force on 6th April 2007.
2
The Patents (Convention Countries) Order 2006 is revoked .
2
1
The countries specified in the Schedule are declared to be convention countries for the purposes of section 5 of the Patents Act 1977.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Northamptonshire) (Corby, Wellingborough, East Northamptonshire and South Northamptonshire) Order 2007 and shall come into force on 5th August 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order; and
references to “Corby”, “Wellingborough”, “East Northamptonshire” and “South Northamptonshire” mean, respectively, the boroughs of Corby and Wellingborough and the districts of East Northamptonshire and South Northamptonshire.
Application
3
This Order applies to the entire area of Corby, Wellingborough, East Northamptonshire and South Northamptonshire except —
a
the entire length of the M1 within South Northamptonshire, including its on and off slip roads at Junction 15, 15a and 16;
b
the entire length of the M40 within South Northamptonshire, including its on and off slip roads;
c
the entire length of the A14 within East Northamptonshire, including its on and off slip roads;
d
the entire length of the A43 within South Northamptonshire, including its on and off slip roads;
e
the entire length of the A45 within Wellingborough and East Northamptonshire, including its on and off slip roads;
f
the Sharman Road car park on Oxford Street (via Sharman Road) in Wellingborough;
g
the Waendel Leisure Centre car park on Thomas Street in Wellingborough; and
h
the Castle Theatre car park on Castle Way in Wellingborough.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
5th July 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2007 and shall come into force on 14th December 2007.
2
These Regulations apply in relation to England.
Amendment of regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1997
2
In the definition of “ NHS sight test fee” in regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1997 —
a
for “£52.04” substitute “£53.34”; and
b
for “£18.85” substitute “£19.32”.
Ann Keen
Parliamentary Under Secretary of State,
Department of Health
19th November 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Finance Act 2007, Schedule 25 (Commencement and Transitional Provisions) Order 2007.
2
In this Order —
“the 2006 Order ” means the Gambling Act 2005 (Commencement No. 6 and Transitional Provisions) Order 2006 ; and
“ BGDA 1981 ” means the Betting and Gaming Duties Act 1981 .
Provisions coming into force on 1st September 2007
2
The provisions of Schedule 25 to the Finance Act 2007, other than the provisions specified in paragraph 23(1) of that Schedule (which came into force on the day that Act was passed), come into force on 1st September 2007.
Transitional provisions
3
In section 505(1)(f)(ii) of the Income and Corporation Taxes Act 1988 (charitable companies: exemption for profits from lotteries) and section 530(2) of the Income Tax Act 2007 (charitable trusts: exemption for profits from lotteries) the references to “lottery operating licence” include an operating licence which is treated as being held by a society by virtue of paragraph 68 of Schedule 4 to the 2006 Order.
4
In section 12(4) of BGDA 1981 (definitions for purposes of Part 1 of that Act) the reference to “general betting operating licence” includes an operating licence granted by virtue of paragraph 40(4) of Schedule 4 to the 2006 Order .
5
1
In section 20C(2) of BGDA 1981 (definitions for purposes of Part 2 of that Act) the references to “bingo premises licence” include a bingo club licence which is to have effect, by virtue of paragraph 62 of Schedule 4 to the 2006 Order, to authorise the licensed premises to be used for providing facilities for gambling as if it were a bingo premises licence.
2
In paragraph (1) “bingo club licence” has the same meaning as in paragraph 1(1) of Schedule 4 to the 2006 Order.
6
1
Paragraph 5(1) of Schedule 3 to BGDA (exemptions from bingo duty: small scale amusements provided commercially) is subject to the following transitional provisions.
2
In paragraph (a) the reference to “family entertainment centre” includes premises in respect of which —
a
an application for a family entertainment centre gaming machine permit under Schedule 10 to the Gambling Act 2005 is treated by virtue of paragraph 98 of Schedule 4 to the 2006 Order as having been granted, or
b
a permit under section 34 of the Gaming Act 1968 is to have effect, by virtue of paragraph 62 of Schedule 4 to the 2006 Order, to authorise the premises to be used for the purposes of providing facilities for gambling as if it were a family entertainment centre premises licence .
3
In paragraph (b) the reference to “an adult gaming centre premises licence” includes a permit under section 34 of the Gaming Act 1968 which is to have effect, by virtue of paragraph 62 of Schedule 4 to the 2006 Order, to authorise the premises to which the permit relates to be used for the purposes of providing facilities for gambling as if it were an adult gaming centre premises licence.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Order (Review by Specified Courts) Order 2007 and shall come into force on the day after the day on which it is made.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
Power to provide for court review
2
1
Subject to paragraph (3) a court specified in paragraph (2) may —
a
when making a community order provide for that order to be reviewed periodically by that or another court specified in paragraph (2);
b
amend a community order so as to include or remove a provision for review by that or another court specified in paragraph (2).
2
The courts referred to in paragraph (1) are —
a
a magistrates’ court sitting at Birmingham Magistrates’ Court, Victoria Law Courts, Corporation Street, Birmingham, B4 6QA,
b
a magistrates’ court sitting at Bradford Magistrates’ Court, The Tyrls, Bradford, BD1 1JL,
c
a magistrates’ court sitting at the City of Salford Magistrates’ Court, Bexley Square, Salford, M3 6DJ,
d
a magistrates’ court sitting at Enfield Magistrates’ Court, The Court House, Lordship Lane, Tottenham, London, N17 6RT,
e
a magistrates’ court sitting at Haringey Magistrates’ Court, Highgate Court House, Bishops Road, Archway Road, Highgate, London N6 4HS,
f
a magistrates’ court sitting at Kingston-upon-Hull Magistrates’ Court, The Law Courts, Market Place, Kingston-upon-Hull, HU1 2AD,
g
a magistrates’ court sitting at Leicester Magistrates’ Court, 15 Pocklingtons Walk, Leicester, LE1 6BT,
h
a magistrates’ court sitting at Merthyr Tydfil Magistrates’ Court, Law Courts, Merthyr Tydfil, CF47 8BU,
i
a magistrates’ court sitting at North Liverpool Community Justice Centre, Boundary Street, Liverpool, L5 2QD, or the Crown Court sitting at that address,
j
a magistrates’ court sitting at Nottingham Magistrates’ Court, Carrington Street, Nottingham, NG2 1EE,
k
a magistrates’ court sitting at Plymouth Magistrates’ Court, St. Andrews Street, Plymouth, PL1 2DP,
l
a magistrates’ court sitting at South Western Magistrates’ Court, 176a Lavender Hill, Battersea, London, SW11 1JU,
m
a magistrates’ court sitting at Stratford Magistrates’ Court, The Court House, 389-397 High Street, Stratford, London, E15 4SB, and
n
a magistrates’ court sitting at Teesside Magistrates’ Court, Teesside Law Courts, Victoria Square, Middlesbrough, TS1 2AS.
3
Nothing in this article shall enable a magistrates’ court to include provision for review by the Crown Court when making a community order.
3
1
Subject to paragraph (2) a community order providing for review by a court may —
a
provide for the order to be reviewed periodically at specified intervals;
b
provide for each review to be made, subject to article 4(4), at a hearing held for the purpose by the court responsible for the order (“a review hearing”);
c
require the offender to attend each review hearing; and
d
provide for the responsible officer to make to the court responsible for the order, before each review, a report on the offender’s progress in complying with the requirements of the order.
2
Where a community order imposes a drug rehabilitation requirement under section 177(1) (i) of the 2003 Act, provision for review of that requirement shall be made in accordance with section 210 of the 2003 Act.
3
In this article references to the court responsible for the order are references to the court specified in the community order as responsible for reviewing the order.
Power to amend community order at review hearing
4
1
At a review hearing (within the meaning of article 3(1)) the court may, after considering any responsible officer’s report prepared pursuant to that paragraph, amend the requirements of the community order, or any provision of the order which relates to those requirements.
2
The court —
a
may not amend the order so as to impose a requirement of a different kind unless the offender expresses his willingness to comply with that requirement;
b
may not amend the order so as to make a requirement more onerous unless the offender expresses his willingness to comply with the requirement as amended;
c
may not amend a mental health treatment requirement or an alcohol treatment requirement unless the offender expresses his willingness to comply with the requirement as amended;
d
may, subject to sub-paragraph (b), extend the duration of a particular requirement (subject to any limit imposed by Chapter 4 of Part 12 of the 2003 Act) but may not extend the date specified under section 177(5) of the 2003 Act by which all the requirements in the order must have been complied with; and
e
except with the consent of the offender, may not amend the order while an appeal against that order is pending.
3
For the purposes of paragraph (2)(a) —
a
a requirement falling within any paragraph of section 177(1) of the 2003 Act is of the same kind as any other requirement falling within that paragraph; and
b
an electronic monitoring requirement is a requirement of the same kind as any requirement falling within section 177(1) to which it relates.
4
If before a review hearing is held at any review the court, after considering any responsible officer’s report prepared pursuant to article 3(1), is of the opinion that the offender’s progress in complying with the requirements of the order is satisfactory, it may order that no review hearing is to be held at that review; and if before a review hearing is held at any review, or at a review hearing, the court, after considering any such report, is of that opinion, it may amend the community order so as to provide for each subsequent review to be held without a hearing.
5
If at a review held without a hearing the court, after considering any responsible officer’s report prepared pursuant to article 3(1), is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
6
If at a review hearing the court is of the opinion that the offender has without reasonable excuse failed to comply with any of the requirements of the order, the court may adjourn the hearing for the purpose of dealing with the case under paragraph 9 or 10 of Schedule 8 to the 2003 Act.
7
At a review hearing the court may amend the community order so as to vary the intervals specified under article 3(1)(a).
8
In this article, any reference to the court, in relation to a review without a hearing, is to be read —
a
in the case of the Crown Court, as a reference to a judge of the court; and
b
in the case of a magistrates’ court, as a reference to a justice of the peace.
Revocation
5
The Community Order (Review by Specified Courts in Liverpool and Salford) Order 2006 is hereby revoked.
David Hanson
Minister of State
Ministry of Justice
21st July 2007


text:
1
This Order may be cited as the A404 Trunk Road (Maidenhead Thicket to Handy Cross) (24 Hours Clearway) Order 2007 and shall come into force on 9th June 2007.
2
In this Order:
“the Trunk Road” means the A404 Trunk Road from its junction with the A404 (M) Motorway and the A4 at Maidenhead Thicket in the Royal Borough of Windsor and Maidenhead, to, and including the roundabout and the link road across the roundabout, at its junction with the M40 Motorway at Handy Cross (Junction 4) in the County of Buckinghamshire;
“a slip road” means
any slip road leading to or from the Trunk Road at its junction with the A4 at Maidenhead Thicket,
any slip road leading to or from the Trunk Road at its junction with the A4130 and Henley Road at Burchett’s Green,
any slip road leading to or from the Trunk Road at its junction with the A4155 at Marlow;
“the road” means the Trunk Road or a slip road;
“carriageway” means a way consisting of, or comprising in, a road being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles and a surface suitable for the exercise of that right;
“layby” means any area of carriageway intended for the waiting of vehicles and bounded partly by a traffic sign of the type shown in diagram 1010 in Schedule 6 to the Traffic Signs Regulations and General Directions 2002 and partly by the outer edge of the carriageway on the same side of the road as the traffic sign;
“water authority” means a water or sewerage undertaker within the meaning of the Water Industry Act 1991 .
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to wait on any part of the road, other than a layby, except upon the direction of, or with the permission of, a police officer in uniform, a traffic warden or a traffic officer.
4
Nothing in article 3 shall apply —
a
so as to prevent a vehicle waiting on any part of the road, other than a layby, for so long as may be necessary to enable that vehicle to be used in connection with —
i
any building operation or demolition;
ii
the removal of any obstruction to traffic;
iii
the maintenance, improvement or reconstruction of the road;
iv
the laying, erection, inspection, maintenance, alteration, repair, renewal or removal in or near the road of any sewer, main, pipe, conduit, wire, cable or other apparatus for the supply of gas, water, electricity or any telecommunications apparatus as defined in Schedule 2 of the Telecommunications Act 1984
b
in relation to a vehicle being used —
i
for police, ambulance, fire brigade or traffic officer purposes;
ii
in the services of a local authority or a water authority in pursuance of statutory powers or duties;
c
in relation to a vehicle waiting when the person in control of it is —
i
required by law to stop;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his or her control.
5
The A404 Trunk Road (Maidenhead Thicket to Handy Cross) (24 Hours Clearway) Order 1994 is revoked.
Signed by authority of the Secretary of State for Transport
P. C. Arnold
Highways Agency
Department for Transport
24th May 2007


text:
1
These Regulations may be cited as the Rules of the Air Regulations 2007 and shall come into force on 30th March 2007.
2
The Rules of the Air set out in Schedule 1 shall have effect and may be cited as the Rules of the Air 2007.
3
The Regulations specified in Schedule 2 are revoked.
Signed by authority of the Secretary of State for Transport
G. Merron
Parliamentary Under Secretary of State
Department for Transport
7th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 and shall come into force on 10th September 2007.
2
These Regulations apply in relation to food provided to pupils of schools maintained by a local education authority in England.
Interpretation
2
1
In these Regulations —
“the Meat Products Regulations ” means the Meat Products (England) Regulations 2003 ;
“the Fruit Juices Regulations ” means the Fruit Juices and Fruit Nectars (England) Regulations 2003 ;
“confectionery” means chewing gum, cereal bars, processed fruit bars, non-chocolate confectionery (whether or not containing sugar), chocolate in any form (except hot chocolate), any product containing or wholly or partially coated with chocolate and any chocolate-flavoured substance, but excludes cocoa powder used in cakes, biscuits and puddings or in a drink listed in group F in Schedule 1;
“food” includes drink;
“fruit juice” means the products described by that name or by the name of “fruit juice from concentrate” in Schedule 1 to the Fruit Juices Regulations ;
“meat” has the meaning assigned to it by Directive 2000/13/ EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ;
“meat product” has the same meaning as in the Meat Products Regulations;
“oily fish” includes anchovies, herring, kipper, mackerel, pilchards, salmon, sardines, trout, tuna (but not canned tuna) and whitebait;
“portion” means an amount of a particular food provided to an individual as part of a meal;
“sandwiches” includes filled rolls and similar products which are ready to eat without further preparation;
“school lunch” means food provided for consumption by pupils as their midday meal on a school day, whether involving a set meal or the selection of items by them or otherwise;
“snacks” means pre-packaged items other than confectionery which are ready to eat without further preparation and which consist of or include as a basic ingredient potato, cereals, soya, nuts, seeds, fruit or vegetables, but does not include sandwiches, cakes or biscuits;
“transfer of control agreement” has the same meaning as in paragraph 2(7) of Schedule 13 to the School Standards and Framework Act 1998;
“vegetable juice” means juice extracted from vegetables or tomatoes with no other substance added, except that any water extracted during concentration may be restored;
“week” means the five days from Monday to Friday.
2
Nothing in these Regulations applies to food provided —
a
at parties or celebrations to mark religious or cultural occasions;
b
at fund-raising events;
c
as rewards for achievement, good behaviour or effort;
d
for use in teaching food preparation and cookery skills, provided that any food so prepared is not served to pupils as part of a school lunch ; or
e
on an occasional basis by parents or pupils.
Food Groups.
3
For the purpose of these Regulations food shall be divided into the groups shown in Schedule 1, and any reference to a group is a reference to one of those groups.
4
Where a school is open for fewer than five days in any week the requirements in Schedules 2 and 3 which refer to the number of times food must or must not be provided by reference to a week shall apply as if the school were open for the whole of that week.
Lunch requirements
5
1
This regulation applies to a school lunch provided
a
to registered pupils at a primary or secondary school which is not a special school, and
b
to any other person on the school premises.
2
Before the dates given in paragraph (5), the nutritional requirements set out in Schedule 2 must be complied with.
3
But paragraph (2) shall not apply in relation to a school where the nutritional standards and requirements in Schedule 3 are complied with.
4
On and after the dates given in paragraph (5), the nutritional standards and requirements in Schedule 3 must be complied with.
5
In relation to primary schools the date is 1st September 2008; and in relation to secondary schools, 1st September 2009.
6
1
This regulation applies to a school lunch provided
a
to registered pupils at a maintained special school or a pupil referral unit, and
b
to any other person on the school premises.
2
Before the date given in paragraph (4), the nutritional requirements set out in Schedule 2 must be complied with.
3
But paragraph (2) shall not apply in relation to a school where the nutritional standards and requirements in Schedule 3 are complied with.
4
On and after 1st September 2009 the nutritional standards and requirements in Schedule 3 must be complied with.
5
Where a maintained special school or a pupil referral unit provides both primary and secondary education a school lunch provided to a junior pupil must comply with the requirements for primary schools in Schedules 2 and 3; and a school lunch provided to a senior pupil must comply with the requirements for secondary schools in Schedules 2 and 3.
Provision of other food
7
Food provided to pupils on school premises on a school day before 6 p.m. otherwise than as part of a school lunch must be provided in accordance with the requirements set out in Schedule 4, except on any part of those premises which is under the control of another person by virtue of a transfer of control agreement.
8
Food provided by the local education authority or the governing body to pupils on a school trip on a school day before 6 p.m. otherwise than as part of a school lunch must be provided in accordance with the requirements set out in Schedule 4.
Drinks
9
The supply of drinking water required by regulation 22(1) of the Education (School Premises) Regulations 1999 must be provided free of charge at all times to registered pupils on the school premises.
10
Fruit juice provided in schools must not contain —
a
honey; or
b
any of the additional ingredients listed in paragraphs 1 and 3(b) of Schedule 3 to the Fruit Juices Regulations.
11
1
Subject to paragraph (2), drinks provided in schools must not contain any added substances other than —
a
food additives in accordance with Directive 89/107/ EEC of the Council of the European Communities on the approximation of the laws of the Member States concerning food additives authorized for use in foodstuffs intended for human consumption ; and
b
any substances mentioned in group F in Schedule 1.
2
Drinks included in group F2 in Schedule 1 (combination drinks) may also contain flavourings in accordance with Directive 88/388/EEC of the European Parliament and Council on the approximation of the laws of the Member States relating to flavourings for use in foodstuffs and to source materials for their production .
Nursery schools
12
1
Subject to paragraph (2), school lunches provided in maintained nursery schools and nursery units within primary schools must comply with the nutritional requirements set out in Schedule 5.
2
If at any time the nutritional standards and requirements in Schedule 2 are complied with in respect of school lunches provided in a maintained nursery school or a nursery unit within a primary school, paragraph (1) shall not apply in relation to that school or unit.
13
Regulations 5, 7 and 8 do not apply to nursery schools or nursery units within primary schools.
Revocation
14
The Education (Nutritional Standards for School Lunches) (England) Regulations 2000 and the Education (Nutritional Standards for School Lunches) (England) Regulations 2006 are revoked.
K Brennan
Parliamentary Under Secretary of State
Department for Education and Skills
9th August 2007


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement amending the Cotonou Agreement) Order 2007.
2
This Order shall come into force on the date upon which the treaty specified in the Schedule to this Order enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
3
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services (EEA State) Regulations 2007, and come into force on 13th February 2007.
Amendment of Schedule 3 to the Financial Services and Markets Act 2000
2
In Schedule 3 to the Financial Services and Markets Act 2000 (EEA Passport Rights), for paragraph 8 substitute —
8
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978 .
.
Amendment of the Credit Institutions (Protection of Depositors) Regulations 1995
3
In regulation 2(1) of the Credit Institutions (Protection of Depositors) Regulations 1995 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Cross-Border Credit Transfers Regulations 1999
4
In regulation 2(1) of the Cross-Border Credit Transfers Regulations 1999 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999
5
In regulation 2(1) of the Financial Markets and Insolvency (Settlement Finality) Regulations 1999 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002
6
In regulation 2(1) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Money Laundering Regulations 2003
7
In regulation 2(1) of the Money Laundering Regulations 2003 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Insurers (Reorganisation and Winding Up) Regulations 2004
8
In regulation 2(1) of the Insurers (Reorganisation and Winding Up) Regulations 2004 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Credit Institutions (Reorganisation and Winding up) Regulations 2004
9
In regulation 2(1) of the Credit Institutions (Reorganisation and Winding up) Regulations 2004 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Financial Services (Distance Marketing) Regulations 2004
10
In regulation 2(1) of the Financial Services (Distance Marketing) Regulations 2004 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Amendment of the Investment Recommendation (Media) Regulations 2005
11
In regulation 2 of the Investment Recommendation (Media) Regulations 2005 , for the definition of “EEA State” substitute —
“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;
.
Claire Ward
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd January 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No.2) Order 2007 and comes into force on 30th May 2007.
2
In this Order —
“designate” means designate for the purposes of section 2(2), and similar expressions are to be construed accordingly;
“Minister or department” means —
a Minister of the Crown or government department, including a Northern Ireland Minister or Northern Ireland department, or
the National Assembly for Wales;
“section 2(2)” means section 2(2) of the European Communities Act 1972;
“subordinate legislation” means orders, rules, regulations or schemes made under section 2(2).
Designation in relation to chemicals, etc.
2
Each of the following is designated in relation to persistent organic pollutants, dangerous substances, preparations and chemicals —
a
any Northern Ireland department; and
b
the National Assembly for Wales.
Designation in relation to jurisdiction, etc.
3
The Lord Chancellor is designated in relation to jurisdiction and the recognition and enforcement of judgments.
Relationship with other designations
4
1
This Order does not restrict the scope of any designation made by any other Order.
2
Where —
a
a Minister or department is designated by this Order, and
b
any other Minister or department is designated in relation to the same matter by this or any other Order,
they may make subordinate legislation in relation to that matter jointly.
Restrictions
5
1
Article 2(a) only designates any Northern Ireland department to make subordinate legislation that forms part of the law of Northern Ireland, except where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
2
Article 2(b) only designates the National Assembly for Wales to make subordinate legislation that applies in relation to Wales, except where the subordinate legislation is made jointly with a Minister of the Crown or government department other than a Northern Ireland Minister or Northern Ireland department.
3
In paragraph (2), “Wales” has the meaning given by section 158(1) of the Government of Wales Act 2006 .
Revocation of earlier designations
6
1
The European Communities (Designation) (No.2) Order 1997 is revoked.
2
The designations described in the Schedule are revoked.
Christine Cook
Deputy Clerk of the Privy Council