text:
PART 1 Introductory
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Real Estate Investment Trusts (Assessment and Recovery of Tax) Regulations 2006 and shall come into force on 1st January 2007.
2
In these Regulations —
a
“ ICTA ” means the Income and Corporation Taxes Act 1988
b
“ FA 2006 ” means the Finance Act 2006;
c
“ TMA 1970 ” means the Taxes Management Act 1970
d
“ TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 ;
e
a reference to a numbered section or Schedule (without more) is a reference to a section of, or Schedule to, FA 2006 bearing that number;
3
In these Regulations —
“C (residual)” has the meaning given by section 105(3)(c);
“C (post-cessation)” has the meaning given by section 105(3)(d);
“C (tax-exempt)” has the meaning given by section 105(3)(b);
“G (post-cessation)” has the meaning given by paragraph 2(d) of Schedule 17;
“G (property rental business)” has the meaning given by paragraph 3(2)(b) of that Schedule;
“profits” means income and gains; and
“ UK profits” shall be construed in accordance with paragraph 3(2) of Schedule 17.
Introduction
2
1
These Regulations provide for the deduction of sums representing tax —
a
where a company to which Part 4 of FA 2006 applies makes a distribution of profits of C (tax-exempt) or,
b
in a case where Part 4 of FA 2006 applies to a group by virtue of section 134(1), where the principal company makes a distribution out of the UK profits of G (property rental business).
2
Part 2 of these Regulations applies in the case of a company to which Part 4 of FA 2006 applies but which is not part of a group to which that Part applies.
3
Part 3 of these Regulations modifies Part 2 of these Regulations in the case of —
a
C (post-cessation) where the company to which Part 4 of FA 2006 applied was not part of a group to which that Part applied;
b
a group to which Part 4 of FA 2006 applies; and
c
each UK resident company which is a member of G (post-cessation).
PART 2 Companies to which Part 4 of FA 2006 applies, but which are not part of a group
Deduction of tax
3
1
This regulation applies if a company to which Part 4 of FA 2006 applies, and which is not part of a group to which that Part applies, makes a distribution of profits of C (tax-exempt) (“a relevant distribution”).
2
The company must, on making a relevant distribution, deduct from it a sum representing tax at the basic rate in force for the year in which it is made, unless (or to the extent that) regulation 7 authorises the distribution to be made without deduction of tax.
Payments in an accounting period
4
1
This regulation applies if the company makes a relevant distribution in an accounting period of the company.
2
The company must deliver a return to an officer of Revenue and Customs for each return period in which the company makes a relevant distribution and which falls within the accounting period.
3
The return periods are —
a
the quarters ending upon 31st March, 30th June, 30th September and 31st December (“the quarter days”); and
b
any shorter period which —
i
starts on the first day of an accounting period and ends with the first or only quarter day in that accounting period;
ii
begins immediately after the last or only quarter day in that accounting period and ends on the last day of that accounting period; or
iii
is an accounting period which starts and ends within a quarter.
4
The company must deliver the return within 14 days after the end of the return period.
5
The return must show the amount of —
a
any relevant distributions made by the company in the return period, and
b
the tax (if any) payable by the company in respect of those payments.
6
The company must deliver, with the return for the return period which ends on the last day of an accounting period, a reconciliation statement showing, in relation to any distribution made during the accounting period, the amounts (if any) which are attributable to each of paragraphs (a) to (e) of section 123.
Collection and payment of tax
5
1
Tax in respect of a relevant distribution is due, from the company making it, at the time by which the return on which the distribution must be included is required to be delivered.
2
The tax due is equal to the sum which the company is required to deduct from the relevant distribution under regulation 3(2).
3
The tax is payable without an officer of Revenue and Customs making any assessment.
Certificates of deduction of tax
6
1
A company making a relevant distribution which is subject to deduction of tax by virtue of section 122 must furnish the recipient with a statement in writing showing —
a
the gross amount of the payment,
b
the amount of tax deducted, and
c
the actual amount paid.
2
The duty imposed by paragraph (1) is enforceable at the suit or instance of the recipient.
Gross payment of distributions
7
1
A payment of a relevant distribution must be made without deduction of income tax if the company reasonably believes that —
a
the person beneficially entitled to the payment is a person or body to which one of paragraphs (2) and (3) applies;
b
the recipient is a person or body to which paragraph (4) applies, and the payment satisfies the condition in paragraph (5);
c
the recipient is a partnership to which paragraph (6) applies; or
d
the distribution arises in respect of shares held as investments of the Overseas Service Pension Fund established pursuant to section 7(1) of the Overseas Aid Act 1966.
This paragraph is subject to the qualifications in paragraphs (7) and (8) .
2
This paragraph applies to —
a
a company resident in the United Kingdom for corporation tax purposes; and
b
a company that —
i
is not resident in the United Kingdom;
ii
carries on a trade in the United Kingdom through a permanent establishment; and
iii
is required to bring the relevant distribution into account in computing the chargeable profits (within the meaning of section 11(2) of ICTA).
3
This paragraph applies to —
a
a local authority;
b
a health service body within the meaning of section 519A(2) of ICTA ;
c
a public office or department of the Crown to which section 829(1) of that Act applies;
d
a charity within the meaning of section 506(1) of that Act;
e
a body for the time being mentioned in section 507(1) of that Act (bodies which are allowed the same exemption from tax as charities the whole income of which is applied to charitable purposes);
f
an Association of a description specified in section 508 of that Act (scientific research organisations); and
g
the European Investment Fund.
4
This paragraph applies to a payment which is made to —
a
the trustees of a scheme entitled to exemption under section 613(4) of that Act (Parliamentary pension funds) ;
b
the scheme administrator of a registered pension scheme;
c
the sub-scheme administrator of a sub-scheme which forms part of a split scheme pursuant to the Registered Pension Schemes (Splitting of Schemes) Regulations 2006 ;
d
the account provider for a child trust fund within the meaning of section 1(2) of the Child Trust Funds Act 2004 or the nominee of the account provider;
e
the account manager of an account within the meaning of regulation 4(1) of the Individual Savings Account Regulations 1998 or the nominee of the account manager;
f
the plan manager of a plan within the meaning of regulation 4(1) of the Personal Equity Plan Regulations 1989 or the nominee of the plan manager;
and satisfies the condition in paragraph (5).
5
The condition is that the payment is to be applied for the purposes of the fund, scheme, account or plan mentioned in paragraph (4) in respect of which the recipient has duties.
6
This paragraph applies to a partnership each member of which is a person or body mentioned in paragraph (2), (3), or (4), provided that, in the case of a person or body mentioned in paragraph (4) its share of the partnership profits are to be applied for the purposes of the fund, scheme, account or plan in respect of which that person or body has duties.
7
If the owner of securities in a company that is a Real Estate Investment Trust has sold or transferred the right to receive a relevant distribution (whether before or after the sale or transfer), without selling or transferring those securities, the company must deduct tax at the basic rate.
8
If the company reasonably believes, at the time that it makes a payment without deduction of tax, that paragraph (2), (3), (4) or (6) applies, but in fact none of those paragraphs applies, these Regulations shall apply to the payment as if it were never one which could be made without deduction of tax.
9
Upon discovering that the payment mentioned in paragraph (8) is one from which tax should have been deducted, the company making it must deliver an amended return in accordance with regulation 11.
Assessments where relevant distribution included in return
8
1
This regulation applies if any tax in respect of a relevant distribution which is included in a return under these Regulations has not been paid at or before the time mentioned in regulation 5.
2
An officer of Revenue and Customs may make an assessment on the person who made the relevant distribution.
3
Tax may be assessed under this regulation whether or not it has been paid when the assessment is made.
Assessments in other cases
9
1
This regulation applies if an officer of Revenue and Customs thinks —
a
that there is a relevant distribution which should have been included in a return under these Regulations and which has not been so included, or
b
that a return under these Regulations is otherwise incorrect.
2
An officer of Revenue and Customs may make an assessment on the person who made the relevant distribution to the best of the officer’s judgement.
Application of Income Tax Acts provisions about time limits for assessments
10
1
The provisions of the Income Tax Acts about the time within which an assessment may be made apply to assessments under these Regulations, so far as those provisions refer or relate to —
a
the tax year for which an assessment is made, or
b
the year to which an assessment relates.
2
Paragraph (1) applies despite the fact that an assessment under these Regulations may relate to a return period which is not a tax year.
3
The provisions of section 36 of TMA 1970 (fraudulent or negligent conduct) about the circumstances in which an assessment may be made out of time apply accordingly on the basis that any such assessment relates to the tax year in which the return period ends.
4
Section 87 of TMA 1970 (late payments of tax on assessments made or payments due under Schedule 16 to ICTA) applies for the purposes of a payment due under regulation 4 or an assessment made under regulation 8 or 9 .
Company’s duty to deliver amended return
11
1
This regulation applies if a company which has made a relevant distribution becomes aware that —
a
anything which should have been included in a return delivered by the company under these Regulations has not been so included,
b
anything which should not have been included in a return delivered by the company under these Regulations has been so included, or
c
any other error has occurred in a return delivered by the company under these Regulations.
2
The company must deliver an amended return correcting the error to an officer of Revenue and Customs without delay.
3
If the company delivers an amended return such assessments, adjustments, setoffs or payments or repayments of tax as are necessary for achieving the objective mentioned in paragraph (4) must be made.
4
The objective is that the resulting liabilities to income and corporation tax (including interest on unpaid or overpaid tax) of the company or any other person are the same as they would have been if a correct return had been delivered.
PART 3 Company to which Part 4 of FA 2006 formerly applied, and Groups
12
1
Part 2 of these Regulations applies —
a
to a group to which Part 4 of FA 2006 applies;
b
to a company to which Part 4 of FA 2006 formerly applied, but which was not part of a group to which that Part applied, and
c
to a group to which Part 4 of FA 2006 formerly applied
with the following modifications.
2
In a case falling within paragraph (1)(a) the modifications are that —
a
references to the company shall be read as references to the principal company;
b
references to a relevant distribution shall be read as references to a distribution out of amounts shown in the financial statements of G (property rental business) as —
i
the profits of the UK-resident members of the group; and
ii
gains accruing to UK-resident members of the group.
3
In a case falling within paragraph (1)(b) references to company shall be read as references to a company to which Part 4 formerly applied.
4
In a case falling within paragraph (1)(c) —
a
references to company shall be read as references to the principal company of G (post-cessation); and
b
references to relevant distribution are to be read as references to a distribution out of amounts shown in the financial statements of G (property rental business) as —
i
the profits of the UK-resident members of the group; and
ii
gains accruing to UK-resident members of the group.
5
In this regulation —
Dave Watts
Kevin Brennan
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Application to Standing Civilian Courts) Order 2006 and shall come into force on 6th December 2006.
2
In this Order —
“ the Act ” means the Youth Justice and Criminal Evidence Act 1999;
“continuing proceedings” means proceedings instituted before the date on which this Order comes into force;
“existing special measures power” means any existing power of the magistrate to make an order or give leave for the taking of measures in relation to a witness which are similar to those which could be provided for by a special measures direction;
“magistrate” means a person appointed under section 6(4) of the Armed Forces Act 1976 to sit as magistrate in trials before a Standing Civilian Court;
“special measures direction” means a direction under section 19 of the Act.
3
For the purposes of this Order, proceedings before a Standing Civilian Court are to be taken to be instituted when the prosecuting authority referred to in article 6(1) of the Standing Civilian Courts Order 1997 prefers a charge under that article.
Application of the Act
2
1
The provisions of the Act which are specified in column 1 of Schedule 1 to this Order shall apply to proceedings before a Standing Civilian Court, subject to the modifications specified in column 2 of that Schedule.
2
The provisions of the Act which are specified in column 1 of Schedule 2 to this Order (in so far as they are in force) shall have effect for the purpose of proceedings before a Standing Civilian Court subject to the modifications specified in column 2 of that Schedule.
Transitional provisions
3
1
A special measures direction may be given in relation to a witness in continuing proceedings unless the magistrate has before the date this Order comes into force —
a
given leave in relation to the witness in connection with those proceedings under section 32 (evidence through television links) or section 32A (video recordings of testimony of child witnesses) of the Criminal Justice Act 1988 ; or
b
exercised any existing special measures power in relation to the witness in connection with those proceedings.
2
Nothing in —
a
Chapter 2,
b
Chapter 3, and
c
Chapter 5,
of Part 2 of the Act applies in relation to continuing proceedings.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


text:
PART 1 Introduction
Title, commencement and application
1
This Order —
a
may be cited as the Welfare of Animals (Transport) (England) Order 2006;
b
comes into force on 5 January 2007; and
c
applies in relation to England only.
Interpretation
2
1
In this Order “ the Act ” means the Animal Health Act 1981.
2
Expressions used in this Order that are also used in the following Regulations have the meaning they bear in those Regulations.
3
The Regulations are —
a
Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations and amending Directives 64/432/ EEC and 93/119/ EC and Regulation (EC) 1255/97 ;
b
Council Regulation (EC) No 1255/97 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC .
4
Any reference to those Regulations is a reference to those instruments as amended on the date this Order is made.
Extension of definition of “animals” and “poultry”
3
For the purposes of the Act in its application to this Order, the definitions of animals and poultry in section 87 of the Act are extended to cover all vertebrate animals and cold-blooded invertebrate animals.
PART 2 Transport of Animals
General provision on the protection of animals during transport
4
1
It is an offence to transport any animal in a way which causes, or is likely to cause, injury or unnecessary suffering to that animal.
2
It is an offence to transport any animal except in such receptacles or means of transport, under conditions (in particular with regard to space, ventilation, temperature and security) and with such supply of liquid and oxygen, as are appropriate for the species concerned.
3
This article applies to the transport of cold-blooded invertebrate animals.
4
This article applies to the transport of vertebrate animals except those to which Council Regulation (EC) No 1/2005 applies.
Transport
5
1
A person who fails to comply with any of the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act —
a
Article 3 (general conditions for the transport of animals);
b
Article 4(1) (Article 4 relates to transport documentation);
c
Article 5(1) (Article 5 relates to planning obligations for the transport of animals);
d
Article 6(1) (Article 6 relates to transporters);
e
from 5 January 2008, Article 6(5);
f
Article 7 (prior inspection and approval of means of transport);
g
points 1.8, 1.9 or 1.11 of Chapter III of Annex I (Chapter III relates to transport practices).
2
No person shall remove, deface, obliterate or alter a mark made under paragraph (3) of article 24 (powers of inspectors).
3
Copies of the documentation referred to in Article 4 of Council Regulation (EC) No 1/2005 must be kept for 6 months from the completion of the journey.
Transporters
6
A transporter who fails to comply with the following provisions of Council Regulation (EC) No 1/2005 is guilty of an offence against the Act —
a
Article 4(2) (Article 4 relates to transport documentation);
b
Article 5(2) and (4) (Article 5 relates to planning obligations for the transport of animals);
c
Article 6(2), (3), (4), (6) and (8) (Article 6 relates to transporters);
d
Article 6(9) —
i
for means of transport by road in service for the first time on or after the coming into force date of this Order; and
ii
for all means of transport by road on or after 1 January 2009;
e
Article 12 (Article 12 relates to limitation on applications for authorisation).
Roll-on-roll-off vessels
7
1
A master of a roll-on-roll-off vessel who fails to comply with point 3.1 of Chapter II of Annex I to Council Regulation (EC) No 1/2005 (Chapter II relates to additional provisions for transport on roll-on-roll-off vessels) is guilty of an offence against the Act.
2
No transporter shall transport animals on a roll-on-roll-off vessel unless the master of the vessel has first verified the matters referred to in that point.
Organisers
8
An organiser who fails to comply with any of the obligations in Article 5(3) and (4) of Council Regulation (EC) No 1/2005 (Article 5 relates to planning obligations for the transport of animals) is guilty of an offence against the Act.
Keepers
9
A keeper who fails to comply with Article 8 of Council Regulation (EC) No 1/2005 (keepers at places of departure, transfer or destination) is guilty of an offence against the Act.
Assembly centres
10
An operator of an assembly centre who fails to comply with Article 9 of Council Regulation (EC) No 1/2005 (assembly centres) is guilty of an offence against the Act.
Control posts
11
1
It is an offence for a person to operate a control post unless he is approved for that purpose.
2
It is an offence for any person to operate or use a control post unless it is approved in accordance with Article 3(1) of Council Regulation (EC) No 1255/97 .
3
An operator of a control post who fails to comply with any of the following provisions of Council Regulation (EC) No 1255/97 is guilty of an offence against the Act —
a
Article 4 (use of control posts);
b
Article 5 (the operation of control posts);
c
Article 6(1) (confirmation that an animal is fit to continue its journey).
PART 3 Derogations for means of transport by road on journeys under 12 hours
Application
12
In accordance with Article 18(4) of Council Regulation (EC) No 1/2005 , the derogations in this Part apply in respect of a means of transport by road used for a journey that does not exceed 12 hours in order to reach the final place of destination (“means of transport by road”).
Derogation from inspection and approval
13
For the purposes of Article 18(1) of Council Regulation (EC) No 1/2005 , a means of transport by road used to transport animals other than domestic equidae or domestic animals of bovine, ovine, caprine or porcine species does not require a certificate of approval.
Derogation from requirement for continuous access to water
14
For the purposes of point 1.4(b) of Chapter V of Annex I to Council Regulation (EC) No 1/2005 , during a journey pigs —
a
do not require continuous access to water on a means of transport by road;
b
must be offered water at appropriate intervals and afforded an adequate opportunity to drink.
Derogation from insulated roof requirement
15
For the purposes of point 1.1 of Chapter VI to Annex I to Council Regulation (EC) No 1/2005 , the roof on a means of transport by road does not require insulation.
Derogation from temperature requirements
16
1
For the purposes of point 3.1 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 , the temperature on a means of transport by road may fall below 0ºC during a journey —
a
up to the time when the means of transport by road is first moved at the place of departure; and
b
during any unloading and loading occurring at intermediate points in the journey.
2
But where the temperature falls below 0ºC, pigs weighing less than 30 kgs and unaccompanied on the journey by their mother must be provided with adequate quantities of a bedding material appropriate to the species to ensure their thermal comfort.
Derogation from ventilation system requirement
17
The ventilation system on a means of transport by road —
a
does not require the capabilities described in point 3.2 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 ;
b
must be capable of adjustment so as to ensure that the requirements for temperatures set out in that point and in article 16(1) are maintained during the journey.
Derogation from temperature monitoring requirements
18
The temperature monitoring, data recording and warning systems referred to in points 3.3 and 3.4 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 are not required on a means of transport by road.
Derogation from navigation system requirement
19
The navigation system referred to in point 4.1 of Chapter VI of Annex I to Council Regulation (EC) No 1/2005 is not required in a means of transport by road.
PART 4 Approvals
The competent authority
20
1
The Secretary of State is the competent authority for the purposes of granting or issuing —
a
authorisations to transporters in accordance with Articles 10, 11 and 13 of Council Regulation (EC) No 1/2005 ;
b
certificates of competence in accordance with Article 17(2) of that Regulation;
c
certificates of approval of means of transport by road in accordance with Article 18(1) of that Regulation;
d
certificates of approval of livestock vessels in accordance with Article 19(1) of that Regulation.
2
For the purposes of that Regulation, the Secretary of State is the competent authority for —
a
receiving notification of changes relating to authorisations in accordance with Article 6(2);
b
receiving documents in accordance with Article 6(5), (8) and (9) and point 3(b) of Annex II;
c
checking and inspecting journey logs in accordance with Article 14(1) and the second paragraph of point 5 of Annex II;
d
carrying out checks relating to long journeys in accordance with Article 15;
e
recording information relating to livestock vessels in accordance with Article 19(3) and (4);
f
inspecting livestock vessels in accordance with Article 20;
g
requiring action in the event of non-compliance by transporters in accordance with Article 23;
h
receiving notification from other competent authorities of non-compliance in accordance with Article 26(2) and (3);
i
taking action in the event of infringements in accordance with Article 26;
j
inspecting animals, means of transport and accompanying documentation in accordance with Article 27(1);
k
approving classification societies in accordance with point 1 of Chapter IV of Annex I.
3
The Secretary of State is the competent authority for the purposes of —
a
granting or issuing approvals in accordance with Articles 3 and 4(2) of Council Regulation (EC) No 1255/97 ;
b
receiving information on animals passing through a control post in accordance with Article 5(h) and (i) of that Regulation.
4
The Secretary of State is responsible for exercising the functions of a member State for the purposes of —
a
Council Regulation (EC) No 1/2005 ;
b
Council Regulation (EC) No 1255/97 ,
and for designating bodies in accordance with Articles 17(2), 18(1) and 19(1) of Council Regulation (EC) No 1/2005 .
Approvals, authorisations etc
21
Any approval, authorisation or certificate issued under this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 —
a
must be in writing;
b
may be made subject to conditions; and
c
may be amended, suspended or revoked at any time.
Suspension, revocation of approvals etc
22
1
The Secretary of State may, by notice, suspend or amend an approval, authorisation, certificate of approval or certificate of competence if satisfied that any of the conditions under which it was granted or of any provision of Council Regulation (EC) No 1/2005 , Council Regulation (EC) No 1255/97 or this Order have been breached.
2
A suspension under paragraph (1) —
a
has immediate effect where the Secretary of State considers it necessary to protect the welfare of animals;
b
otherwise shall not have effect for at least 21 days following service of the notice.
3
The notice must —
a
give reasons;
b
state when it comes into effect and, in the case of a suspension, state on what date or event it is to cease to have effect; and
c
explain the right of the recipient of the notice to make written representations to a person appointed by the Secretary of State.
4
Where the notice does not have immediate effect, and representations are made under article 23, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with article 23 unless the Secretary of State decides that it is necessary for the protection of animal welfare for the amendment or suspension to have immediate effect and gives notice to that effect.
5
Where a suspension is upheld, the Secretary of State may, by notice, revoke an approval, authorisation, certificate of approval or certificate of competence if satisfied that this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 will not be complied with.
6
A notice must not be issued under paragraph (5) until the process in article 23 (if any) has been completed.
Representations to an appointed person
23
1
A person may make written representations against a refusal, condition, amendment, suspension or revocation of an approval, authorisation or certificate to a person appointed for the purpose by the Secretary of State.
2
Any representations must be made within 21 days of receiving notification of the Secretary of State’s decision.
3
The appointed person must consider the representations and report in writing to the Secretary of State.
4
The Secretary of State must give to the person making the representations written notification of his final determination and his reasons for it.
PART 5 Miscellaneous
Powers of inspectors
24
1
If an inspector considers animals are being transported, or are to be transported, in a way which —
a
contravenes any provision of this Order; or
b
constitutes an offence against the Act by virtue of this Order,
he may serve a notice on the person appearing to him to be in charge of the animals requiring that person to take any action necessary to ensure compliance with this Order, giving reasons for the requirements.
2
An inspector may in particular —
a
prohibit the transport of the animals, either indefinitely or for a period specified in the notice;
b
specify conditions under which the animals may be transported;
c
require the journey to be completed, or the animals to be returned to their place of departure, by the most direct route, provided that this course of action would not cause unnecessary suffering to the animals;
d
require animals not fit to complete their journey to be unloaded, watered, fed or rested;
e
require the animals to be held in suitable accommodation with appropriate care until the problem identified in the notice is solved;
f
require the humane slaughter or killing of the animals; or
g
require a means of transport or container to be repaired or replaced before it is used to transport animals.
3
Where it is necessary for identification purposes, an inspector may mark an animal.
4
An inspector may take copies of any document inspected for the purpose of ascertaining whether the provisions of this Order, Council Regulation (EC) No 1/2005 or Council Regulation (EC) No 1255/97 have been complied with.
5
An inspector may serve on the owner, or any person appearing to him to be in charge of a control post, a notice requiring him to take any action the inspector reasonably considers necessary to ensure compliance with, or remedy any infringement of, Council Regulation (EC) No 1255/97 .
6
In particular, an inspector may —
a
require one or more animals at a control post to be removed from the control post;
b
specify conditions under which animals may remain there.
7
In deciding whether to serve a notice under this article, an inspector may take into account any previous failure to comply with any provision of this Order, any other Order made under sections 37, 38 or 39 of the Act or point 8 of Annex II to Council Regulation (EC) No 1/2005 (return of documents after completion of journey).
8
Where a person fails to comply with the requirements of a notice served under this article, an inspector may take any steps he considers necessary to ensure the requirement is met.
9
The person in default shall reimburse any reasonable expenses incurred by the Secretary of State or the local authority in taking such steps and any such debt is recoverable summarily.
Compliance with notices
25
Any notice served under this Order must be complied with at the expense of the person on whom it is served, except where otherwise provided in that notice.
Production of plans
26
1
The owner or charterer of any vessel to be used for the transport of animals must —
a
produce, on demand to an officer of the Secretary of State plans of the vessel (including details of its ventilation system and any fittings for livestock); and
b
provide, on demand, such information concerning the vessel as the officer considers necessary to enable him to ascertain whether the provisions of this Order will be complied with during the proposed journey
2
But no person has to provide any information which he cannot, with the exercise of reasonable diligence, obtain.
Obstruction
27
No person shall —
a
without reasonable cause, fail to give any person acting under Council Regulation (EC) No 1/2005 , Council Regulation (EC) No 1255/97 or this Order any assistance or information which that person may reasonably require for the purposes of his functions under those Regulations or this Order;
b
provide false information on any journey log (whether submitted for approval, returned to the officer of the Secretary of State after the journey or otherwise) or provide false or misleading information on any documentation carried pursuant to Article 4 of Council Regulation (EC) No 1/2005 ;
c
make an entry in a record or statement, or give any information for the purposes of this Order, which he knows to be false or misleading in any material particular or, for those purposes, recklessly make a statement or give any information which is false or misleading in any material particular; or
d
cause or permit any of the above.
Offences by bodies corporate
28
1
If an offence under this Order 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
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
“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.
Enforcement
29
1
This Order is enforceable by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) shall be discharged by the Secretary of State and not the local authority.
Amendments
30
1
The Transport of Animals (Cleansing and Disinfection (England) (No 3) Order 2003 is amended as follows.
2
In article 3, omit paragraph (2).
3
Omit article 4.
4
In article 5, omit paragraph (2).
5
In article 9(4), omit “,4”.
6
Omit Schedule 1.
Revocations
31
The Schedule (Orders revoked) has effect.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
5th December 2006


text:
Citation, interpretation and commencement
1
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2006.
2
In these Regulations “the principal Regulations ” means the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 2005 .
3
Subject to paragraphs (4) to (7), these Regulations shall come into force on 9th December 2006.
4
Regulation 4 shall come into force on 30th December 2006.
5
Regulation 5 shall come into force on 21st January 2007.
6
Regulation 6 shall come into force on 21st April 2007.
7
Regulation 7 shall come into force on 30th December 2007.
Amendments to the principal Regulations
2
The principal Regulations are amended in accordance with regulations 3 to 7.
Amendments coming into force on 9th December 2006
3
1
In regulation 2(1) (interpretation), for the definition of “the Residues Directives” substitute the following definition —
“the Residues Directives” means Directive 76/895 , Directive 86/362 , Directive 86/363 and Directive 90/642 , in each case as amended at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2006
.
2
In Schedule 2 (maximum residue levels) —
i
for the entries in the columns relating to the pesticides Benomyl and Carbendazim, Chlormequat, Cyazofamid, Fenbutatin Oxide, Fenhexamid, Linuron, Pymetrozine, Thiophanate-methyl and Triadimefon and Triadimenol, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations;
ii
in the column relating to the pesticide Oxadiargyl, for the entry for the food group 2(v)(a) Lettuce, substitute “0.01*”.
3
In Schedule 3, in paragraph 2(v)(a) (lettuce and similar), in column 2, beneath “Scarole” insert “Ruccola” and beneath that insert “Leaves and stems of brassica”.
Amendments coming into force on 30th December 2006
4
Schedules 1 and 2 of the principal Regulations are amended as follows —
a
in Schedule 1 (pesticide residues), for the entry relating to Deltamethrin, substitute the entry for Deltamethrin set out in Schedule 2 to these Regulations; and
b
in Schedule 2 —
i
for the entries in the columns relating to Carbaryl, Deltamethrin, Endosulfan, Fenitrothion and Methidathion, substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations;
ii
at the end, insert as footnote 47 the footnote numbered (47) set out on page 25 to these Regulations.
Amendment coming into force on 21st January 2007
5
Schedules 1 and 2 of the principal Regulations are amended as follows —
a
in Schedule 1 —
i
for the entry for Cyfluthrin, substitute the entry for Cyfluthrin set out in Schedule 2 to these Regulations;
ii
in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Fenthion set out in Schedule 2 to these Regulations;
b
in Schedule 2 —
i
for the entries in the columns relating to Abamectin, Atrazine, Azinphos-ethyl, Cyfluthrin, Ethephon, Fenpropimorph, Methamidophos, Methomyl thiodicarb, Myclobutanil, Paraquat, Thiabendazole, Triazophos and Trifloxystrobin substitute the entries in the columns relating to those pesticides set out in Schedule 1 to these Regulations;
ii
in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Fenthion set out in Schedule 1 to these Regulations; and
c
in Schedule 3, in paragraph 3 (pulses), in column 2, beneath “Peas” insert “Lupins”.
Amendment coming into force on 21st April 2007
6
Schedules 1 and 2 of the principal Regulations are amended as follows —
a
in Schedule 1, in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Pyraclostrobin set out in Schedule 2 to these Regulations; and
b
in Schedule 2 —
i
for the column relating to Glyphosate substitute the two columns relating to Glyphosate set out in Schedule 1 to these Regulations;
ii
in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Pyraclostrobin set out in Schedule 1 to these Regulations.
Amendment coming into force on 30th December 2007
7
Schedules 1 and 2 of the principal Regulations are amended as follows —
a
in Schedule 1, in the appropriate place in the alphabetical sequence, insert the entry for the pesticide Oxamyl set out in Schedule 2 to these Regulations; and
b
In Schedule 2, in the appropriate place in the alphabetical sequence, insert the entries in the column relating to the pesticide Oxamyl set out in Schedule 1 to these Regulations.
Amendment to and revocation of part of regulation 6 of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006
8
In regulation 6 (amendments coming into force on 21st April 2007) of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2006 —
a
in paragraphs (a)(ii) and (b)(ii), “Pyraclostrobin” is deleted; and
b
paragraph (b)(i) is revoked.
D Elis-Thomas
Presiding Officer
National Assembly for Wales
24th October 2006
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
6th November 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) (No.2) Regulations 2006.
2
These Regulations come into force on 18th August 2006.
3
Regulation 2 has effect from 5th July 2006.
4
In these Regulations “the Contributory Fund Regulations ” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 .
Amendment of the Contributory Fund Regulations
2
1
Paragraph (3) of regulation C3 of the Contributory Fund Regulations (membership for office holders) is amended as follows.
2
In sub-paragraph (b) omit “and”.
3
After paragraph (b) insert “(ba) the office of Speaker of the House of Lords; and”.
Jack Straw
Leader of the House of Commons
19th July 2006
I consent
Hilary Armstrong
for the Minister for the Civil Service
19th July 2006


text:
1
This Order may be cited as The Education (School Teachers’ Pay and Conditions) (No. 2) Order 2006 and shall come into force on 1st September 2006.
2
This Order applies to school teachers within the meaning of section 122 of the Education Act 2002 in England and Wales.
3
The Education (School Teachers’ Pay and Conditions) (No. 3) Order 2005 , The Education (School Teachers’ Pay and Conditions) (No. 4) Order 2005 and The Education (School Teachers’ Pay and Conditions) Order 2006 are revoked.
4
It is directed that the provisions set out in section 2 of the document entitled “School Teachers’ Pay and Conditions Document 2006 and Guidance on School Teachers’ Pay and Conditions” and published by The Stationery Office Limited, shall have effect from 1st September 2006, except for the provisions in Annex 6 which shall have effect from 1st September 2007.
Jim Knight
Minister of State
Department for Education and Skills
1st August 2006


text:
Citation, commencement and application
1
1
This Order may be cited as the Housing (Right to Buy)(Priority of Charges)(England)(No.2) Order 2006 and shall come into force on 10th October 2006.
2
This Order applies in England only.
Specified bodies
2
Morgan Stanley Bank International Limited (Company No. 3722571) is specified as an approved lending institution 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
19th September 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Markets in Financial Instruments) (Modification of Powers) Regulations 2006, and come into force on 6th December 2006.
2
In these Regulations, “ the Act ” means the Financial Services and Markets Act 2000 .
Amendment of the Financial Services and Markets Act 2000
2
The Act is amended as follows.
Amendment of section 138 of the Act
3
In section 138 of the Act (general rule-making power) —
a
after subsection (1) insert —
1A
The Authority may also make such rules applying to authorised persons who are investment firms or credit institutions, with respect to the provision by them of a relevant ancillary service, as appear to the Authority to be necessary or expedient for the purpose of protecting the interests of consumers.
1B
“Credit institution” means —
a
a credit institution authorised under the banking consolidation directive, or
b
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.
1C
”Relevant ancillary service” means any service of a kind mentioned in Section B of Annex I to the markets in financial instruments directive the provision of which does not involve the carrying on of a regulated activity.
;
b
in subsection (7)(a) —
i
at the end of sub-paragraph (i) omit “or”, and
ii
after sub-paragraph (i) insert —
ia
authorised persons who are investment firms or credit institutions in providing a relevant ancillary service; or
.
Amendment of section 145 of the Act
4
In section 145 of the Act (financial promotion rules), after subsection (3) insert —
3A
But subsection (3) does not prevent the Authority from making rules under subsection (1) in relation to a communication that would not contravene section 21(1) if made by a person other than an authorised person, without the approval of an authorised person, if the conditions set out in subsection (3B) are satisfied.
3B
Those conditions are —
a
that the communication would not contravene subsection (1) of section 21 because it is a communication to which that subsection does not apply as a result of an order under subsection (5) of that section;
b
that the Authority considers that any of the requirements of —
i
paragraphs 1 to 8 of Article 19 of the markets in financial instruments directive; or
ii
any implementing measure made under paragraph 10 of that Article,
apply to the communication; and
c
that the Authority considers that the rules are necessary to secure that the communication satisfies such of the requirements mentioned in paragraph (b) as the Authority considers apply to the communication.
.
Amendment of section 157 of the Act
5
In section 157 of the Act (guidance), in subsection (5), after “Chapter” insert “(except in section 158A)”.
Section 158A of the Act
6
After section 158 of the Act (notification of guidance to the Treasury) insert —
Guidance on outsourcing by investment firms and credit institutions
158A
1
Without prejudice to the generality of section 157, the Authority must give guidance in the terms required by Article 15(3) of Commission Directive 2006/73/ EC of 10 August 2006 (requirement to publish statement of policy on outsourcing of investment services by investment firms and credit institutions).
2
Subsections (1), (2)(b) and (d), (4), (5), (6)(a) and (7) of section 155 apply to guidance which the Authority is required to give under this section as they apply to proposed rules.
3
The Authority must publish its guidance under this section.
4
The Authority may offer copies of the published guidance for sale at a reasonable price.
5
Subsections (1) to (4) of section 158 apply to guidance under this section as they apply to general guidance (as defined by section 158(5)).
.
Amendment of section 159 of the Act
7
In section 159 of the Act (interpretation of Chapter 3 of Part 10), in subsection (1), in paragraph (b) of the definition of “regulating provisions”, after “(as defined by section 158(5))” insert “or guidance under section 158A”.
Amendment of section 286 of the Act
8
In section 286 of the Act (qualification for recognition), after subsection (4) insert —
4A
If regulations under subsection (1) require an investment exchange to make information available to the public in accordance with —
a
Article 29.1 of the markets in financial instruments directive and the Commission Regulation, or
b
Article 44.1 of that directive and that Regulation,
the regulations may authorise the Authority to waive the requirement in the circumstances specified in the relevant provisions.
4B
The “relevant provisions” for the purposes of subsection (4A) are —
a
in a case falling within paragraph (a) of that subsection, Article 29.2 of the markets in financial instruments directive and the Commission Regulation, and
b
in a case falling within paragraph (b) of that subsection, Article 44.2 of that directive and that Regulation.
4C
If regulations under subsection (1) require an investment exchange to make information available to the public in accordance with —
a
Article 30.1 of the markets in financial instruments directive and the Commission Regulation, or
b
Article 45.1 of that directive and that Regulation,
the regulations may authorise the Authority to defer the requirement in the circumstances specified, and subject to the requirements contained, in the relevant provisions.
4D
The “relevant provisions” for the purposes of subsection (4C) are —
a
in a case falling within paragraph (a) of that subsection, Article 30.2 of the markets in financial instruments directive and the Commission Regulation, and
b
in a case falling within paragraph (b) of that subsection, Article 45.2 of that directive and that Regulation.
4E
”The Commission Regulation” means Commission Regulation 1287/2006 of 10 August 2006.
.
Amendment of section 292 of the Act
9
In section 292 of the Act (overseas investment exchanges and overseas clearing houses), in subsection (3)(a), after “requirements” insert “, other than any such requirements which are expressed in regulations under section 286 not to apply for the purposes of this paragraph”.
New section 424A of the Act
10
After section 424 of the Act (insurance) insert —
Investment firm
424A
1
In this Act, “investment firm” has the meaning given in Article 4.1.1 of the markets in financial instruments directive.
2
Subsection (1) is subject to subsections (3) to (5).
3
References in this Act to an “investment firm” include references to a person who would be an investment firm (within the meaning of Article 4.1.1 of the markets in financial instruments directive) if —
a
his registered office, or
b
in the case of an individual or a body corporate with no registered office, his head office,
were in an EEA State.
4
But subsection (3) does not apply if the person in question is one to whom the markets in financial instruments directive would not apply by virtue of Article 2 of that directive.
5
References in this Act to an “investment firm” do not include references to —
a
a person to whom the markets in financial instruments directive does not apply by virtue of Article 2 of the directive; or
b
a person whose home Member State (within the meaning of Article 4.1.20 of the markets in financial instruments directive) is an EEA State and to whom, by reason of the fact that the State has given effect to Article 3 of that directive, that directive does not apply by virtue of that Article.
.
Amendment of section 425 of the Act
11
In section 425 of the Act (expressions relating to authorisation elsewhere in the single market), in subsection (1)(a), after ““investment services directive”,” insert ““markets in financial instruments directive”,”.
Amendment of Schedule 1 to the Act
12
In Schedule 1 to the Act (the Financial Services Authority), in paragraph 1(2)(e), after “(as defined by section 158(5))” insert “or guidance under section 158A”.
Amendment of Schedule 3 to the Act
13
In Schedule 3 to the Act (EEA passport rights), after paragraph 4B, insert —
The markets in financial instruments directive
4C
”The markets in financial instruments directive” means Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments.
.
Transitional provision: rules under sections 138 and 145 of the Act
14
If, before these Regulations come into force —
a
the Authority has taken any step mentioned in section 155 of the Act in relation to rules proposed to be made under section 138 or 145 of the Act as amended by these Regulations; and
b
that step would have satisfied a requirement of section 155 in relation to those rules had it been taken after these Regulations come into force,
the step shall be treated as having satisfied that requirement of section 155.
Transitional provision: guidance on outsourcing by investment firms and credit institutions
15
If, before these Regulations come into force —
a
the Authority has taken any step mentioned in subsection (2) of section 158A of the Act (inserted by these Regulations) in relation to guidance of the sort referred to in subsection (1) of that section; and
b
that step would have satisfied a requirement of section 158A(2) in relation to that guidance had it been taken after these Regulations come into force,
the step shall be treated as having satisfied that requirement.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 2006


text:
Citation and commencement
1
These Regulations may be cited as The Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2006 and shall come into force at 2 p.m. on 6th December 2006.
Variation of the Finance Act 2003
2
1
Part 4 of the Finance Act 2003 is varied —
a
in its application to land transactions which are scheme transactions, within the meaning of the new section 75A set out in paragraph 1 of the Schedule to these Regulations, in accordance with that paragraph (which inserts new section 75A and provides for the charge in respect of those transactions to be computed by reference to a notional land transaction), and
b
in its application to land transactions involving a partnership, in accordance with paragraph 2 of the Schedule to these Regulations.
2
In these Regulations —
a
expressions which are used in Part 4 of the Finance Act 2003 have the same meaning in the Schedule as in that Part; and
b
“the relevant time” means 2 p.m. on 6 th December 2006.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City and Hackney Primary Care Trust (Establishment) Amendment Order 2006 and shall come into force on 5th August 2006.
2
In this Order “ Principal Order ” means the City and Hackney Primary Care Trust (Establishment) Order 2001 .
Amendment of the Schedule to the Principal Order
2
In the Schedule to the Principal Order, after “The City of London”, there shall be inserted the words “, the Inner Temple, the Middle Temple”.
Signed by authority of the Secretary of State for Health
Norman Warner
Minister of State
Department of Health
24th July 2006


text:
Citation and commencement
1
This Order may be cited as the Associated British Ports (Hull) Harbour Revision Order 2006 and comes into force on 25th April 2006.
Interpretation
2
1
In this Order —
“ A.B. Ports ” means Associated British Ports;
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“the annexed plan” means the map contained in Schedule 2 to this Order;
“the Act of 1907 ” means the Hull & Barnsley Railway Act 1907 ;
“the Act of 1947 ” means the London and North Eastern Railway Act 1947 ;
“the Act of 1966 ” means the British Transport Docks Act 1966 ;
“the Act of 1969 ” means the British Transport Docks Act 1969 ;
“the Act of 1971 ” means the British Transport Docks Act 1971 ;
“the Act of 1988 ” means the Associated British Ports (Barrow) Act 1988 ;
“the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 ;
“ Chart Datum ” in relation to any depth of dredging is 3.9 metres below Ordnance Datum (Newlyn);
“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in triplicate, signed by the Head of the Ports Division in the Department for Transport and marked “Plan and sections referred to in the Associated British Ports (Hull) Harbour Revision Order 2006”, one copy of which is deposited at the Department for Transport and the others at the principal office of A.B. Ports in London and at its office in Hull;
“the Dock Master ” means the Dock Master of A.B. Ports at Hull Docks;
“the dredging area” means the area shown shaded blue on the deposited plan;
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the existing pier” means the pier in the river Humber together with any associated works authorised by the Act of 1907 and by the Act of 1947;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ the undertaking ” means the undertaking of A.B. Ports as authorised from time to time;
“vessel” means every description of vessel, however propelled or moved, including a hovercraft (within the meaning of the Hovercraft Act 1968) , a hydrofoil vessel and anything constructed or used to carry persons or goods by water; and
“the works” means the works authorised by this Order.
2
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
3
All directions, distances and dimensions stated in any description of works shall be construed as if the words “or thereabouts” were inserted after each such direction, distance or dimension.
Incorporation of general enactments
3
1
The Act of 1847, except sections 6 to 23, 25, 31, 48 to 50, 79, 80, 84 to 88, 90, 97 and 98, is incorporated with and forms part of this Order.
2
For the purposes of construing the Act of 1847, as so incorporated —
a
the expression “the special Act ” means this Order;
b
the expression “the harbour, dock, or pier” means the works;
c
the expression “the harbour master” means, in relation to the works, the Dock Master and includes any assistants of the Dock Master;
d
for the definition of “vessel” in section 3 of the 1847 Act there is substituted the definition of “vessel” contained in article 2(1) above; and
e
section 53 of the 1847 Act shall not be construed as requiring the Dock Master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master.
3
Section 33 of the Act of 1847, as so incorporated, shall not be construed as derogating from the power of A.B. Ports to discontinue any part of the undertaking.
Power to make works
4
1
A.B. Ports may, in the lines and situations shown on the deposited plan and according to the levels shown on the deposited sections, make and maintain the following works partly in the City of Kingston upon Hull and partly on the bed and foreshore of the river Humber —
Work No. 1
A reclamation of the bed of the river Humber comprising an area of 7.5 hectares enclosed by a solid wall commencing at the river wall 575 metres west of the western side of the entrance to the Alexandra Dock, then extending southwards for a distance of 141 metres, turning eastwards for a distance of 411 metres, turning in a north north-easterly direction for a distance of 225 metres and terminating at the western side of the entrance to Alexandra Dock.
2
A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
3
The works shall for all purposes form part of the undertaking.
Power to make subsidiary works
5
1
A.B. Ports may from time to time within the limits of deviation and the dredging area erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to, the construction and maintenance of Work No. 1 or the accommodation of vessels thereat.
2
A.B. Ports may construct and maintain a noise barrier to a maximum height of 5 metres above the level of Work No. 1 at the position shown on the deposited plan.
Power to deviate
6
In constructing Work No. 1 A.B. Ports may deviate laterally from the lines or situations shown on the deposited plan and described in article 4 above to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or who intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Diversion of riverside footpath
8
1
A.B. Ports may permanently stop up and discontinue so much of the riverside footpath as lies between the points marked A and B on the annexed plan and may substitute between the said points respectively a new footpath along the same alignment to be carried for all or part of its length by a footbridge.
2
Without prejudice to paragraph (4) below, the permanent stopping up of the riverside footpath authorised by paragraph (1) above shall not take place until the new footpath authorised by that paragraph is open for public use.
3
Upon any such permanent stopping up all rights of way over or along that part of the riverside footpath stopped up shall be extinguished and A.B. Ports may appropriate and use the site and soil thereof so far as it is the owner of the same; and the new footpath and footbridge substituted therefor shall become a public footpath.
4
A.B. Ports may during the construction of the works temporarily stop up so much of the riverside footpath as lies between the points marked A and C on the annexed plan and shall provide a reasonable temporary substitute in the position shown on the annexed plan between the points marked A, D, E and C throughout the period of such temporary stopping up.
5
In this article “the riverside footpath” means the public footpath along the river wall on the north bank of the river Humber in the City of Kingston upon Hull.
Power to dredge in Humber
9
1
For the purposes of affording uninterrupted means of access to the works and of enabling their use at all states of the tide, A.B. Ports may from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Humber adjoining or in the approaches to any of the works within the dredging area to a maximum depth of 11.5 metres below Chart Datum and may (subject to paragraph (2) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any such operations.
2
No materials referred to in this article shall —
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The power to use, appropriate or dispose of materials referred to in this article does not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995) found by A.B. Ports.
Limits of jurisdiction of Dock Master
10
The limits within which the powers of the Dock Master in relation to the works may be exercised under and subject to the provisions of the 1847 Act, as incorporated with this Order, extend to a distance of 200 metres in every direction from the works.
Application of byelaws of A.B. Ports
11
1
The Hull Docks Byelaws 1927 and the Hull Docks Byelaws 1972 apply, subject to paragraph (2) below, in relation to the works as they applied in relation to the existing pier immediately before the coming into force of this Order, and nothing in this Order shall affect the right of A.B. Ports to enforce the byelaws or to amend or revoke them.
2
In the Hull Docks Byelaws 1927 as applied by paragraph (1) above, references to “the prescribed limits” shall be construed as references to the limits within which the powers of the Dock Master may be exercised under article 10 of this Order.
3
In this article “the Hull Docks Byelaws 1927” means the byelaws made by the London and North Eastern Railway Company on the 9th day of February 1927 and confirmed by the Minister of Transport on the 16th day of February 1927.
Works to be within City of Kingston upon Hull, etc.
12
So much of the works as are beyond low water shall be deemed to be within —
a
the City of Kingston upon Hull; and
b
the petty sessional division of Kingston upon Hull.
Incorporation of works provisions
13
1
The following provisions of the under-mentioned Acts are incorporated with and form part of this Order —
The Act of 1966 —
Section 21 (Tidal works not to be executed without approval of Board of Trade),
Section 23 (Abatement of works abandoned or decayed),
Section 26 (Lights on tidal works during construction);
The Act of 1969 —
Section 17 (Provision against danger to navigation);
The Act of 1971 —
Section 16 (Permanent lights on works);
The Act of 1988 —
Section 11 (Crown rights),
and in those provisions as so incorporated —
a
for references to the works authorised by those Acts there are substituted references to the works authorised by this Order; and
b
for references to those Acts there are substituted references to this Order.
2
For “one hundred pounds” in subsection (2) of each of the said sections 26, 17 and 16, as so incorporated, there is substituted “level 4 on the standard scale”.
3
In proceedings for an offence under any of the said sections 26, 17 and 16, as so incorporated, it shall be a defence for A.B. Ports to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; provided that, if in any case that defence involves the allegation that the commission of the offence was due to the act or default of another person, A.B. Ports shall not, without leave of the court, be entitled to rely on that defence unless, not less than seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
Application of permitted development rights
14
Schedule 1 to this Order shall have effect.
Repeal, etc., of obligations as to existing pier
15
1
For the purpose of constructing the works A.B. Ports may dismantle, remove, deal with and dispose of the existing pier; and any public rights over that pier are hereby extinguished.
2
The following provisions of the 1907 Act are repealed —
a
section 44 (Confirmation of agreement with Kingston upon Hull Corporation), insofar as that section relates to clauses 4, 6, 7 and 8 of the agreement set out in the Second Schedule to that Act; and
b
in that agreement, the said clauses 4, 6, 7 and 8.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of the Ports Division,
Department for Transport
13th April 2006


text:
Citation and interpretation
1
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 1, Transitional and Saving Provisions) Order 2006.
2
In this Order —
“the 1996 Act ” means the Police Act 1996 ;
“the 1998 Act ” means the Crime and Disorder Act 1998 ; and
“preliminary hearing” has the meaning given by new section 57A (live links introductory) of the 1998 Act which is brought into force by article 2(g).
Commencement
2
The following provisions of the Police and Justice Act 2006 shall come into force on 15th January 2007 —
a
section 2 (amendments to the 1996 Act) in so far as it relates to the entries in Schedule 2 (amendments to the 1996 Act) referred to in paragraph (b);
b
paragraphs 1 to 6 and 8 of Schedule 2, subject to article 3;
c
section 11 (power to detain pending DPP ’s decision about charging);
d
section 42 (amendments to the Extradition Act 2003 etc ) in so far as it relates to the entries in Schedule 13 referred to in paragraph (e);
e
Schedule 13 other than paragraphs 4, 5 and 6;
f
section 44 (transfer of prisoner under international arrangements not requiring his consent);
g
section 45 (attendance by accused at certain preliminary or sentencing hearings) other than to the extent it substitutes new section 57C (use of live link at preliminary hearings where accused is at police station) of the 1998 Act and subject to article 4;
h
section 47 (evidence of vulnerable accused);
i
section 48 (appeals under Part 1 of the Criminal Appeal Act 1968 );
j
section 52 (amendments and repeals) in so far as it relates to the entries in Schedule 14 referred to in paragraph (k) and the entry in Schedule 15 referred to in paragraph (l);
k
paragraphs 3, 4 and 61 of Schedule 14 (minor and consequential amendments); and
l
In Part II of Schedule 15 (repeals and revocations) the entry relating to Schedules 3 (police authorities: selection of independent members) and 3A (police authorities: selection of lay justice members) of the 1996 Act, subject to article 3.
Transitional and saving provisions
3
1
Notwithstanding the coming into force of paragraph 2 of Schedule 2 and the substitution of Schedule 2 to the 1996 Act made by that paragraph the current Schedule 2 (police authorities established under section 3) to the 1996 Act shall continue in force until 31st March 2008, save that paragraphs 1 to 8 (making of appointments) of that Schedule shall only apply to appointments that take effect before 1st April 2008.
2
Notwithstanding the coming into force of paragraph 4 of Schedule 2 and the substitution of Schedule 2A to the 1996 Act made by that paragraph the current Schedule 2A (the Metropolitan Police Authority) to the 1996 Act shall continue in force until 2nd July 2008, save that paragraphs 1 to 5 (appointments) of that Schedule shall only apply to appointments that take effect before 3rd July 2008.
3
Notwithstanding the coming into force of the entry in Part II of Schedule 15 and the repeal of Schedules 3 and 3A of the 1996 Act made by that entry Schedules 3 and 3A shall continue in force until —
a
31st March 2008 in respect of police areas for the time being listed in Schedule 1 (police areas) of the 1996 Act; and
b
2nd July 2008 in respect of the police area constituted by the metropolitan police district.
4
1
Notwithstanding the substitution of section 57 (use of live television links at preliminary hearings) of the 1998 Act made by section 45 any direction given under that section prior to 15th January 2007 shall continue to have effect.
2
Where a preliminary hearing in the magistrates’ court or the Crown Court has commenced before 15th January 2007 the court may nevertheless give a direction under new section 57B (use of live link at preliminary hearings where accused is in custody) of the 1998 Act on or after that date.
3
Where a direction given under section 57 of the 1998 Act continues to have effect by virtue of paragraph (1), new section 57D (continued use of live link for sentencing hearing following a preliminary hearing) of the 1998 Act shall have effect as if subsection 1(a) included a reference to section 57.
Tony McNulty
Minister of State
Home Office
14th December 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Fees Amendments) Regulations 2006 and shall come into force on 1st September 2006.
2
In these Regulations —
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ; and
“the Homoeopathic Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of regulation 2 of the of the General Fees Regulations
2
1
In regulation 2 of the General Fees Regulations (interpretation), after the definition of “medicinal product”, insert the following definition —
“national homoeopathic product” has the same meaning as in regulation 4(1B) of the 1994 Regulations ;
.
Amendment of Schedule 1 to the General Fees Regulations
3
1
Schedule 1 to the General Fees Regulations (capital fees for applications for and variations to, marketing authorizations, licences and certificates) is amended as follows.
2
In Part I (interpretation) —
a
after the definition of “active ingredient from a new source” insert —
“certificate of registration” means a certificate for the purposes of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994;
;
b
in the definition of “new excipient” —
i
in paragraph (a)(ii), after “of right)” insert “, a certificate of registration”, and
ii
in paragraph (b), after “of right)” insert “, a certificate of registration”; and
c
for the definition of “ TSE risk excipient from a new source” substitute —
“TSE risk ingredient from a new source” and “TSE risk excipient from a new source” mean an active ingredient or excipient, respectively, which has been manufactured from raw materials of ruminant origin or which has had raw materials of ruminant origin used in its manufacture and in respect of which —
the application names as manufacturer a manufacturer not previously named as the manufacturer of that ingredient or excipient included in a medicinal product in respect of which a marketing authorization (other than a product licence of right), a certificate of registration or a traditional herbal registration has previously been granted, and
no European Pharmacopoeia certificate of suitability covering the excipient has been submitted with the application;
.
3
In Part II (capital fees for applications for authorizations, licences and certificates) —
a
in paragraph 1(1), for “paragraphs 1A, 2, 3 and 4,” substitute “paragraphs 1A, 2, 3, 4 and 4A,”;
b
after paragraph 4, insert the following paragraph —
4A
1
In connection with an application for a marketing authorization for a national homoeopathic product prepared from not more than 5 homoeopathic stocks, the fee payable under regulation 4(a) shall be the amount set out in Column (2) in the Table below opposite the description in Column (1) appropriate to that application.
2
In connection with any other application for a marketing authorization for a national homoeopathic product, the fee payable under regulation 4(a) shall be the amount set out in Column (3) in the Table below opposite the description in Column (1) appropriate to that application.
3
This paragraph does not apply to an application which is a mutual recognition procedure incoming application or a decentralised procedure application.
Table
Column (1) Column (2) Column (3) Description of application Fees for applications in respect of products prepared from not more than 5 homoeopathic stocks Fees for other applications
1
An application in respect of a product which is both prepared solely from repeat stocks and is of a repeat formulation
£480 £680
2
An application in respect of a product which is either —
a
prepared solely from repeat stocks; or
b
is of a repeat formulation
£752 £942
3
Any other application
£1,010 £1,219
4
Each reference in sub-paragraphs (5) to (7) to an amount payable under sub-paragraph (1) or (2) in respect of an application refers to the amount payable under that sub-paragraph in respect of an application of the kind in question.
5
Where an application relates to a national homoeopathic product which is manufactured using a method of sterilisation —
a
not used in the manufacture of a medicinal product in respect of which a marketing authorization (other than a product licence of right), a certificate of registration or a traditional herbal registration has previously been granted, and
b
not referred to in the European Pharmacopoeia or any national pharmacopoeia of a member State,
an amount of £2,000 shall be payable in addition to the amount payable under sub-paragraph (1) or (2) in respect of that application.
6
Where an application relates to a national homoeopathic product which contains one or more new excipients, an amount of £6,672 shall be payable in addition to the amount payable under sub-paragraph (1) or (2) in respect of that application.
7
Where an application relates to a national homoeopathic product which contains one or more TSE risk ingredients or excipients from a new source, an amount of £590 shall be payable in addition to the amount payable under sub-paragraph (1) or (2) in respect of that application.
8
In this paragraph —
“formulation” does not include the formulation of a homoeopathic stock;
“homoeopathic marketing authorization” means a marketing authorization granted by the licensing authority in respect of a national homoeopathic medicinal product;
“identical” means —
in relation to the formulation of the product, identical as regards the requirements in respect of composition, preparation and testing, and
in relation to a homoeopathic stock, identical as regards the source, composition and preparation of the stock and the test which it is required to undergo;
“product” includes a series of products each of which is prepared from identical homoeopathic stocks;
“repeat formulation” means —
the formulation of a product which is identical to the formulation of another product —
in respect of which the applicant holds a certificate of registration or a homoeopathic marketing authorization, or
to which the applicant has, by the holder of the certificate of registration or the homoeopathic marketing authorization which relates to it, been authorised in writing to make reference for the purposes of his application; or
where more than one application is made by the same applicant on the same occasion in respect of products of identical formulations, for the purposes of the second and any subsequent of those applications which the licensing authority considers, the formulation of the product to which the first of those applications which is considered by the licensing authority relates; and
“repeat stock” means —
a homoeopathic stock which is identical to another homoeopathic stock which is used in the preparation of a product —
in respect of which the applicant holds a certificate of registration or a homoeopathic marketing authorization, or
in respect of which another person holds a certificate of registration or a homoeopathic marketing authorization to which, for the purposes of his application, the applicant has been authorised in writing to make reference by the person (or, if more than one, each of the persons) who supplied information to the licensing authority in connection with the application for the marketing authorization which relates to that product.
.
4
In Part III (capital fees for applications for variations of authorizations, licences and certificates) —
a
in paragraph 1 —
i
after the definition of “new excipient variation application”, insert the following definition —
“new indication variation application” means an application to vary a marketing authorization for a national homoeopathic product, so that product is indicated for a therapeutic use not previously covered by that authorization;
; and
ii
after the definition of “standard variation”, insert the following definition —
“standard variation application for a homoeopathic product” means an application for a variation of a marketing authorization for a national homoeopathic medicinal product which requires —
the replacement of an excipient used in the manufacture of the product,
the replacement of a reagent indirectly associated with the manufacturing process of the product or which disappears from that process with a comparable reagent,
a change to the qualitative composition of the container or other form of packaging immediately in contact with the product,
a change to the method of manufacture of a homoeopathic stock included in the product,
a change to the specification of any reagent of excipient used in the manufacture of the product,
a change to the finished product specification of the product,
a change to the test procedure for any raw material used in the manufacture of the product,
a change to the test procedure for the product,
a change to the test procedure for the container or other form of packaging immediately in contact with the product,
a change to comply with a supplement to the European Pharmacopoeia or any national pharmacopoeia of a member State,
a change to the shape of the container in which the product may be placed on the market,
an additional pack size in which the product may be placed on the market,
a change to the approved storage conditions for the product,
a change to the shelf life of an unopened container of the product after the container has been opened for the first time,
a change to the dimensions of an approved dosage form of the product (for example, tablets), or
a change following modification to the manufacturing authorization referred to in Article 40 of the 2001 Directive; and
.
b
after paragraph 5A, insert the following paragraph —
5B
The fee payable under regulation 7(1) in connection with an application for a variation of a marketing authorization in respect of a national homoeopathic product shall be —
a
where the application is a standard variation application for a homoeopathic product, £218;
b
where the application is a new indication variation application, £350; and
c
for any other application, £110.
.
Amendment of Schedule 3 to the General Fees Regulations
4
In Schedule 3 to the General Fees Regulations (periodic fees for licences), in Part III (periodic fees for marketing authorizations and licences), in the table in paragraph 1 —
a
in column (1), at the end insert the following entry —
g
National homoeopathic product
; and
b
in column (2), at the end insert the following entry —
2(g) £63
.
Amendment of the Homoeopathic Regulations
5
In Schedule 2 to the Homoeopathic Regulations (fees for applications for the grant of certificates of registration), in paragraph 3 —
a
after the definition of “formulation” insert —
“homoeopathic marketing authorization” means a marketing authorization granted by the licensing authority under the Marketing Authorisation Regulations in respect of a national homoeopathic medicinal product;
;
b
after the definition of “mutual recognition procedure incoming application” insert —
“national homoeopathic product” has the meaning given by regulation 4(1B) of the Marketing Authorisation Regulations;
;
c
in the definition of “repeat formulation”, in paragraph (a) —
i
in sub-paragraph (i), after “certificate of registration” insert “or a homoeopathic marketing authorization”,
ii
in sub-paragraph (ii), after “certificate of registration” insert “or the homoeopathic marketing authorization”; and
d
in the definition of “repeat stock”, in paragraph (a) —
i
in sub-paragraph (i), after “certificate of registration” insert “or a homoeopathic marketing authorization”, and
ii
in sub-paragraph (ii) —
aa
after “a certificate of registration” insert “or a homoeopathic marketing authorization”, and
bb
after “the certificate of registration” insert “or homoeopathic marketing authorization”.
Signed by authority of the Secretary of State for Health
Andrew Burnham
Minister of State
Department of Health
20th July 2006
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Andrew McCormick
Permanent Secretary
Department of Health, Social Services and Public Safety
21st July 2006
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary
Department of Agriculture and Rural Development
26th July 2006
We consent,
Alan Campbell
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 2006