text:
PART 1
General provisions
Title, application and commencement
1
These Regulations —
a
may be cited as the Transmissible Spongiform Encephalopathies (No. 2) Regulations 2006;
b
apply in England only; and
c
come into force on 3rd May 2006.
Interpretation
2
1
In these Regulations —
“bovine animal” includes bison and buffalo (including water buffalo);
“ BSE ” means bovine spongiform encephalopathy;
“cattle passport” has the same meaning as in the Cattle Identification Regulations 1998 ;
“ Community TSE Regulation ” means Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies , as amended by, and as read with the instruments set out in Schedule 1;
“inspector” means an inspector appointed under regulation 12, and “veterinary inspector” means a veterinary surgeon appointed by the Secretary of State as an inspector;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county or the council of a district within the county area;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
“slaughterhouse” and (except in Schedule 6, paragraph 10(2)(c)) “cutting plant” mean premises —
approved or conditionally approved as such by the Food Standards Agency under Article 31(2) of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ; or
operating as such under Article 4(5) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin pending such approval; and
“ TSE ” means transmissible spongiform encephalopathy.
2
Expressions that are not defined in these Regulations and occur in the Community TSE Regulation have the same meaning in these Regulations as they have for the purposes of the Community TSE Regulation.
Appointment of competent authority
3
The Secretary of State is the competent authority for the purposes of the Community TSE Regulation except as otherwise specified in these Regulations.
Exception for research
4
1
The provisions of Schedules 2 to 6 do not apply in relation to animals kept for the purposes of research in premises approved for that purpose under this regulation by the Secretary of State.
2
If a bovine animal, sheep or goat kept in approved research premises or its progeny dies or is killed, the occupier must dispose of it as a Category 1 animal by-product in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption , and failure to do so is an offence.
PART 2
Introduction of Schedules
The Schedules
5
The following Schedules have effect —
a
Schedule 2 (TSE monitoring);
b
Schedule 3 (control and eradication of TSE in bovine animals);
c
Schedule 4 (control and eradication of TSE in sheep and goats);
d
Schedule 5 (feedingstuffs);
e
Schedule 6 (specified risk material, mechanically recovered meat and slaughtering techniques); and
f
Schedule 7 (restrictions on dispatch to other member States and to third countries).
PART 3
Administration and enforcement
Approvals, authorisations, licences and registrations
6
1
The Secretary of State shall grant an approval, authorisation, licence or registration under these Regulations if she is satisfied that the provisions of the Community TSE Regulation and these Regulations will be complied with.
2
It must be in writing, and must specify —
a
the address of the premises;
b
the name of the occupier; and
c
the purpose for which it is granted.
3
It may be made subject to such conditions as are necessary to —
a
ensure that the provisions of the Community TSE Regulation and these Regulations will be complied with; or
b
protect public or animal health.
4
If the Secretary of State refuses to grant an approval, authorisation, licence or registration, or grants one subject to conditions, she must —
a
give her reasons in writing; and
b
explain the right of the applicant to make written representations to a person appointed by the Secretary of State.
5
The appeals procedure in regulation 10 then applies.
Occupier’s duty
7
The occupier of any premises approved, authorised, licensed or registered under these Regulations commits an offence if he does not ensure that —
a
the premises are maintained and operated in accordance with —
i
any condition of the approval, authorisation, licence or registration; and
ii
the requirements of the Community TSE Regulation and these Regulations; and
b
any person employed by him, and any person permitted to enter the premises, complies with those conditions and requirements.
Suspension and amendment
8
1
The Secretary of State may suspend or amend an approval, authorisation, licence or registration granted under these Regulations if —
a
any of the conditions under which it was granted is not fulfilled; or
b
she is satisfied that the provisions of the Community TSE Regulation or of these Regulations are not being complied with.
2
A suspension or amendment —
a
shall have immediate effect if the Secretary of State considers it necessary for the protection of public or animal health; and
b
otherwise, shall not have effect for at least 21 days.
3
Notification of the suspension or amendment shall —
a
be in writing;
b
state when it comes into effect;
c
give the reasons; and
d
explain the right of the person who has been notified to make written representations to a person appointed by the Secretary of State.
4
The appeals procedure in regulation 10 then applies.
5
If the suspension or amendment does not have immediate effect and representations are made under regulation 10, it shall not have effect until the final determination of the appeal by the Secretary of State unless she considers that it is necessary for the protection of public or animal health for the amendment or suspension to have effect before then.
Revocations of approvals, etc.
9
1
The Secretary of State may revoke an approval, authorisation, licence or registration granted under these Regulations if she is satisfied that the premises will not be operated in accordance with the Community TSE Regulation or these Regulations and if —
a
it is currently suspended and the period for appeal under regulation 10 has expired or she has upheld the suspension following such appeal;
b
she has previously suspended it and there is further non-compliance with the Community TSE Regulation or these Regulations; or
c
she is satisfied that the occupier no longer uses the premises for the purpose for which it was granted.
2
If the Secretary of State revokes under paragraph (1)(b) or (1)(c) the appeals procedure in regulation 10 applies but the revocation remains in force during that appeals procedure.
Appeals procedure
10
1
Where this regulation applies, a person may make written representations concerning a decision within 21 days of notification of the decision to a person appointed for the purpose by the Secretary of State.
2
The appointed person shall report in writing to the Secretary of State.
3
The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.
Valuations
11
1
This regulation applies when a valuation is necessary under these Regulations.
2
The owner and the Secretary of State may agree such valuation.
3
If the owner and the Secretary of State cannot agree on such valuation, they may jointly appoint a valuer.
4
If the owner and the Secretary of State cannot agree on who the valuer shall be, the President of the Royal Institution of Chartered Surveyors shall nominate the valuer, and both the owner and the Secretary of State must accept the nomination.
5
The valuer shall carry out the valuation and submit it and any other relevant information and documentation to the Secretary of State, and a copy to the owner.
6
Both the owner and a representative of the Secretary of State have the right to be present at a valuation.
7
The valuation is binding on both the owner and the Secretary of State.
Appointment of inspectors
12
The Secretary of State and the local authority shall appoint inspectors for the purposes of the enforcement of these Regulations except as specified in Schedule 6.
Powers of entry
13
1
An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (including any domestic premises if they are being used for any purpose in connection with the Community TSE Regulation and these Regulations) for the purpose of ensuring that the Community TSE Regulation and these Regulations are being complied with; and in this regulation “premises” includes any vehicle, container or structure (moveable or otherwise).
2
He may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
3
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Powers of inspectors
14
1
An inspector may —
a
seize any —
i
animal;
ii
body of an animal, and any parts of the body (including the blood and the hide) and any semen, embryo or ovum; or
iii
animal protein or feedingstuffs that may contain animal protein,
and dispose of them as necessary;
b
carry out any inquiries, investigations, examinations and tests;
c
collect, pen and inspect any animal and for this purpose may require the keeper of any such animal to arrange for the collection and penning of the animal;
d
inspect any body of an animal and any parts of the body (including the blood and the hide) and any semen, embryo or ovum;
e
inspect any part of the premises, any equipment, facility, operation or procedure;
f
take any samples;
g
have access to, and inspect and copy any records (in whatever form they are held) in order to determine if these Regulations are being complied with, including records kept under the Community TSE Regulation and these Regulations, or remove such records to enable them to be copied;
h
have access to, inspect and check the operation of, any computer and any associated apparatus or material that is or has been in use in connection with any record; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
i
mark anything (including an animal) whether electronically or otherwise, for identification purposes; and
j
lock or seal any container or store.
2
Any person who defaces, obliterates, or removes any mark or seal, or removes any lock, applied under paragraph (1) is guilty of an offence.
3
An inspector is not personally liable for anything he does —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he acted in the honest belief that his duty under these Regulations required or entitled him to do it; but this does not affect any liability of his employer.
Notices
15
1
If it is necessary for any reason connected with the enforcement of the Community TSE Regulation or these Regulations an inspector may serve a notice on —
a
the owner or keeper of any animal;
b
the person in possession of the body or any part of the body of an animal (including the blood and the hide) or any semen, embryo or ovum; or
c
the person in possession of any animal protein or feedingstuffs that may contain animal protein.
2
The notice must be in writing, and must give the reasons for it being served.
3
The notice may —
a
prohibit the movement of any animal onto or from the premises specified in the notice;
b
specify those parts of premises to which an animal may or may not be allowed access;
c
require the killing or slaughter of any animal;
d
prohibit or require the movement onto or from premises specified in the notice of the body or any part of the body (including the blood and the hide) of any animal, any animal protein or feedingstuffs that may contain animal protein, and any animal semen, embryo or ovum;
e
require the disposal of the body or any part of the body (including the blood and the hide) of any animal (whether or not it is one that was required to be detained), and any semen, embryo or ovum as may be specified in the notice;
f
require the disposal of any animal protein or feedingstuffs that may contain animal protein or specify how they are to be used; or
g
require the recall of any animal protein or feedingstuffs that may contain animal protein.
4
If an inspector suspects that any premises, vehicle or container to which the Community TSE Regulation or these Regulations apply constitutes a risk to animal or public health, he may serve a notice on the occupier or person in charge of the premises, vehicle or container requiring that person to cleanse and disinfect all or any part of the premises, vehicle or container and any associated equipment.
5
A notice may specify how it must be complied with, and specify time limits.
6
A notice must be complied with at the expense of the person on whom it is served, and if it is not complied with an inspector may arrange to have it complied with at that person’s expense.
7
Failure to comply with a notice is an offence.
Notices restricting movement
16
1
If a notice is served restricting movements, an inspector may subsequently permit movement under the authority of a licence.
2
The person transporting under the authority of a licence must carry the licence with him during movement, and produce it on demand to an inspector, and failure to do so is an offence.
Obstruction
17
A person is guilty of an offence if he —
a
intentionally obstructs an inspector acting under these Regulations;
b
without reasonable cause, fails to give to an inspector acting under these Regulations any assistance or information or to provide any facilities that the inspector may reasonably require him to give or provide for the performance of his functions under these Regulations;
c
gives false or misleading information to an inspector acting under these Regulations; or
d
fails to produce a record when required to do so by an inspector acting under these Regulations.
Penalties
18
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Offences by bodies corporate
19
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
20
1
The Secretary of State enforces Schedule 2 in slaughterhouses and cutting plants.
2
The Food Standards Agency enforces Schedule 6 in slaughterhouses and cutting plants.
3
Otherwise these Regulations are enforced by the local authority.
4
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on the local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations
21
The following Regulations are revoked —
a
the Transmissible Spongiform Encephalopathies Regulations 2006 ;
b
the Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005 ; and
c
the Bovines and Bovine Products (Trade) Regulations 1999 .
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd May 2006


type: legislation

jurisdiction: UK

text:
Title, commencement and application
1
1
This Order may be cited as the Specified Animal Pathogens (Amendment) (England) Order 2006 and comes into force on 4 th July 2006.
2
This Order applies in England only.
Amendment to the Specified Animal Pathogens Order 1998
2
1
The Specified Animal Pathogens Order 1998 is amended as follows.
2
For article 4, substitute —
Prohibitions in relation to specified animal pathogens
4
1
No person shall have in his possession —
a
any animal pathogen specified in Part 1 of the Schedule to this Order; or
b
any carrier in which he knows such a pathogen is present,
except under the authority of a licence issued by the Secretary of State.
2
No person shall deliberately introduce into any animal any animal pathogen specified in either Part 1 or Part 2 of that Schedule, except under the authority of a licence issued by the Secretary of State.
3
Paragraphs (1) and (2) are subject to article 5.
4
If any person has in his possession any thing in respect of which he has reasonable grounds for suspecting that an animal pathogen specified in Part 1 of that Schedule is present, and does not have a licence in respect of that pathogen, he shall forthwith notify a veterinary inspector.
.
3
For article 5(2)(a), substitute —
a
permitted to be placed on the market under the Veterinary Medicines Regulations 2005 or the Medicines for Human Use (Marketing Authorisations etc ) Regulations 1994 ;
.
4
For article 5(2)(c), substitute —
c
in respect of which an animal test certificate has been issued in accordance with regulation 8(3) of the Veterinary Medicines Regulations 2005 .
.
5
For the Schedule, substitute the text in the Schedule to this Order.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
10th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) (Amendment) Regulations 2006 and shall come into force on 6th April 2006.
Interpretation
2
In these Regulations “the 1995 Regulations ” means the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 .
Amendments to the 1995 Regulations
3
The 1995 Regulations are amended as follows.
4
1
Regulation 1.2 (Interpretation) is amended as follows.
2
In the definition of “ AVC scheme” delete “other than a FSAVC scheme”.
3
The definition of “approved scheme” is revoked.
4
After the definition of “authorised provider” insert ““benefit crystallisation event” has the meaning given to it in section 216 of the 2004 Act;”.
5
The definition of “death benefit” is revoked.
6
In the definition of “existing scheme” for “a” substitute “an additional”.
7
The definition of “FSAVC scheme” is revoked.
8
The definitions of “leading scheme” and “main scheme” are revoked and in their place insert ““lifetime allowance charge” has the meaning given to it in section 214 of the 2004 Act;”.
9
The definition of “retirement benefits scheme” is revoked.
10
The definition of “the 1988 Act” is revoked.
11
After the definition of “the 1993 Act” insert ““the 2004 Act ” means the Finance Act 2004 ;”.
12
The definition of “the 1993 Regulations” is revoked.
13
After the definition of “qualifying judicial office” insert ““registered scheme” means a pension scheme that is a registered pension scheme under Part 4 of the 2004 Act;”.
14
The definition of “retained death benefits” is revoked.
15
After the definition of “registered scheme” insert ““tax year” has the meaning given in section 279(1) of the 2004 Act.”.
16
The definition of “voluntary contributions scheme” is revoked.
5
After regulation 1.2 insert —
Effect of exercise of an option under the 2004 Act
1.3
The additional voluntary contributions schemes constituted under these Regulations are separate from any judicial pension scheme constituted under any other enactment and accordingly, where an option under paragraph 2 of Schedule 36 to the 2004 Act has been exercised by the administrators of the judicial pension schemes, that option does not apply to the schemes contained in these Regulations unless the administrators, in exercising that option, had indicated that that option should apply to the schemes contained in these Regulations, or any of them.
.
6
1
Regulation 2.1 (Interpretation and application) is amended as follows.
2
The definition of “aggregated retirement benefit” is revoked.
3
The definition of “final salary” is revoked.
7
1
For regulation 2.3 (Retained benefits) substitute —
Information requirements
2.3
The administrators shall require any person who is, or wishes to become, a member of the scheme, to provide such information as the administrators may require about any benefits which that person may have which are derived from a registered scheme, including any such benefits which have been transferred to another scheme, whether or not in the United Kingdom, but they may require such information only about benefits accrued during some previous employment.
.
8
Regulation 2.4 (which is about retained death benefits) is revoked.
9
For regulation 2.5 (which is about the disclosure of information about retained benefits) substitute —
Disclosure of information
2.5
The administrators may disclose any information which they have obtained about benefits in a registered scheme to the bodies or persons mentioned in section 10(3)(c) of the Act.
.
10
Regulations 2.6 to 2.14 (which are about maximum benefits) are revoked.
11
1
Regulation 2.15 (Maximum contributions) is amended as follows.
2
In paragraph (2) for the first “is” substitute “in”.
3
In paragraph (3) —
a
for sub-paragraph (a) substitute —
a
that amount which, when aggregated with all contributions to any other registered scheme in the same tax year, brings the member’s total contributions for that tax year up to the maximum amount of relief as calculated under section 190 of the 2004 Act;
, and
b
in sub-paragraph (b) for “tax under Schedule E under Part V of the 1988 Act”, in both places, substitute “income tax”.
12
In regulation 2.18 (Manner of making contributions) for “financial year” substitute “tax year”.
13
For regulation 2.22 (Transfer values in) substitute —
Transfers in
2.22
A payment representing the cash equivalent of the member’s accrued rights in any other registered scheme (“the transferring scheme”) may be accepted by the scheme only if the administrator of the transferring scheme certifies that the payment will comprise a recognised transfer as defined in section 169 of the 2004 Act.
.
14
1
Regulation 2.24 (Benefits which may be provided) is amended as follows.
2
In paragraph (1) delete from “Subject” to “2.13,”.
3
For paragraph (2) substitute —
2
The only benefits permitted in respect of the contributions paid by the member are those benefits which —
a
in relation to a money purchase arrangement as defined in section 152(2) of the 2004 Act, or
b
in relation to a lump sum death benefit as defined in paragraph 13 or paragraph 14 of Schedule 29 to the 2004 Act,
would constitute authorised member payments under section 164 of the 2004 Act.
.
4
Paragraph (3) is revoked.
5
For paragraph (4) substitute —
4
Benefits may be paid at or after a member’s normal minimum pension age.
5
At or after his normal minimum pension age the member may choose which type of benefit falling within paragraph (2) shall be payable and shall give the administrators notice of this choice in writing.
6
In this regulation “normal minimum pension age” has the meaning given in section 279(1) of the 2004 Act
.
15
Regulation 2.25 and 2.26 (which relate to the payment of benefits) are revoked.
16
1
Regulation 2.27 (which is about nominations) is amended as follows.
2
For paragraph (1) substitute —
1
Where a member dies while holding qualifying judicial office any lump sum may be paid to the person (if any) nominated by him for the purposes of this paragraph by notice in writing to the administrators of the JAVCS.
.
3
In paragraph (2) for “shall” substitute “may”.
17
1
Regulation 2.28 (Leaving the scheme) is amended as follows.
2
In paragraph (2) —
a
for sub-paragraph (a) substitute —
a
to transfer the value of the member’s accrued benefits to a registered pension scheme;
, and
b
sub-paragraph (d) is revoked.
3
Paragraph (3) is revoked.
18
For the side-note before regulation 2.29 substitute “Tax”.
19
Regulation 2.29 (Surplus funds) is revoked.
20
In regulation 2.30 (which is about payment of tax) after “such person” insert “and, in particular, where there is a liability for the whole or any part of the lifetime allowance charge arising on a benefit crystallisation event in relation to the JAVCS, they shall reduce the fund of the member to whom that liability relates by an amount that is equal in total to the amount of that liability”.
21
Part 3 (Free standing Additional Voluntary Contributions Schemes) is revoked.
22
In regulation 4.1 (Interpretation) the definition of “pension capped salary” is revoked.
23
1
Regulation 4.2 (Membership) is amended as follows.
2
For paragraph (1) substitute —
1
Membership of the JABS, JAYS or JASSPS is limited to persons who were members of the JABS, JAYS or JASSPS immediately before 6th April 2006 and their membership is limited to the particular scheme or schemes of which they were members immediately before 6th April 2006.
.
3
For paragraph (2) substitute —
2
A member of the JAYS shall, subject to the provisions of these Regulations, have a right to purchase added years of pension credit as though he were increasing his length of service in qualifying judicial office.
.
4
Paragraph (4) is revoked.
5
In paragraph (5), after the word “benefit” insert “as though he were increasing the benefits”.
24
For regulation 4.3 (Limits on the added years that may be purchased under the JAYS) substitute —
Limits on the added years that may be purchased under the JAYS
4.3
The maximum number of added years that a member may purchase under JAYS is the difference between his period of service (in years and days) under the Part 1 scheme, including any period of service credited to him on transfer into the Part 1 scheme in accordance with the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 , up to his assumed retirement age, and 20 years.
.
25
Regulation 4.4 (Limits on the added benefits that may be purchased under JASSPS) is revoked.
26
For regulation 4.5 (Limits on the added benefits that may be purchased under JABS) substitute —
Limit on children’s pensions benefits
4.5
Any benefits that are paid under the JABS or JAYS in the form of a children’s pension shall, notwithstanding any provision to the contrary, cease to be paid on the date that the child in receipt of those benefits attains the age of 23.
.
27
1
Regulation 4.6 (Manner of making contributions into the JAYS) is amended as follows.
2
In paragraph (1) after “purchase” insert “pension credits in the form of”.
3
In paragraph (2) after “purchase” insert “pension credits in the form of”.
4
In paragraph (4) for the words from “subject” to “4.9(1)” substitute “subject to the limit on the level of contributions in regulation 4.9”.
28
In regulation 4.7 (Manner of making contributions into the JASSPS), in paragraph (2), for the words from “subject” to “4.9(2)” substitute “subject to the limit on the level of contributions in regulation 4.9”.
29
In regulation 4.8 (Manner of making contributions into the JABS), in paragraph (2), for the words from “subject” to “4.9(3)” substitute “subject to the limit on the level of contributions in regulation 4.9”.
30
For regulation 4.9 (Maximum contributions) substitute —
Maximum contributions
4.9
1
A member may not make contributions at a rate that is higher than the rate at which he was contributing immediately before 6th April 2006 (“the former rate”), or at a rate which would result in a level of benefits that would be higher than the level of benefits that he would have accrued at the former rate.
2
Members may cease to contribute to the JABS, JAYS or JASSPS and may subsequently start contributing at a different rate to the particular scheme or schemes to which they ceased contributing, subject to the limitation in paragraph (1).
.
31
1
Regulation 4.10 (Valuation of benefits under the JAYS) is amended as follows.
2
For paragraph (1) substitute —
1
If a member leaves qualifying judicial service or makes an election under section 13 of the 1993 Act on or after reaching the assumed retirement age, any pension credits in the form of added years that he has purchased shall count as if they were years of service for the purpose of determining the length of his service in qualifying judicial office under Part 1 of the 1993 Act.
1A
If the addition of the years of service mentioned in paragraph (1) would, were they to be years of service accrued other than by the purchase of pension credits, lead to the payment of additional payments under Part 1 of the 1993 Act, then benefits of an equivalent nature to those payable under Part 1 of the 1993 Act shall be paid under the JAYS.
1B
Any benefit paid under paragraph (1A) shall be paid at the time or times when the benefits payable under Part 1 of the 1993 Act would have been payable.
.
3
In paragraph (2) —
a
the words “under section 3 of the 1993 Act” are deleted, and
b
after “credited with” insert “pension credits equivalent to”.
4
In paragraph (3) after “credited with” insert “pension credits equivalent to”.
32
In regulation 4.11 (Valuation of benefits under the JASSPS), in paragraph (1), delete “under the scheme constituted by Part 1 of the 1993 Act”.
33
In regulation 4.12 (Valuation of benefits under the JABS), in paragraph (1), delete “under his existing scheme”.
34
In regulation 4.13 (Refund of contributions) delete paragraph (6)(b).
35
After regulation 4.14 (Monies) insert —
Reduction of benefits
4.15
1
This regulation applies where the scheme administrator of any of the schemes contained in Part 4 of these Regulations pays the whole or any part of the lifetime allowance charge arising on a benefit crystallisation event relating to any of those schemes in relation to a person to whom these Regulations apply.
2
The pensions or other benefits payable under these Regulations to or in respect of the person may (notwithstanding any other provision of these Regulations) be reduced by such amount as, in accordance with normal actuarial practice, reflects the amount of the payment made.
.
Falconer of Thoroton C
Date 1st March 2006
Alistair Darling
Secretary of State
Date 3rd March 2006
Dave Watts
Vernon Caoker
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 13th March 2006


text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 2006.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall, instead of expiring on 31st August 2006, continue in force until 31st December 2006.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Terrorism Act 2006 (Commencement No. 1) Order 2006.
2
1
The following provisions of the Terrorism Act 2006 shall come into force on 13 th April 2006.
2
Those provisions are —
a
sections 1 to 22, together with Schedule 1;
b
sections 26 to 36, together with Schedule 2;
c
sections 37(1) to (4) and 38;
d
section 37(5) in so far as it relates to the entries in Schedule 3 brought into force by sub-paragraph (e) below; and
e
all of the entries in Schedule 3 except those relating to paragraph 36(1) of Schedule 8 to the Terrorism Act 2000 and section 306(2) and (3) of the Criminal Justice Act 2003 .
Charles Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
30th March 2006


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 14) (England) Order 2006.
2
In this Order, “ the Act ” means the Health and Social Care Act 2001.
3
This Order applies in relation to England only.
Appointed day in respect of provision for local pharmaceutical services schemes
2
1
28th February 2006 is the appointed day for the coming into force of —
a
section 40 of the Act (provision for LPS services); and
b
Schedule 3 to the Act,
for the purpose of making regulations.
2
1st April 2006 is the appointed day for the coming into force of —
a
section 40 of the Act in so far as not already in force;
b
Schedule 3 to the Act in so far as not already in force; and
c
Paragraphs 5(12)(a) and 11(4) of Schedule 5 to the Act (minor and consequential amendments) and, in so far as it relates to those paragraphs, section 67(1) of the Act.
Appointed day in respect of pharmaceutical services
3
1st April 2006 is the appointed day for the coming into force of Part 2 of Schedule 6 and, in so far as it relates to that Part, section 67(2) to the Act (repeals).
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
26th February 2006


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) Regulations 2006 and come into force on 11th August 2006.
Amendment of the Education (Student Support) (European Institutions) Regulations 2006
2
The Education (Student Support) (European Institutions) Regulations 2006 are amended in accordance with these Regulations.
3
In regulation 3 —
a
omit the definition of “College”; and
b
for the definition of “current course”, substitute —
“current course” means the designated course in respect of which a person is applying for support;
.
4
In regulation 8(4), for “paragraph (2)” substitute “paragraph (3)”.
5
In regulation 21(3), for “22,700 euro” substitute “24,100 euro”.
6
In regulation 25(4)(b), for “12,840 euro” substitute “13,000 euro”.
7
In paragraph 1(6)(a) of Part 1 of Schedule 1, for “Swiss frontier employed person” substitute “Swiss frontier self-employed person”.
Bill Rammell
Minister of State
Department for Education and Skills
1st July 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) (No.3) Order 2006 and shall come into force on 26 th December 2006.
2
This Order applies in England only.
Specified bodies
2
Beacon Homeloans Limited (Company No. 5304252) and Accord Mortgages Limited (Company No. 2139881) are specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 .
Signed by authority of the Secretary of State for Communities and Local Government
Yvette Cooper
Minister of State
Department for Communities and Local Government
5th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2006 and shall come into force on 14th August 2006.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 (certain non-cash vouchers to be disregarded as payments in kind) is amended as follows.
2
In paragraph 5A after sub-paragraph (c) add —
d
section 319 (mobile telephones).
.
3
In paragraph 5B after sub-paragraph (e) add —
f
section 320A (eye tests and special corrective appliances);
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 2006
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions
James Purnell
Minister of State,
Department for Work and Pensions
20th July 2006
The Department for Social Development concurs.
Sealed with the Official Seal of the Department for Social Development on 21st July 2006
John O'Neill
Senior Officer of the
Department for Social Development


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No.12) Order 2006.
2
The following provisions of the Criminal Justice Act 2003 shall come into force in England and Wales on 6th April 2006 —
a
section 328 (criminal record certificates: amendments of Part 5 of Police Act 1997 ) in so far as it relates to the entries in Schedule 35 referred to in paragraph (c);
b
section 332 (repeals) in so far as it relates to the entries in Schedule 37 referred to in paragraph (d);
c
in Schedule 35 (criminal record certificates: amendments of Part 5 of the Police Act 1997) —
i
paragraph 5, to the extent that it is not already in force, and
ii
paragraphs 6, 8, 9 and 12; and
d
in Part 11 of Schedule 37 (repeals) the entries relating to —
i
section 125 of the Police Act 1997;
ii
the Private Security Industry Act 2001 ;
iii
the Criminal Justice and Police Act 2001 ; and
iv
section 42 of the National Health Service Reform and Health Care Professions Act 2002 .
Andy Burnham
Parliamentary Under Secretary of State
Home Office
14th March 2006


text:
Title and commencement
1
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment No. 2) Regulations 2006.
2
These Regulations come into force on 14th February 2006.
Amendment of the definition of “moorland”
2
1
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 are amended as follows.
2
In the definition of “moorland” in regulation 2(1), for paragraph (b) substitute —
b
shown coloured pink in the three volumes of maps entitled “Moorland Map of England 2006” each volume being marked with the number of the volume, dated 13th February 2006, signed on behalf of the Secretary of State for Environment, Food and Rural Affairs and deposited at the offices of the Department for Environment, Food and Rural Affairs at Ergon House, Horseferry Road, London SW1P 2AL;
.
Bach
Parliamentary Under Secretary of State
Department of Environment, Food and Rural Affairs
9th February 2006


text:
Citation, commencement and extent
1
1
These Regulations —
a
may be cited as the Ozone Depleting Substances (Qualifications) Regulations 2006; and
b
come into force on 10th July 2006.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“authorised person” means a person appointed under regulation 8;
“competent” has the meaning given in regulation 3;
“the Council Regulation” means Regulation ( EC ) No. 2037/2000 of the European Parliament and of the Council on substances that deplete the ozone layer , as amended by Regulations (EC) No. 2038/2000 , 2039/2000 and 1804/2003 and Commission Decisions 2003/160/EC and 2004/232/EC ;
“course of training” includes the training of an employee while that employee is engaged in work for which he is employed;
“employed” means employed under a contract of employment and “employee” and “employer” shall be construed accordingly;
“in-house qualification” means a qualification verified by a certificate of competence or other written confirmation issued by an employer to such of his employees who have successfully completed a course of training provided by that employer relating to relevant work;
“relevant work” has the meaning given in regulation 4;
“work with methyl bromide” means work which involves preventing and minimising the leakage of methyl bromide from fumigation installations and operations in which methyl bromide is used.
2
Expressions used in these Regulations and in the Council Regulation have the same meaning in these Regulations as they have in the Council Regulation.
Meaning of “competent”
3
For the purposes of these Regulations —
a
a person is competent to carry out relevant work whilst performing a task specified in column 1 of the Table in Schedule 1 in respect of the equipment specified in the corresponding entry in column 2 of that Table if that person has obtained the qualification, or, where appropriate, one of the qualifications, specified in the corresponding entry in column 3 of that Table;
b
a person is competent to carry out any other relevant work to which paragraph (a) does not apply, if that person has obtained an in-house qualification in respect of that other relevant work;
c
a person is competent to carry out work with methyl bromide if that person has —
i
obtained the British Pest Control Association Certificate of Proficiency For Fumigation Operators , and
ii
successfully completed the British Pest Control Association module referred to in the list in Schedule 2 which relates to the work in question.
Meaning of “relevant work”
4
In these Regulations, “relevant work” means any work which involves —
a
recovering, recycling, reclaiming or destroying controlled substances; or
b
preventing and minimising the leakage of controlled substances other than work with methyl bromide.
Qualification and supervision
5
1
Subject to paragraph (5) and regulation 6, no person may carry out any relevant work unless he is competent to do so.
2
Subject to paragraph (6), no person may carry out work with methyl bromide unless he is competent to do so.
3
The employer of a person employed to carry out relevant work must ensure that paragraph (1) is complied with.
4
The employer of a person employed to carry out work with methyl bromide must ensure that paragraph (2) is complied with.
5
Subject to paragraph (8), a person who is not competent to carry out relevant work may carry out such work if he does so —
a
under the supervision of a person who is so competent; and
b
with a view to obtaining —
i
a qualification referred to in regulation 3(a), or
ii
an in-house qualification.
6
A person who is not competent to carry out work with methyl bromide may carry out such work if he does so under the supervision of a person who is so competent, and —
a
with a view to —
i
obtaining the Certificate of Proficiency referred to in regulation 3(c), and
ii
completing any of the modules listed in Schedule 2; or
b
if the person has obtained the Certificate of Proficiency, with a view to completing any of the modules listed in Schedule 2.
7
A person is guilty of an offence if he fails to comply with paragraph (1), (2), (3) or (4).
8
Paragraph (5) does not apply to an experienced person who is not competent to carry out relevant work.
9
In this regulation, “experienced person” means a person who carried out relevant work before 10th July 2006.
Transitional provision
6
1
An experienced person who is not competent to carry out relevant work may continue to carry out such work until 9th April 2007.
2
In this regulation, “experienced person” has the same meaning as it has in regulation 5.
Training
7
1
A training employer must ensure that the course of training he provides will enable an employee who has been trained to carry out a relevant job satisfactorily.
2
In respect of each employee trained, a training employer must keep for the required period a record of —
a
the name of the employee trained;
b
the training he provides;
c
the date he provides such training; and
d
the date on which is issued the certificate of competence or other written confirmation that the course of training has been successfully completed.
3
A training employer must provide a copy of the record referred to in paragraph (2) to the employee in question when requested to do so by that employee during the required period.
4
A training employer commits an offence if he fails to comply with paragraph (1), (2) or (3).
5
In this regulation —
a
“relevant job” means relevant work not involving a task specified in column 1 of the Table in Schedule 1 in respect of the equipment specified in the corresponding entry in column 2 of that Table;
b
“the required period” means both —
i
the period during which the employee in question undergoes training provided by the training employer, and
ii
the period during which the employee is employed by the training employer to carry out a relevant job; and
c
“training employer” means an employer who provides training leading to an in-house qualification.
Appointment of persons to enforce these Regulations
8
1
In relation to England and Wales, the Secretary of State or the Environment Agency may appoint such persons as he or they consider appropriate for the purpose of enforcing these Regulations.
2
In relation to Scotland, the Scottish Ministers or the Scottish Environment Protection Agency may appoint such persons as they consider appropriate for the purpose of enforcing these Regulations.
Powers of an authorised person
9
1
An authorised person may exercise, on production, if so required, of his authority, any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.
2
The powers referred to in paragraph (1) are —
a
at any reasonable time to enter premises, other than premises used wholly or mainly for residential purposes, which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of sub-paragraph (a), to take with him any other person whose presence appears to him to be required in connection with the exercise by him of any power under this regulation, including, if he has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;
c
to carry out such inquiries and to make such examination as may be necessary;
d
to require any person whom he reasonably believes can give any information relevant to any examination or investigation under sub-paragraph (c) —
i
to answer (in the absence of anyone other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask, and
ii
to sign a declaration of the truth of his answers;
e
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records; and
f
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation.
3
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(d) is admissible in evidence against the person in any proceedings.
4
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would be entitled to withhold production on the grounds of —
a
legal professional privilege on an order for disclosure and inspection in an action in the High Court; or
b
confidentiality in proceedings in the Court of Session in Scotland.
Miscellaneous offences
10
A person is guilty of an offence if he —
a
intentionally prevents another person from —
i
appearing before an authorised person under regulation 9(2)(d), or
ii
answering any questions to which an authorised person may by virtue of that regulation require an answer;
b
intentionally obstructs an authorised person in the exercise or performance of his powers;
c
furnishes to an authorised person any information which he knows to be false or misleading;
d
fails to produce a record when required to do so by an authorised person; or
e
pretends to be an authorised person.
Corporate offences
11
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
If an offence under these Regulations committed by a partnership is shown —
a
to have been committed with the consent or connivance of a partner; or
b
to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
If an offence under these Regulations committed by an unincorporated association, other than a partnership, is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or
b
to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation —
a
“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
b
“partner” includes a person purporting to act as a partner.
Penalties
12
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Amendment of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002
13
In regulation 5(4) of the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 , omit the words from “but proceedings” to the end.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
8th June 2006


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) (No. 2) Order 2006.
2
In this Order, “the Service Pensions Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 and, except where the context otherwise requires, a reference to a numbered article, Part, or Schedule, is a reference to the article, Part, or Schedule in the Service Pensions Order which bears that number.
3
This Order shall come into force on 21st June 2006.
Amendments to the Service Pensions Order
2
The Service Pensions Order shall be amended in accordance with the following provisions.
Amendment to the Service Pensions Order – Article 8 (constant attendance allowance)
3
In article 8(1) of the Service Pensions Order, for the words “Subject to article 70(4)” substitute the words “Subject to article 71(4)”.
Amendment to the Service Pensions Order - Article 21 (medical expenses)
4
In article 21(1)(c) of the Service Pensions Order, after the word “arising” insert the words “wholly or mainly”.
Amendment to the Service Pensions Order - Schedule 3 (commencing dates of awards)
5
In subparagraph 1(8) of Schedule 3 to the Service Pensions Order, for the words “the award shall take effect from the date on which the suspension took effect and any payment shall be calculated by reference to the date which was payable on that date” substitute the words “the Secretary of State shall adjust the award in accordance with subparagraph 6 and shall make a backdating payment in respect of the award, which payment shall”.
Amendment to the Service Pensions Order – Schedule 6 (interpretation)
6
In part II of Schedule 6 to the Service Pensions Order, at item 25, in the text at “(a)” defining the expression “dependant living as a spouse”, before the words “any award” insert the words “up to the date of”.
A.K.Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Tauheedul Islam Girls High School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Tauheedul Islam Girls High School, 31 Bicknell Street, Blackburn, Lancashire, BB1 7EY, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Muslim.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Payments — Arrears of Pension) Regulations 2006 and shall come into force on 6th April 2006.
Payment of arrears of pension to be an authorised payment
2
1
Where a registered pension scheme pays to a member of the scheme an amount representing accrued arrears of pension, paragraph (2) applies.
2
Paragraph (3) applies to so much of the payment mentioned in paragraph (1) as —
a
does not exceed the amount accrued during the period —
i
ending with the date on which he became entitled to the pension (“the actual start date”); and
ii
beginning with the earliest date from which the member could, at the actual start date, have required the scheme administrator, in accordance with the rules of the scheme, to make a payment of arrears of pension; and
b
constitutes taxable pension income within section 579B of ITEPA 2003 .
3
The amount to which this paragraph applies is a payment of a prescribed description for the purposes of section 164(f).
4
In this regulation —
“entitled” has the meaning given in section 165(3) ; and
a reference to a numbered section, without more, is a reference to the section of the Finance Act 2004 bearing that number.
David Varney
Paul Gray
Two of the Commissioners for Her Majesty’s Revenue and Customs
9th March 2006


text:
1
1
This Order may be cited as the A69 Carlisle to Newcastle Trunk Road (Haydon Bridge Bypass) Order 2006 and shall come into force on 20 October 2006
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA/10/MP/068, marked “The A69 Carlisle to Newcastle Trunk Road (Haydon Bridge Bypass) Order 2006” , signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road.
Signed by authority of the Secretary of State for Transport
John Bagley
A Divisional Director Highways Agency
27 September 2006


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) (Amendment) Regulations 2006 and shall come into force on 11th February 2006.
Amendment of the Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2006
2
1
The Community Drivers' Hours and Working Time (Road Tankers) (Temporary Exception) Regulations 2006 are amended as follows.
2
In regulation 2, for “10th February 2006” substitute “12th March 2006”.
Signed by authority of the Secretary of State for Transport
S.J. Ladyman
Minister of State
Department for Transport
4th February 2006


text:
PART 1 Introduction and restriction
Citation and commencement
1
These Regulations may be cited as the Controls on Dangerous Substances and Preparations Regulations 2006 and come into force on 7th January 2007.
Interpretation
2
1
In these Regulations —
“authorised person” means a person authorised under regulation 9(2) and includes any person authorised under paragraph 11 of Schedule 3;
“ CAS Number” means a number assigned by the Chemicals Abstracts Service and given in the CAS Registry Handbook ;
“the Dangerous Substances Directive” means Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as amended at the date that these Regulations are made ;
“ EINECS Number” means the number given in the European Inventory of Existing Commercial Chemical Substances ;
“the enforcing authority” means in respect of —
England and Wales, the Environment Agency;
Scotland, the Scottish Environment Protection Agency;
Northern Ireland, the Department of the Environment.
“preparations” means mixtures or solutions composed of two or more substances;
“substances” means chemical elements and their compounds as they occur in the natural state or as produced by industry.
2
Other expressions used in these Regulations which are used in the Dangerous Substances Directive have the meaning they bear in that Directive.
Restriction on the placing on the market or use of dangerous substances and preparations
3
1
No person shall place on the market or use any of the dangerous substances and preparations listed in Schedule 1 except in accordance with the restrictions set out in column 4 of that Schedule.
2
Paragraph (1) is subject to regulations 4 to 7.
PART 2 Matters outside the scope of, and exceptions to, the restriction in regulation 3
Matters outside the scope of the restriction in regulation 3
4
Regulation 3(1) does not apply to —
a
the carriage of dangerous substances and preparations by rail, road, inland waterway, sea or air;
b
dangerous substances and preparations exported to a country which is not a Member State of the European Community, or to Norway, Iceland or Liechtenstein;
c
substances and preparations in transit and subject to customs inspection, provided that they undergo no processing;
d
marketing or use for research and development or analysis purposes.
Leaded paint
5
1
A person may market leaded paint if it is marketed with a view to its use as set out in paragraph (2).
2
Subject to paragraph (3), a person may use leaded paint if the paint is used in the restoration or maintenance of —
a
historic buildings or their interiors;
b
scheduled monuments; or
c
fine or decorative works of art,
where it is required to restore or maintain historic textures or finishes.
3
A person who intends to use leaded paint shall —
a
where he intends to obtain the paint from a person who supplies such paint, provide to that person a relevant declaration; or
b
in any other case, provide to the competent body a relevant declaration and comply with paragraph (6).
4
A person may supply leaded paint if he complies with paragraph (5).
5
A person who receives a relevant declaration pursuant to paragraph (3)(a) and agrees to supply leaded paint to the intended user stated in the declaration —
a
shall send the declaration to the competent body with a notification; and
b
shall not supply the paint —
i
earlier than 3 weeks after providing the relevant declaration and notification to the competent body; or
ii
if he receives a notice under paragraph (7)(a) from the competent body.
6
A person who provides a relevant declaration under paragraph (3)(b) shall not use the paint —
a
earlier than 3 weeks after providing the relevant declaration to the competent body; or
b
if he receives a notice under paragraph (7)(a) from the competent body.
7
If a competent body is not satisfied with the content of a relevant declaration or notification, it shall —
a
within 2 weeks of receipt, give notice to that effect in writing to the person from whom it was received with reasons for its decision; and
b
as soon as possible, provide a copy of that notice to the enforcing authority.
8
For the purposes of this regulation —
“competent body” means —
English Heritage if the historic building, scheduled monument or work of art is in England;
Cadw if the historic building, scheduled monument or work of art is in Wales;
the Scottish Ministers if the historic building, scheduled monument or work of art is in Scotland;
the Department of the Environment if the historic building, scheduled monument or work of art is in Northern Ireland;
“historic building” means —
in relation to England and Wales, a listed building within the meaning of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 which is classified as Grade I or Grade II (starred);
in relation to Scotland, a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 which is classified as category A;
in relation to Northern Ireland, a listed building within the meaning of article 42(7) of the Planning (Northern Ireland) Order 1991 ;
“leaded paint” means paint containing lead carbons or lead sulphates listed in column 2 of Schedule 1 against point numbers 17 and 18;
“notification” means a written notification that contains the matters in Part 2 of Schedule 2;
“relevant declaration” means a written declaration that contains the matters in Part 1 of Schedule 2;
“scheduled monument” has the same meaning —
in England, Wales and Scotland, as it has in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 ;
in Northern Ireland, as it has in article 3(2) of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 .
PCP
6
1
PCP may be —
a
placed on the market if the provisions of paragraph (2) or (3) are satisfied; and
b
used if the provisions of paragraph (4) or (5) are satisfied.
2
The placing on the market of PCP intended for use alone or as a component of preparations is permitted if it is approved —
a
under regulation 5(1) of the Control of Pesticides Regulations 1986 ; or
b
under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987 ,
and takes place in accordance with such approval.
3
Until 31st December 2008, any substance that contains PCP may be placed on the market if it has a total H 6 CDD content below 2 parts per million and that substance —
a
is intended solely for the uses permitted under paragraph (4) or (5);
b
is placed on the market in packages of 20 litres or more marked clearly and indelibly with the words, “Reserved for industrial and professional use”;
c
is not sold to the general public; and
d
is not waste to which either of which the following Directives (as amended on the date these Regulations are made) apply —
i
Directive 2006/12/ EC of the European Parliament and of the Council ;
ii
Council Directive 91/689/EEC .
4
The use of PCP alone or as a component of preparations is permitted if that use is approved —
a
under regulation 5(1) of the Control of Pesticides Regulations 1986; or
b
under regulation 5(1) of the Control of Pesticides Regulations (Northern Ireland) 1987,
and takes place in accordance with such approval.
5
Until 31st December 2008, any substance or preparation that contains PCP may be used in industrial installations —
a
in the treatment of wood except that any wood so treated may not be used —
i
inside buildings, whether for decorative purposes or not, and whatever the purpose of the building; or
ii
for the manufacture and re-treatment of —
aa
containers intended for growing purposes;
bb
packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption; or
cc
other materials that may contaminate the products referred to in sub-paragraphs (aa) and (bb);
or
b
for the impregnation of fibres or heavy duty textiles if such material —
i
is not intended for clothing or for decorative furnishings; and
ii
has a total H 6 CDD content below 2 parts per million.
6
For the purposes of this regulation —
“H 6 CDD” means all the isomers of hexachlorodibenzoparadioxin;
“PCP” means pentachlorophenol and its salts and esters.
Nonylphenol and nonylphenol ethoxylate
7
1
Nonylphenol and nonylphenol ethoxylate may be placed on the market or used as part of a pesticide or biocide product if, and to the extent which, the placing on the market or use of the pesticide or biocide is authorised by a relevant approval.
2
In this regulation —
“nonylphenol” means nonylphenol C 6 H 4 (OH)C 9 H 19;
“nonylphenol ethoxylate” means nonylphenol ethoxylate (C 2 H 4 O) n C 15 H 24 O;
“relevant approval” means an approval granted before 17th July 2003 which is valid under —
the Control of Pesticides Regulations 1986;
the Control of Pesticides Regulations (Northern Ireland) 1987;
the Plant Protection Products Regulations 2005 ; or
the Plant Protection Products Regulations (Northern Ireland) 2005 .
PART 3 Enforcement, powers and civil proceedings
Enforcement
8
For the purposes of the control of pollution, the enforcing authority shall enforce the restriction in regulation 3.
Powers of the enforcing authority and authorisation
9
1
The enforcing authority and persons authorised for the purposes of paragraph (2) shall have the powers set out in Schedule 3.
2
The enforcing authority may authorise in writing such persons who appear suitable to act on its behalf, subject to any limitations or conditions as the enforcing authority sees fit.
3
An authorisation under —
a
section 108 of the Environment Act 1995 (powers of enforcing authorities and persons authorised by them); or
b
article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997 (powers of enforcing authorities and persons authorised by them),
is an authorisation for the purposes of paragraph (2).
Proceedings before a civil court
10
If the enforcing authority is of the opinion that proceedings against a person for an offence under Part 4 would afford an ineffectual remedy against that person, the enforcing authority may take civil proceedings against that person for the purpose of seeking such remedy as the enforcing authority believes is appropriate in the circumstances.
.
PART 4 Offences and penalties
CHAPTER 1
Regulations 3 and 5
Offences
11
It is an offence for a person —
a
to contravene the restriction in regulation 3; or
b
to contravene paragraphs (5)(b) or (6) of regulation 5,
or cause or permit another person to do so.
Penalties
12
Any person guilty of an offence under regulation 11 shall be liable —
a
on summary conviction, to a fine which shall not exceed the statutory maximum or to imprisonment not exceeding three months, or both;
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years, or both.
CHAPTER 2
Regulation 9 and Schedule 3
Offences
13
1
It is an offence for a person —
a
intentionally to obstruct an authorised person in the exercise or performance of his powers or duties; or
b
to make a statement which he knows to be false or misleading in a material particular, or recklessly makes a statement which is false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under these Regulations.
2
It is an offence for a person, without reasonable excuse —
a
to fail to comply with —
i
any requirement under the powers in Part 1 or 2 of Schedule 3;
ii
any notice made under Part 4 of Schedule 3;
b
to fail or refuse to provide facilities or assistance or to permit any inspection reasonably required by an authorised person under or by virtue of those powers; or
c
to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to the powers in Part 1 or 2 of Schedule 3.
3
It is an offence for a person falsely to pretend to be an authorised person.
4
In this regulation, “powers or duties” includes powers or duties exercisable by virtue of a warrant under paragraph 11 of Schedule 3.
Penalties
14
1
A person guilty of an offence under regulation 13 shall be liable —
a
in the case of an offence of obstructing an authorised person in the execution of his powers under Part 3 (seizure in cases of imminent danger of serious pollution) of Schedule 3 —
i
on summary conviction, to a fine not exceeding the statutory maximum;
ii
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both;
and
b
in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.
2
A person guilty of an offence under regulation 13(2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
CHAPTER 3
Bodies corporate, Scottish partnerships and remediation
Bodies corporate and Scottish partnerships
15
1
Where an offence under this Part committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
“Officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
3
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where an offence under this Part 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, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
5
In paragraph (4) “partner” includes a person purporting to act as a partner.
Power of court to order cause of offence to be remedied
16
1
Where a person is convicted of an offence under this Part in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
2
The time fixed by an order under paragraph (1) may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) to remedy any matters, that person shall not be liable under regulation 12 or 14 in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2).
PART 5 Appeals against enforcement and prohibition notices
Appeals against enforcement and prohibition notices
17
1
A person on whom an enforcement notice or prohibition notice is served under Part 4 (notices) of Schedule 3 may appeal against that notice to the appeal body.
2
The appeal body means, where the notice is served by —
a
the Environment Agency, the Secretary of State;
b
the Scottish Environment Protection Agency, the Scottish Ministers;
c
the Department of the Environment, the Planning Appeals Commission.
3
An appeal shall be received by the appeal body no later than two months from the date of the notice.
4
The appeal body may allow an appeal received after the date referred to in paragraph (3).
5
Where an appeal is brought, this shall not have the effect of suspending the operation of the notice.
6
On the determination of an appeal, the appeal body may either quash or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the appeal body sees fit.
7
In relation to the making and determination of appeals under this regulation, the appeal body may adopt such procedures as it sees fit.
PART 6 Revocations and savings
Revocations and savings
18
1
The instruments listed in Schedule 4 are revoked.
2
The following Regulations shall continue to have effect in relation to any completed declaration referred to in those Regulations which is made before these Regulations come into force —
a
the Environmental Protection (Controls on Injurious Substances) Regulations 1992 ;
b
the Marketing and Use of Dangerous Substances (No.2) Regulations (Northern Ireland) 1994 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
11th December 2006


text:
Citation and commencement
1
This Order may be cited as the Taxation of Judicial Pensions (Consequential Provisions) Order 2006 and shall come into force on 6th April 2006.
Interpretation
2
In this Order —
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993 ,
“the 1981 Act” means the Judicial Pensions Act 1981 ,
“the 1960 Act” means the Resident Magistrates' Pensions Act (Northern Ireland) 1960 ,
“the 1959 Act” means the County Courts Act (Northern Ireland) 1959 .
Amendments of the 1993 Act
3
1
Section 3 of the 1993 Act (the appropriate annual rate) is amended as follows.
2
In subsection (3) —
a
in paragraph (a)(i) (definition of “pensionable pay”) omit “, within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap),”;
b
in paragraph (b) (definition of “pension-capped salary”) for the words from “, within the” to “assessment” substitute “does not exceed the permitted maximum for the tax year”.
3
After subsection (3) insert —
3A
In subsection (3)(b) above “the permitted maximum” means —
a
in relation to the tax year 2005-06 and any earlier tax year, the permitted maximum within the meaning of section 590C(1) of the Income and Corporation Taxes Act 1988 (earnings cap) as it had effect for the tax year, and
b
in relation to the tax year 2006-07 and any later tax year, the amount arrived at under subsection (3B) below.
3B
The permitted maximum for the tax year 2006-07 and any later tax year is the permitted maximum for the previous tax year increased (if there is a relevant increase in the retail prices index for the tax year) by the appropriate percentage for the tax year.
3C
There is a relevant increase in the retail prices index for a tax year if the retail prices index for the month of September before the tax year is higher than it was for the previous September.
3D
And the appropriate percentage for the tax year is the same percentage as the percentage increase in the retail prices index.
3E
But if the result of the application of subsection (3B) above in relation to a tax year would not be a multiple of £600, the permitted maximum for that tax year is what it would be apart from this subsection rounded up to the nearest amount which is such a multiple.
.
4
In subsection (6) (interpretation of section), insert at the end —
, “retail prices index”, in relation to a month, means —
the general index of retail prices (for all items) published by the Office for National Statistics for the month, or
if that index is not published for the month, any substituted index or index figures published by that Office for the month, and
“tax year” and “the tax year 2006-07” (and corresponding expressions) have the meanings in section 279(1) of the Finance Act 2004.
.
Voluntary contributions
4
1
Section 10 of the 1993 Act (additional benefits from voluntary contributions) is amended as follows.
2
In subsection (4) (what regulations may not do or must do) in paragraph (b), (which refers to a limit fixed by or under section 594 of the Income and Corporation Taxes Act 1988 ), omit “either or both of the following, that is to say” and sub-paragraph (ii) and the word “or” before it.
3
In subsection (8) (interpretation) —
a
omit the definition of “relevant benefits”,
b
in the definition of “retained benefits”, omit “relevant” and for “has, or which may be expected to qualify for, tax-exemption or tax approval” substitute “is registered under Part 4 of the Finance Act 2004”, and
c
omit the definitions of “tax-exemption” and “tax-approval”.
Continuity of tax treatment
5
Section 18 of the 1993 Act (under which the scheme constituted by Part 1 of the 1993 Act is, for tax purposes, to be regarded as amendments of the statutory schemes constituted by or under the 1981 Act) shall cease to have effect.
Section 19 scheme
6
In section 19 of the 1993 Act (benefits in respect of earnings in excess of pension-capped salary), omit subsection (4) (tax treatment).
Other amendments
7
The Schedule contains amendments of enactments other than the 1993 Act.
Vernon Coaker
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2006


text:
Citation, commencement and interpretation
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 and shall come into force on the 31st December 2006.
Application
2
1
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to investigations under the service discipline Acts of offences conducted by service policemen and to persons held in arrest in connection with such an investigation, subject to the modifications specified in column 2 of that Schedule.
2
A service policeman means, for these purposes, a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the staff of the Royal Air Force Provost Marshal.
3
The service discipline Acts are the Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 .
4
This Order applies wherever the investigation takes place.
3
For the purposes of this Order, Schedule 3 shall have effect.
Revocation
4
The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 1997 is revoked.
Tom Watson
Parliamentary Under Secretary of State
Ministry of Defence
24th July 2006