text:
PART 1
Preliminary
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2006, and shall come into force on 1st August 2006.
2
These Regulations do not have effect —
a
for the purposes of section 308(1) of FA 2004 (duties of promoter relating to any notifiable proposal), if the relevant date falls before 1st August 2006;
b
for the purposes of section 308(3) of FA 2004 (duties of promoter relating to any notifiable arrangements), if the date on which the promoter first becomes aware of any transaction forming part of notifiable arrangements falls before 1st August 2006;
c
for the purposes of section 309(1) of FA 2004 (duty of person dealing with promoter outside United Kingdom), and of section 310 of that Act (duty of parties to notifiable arrangements not involving promoter) if the date on which any transaction forming part of notifiable arrangements is entered into falls before 1st August 2006.
3
In paragraph (2)(a) “the relevant date” has the meaning given by section 308(2) of FA 2004.
Interpretation : general
2
1
This paragraph gives the meaning of the abbreviated references to Acts used in these Regulations —
“ CAA 2001 ” means the Capital Allowances Act 2001 ;
“FA 2004” means the Finance Act 2004;
“ ICTA ” means the Income and Corporation Taxes Act 1988 ;
“ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“ ITTOIA 2005 ” means the Income Tax (Trading and Other Income) Act 2005 ;
“ TCGA 1992 ” means the Taxation of Chargeable Gains Act 1992 .
2
In these Regulations —
“business” has the meaning given by regulation 3;
“the Information Regulations ” means the Tax Avoidance Schemes (Information) Regulations 2004 ;
“lease”, “lessor” and “lessee” are to be construed in accordance with regulation 14(1);
“plant or machinery lease” has the meaning given by regulation 14;
“the Promoters Regulations ” means the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 ;
“small or medium-sized enterprise” has the meaning given by regulation 4;.
3
For the purposes of these Regulations section 839 of ICTA applies to determine whether persons are connected.
Meaning of “business”
3
In these Regulations “business” means —
a
a company;
b
a partnership; or
c
any person whose profits are charged to income tax, otherwise than by virtue of his being a partner —
i
as trading income under Part 2 of ITTOIA 2005 (trading income), or
ii
as property income under section 268 of ITTOIA 2005 (charge to tax on profits of a property business).
Meaning of “small or medium-sized enterprise”
4
1
For the purposes of these Regulations a “small or medium-sized enterprise” means a micro, small or medium-sized enterprise as defined in the Recommendation.
2
In this regulation —
“the Recommendation” means the Commission Recommendation of 6th May 2003, and
“the Annex” means the Annex to the Recommendation.
3
Paragraph (1) is subject to the following provisions.
4
If a company (“C”) is a micro, small or medium-sized enterprise, disregarding any partner enterprise or linked enterprise, and, taken alone, it would satisfy the employee limit and at least one of the financial limits, but —
a
the number of employees, annual turnover or annual balance sheet total (as the case may be) of a partner enterprise or linked enterprise to which it is related has been taken into account in determining whether the employee limits or the financial limits have been exceeded, and
b
a partner enterprise or linked enterprise to which C is related would, disregarding the number of employees, and the annual turnover and annual balance sheet totals of C, exceed the employee limit, or either of the financial limits,
Article 4(2) of the Annex is to be disregarded in determining whether C is a small or medium-sized enterprise for an accounting period in which it exceeds the employee or financial limits.
In this paragraph references to the employee limit and the financial limits are to the limits respectively on the number of employees, and the annual turnover and balance sheet totals, contained in Article 2(1) of the Annex.
PART 2
General
Prescribed descriptions of arrangements
5
1
Any arrangements which fall within any description specified in a provision of these Regulations listed in paragraph (2) are prescribed for the purposes of Part 7 of the Finance Act 2004 (disclosure of tax avoidance schemes) in relation to income tax, corporation tax and capital gains tax.
2
The provisions are —
a
regulation 6 (description 1: confidentiality in cases involving a promoter);
b
regulation 7 (description 2: confidentiality in cases not involving a promoter);
c
regulation 8 (description 3: premium fee);
d
regulation 9 (description 4: off market terms);
e
regulation 10 (description 5: standardised tax products);
f
regulation 12 (description 6: loss schemes); and
g
regulation 13 (description 7: leasing arrangements).
3
For the purpose only of determining whether arrangements are prescribed by regulations 6, 7, 8 and 13 of these Regulations, regulation 6 of the Promoters Regulations (persons not to be treated as promoters: legal professional privilege) shall be disregarded.
PART 3
Prescribed arrangements
Description 1: Confidentiality where promoter involved
6
1
Arrangements are prescribed if they satisfy —
a
Conditions 1 and 2; or
b
Conditions 1 and 3.
2
The Conditions are as follows.
Condition 1
Any element of the arrangements (including the way in which the arrangements are structured) gives rise to the tax advantage expected to be obtained under the arrangements.
Condition 2
It might reasonably be expected that a promoter would wish the way in which that element of those arrangements secures a tax advantage to be kept confidential from any other promoter at any time in the period beginning with the opening date and ending with the appropriate date.
Condition 3
The promoter would, but for the requirements of these Regulations, wish to keep the way in which that element secures that advantage confidential from Her Majesty’s Revenue and Customs for some or all of the period beginning with the opening date and ending with the appropriate date, and a reason for doing so is to facilitate repeated or continued use of the same element, or substantially the same element, in the future.
3
In a case where —
a
by virtue of regulation 6 of the Promoters Regulations, no person is to be treated as the promoter in relation to the arrangements, or
b
by virtue of section 309(1) of FA 2004 (duty of person dealing with promoter outside United Kingdom), a user of the arrangement has a duty to provide prescribed information,
paragraph (2) shall have effect as if for Condition 3 there were substituted —
The user of the arrangements wishes to keep confidential from Her Majesty’s Revenue and Customs the way that element secures that advantage for some or all of the period beginning with the opening date and ending with the appropriate date.
.
4
In this regulation —
“the appropriate date” has the meaning given in regulation 8(1) of the Information Regulations, and the provisions of regulation 8 of those Regulations (prescribed information under section 313 of FA 2004: timing and manner of delivery) apply for the purposes of determining that date; and
“the opening date” means the date of the first transaction forming part of the arrangements.
Description 2: Confidentiality where no promoter involved
7
Arrangements are prescribed if —
a
no person is a promoter in relation to them;
b
the intended user of the arrangements is a business which is not a small or medium-sized enterprise;
c
any element of the arrangements (including the way in which the arrangements are structured) gives rise to the tax advantage expected to be obtained under the arrangements;
d
the user of those arrangements wishes the way in which that element is expected to secure a tax advantage to be kept confidential from Her Majesty’s Revenue and Customs for some or all of the period —
i
beginning with the day on which he enters into the first transaction forming part of the notifiable arrangements, and
ii
ending with the latest time at which he would first have had to provide Her Majesty’s Revenue and Customs with information under section 313 of FA 2004 in accordance with regulation 8 of the Information Regulations or otherwise include information about the arrangements in a return; and
e
a reason for the user’s wishing to keep that element confidential from Her Majesty’s Revenue and Customs is to facilitate repeated or continued use of the same element, or substantially the same element, in the future.
Description 3: Premium Fee
8
1
Arrangements are prescribed if they are such that it might reasonably be expected that a promoter or a person connected with a promoter of arrangements that are the same as, or substantially similar to, the arrangements in question, would, but for the requirements to disclose information under these Regulations, be able to obtain a premium fee from a person experienced in receiving services of the type being provided.
But arrangements are not prescribed by this regulation if —
no person is a promoter in relation to them; and
the tax advantage which may be obtained under the arrangements is intended to be obtained by an individual or a business which is a small or medium-sized enterprise.
2
For the purposes of paragraph (1), and in relation to any arrangements, a “premium fee” is a fee chargeable by virtue of any element of the arrangements (including the way in which they are structured) from which the tax advantage expected to be obtained arises, and which is —
a
to a significant extent attributable to that tax advantage, or
b
to any extent contingent upon the obtaining of that tax advantage.
Description 4: Off market terms
9
1
Arrangements are prescribed if —
a
the tax advantage expected to be obtained under the arrangements arises, to more than an incidental degree, from the inclusion in those arrangements of one or more financial products;
b
a promoter, or a person connected with the promoter, becomes party to one or more of those financial products; and
c
the price of the financial product or products differs significantly from that which might reasonably be expected to apply in the open market upon its being, or their being, made available to the other party when compared with a product that is, or products that are, the same as, or substantially similar to, the product or products in question.
2
For the purpose of paragraph (1) a financial product is —
a
a loan;
b
a contract which —
i
is a derivative contract for the purposes of Schedule 26 to the Finance Act 2002 ;
ii
would be such a derivative contract if paragraph 4 of that Schedule (contracts which are excluded by virtue of their underlying subject matter) were omitted; or
iii
would be a derivative contract falling within sub-paragraph (i) or (ii) if it were a contract of a company;
c
an agreement for the sale and repurchase of securities of the kind described in paragraphs (a) to (c) of subsection (1) of section 730A of ICTA ;
d
a stock lending arrangement within the meaning given by section 263B(1) of the Taxation of Chargeable Gains Act 1992 ;
e
a share; or
f
a contract, not being one of the above, which, whether alone or in combination with one or more other contracts (including any of the above), in substance represents the making of a loan, or the advancing or depositing of money, whatever its form and falls to be accounted for on that basis.
This paragraph is subject to the following qualifications.
3
This regulation does not apply if the only financial products involved in the arrangements are assets held within an account which satisfies the conditions in the Individual Savings Accounts Regulations 1998 .
4
For the purposes of this regulation a contract, or a combination of contracts, falls to be accounted for as a loan, or as the advancing or depositing of money, if the person entering into the arrangements —
a
is, in accordance with generally accepted accounting practice, required to treat the contract, or the combination of contracts, as a loan, deposit or other financial asset or obligation, or
b
would be so required if the person were a company to which the Companies Act 1985 applied.
This is subject to the following qualification.
5
Anything which is a finance lease for the purposes of generally accepted accounting practice does not fall to be accounted for as a loan for the purposes of this regulation.
6
In this regulation “generally accepted accounting practice” has the meaning given by section 50 of the Finance Act 2004 .
Description 5: standardised tax products
10
1
Arrangements are prescribed if the arrangements are a standardised tax product.
But arrangements are excepted from being prescribed under this regulation if they are specified in regulation 11.
2
For the purposes of paragraph (1) arrangements are a product if —
a
the arrangements have standardised, or substantially standardised, documentation —
i
the purpose of which is to enable the implementation, by the client, of the arrangements; and
ii
the form of which is determined by the promoter, and not tailored, to any material extent, to reflect the circumstances of the client;
b
a client must enter into a specific transaction or series of transactions; and
c
that transaction or that series of transactions are standardised, or substantially standardised in form.
3
For the purpose of paragraph (1) arrangements are a tax product if it would be reasonable for an informed observer (having studied the arrangements) to conclude that the main purpose of the arrangements was to enable a client to obtain a tax advantage.
4
For the purpose of paragraph (1) arrangements are standardised if a promoter makes the arrangements available for implementation by more than one other person.
Arrangements excepted from Description 5
11
1
The arrangements specified in this regulation are —
a
those described in paragraph (2); and
b
those which are of the same, or substantially the same, description as arrangements which were first made available for implementation before 1 st August 2006.
2
The arrangements referred to in paragraph (1)(a) are —
a
arrangements which consist solely of one or more plant or machinery leases (see regulation 14);
b
an enterprise investment scheme (Chapter 3 of Part 7 of ICTA and Schedules 5B and 5BA to TCGA 1992);
c
arrangements using a venture capital trust (see section 842AA of, and Schedule 15B to, ICTA and Schedule 5C to TCGA 1992);
d
arrangements qualifying under the corporate venturing scheme (see Schedule 15 to the Finance Act 2000);
e
arrangements qualifying for community investment tax relief (see Schedules 16 and 17 to the Finance Act 2002);
f
an account which satisfies the conditions in the Individual Savings Account Regulations 1998 ;
g
an approved share incentive plan (see Chapter 6 of Part 7 of, and Schedule 2 to, ITEPA 2003);
h
an approved share option scheme (see Chapter 7 of Part 7 of, and Schedule 3 to, ITEPA 2003);
i
an approved CSOP scheme (see Chapter 8 of Part 7 of, and Schedule 4 to, ITEPA 2003);
j
the grant of one or more qualifying options which meet the requirements of Schedule 5 to ITEPA 2003 (enterprise management incentives) —
i
together only with such other steps as are reasonably necessary in all the circumstances for the purposes of facilitating it, or
ii
which fall to be notified to the Board in accordance with Part 7 of that Schedule;
k
a registered pension scheme (see section 150(2) of FA 2004);
l
an overseas pension scheme in respect of which tax relief is granted in the United Kingdom under section 615 of ICTA (exemption from tax for superannuation payments in respect of persons not resident in the United Kingdom or in respect of trades carried on wholly or partly outside the United Kingdom);
m
a pension scheme which is a relevant non-UK pension scheme within the meaning given by paragraph 1(5) of Schedule 34 to FA 2004;
n
a scheme to which section 731 of ITTOIA 2005 applies (periodical payments of personal injury damages).
Description 6: Loss schemes
12
Arrangements are prescribed if —
a
the promoter expects more than one individual to implement the same, or substantially the same, arrangements; and
b
the arrangements are such that an informed observer (having studied them) could reasonably conclude —
i
that the main benefit of those arrangements which could be expected to accrue to some or all of the individuals participating in them is the provision of losses, and
ii
that those individuals would be expected to use those losses to reduce their liability to income tax or capital gains tax.
Description 7: Leasing arrangements
13
1
Arrangements are prescribed if —
a
the arrangements include a plant or machinery lease (see regulation 14);
b
one of the additional conditions is met (see regulation 15);
c
the relevant value condition is met (see regulation 16); and
d
the lease is not a short-term lease (see regulation 17).
2
But arrangements are not prescribed by this regulation if —
a
no person is a promoter in relation to them; and
b
the tax advantage which may be obtained under the arrangements is intended to be obtained by an individual or a business which is a small or medium-sized enterprise.
Meaning of “plant or machinery lease”
14
1
A “plant or machinery lease” is any of the following —
a
any agreement or arrangement to which paragraph (2) applies,
b
any other agreement or arrangement to the extent that paragraph (3) applies to it,
c
where plant or machinery is the subject of a sale and finance leaseback, as defined in section 221 of CAA 2001 , the finance lease mentioned in subsection (1)(c) of that section;
and in these Regulations “lease”, “lessor” and “lessee” are to be construed accordingly.
2
This paragraph applies to an agreement or arrangement —
a
under which a person (the lessor) grants to another person (the lessee) the right to use plant or machinery for a period, and
b
which, in accordance with generally accepted accounting practice, falls (or would fall) to be treated as a lease.
3
This paragraph applies to an agreement or arrangement to the extent that —
a
in accordance with generally accepted accounting practice, it falls (or would fall) to be treated as a lease, and
b
it meets the conditions in paragraph (4).
4
The conditions are that, for the purposes of generally accepted accounting practice, —
a
the agreement or arrangement conveys, or falls (or would fall) to be regarded as conveying, the right to use an asset, and
b
the asset is plant or machinery.
5
In the case of an agreement or arrangement that falls (or would fall) within paragraph (2) or (3) immediately after the commencement of the term of the lease, the condition in paragraph (2)(b) or (3)(a) (as the case may be) is to be taken to be met as respects any time in the pre-commencement period.
6
For the purposes of paragraph (5), the “pre-commencement period” is the period that —
a
begins with the inception of the lease, and
b
ends with the commencement of the term of the lease.
7
In paragraph (6)(a), “inception”, in relation to a plant or machinery lease, means the earliest date on which all of the following conditions are met —
a
there is a contract in writing for the lease between the lessor and the lessee;
b
the contract is unconditional, or (if the contract is conditional) the conditions have been met; and
c
no terms remain to be agreed.
The additional conditions
15
1
The first additional condition is that the arrangements are designed in such a way that one or more of the plant or machinery leases, comprised in the arrangements, are or would be entered into by —
a
one party who has or would have a right or entitlement to claim capital allowances under Part 2 of CAA 2001 (plant and machinery allowances) in respect of the expenditure incurred on the plant or machinery, and
b
another party who is not, or would not be, within the charge to corporation tax.
2
A lease satisfies this condition if sub-paragraphs (a) and (b) of paragraph (1) are met, regardless of whether there are or would be (in addition to the parties mentioned in those sub-paragraphs) other parties to the lease who satisfy neither of those conditions.
3
A party who acts merely as a guarantor under the lease is to be disregarded for the purposes of paragraph (1)(b).
4
The second additional condition is that the arrangements include provision designed to —
a
remove from the lessor the whole, or the greater part, of any risk, which would otherwise fall directly or indirectly upon the lessor, of sustaining a loss if payments due under the lease are not made in accordance with its terms, and
b
do so by the provision of money or a money debt.
For the purposes of this paragraph “money” and “money debt” have the same meanings as they have in section 702(6) of ITEPA 2003.
5
The third additional condition is that the arrangements are designed to consist of, or include —
a
a sale and finance leaseback arrangement (within the meaning of section 221 of CAA 2001), or
b
a lease and finance leaseback (within the meaning of section 228F(5) of CAA 2001 ).
The third additional condition is subject to the following paragraphs of this regulation.
6
In a case falling within paragraph (5)(a) the third additional condition does not apply if the arrangements are designed in such a way that —
a
the assets leased or to be leased under the sale and finance leaseback are or will be unused and not second-hand at the time when the assets are acquired or created; and
b
the interval between the acquisition or creation of the asset and the sale of the asset under the sale and finance leaseback arrangement is not more than four months.
7
The third additional condition does not apply if plant or machinery which is, or which the promoter expects to become, a fixture, is leased with relevant land, unless the plant or machinery is used for storage or production.
Here “used for storage or production” means used for the purposes of —
a
storing, moving or displaying goods to be sold in the course of a trade;
b
manufacturing goods or materials;
c
subjecting goods or materials to a process;
d
storing goods or materials —
i
which are to be used in the manufacture of other goods or materials;
ii
which are to be subjected to a process in the course of a trade;
iii
which having been subjected in the course of a trade to process, manufactured or produced, have not yet been delivered to a purchaser; or
iv
upon their arrival in the United Kingdom from a place outside it.
8
But paragraph (7) does not apply (so that, accordingly, the third additional condition is met) if the arrangements are designed in such a way that —
a
the qualifying expenditure incurred on the fixture referred to in paragraph (7) amounts or will amount to more than 50% of the aggregate value of the assets subject to the lease, and
b
the rent payable under the lease is directly or indirectly dependent on the availability of capital allowances under Part 2 of CAA 2001 in respect of expenditure on any plant or machinery comprised in the lease.
9
In determining the value of the assets comprised in the lease the following rules apply.
Rule 1
The value of the land subject to the lease is the market value of the lessor’s interest.
Rule 2
The value of the plant or machinery subject to the lease is to be determined in the same manner as for the purposes of regulation 16(1).
10
In this regulation —
“fixture” has the meaning given by section 173(1) of CAA 2001;
“relevant land” has the meaning given by section 173(2) of CAA 2001.
The relevant value condition
16
1
The relevant value condition is met if —
a
the lower of the cost to the lessor, or the market value, of any one asset forming part of the plant and machinery leased or to be leased under the arrangements is at least £10,000,000; or
b
the aggregate of the lower of the costs to the lessor, or the market values, of all of the assets forming part of the plant and machinery leased or to be leased under the arrangements is at least £25,000,000.
2
For the purposes of paragraph (1) the market value of plant or machinery leased or to be leased under the arrangements is to be determined on the assumption of a disposal —
a
by an absolute owner;
b
free from all encumbrances; and
c
in the open market.
3
“Absolute owner” in the application of paragraph (2)(a) to Scotland, means the owner.
Short-term leases
17
1
For the purposes of regulation 13(1)(d) a lease whose term is 2 years or less is a short-term lease.
But a lease is not a short-term lease if any of the following Conditions apply.
In those Conditions “L” is the lessee.
2
Condition A is that the lease contains an option exercisable by L to extend the term so that the total term exceeds 2 years.
3
Condition B is that at the time of the inception of the lease, other arrangements have been entered into which contemplate the extension of the lease to L which, if carried out, would extend the term of the lease so that it exceeds 2 years.
4
Condition C is that —
a
a person leases an asset to L under a lease that would, apart from this paragraph, be a short-term lease,
b
the inception of that lease is on or after the date on which these Regulations come into force,
c
at or about the time of the inception of that lease, arrangements are entered into for the asset to be leased to one or more other persons under one or more other leases, and
d
in the aggregate, the term of the lease to L and the terms of the leases to such of those other persons as are connected with L exceed 2 years.
PART 4
Further provisions
Revocations
18
The Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2004 and the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) (Amendment) Regulations 2004 are revoked.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2006


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as The Plant Health (Wood Packaging Material Marking) (Forestry) Order 2006 and comes into force on 6th November 2006.
Interpretation
2
In this Order —
“approved measure” means any of the approved measures specified in Annex I to ISPM No. 15 or any other treatment or measure recognised by the Commissioners to have equivalent effect;
“certificate” means a certificate granted in accordance with the provisions of this Order which authorises the holder to apply an ISPM No. 15 mark to wood packaging material;
“dunnage” means wood used or intended for use to wedge or support any cargo;
“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of the Plant Health (Forestry) Order 2005 ;
“ISPM No. 15” means International Standard for Phytosanitary Measures No. 15 of March 2002 on Guidelines for regulating wood packaging material in international trade , prepared by the Secretariat of the International Plant Protection Convention ( IPPC ) established by the Food and Agriculture Organisation of the United Nations;
“ISPM No. 15 mark” means a mark which contains the information specified in Annex II of ISPM No. 15 and such other information as may be required by the certificate;
“manufacture”, in relation to wood packaging material, includes —
the recycling, remanufacture and repair of such material;
the application of an approved measure to such material; and
for the purposes of article 9, the application of an ISPM No. 15 mark to such material;
“non-manufactured wood” means wood which has not undergone a manufacturing process involving glue, heat or pressure or a combination of these;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;
“recycling”, in relation to wood packaging material, means subjecting wood packaging material to a process in which it is dismantled, either partially or completely, and its components used without further re-working in the manufacture of a new item of wood packaging material;
“remanufacture”, in relation to wood packaging material, means subjecting wood packaging material to a process in which it is dismantled, either partially or completely, and its components used either —
in their original form together with previously unused wood; or
after re-sawing whether or not together with previously unused wood,
in the manufacture of a new item of wood packaging material;
“repair”, in relation to wood packaging material, means subjecting wood packaging material to a process in which it has one or more components removed and replaced with previously unused wood;
“the Commissioners” means the Forestry Commissioners;
“wood” means any wood which retains part or all of its natural round surface, with or without bark;
“wood packaging material” means non-manufactured wood, excluding wood of 6mm or less, which is —
in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars or dunnage; or
is a component intended to be used in the manufacture of such items; and
“wood packaging material manufacturer” means any person who manufactures wood packaging material in the course of a trade or business.
Restrictions on marking wood packaging material
3
1
No person shall apply an ISPM No. 15 mark to any wood packaging material except as authorised by a certificate.
2
No person shall apply any mark other than an ISPM No. 15 mark to wood packaging material for the purpose of indicating that it has been subject to an approved measure.
3
Unless so authorised by the Commissioners in writing, no person shall manufacture any wood packaging material from wood to which has been applied an ISPM No. 15 mark, or any other mark designed to indicate that it has been subject to an approved measure, without first removing that mark.
Application for certificate
4
1
Any wood packaging material manufacturer who wishes to apply an ISPM No. 15 mark to any wood packaging material manufactured by him shall apply to the Commissioners for a certificate in accordance with this article.
2
An application for a certificate shall —
a
specify any approved measure or measures which the manufacturer wishes to carry out and in respect of which authority to apply an ISPM No. 15 mark is sought; and
b
provide the Commissioners with such information as they may specify to enable them to be satisfied that the manufacturer should be permitted to apply an ISPM No. 15 mark to wood packaging material manufactured by him.
3
Where the Commissioners have received an application for a certificate, they shall —
a
assess whether the applicant is able to carry out in a proper manner any approved measure or measures to which the application relates and whether he should be permitted to apply an ISPM No. 15 mark to wood packaging material manufactured by him; and
b
either issue a certificate or notify the applicant that his application is refused.
Application for renewal of certificate
5
1
The holder of a certificate may apply for it to be renewed no earlier than one month before its expiry in such form and manner as the Commissioners may specify.
2
On receipt of an application for renewal of a certificate, the Commissioners shall —
a
assess whether the applicant is able to carry out in a proper manner any approved measure or measures to which the application relates and whether he should be permitted to apply an ISPM No. 15 mark to wood packaging material manufactured by him; and
b
either renew the certificate or notify the applicant that his application is refused.
Application for reassessment
6
1
If, following the refusal of an application for a certificate or for the renewal of a certificate or the withdrawal of a certificate, the Commissioners are satisfied that the condition in paragraph (2) is met, they may invite a wood packaging material manufacturer to apply for reassessment in accordance with the provisions of this article.
2
The Commissioners may invite an application for reassessment if they are able to identify one or more actions which, if taken, would enable them to issue a certificate.
3
An invitation under paragraph (1) shall —
a
specify the actions which need to be taken before the Commissioners can be satisfied that they should issue a certificate;
b
invite the wood packaging material manufacturer to apply for reassessment within three months of the date on which the invitation was received by him; and
c
specify the form and manner in which the application shall be made.
4
Where the Commissioners have received an application, made in accordance with their invitation, they shall —
a
reassess whether the applicant is able to carry out in a proper manner any approved measure or measures to which the application relates and whether he should be permitted to apply an ISPM No. 15 mark to wood packaging material manufactured by him; and
b
either issue a certificate or notify the applicant that his application is refused.
Application fees
7
An application for a certificate, for the renewal of a certificate or for reassessment shall be accompanied by the fee specified in the second column of Schedule 1 opposite the reference to that application in the first column and shall be paid in such manner as the Commissioners may specify.
Contents and validity of certificates
8
1
A certificate shall —
a
be in the form set out in Schedule 2;
b
specify any approved measure or measures that it authorises the manufacturer to carry out and in respect of which an ISPM No. 15 mark may be applied;
c
specify any information which the Commissioners require to be included in the ISPM No. 15 mark; and
d
specify the period for which it remains valid, in accordance with paragraph (2).
2
The period for which a certificate remains valid shall be —
a
three months, in the case of a certificate issued following the withdrawal of a certificate; and
b
six months, in all other cases.
Powers of inspectors
9
1
For the purpose of ascertaining whether any requirement compliance with which an ISPM No. 15 mark provides evidence has been met, or for any other purpose of this Order, including checking compliance with it, an inspector may, on production if so required of his authority, and at all reasonable hours, enter any premises, other than premises used wholly or mainly as a dwelling, which he reasonably believes are used for the manufacture, collection, storage, trade, transportation or importation of wood packaging material.
2
An inspector entering premises by virtue of paragraph (1) may —
a
observe and monitor the manufacture of wood packaging material;
b
examine or test any treatment facility, machinery, tools or other equipment used for the manufacture of wood packaging material;
c
examine or take samples of wood packaging material, or its components;
d
inspect or make copies of any documents or records (in whatever form they may be held) relating to the manufacture of or trade in wood packaging material; or
e
take such photographs of the premises or of any material or of other objects found there or of any activity carried on there in connection with the manufacture of wood packaging material.
3
For the purpose of the exercise of any of his powers under paragraph (2), an inspector may require the occupier or other person in charge of the premises to provide adequate lighting or, where appropriate, suitable areas for inspection.
4
Without prejudice to the power of the Commissioners under article 10, where an inspector knows, or has reasonable grounds for suspecting, that a mark has been applied to wood packaging material other than in accordance with this Order, he may remove, or require another person to remove, such mark.
Seizure notices
10
1
Where an inspector knows, or has reasonable grounds for suspecting, that a person has applied or intends to apply a mark to wood packaging material other than in accordance with this Order, he may seize from that person or from any premises at which the inspector believes such a mark has been or may be applied, any stencil, template or other item of equipment (referred to in this article as “the seized items”) that appears to him capable of being used for applying an ISPM No. 15 mark, or any other mark which may be intended to indicate that wood packaging material has been subject to an approved measure.
2
An inspector shall give to the person appearing to him to be in charge of the seized items a notice (referred to in this article as a “seizure notice”) —
a
giving the grounds for seizing such items; and
b
informing him of his rights under this article to make a claim, and the address for the service of the claim.
3
If an inspector is not able to remove the seized items immediately, he may mark the items in any way that he sees fit and serve a notice on the person in charge of the items identifying them and prohibiting their movement or use until they are collected.
4
Any person claiming that any seized item was not liable to seizure shall, within one month of the seizure, notify his claim to the Commissioners at the address specified in the seizure notice, setting out the grounds in full.
5
If a notification of a claim is not received within one month, the Commissioners shall destroy the seized items.
6
If a notification of a claim is received within one month, the Commissioners shall either return the seized items or take proceedings for an order for their destruction by way of a complaint in a magistrates’ court (or, in Scotland, the sheriff court) and, if the court finds that any seized items were used to apply a mark to wood packaging material other than in accordance with this Order, or were intended to be so used, it shall order their destruction.
7
The Commissioners may recover all reasonable costs incurred by them to secure destruction of the seized items from the person on whom the seizure notice was served.
8
The Commissioners shall publicise seizure notices in such manner as they see fit.
Withdrawal of certificates
11
1
If, in the opinion of the Commissioners, a wood packaging material manufacturer to whom a certificate has been issued —
a
has not properly carried out an approved measure to which the certificate relates;
b
has otherwise manufactured wood packaging material in a manner in which the Commissioners consider it inappropriate to continue to permit the manufacturer to apply an ISPM No. 15 mark to wood packaging material manufactured by him; or
c
has not complied with any provision of this Order,
they may orally or by notice in writing withdraw the certificate with immediate effect.
2
Where the Commissioners withdraw a certificate orally, they shall confirm such withdrawal in writing as soon as is reasonably practicable.
Offences
12
1
A person shall be guilty of an offence if, for the purposes of procuring the issue of a certificate under this Order, he —
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
2
A person shall be guilty of an offence if he —
a
dishonestly alters a certificate; or
b
dishonestly creates an instrument which purports to be a certificate.
3
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he —
a
contravenes or fails to comply with any provision in article 3;
b
contravenes or fails to comply with a notice served under article 10(3); or
c
intentionally obstructs an inspector in the exercise of his powers given by this Order.
4
Where a body corporate is guilty of an offence under this Order, 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 or secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
5
For the purposes of paragraph (4), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
6
Where an offence under this Order is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of, a partner, he, as well as the partnership, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
7
Where the commission by any person of an offence under this Order is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
8
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The official Seal of the Forestry Commissioners 29th September 2006
Wilma Harper
Secretary to the Forestry Commissioners
29th September 2006
We consent,
Dave Watts
Kevin Brennan
Two of the Lords Commissioners
of Her Majesty’s Treasury
9th October 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Firefighters' Pension Scheme (Amendment) (England) Order 2006.
2
This Order shall come into force on 7 th August 2006, but shall have effect as specified in paragraphs (3) to (6).
3
The amendment made by article 2 and paragraph 18 of Schedule 1 (spouse’s or civil partner’s requisite benefit and temporary pension) has effect from 1st March 1992.
4
The amendment made by article 2 and paragraph 2 of Schedule 1 (short service award) has effect from 21st November 2005.
5
The amendments made by article 2 and the following paragraphs of Schedule 1 have effect from 6th April 2006 —
a
paragraph 1 (exclusive application of Scheme to regular firefighters),
b
paragraph 10 (commutation – general provision),
c
paragraph 11 (commutation – small pensions),
d
paragraph 12 (allocation),
e
paragraph 14 (deduction of tax from certain awards),
f
paragraph 24 (lump sum death grant),
g
paragraph 27 (lump sum in lieu of surviving spouse’s or civil partner’s pension),
h
paragraph 28 (lump sum in lieu of child’s allowance),
i
paragraph 29 (limitation on discretion to commute pension or allowance for lump sum),
j
paragraph 40 (election to purchase increased benefits),
k
paragraph 41 (payment of periodical contributions for increased benefits), and
l
paragraph 42 (pension debit members: restriction on replacement of debited rights).
6
The remaining provisions of this Order have effect from 1st April 2006.
7
In this Order —
“the Compensation Scheme” means the Firefighters' Compensation Scheme (England) 2006 set out in the Schedule to the Firefighters' Compensation Scheme (England) Order 2006 ; and
“the Pension Scheme” means the Firefighters' Pension Scheme, set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 , as it has effect in England .
Amendment of the Pension Scheme
2
The Pension Scheme shall be amended in accordance with Schedule 1.
Transitional provision
3
1
The amendments made by article 2 and paragraphs 6 (ill-health awards), 50 (review of ill-health and certain deferred pensions) and 61 (ill-health pension) of Schedule 1 shall not have effect in relation to a person in respect of whom a determination or decision relevant to the termination of his employment on grounds of ill-health (whether under Part H or Part K of the Pension Scheme) has been made before 1st April 2006.
2
In a case to which paragraph (1) applies, rules B3 and K1 of the Pension Scheme shall continue to have effect in relation to the person concerned in the form in which they exist immediately before that date.
Revocation and consequential provision
4
1
So much of article 2(2) of the Firemen’s Pension Scheme Order 1992 as relates to the provisions specified in column (1) of Schedule 2 to this Order (provisions of the Pension Scheme superseded by the Compensation Scheme) is revoked as to England.
2
A reference in any document (whether made, served or issued before, on or after 1st April 2006) to a provision of the Pension Scheme that ceases to have effect by virtue of paragraph (1) shall, unless a contrary intention appears, be construed on and after that date as a reference to the corresponding provision of the Compensation Scheme specified in column (2) of Schedule 2.
Signed by authority of one of Her Majesty’s Principal Secretaries of State
Phil Woolas
Minister of State
Department for Communities and Local Government
10th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the M53 Motorway (Bidston Moss Viaduct)(50 Miles per Hour Speed Limit) Regulations 2006, and shall come into force on 12th December 2006.
Imposition of speed limit
2
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour along —
a
the northbound or southbound carriageways of the M53 motorway at Junction 1 (Bidston Moss Viaduct) for a distance of 560 metres from Marker Post 8/2 to a point 60 metres south of Marker Post 8/7;
b
the northbound exit slip road at Junction 1 (Bidston Moss Viaduct) of the M53 motorway from the point where the slip road leaves the northbound carriageway of that Motorway to the point where the slip road joins with the A5139, a length of 104 metres; and
c
the southbound entry slip road at Junction 1 (Bidston Moss Viaduct) of the M53 Motorway from the point where the slip road leaves the A5139 to the point where the slip road joins with the southbound carriageway of that Motorway, a length of 120 metres.
Signed by the authority of the Secretary of State for Transport
S.J Ladyman
Parliamentary Under Secretary of State
Department for Transport
6th November 2006


text:
Citation and commencement
1
This Order may be cited as the Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 and shall come into force on 7th June 2006.
Town and Country Planning (Ironstone Areas Special Development) Order 1950
2
The Town and Country Planning (Ironstone Areas Special Development) Order 1950 applies to the Crown.
Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951
3
The Town and Country Planning (Construction and Improvement of Private Streets) Regulations 1951 apply to the Crown.
Local Land Charges Rules 1977
4
The Local Land Charges Rules 1977 apply to the Crown insofar as they relate to planning charges.
Town and Country Planning (Use Classes) Order 1987
5
1
The Town and Country Planning (Use Classes) Order 1987 applies to the Crown with, in relation to England, the following modifications.
2
In Part C of the Schedule, after class C2 (residential institutions) insert —
Secure residential institutions
Class C2A. Use for the provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short-term holding centre, secure hospital, secure local authority accommodation or use as military barracks.
.
3
In Part D of the Schedule, in class D1 (non-residential institutions) after sub-paragraph (h) insert —
i
as a law court.
.
Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987
6
The Town and Country Planning (Simplified Planning Zones) (Excluded Development) Order 1987 applies to the Crown.
Town and Country Planning (Applications) Regulations 1988
7
The Town and Country Planning (Applications) Regulations 1988 apply to the Crown.
Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989
8
The Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 apply to the Crown.
Planning (Listed Buildings and Conservation Areas) Regulations 1990
9
1
The Planning (Listed Buildings and Conservation Areas) Regulations 1990 apply to the Crown with the following modifications.
2
In regulation 6 (certificate to accompany applications and appeals) after paragraph (5) insert —
5A
The provisions of this regulation, except paragraph (3), shall apply where an application for listed building consent is made to the Secretary of State under section 82B(2) of the Act, as they apply in relation to an application which falls to be determined by the local planning authority with the following modifications —
a
in paragraph (1) for “A local planning authority shall not entertain any application under regulation 3 or 4” substitute “The Secretary of State shall not entertain any application under section 82B(2) of the Act”;
b
omit paragraph (3).
.
3
In regulation 8A(6) (use of electronic communications) after sub-paragraph (a) insert —
aa
making an application under section 82B(2) of the Act for consent;
.
4
For regulation 15 (application for listed building or conservation area consent in anticipation of disposal of Crown land) substitute —
Application for listed building or conservation area consent in respect of Crown land
15
The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent in respect of Crown land, have effect subject to the following modifications —
a
in regulation 3(2), for “a certificate under regulation 6” substitute “the certificate or other document required by regulation 6 below”;
b
in regulation 6 —
i
in paragraph (1) after “accompanied by” insert “the documents described in paragraph (1A) below or,” and
ii
after paragraph (1) insert —
1A
An application for listed building or conservation area consent in respect of Crown land shall be accompanied by —
a
a statement that the application is made in respect of Crown land; and
b
where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.
.
.
5
In Part 2 of Schedule 2 (certificates under regulation 6) —
a
for “Council” substitute “[Council] [Secretary of State]*” in each place where the word occurs; and
b
in note (f) after “council” insert “or the Secretary of State as appropriate”.
Planning (Hazardous Substances) Regulations 1992
10
The Planning (Hazardous Substances) Regulations 1992 apply to the Crown as if, in regulation 4 (exemptions), after paragraph (1) there were inserted —
1A
Hazardous substances consent is not required for the presence of a hazardous substance in, on, over or under land at military establishments, installations or storage facilities.
.
Town and Country Planning (Control of Advertisements) Regulations 1992
11
The Town and Country Planning (Control of Advertisements) Regulations 1992 except for regulation 27 (contravention of Regulations) apply to the Crown.
Town and Country Planning General Regulations 1992
12
Regulation 16 of, and Schedule 2 to, the Town and Country Planning General Regulations 1992 (notices and counter-notices relating to planning blight) apply to the Crown.
Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992
13
The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 apply to the Crown.
Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994
14
The Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 applies to the Crown.
Conservation (Natural Habitats, &c.) Regulations 1994
15
Part 4 of the Conservation (Natural Habitats, &c.) Regulations 1994 (adaptation of planning and other controls) applies to the Crown as if, in regulation 54(1) (grant of planning permission), after sub-paragraph (a) there were inserted —
aa
granting planning permission on an application under section 293A of that Act (urgent Crown development);
.
Town and Country Planning (General Permitted Development) Order 1995
16
1
The Town and Country Planning (General Permitted Development) Order 1995 applies to the Crown with, in relation to England, the following modifications.
2
In article 1(2) (interpretation) —
a
in the definition of “building” for “and Class A of Part 31” substitute “, Class A of Part 31 and Class C of Part 38”;
b
after the definition of “classified road” insert —
“Crown land” has the meaning given by section 293 of the Act;
;
c
after the definition of “Notification Regulations” insert —
“operational Crown building” means a building which is operational Crown land;
“operational Crown land” means —
Crown land which is used for operational purposes; and
Crown land which is held for those purposes,
but does not include —
land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or held, for operational purposes;
Crown land —
belonging to Her Majesty in right of the Crown and forming part of the Crown Estate;
in which there is an interest belonging to Her Majesty in right of Her private estates;
in which there is an interest belonging to Her Majesty in right of the Duchy of Lancaster; or
belonging to the Duchy of Cornwall;
“operational purposes” means the purposes of carrying on the functions of the Crown or of either House of Parliament;
; and
d
for the definition of “original” substitute —
“original” means —
in relation to a building, other than a building which is Crown land, existing on 1st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built;
in relation to a building which is Crown land on 7th June 2006, as existing on that date and, in relation to a building built on or after 7th June 2006 which is Crown land on the date of its completion, as so built;
.
3
After paragraph (12) of article 1 insert —
13
For the purposes of this Order, development carried out by or on behalf of any person in whom control of accommodation in any part of the Palace of Westminster or its precincts is vested shall be treated (so far as it would not otherwise be treated) as development by or on behalf of the Crown.
.
4
In article 3(12) (permitted development) after sub-paragraph (f) insert —
g
development for which permission is granted by Class B of Part 13.
.
5
In article 4(3) (directions restricting permitted development) —
a
after sub-paragraph (a) insert —
aa
development permitted by Class B of Part 13;
ab
development permitted by Part 37 or Part 38;
; and
b
in sub-paragraph (b) after “emergency” insert “other than development permitted by Part 37”.
6
In Schedule 2 (permitted development) —
a
for Part 13 (development by local highway authorities) substitute Part 13 as set out in Part 1 of Schedule 1 to this Order; and
b
after Part 33 (closed circuit television cameras) insert Parts 34 to 38 as set out in Part 2 of that Schedule.
Town and Country Planning (General Development Procedure) Order 1995
17
1
The Town and Country Planning (General Development Procedure) Order 1995 applies to the Crown with, in relation to England, the following modifications.
2
For article 4A (applications in respect of Crown land) substitute —
Applications in respect of Crown land
4A
1
An application for planning permission in respect of Crown land shall be accompanied by —
a
a statement that the application is made in respect of Crown land; and
b
where the application is made by a person authorised in writing by the appropriate authority, a copy of that authorisation.
.
3
In article 8 (publicity for applications for planning permission) after paragraph (7) insert —
7A
This article applies to applications made to the Secretary of State under section 293A of the Act (urgent Crown development) as if the references to a local planning authority were references to the Secretary of State.
.
4
After article 10 (consultations before the grant of planning permission) insert —
Consultations before the grant of planning permission: urgent Crown development
10A
1
Article 10 applies in relation to applications made to the Secretary of State under section 293A of the Act with the following modifications.
2
For paragraphs (1), (1A), and (1B) substitute —
1
Before granting planning permission for development which, in his opinion, falls within a category set out in the table below, the Secretary of State shall consult the authority or person mentioned in relation to that category, except where —
a
the authority or person so mentioned has advised the Secretary of State that they do not wish to be consulted; or
b
the development is subject to any standing advice provided by the authority or person so mentioned to the Secretary of State in relation to the category of development.
1A
The exception in paragraph (1)(a) shall not apply where, in the opinion of the Secretary of State, development falls within paragraph (zb) of the table below.
1B
The exception in paragraph (1)(b) shall not apply where —
a
the development is an EIA development; or
b
the standing advice was issued more than two years before the date of the application for planning permission for the development and the guidance has not been amended or confirmed as being extant by the authority or person within that period.
.
3
In the table after paragraph (b) insert —
(ba) Development likely to affect land in the area of a parish council The parish council
4
Omit paragraph (3).
5
In paragraph (4) —
a
for “a local planning authority are” substitute “the Secretary of State is”;
b
in sub-paragraph (a) for “they” substitute “he”.
6
In paragraph (5) for “local planning authority” substitute “Secretary of State”.
.
5
In article 19(3) (representations to be taken into account) for “of the Act (reference of applications to the Secretary of State)” substitute “(reference of applications to the Secretary of State) and section 293A(2) (applications for urgent Crown development) of the Act”.
6
In article 25 (register of applications) —
a
in paragraph (4)(d) after “whether on appeal” insert “, on an application under section 293A(2) of the Act (applications for urgent Crown development)”;
b
in paragraph (9) for “Every” substitute “Subject to paragraph (9A), every”; and
c
after paragraph (9) insert —
9A
A copy of any application made under section 293A(2) of the Act (applications for urgent Crown development) and of any plans and drawings submitted in relation to it shall be placed on the register within 14 days of the date on which the local planning authority is consulted on the application by the Secretary of State.
.
7
In Part 1 of Schedule 2 (notices under articles 6 and 9) —
a
in the first notice —
i
for “Council” substitute “[Council] [Secretary of State]†” in each place where the word occurs; and
ii
in note (05) after “Council” insert “or the Secretary of State as appropriate”;
b
in the second notice —
i
for “Council” substitute “[Council] [Secretary of State]†” in each place where the word occurs; and
ii
in note (g) after “Council” insert “or the Secretary of State as appropriate”.
Town and Country Planning (Minerals) Regulations 1995
18
The Town and Country Planning (Minerals) Regulations 1995 apply to the Crown.
The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995
19
1
The Town and Country Planning (General Development Procedure) (Welsh Forms) Order 1995 applies to the Crown and is modified as follows.
2
In Part 1 of Schedule 2 (notices under articles 6 and 9) —
a
in the first notice —
i
for “i Gyngor” substitute “[i Gyngor] [i Gynulliad Cenedlaethol Cymru]†”;
ii
for “i'r Cyngor” substitute “at[y Cyngor] [Gynulliad Cenedlaethol Cymru]†”;
iii
in footnote (c) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”; and
iv
in footnote (e) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”;
b
in the second notice —
i
for “i Gyngor” substitute “[i Gyngor] [i Gynulliad Cenedlaethol Cymru]†”;
ii
for “y Cyngor” substitute “[y Cyngor] [Gynulliad Cenedlaethol Cymru]†”;
iii
in footnote (c) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol” and
iv
in footnote (g) after “Cyngor” insert “neu Gynulliad Cenedlaethol Cymru fel y bo'n briodol”.
Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997
20
The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997 apply to the Crown.
Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997
21
The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997 apply to the Crown.
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
22
1
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply to the Crown with the following modifications.
2
In regulation 8 (application referred to the Secretary of State without an environmental statement) —
a
in paragraph (1) —
i
before “referred” insert “made or”; and
ii
before “referral” insert “making or the”; and
b
in paragraph (2) before “referred” insert “made or”.
Town and Country Planning (Trees) Regulations 1999
23
1
The Town and Country Planning (Trees) Regulations 1999 apply to the Crown with the following modifications.
2
In regulation 10(1) (trees in conservation areas-exemptions) after sub-paragraph (a) insert —
aa
the cutting down, uprooting, topping or lopping of a tree by, or on behalf of, the Forestry Commissioners on land placed at their disposal in pursuance of the Forestry Act 1967 or otherwise under their management or supervision;
.
3
In the Schedule (form of tree preservation order) in article 5(1) (exemptions) after paragraph (a) insert —
aa
the cutting down, topping, lopping or uprooting of a tree where that work is required to enable the implementation of an order made or confirmed under paragraph 8(1) or paragraph 15(1) of Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes);
ab
the cutting down, topping, lopping or uprooting of a tree where that work is urgently necessary for national security purposes;
.
Town and Country Planning (Inquiries Procedure) (England) Rules 2000
24
1
The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 apply to the Crown with the following modifications.
2
After rule 23 (Mayor of London) insert —
Modifications where national security direction given and for urgent Crown development or works
23A
1
The modifications set out in Part 1 of the Schedule shall have effect where a direction is given by the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).
2
The modifications set out in Part 2 of the Schedule shall have effect where either section 293A of the Planning Act (urgent Crown development) or section 82B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.
.
3
At the end of the Rules add the Schedule set out in Schedule 2 to this Order.
Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000
25
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 apply to the Crown.
Town and Country Planning (Hearings Procedure) (England) Rules 2000
26
The Town and Country Planning (Hearings Procedure) (England) Rules 2000 apply to the Crown.
Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000
27
The Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 apply to the Crown.
Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002
28
1
The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
2
After rule 25 (Mayor of London) insert —
Modifications where national security direction given
25A
The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).
.
3
At the end of the Rules add the Schedule set out in Schedule 3 to this Order.
Landfill (England and Wales) Regulations 2002
29
The Landfill (England and Wales) Regulations 2002 apply to the Crown insofar as they relate to planning permission for landfill.
Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002
30
The Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 apply to the Crown subject to the modification that, for regulation 7 (notification of appeal to the local planning authority) there is substituted —
Notification of appeal to the local planning authority
7
1
On receipt of the statement under regulation 6 the Secretary of State shall notify the local planning authority in writing that an appeal has been made and copy to them the appeal and, subject to paragraph (2), the statement made under regulation 6.
2
Nothing in paragraph (1) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002
31
1
The Town and Country Planning (Enforcement) (Written Representations Procedure) (England) Regulations 2002 apply to the Crown with the following modifications.
2
In regulation 7 (representations) —
a
in paragraph (6) after “and shall” insert “, subject to paragraph (7A),”;
b
in paragraph (7) after “receipt” insert “and subject to paragraph (7A)”; and
c
after paragraph (7) insert —
7A
Nothing in paragraph (6) or (7) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.
.
3
In regulation 8 (third party representations) —
a
at the beginning of paragraph (2)(a) insert “subject to paragraph (2A),”; and
b
after paragraph (2) insert —
2A
Nothing in paragraph (2)(a) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s opinion, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002
32
1
The Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
2
In rule 5 (hearing statements) —
a
in paragraph (5) for “The Secretary of State” substitute “Subject to paragraph (5A), the Secretary of State”; and
b
after paragraph (5) insert —
5A
Nothing in paragraph (5) shall require the Secretary of State to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the Secretary of State’s view, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002
33
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 apply to the Crown.
Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002
34
1
The Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 apply to the Crown with the following modifications.
2
After rule 25A (withdrawal of consent to use of electronic communications) insert —
Modifications where national security direction given
25B
The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).
.
3
At the end of the Rules add the Schedule set out in Schedule 4 to this Order.
Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003
35
The Town and Country Planning (Referrals and Appeals) (Written Representations Procedure) (Wales) Regulations 2003 apply to the Crown.
Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003
36
The Town and Country Planning (Enforcement Notices and Appeals) (Wales) Regulations 2003 apply to the Crown subject to the modification that, for regulation 6 (notification of appeal to the local planning authority) there is substituted —
Notification of appeal to the local planning authority
6
1
Upon receipt of the statement under regulation 5, the National Assembly must notify the local planning authority in writing that an appeal has been made and copy to the local planning authority the appeal and the statement made under regulation 5.
2
Nothing in paragraph (1) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003
37
1
The Town and Country Planning (Enforcement) (Written Representations Procedure) (Wales) Regulations 2003 apply to the Crown with the following modifications.
2
In regulation 7 (representations) —
a
in paragraph (6) after “and must” insert “, subject to paragraph (7A),”;
b
in paragraph (7) after “receipt” insert “and subject to paragraph (7A)”; and
c
after paragraph (7) insert —
7A
Nothing in paragraph (6) or (7) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.
.
3
In regulation 8 (third party representations) —
a
at the beginning of paragraph (2)(a) insert “subject to paragraph (2A),”; and
b
after paragraph (2) insert —
2A
Nothing in paragraph (2)(a) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the opinion of either the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003
38
1
The Town and Country Planning (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
2
After rule 22A (Withdrawal of consent to use of electronic communications) insert —
Modifications where national security direction given and for urgent Crown development or works
22B
1
The modifications set out in Part 1 of the Schedule have effect where a direction is given by the National Assembly or the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).
2
The modifications set out in Part 2 of the Schedule have effect where either section 293A of the Planning Act (urgent Crown development) or section 82B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.
.
3
At the end of the Rules add the Schedule set out in Schedule 5 to this Order.
Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003
39
The Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown.
Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003
40
1
The Town and Country Planning (Enforcement) (Hearings Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
2
In rule 5 (hearing statements) —
a
in paragraph (5) for “The National Assembly” substitute “Subject to paragraph (5A), the National Assembly”; and
b
after paragraph (5) insert —
5A
Nothing in paragraph (5) requires the National Assembly to disclose information as to national security or the measures taken or to be taken to ensure the security of any premises or property where, in the view of the National Assembly or the Secretary of State, public disclosure of that information would be contrary to the national interest.
.
Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003
41
1
The Town and Country Planning (Enforcement) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown with the following modifications.
2
After rule 25A (withdrawal of consent to use of electronic communications) insert —
Modifications where national security direction given
25B
The modifications set out in the Schedule have effect where a direction is given by the National Assembly or the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the National Assembly or the Secretary of State).
.
3
At the end of the Rules add the Schedule set out in Schedule 6 to this Order.
Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003
42
The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (Wales) Rules 2003 apply to the Crown.
Town and Country Planning (Hearings Procedure) (Wales) Rules 2003
43
The Town and Country Planning (Hearings Procedure) (Wales) Rules 2003 apply to the Crown.
Town and Country Planning (Timetable for Decisions) (England) Order 2005
44
The Town and Country Planning (Timetable for Decisions) (England) Order 2005 applies to the Crown.
Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005
45
The Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 apply to the Crown.
Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005
46
1
The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 apply to the Crown with the following modifications.
2
After rule 27 (Mayor of London) insert —
Modifications where national security direction given
27A
The modifications set out in the Schedule shall have effect where a direction is given by the Secretary of State under —
a
section 321(3) of the Planning Act (planning inquiries to be held in public subject to certain exceptions); or
b
paragraph 6(6) of Schedule 3 to the Listed Buildings Act (determination of certain appeals by person appointed by the Secretary of State).
.
3
At the end of the Rules add the Schedule set out in Schedule 7 to this Order.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th May 2006


text:
Citation and commencement
1
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Waste Management Licensing) (England and Wales) Regulations 2006 and come into force on 5th January 2007.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
a
“the WEEE Directive ” means Council Directive 2002/96/ EC on waste electrical and electronic equipment as amended by Council Directive 2003/108/EC ;
b
“the 1994 Regulations ” means the Waste Management Licensing Regulations 1994 ;
c
“site licence” has the same meaning as in the Environmental Protection Act 1990.
Amendment of the 1994 Regulations
3
The 1994 Regulations have effect subject to the amendments in Schedule 1.
Transitional arrangements: site licences and registrations
4
Schedule 2 (transitional arrangements) has effect.
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
12th December 2006
D. Elis-Thomas
Presiding Officer
National Assembly for Wales
12th December 2006


text:
Title, commencement and application
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Reductions from Payments) (England) Regulations 2006, come into force on 26th February 2006 and apply in England only.
Interpretation
2
In these Regulations —
“the Commission Regulation” means Commission Regulation ( EC ) No 1954/2005 amending Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation, as last amended by Commission Regulation (EC) No 2184/2005 ;
“the Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as last amended by Council Regulation (EC) No 2183/2005 .
Deductions from payments
3
In accordance with Article 3 of the Commission Regulation, Article 1 of that Regulation shall not apply with regard to payments to be made in respect of the year 2005 under —
a
the Single Payment Scheme established in Title III of the Council Regulation, or
b
the aid schemes established in Chapters 1 to 7 of Title IV of the Council Regulation.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th January 2006


text:
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2006 and shall come into force on 2nd March 2006.
2
In the Immigration (Passenger Transit Visa) Order 2003 , in Schedule 1, after “Liberia” there shall be inserted “Malawi”.
Tony McNulty
Parliamentary Under Secretary of State
Home Office
27th February 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Private and Voluntary Health Care (England) (Amendment) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England only.
Amendment of the Private and Voluntary Health Care (England) Regulations 2001
2
After Part III (conduct of health care establishments and agencies) of the Private and Voluntary Health Care (England) Regulations 2001 insert —
PART IIIA
FREQUENCY OF INSPECTIONS OF HEALTH CARE ESTABLISHMENTS AND AGENCIES
Frequency of inspections
32A
1
Subject to paragraph (2), the Commission shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected a minimum of once in every five year period.
2
Any inspection referred to in paragraph (1) may be unannounced.
3
In this regulation, “five year period” means a period commencing on 1st April in any year and ending on 31st March in the fifth year following.
.
Revocations
3
Regulation 6 (frequency of inspections) of the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 is hereby revoked.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
1st March 2006


text:
1
This Order may be cited as The A550 and A5117 Trunk Roads (Improvement between M56 and A548) and Connecting Roads Order 2006, and shall come into force on 9th June 2006.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the connecting roads;
iii
“the plan” means the plan numbered HA 10/MP/041, marked “The A550 and A5117 Trunks Roads (Improvement between M56 and A548) and Connecting Roads Order 2006”, signed by authority of the Secretary of State for Transport and deposited at the offices of the Highways Agency, City Tower, Piccadilly Plaza, Piccadilly, Manchester M1 4BE;
iv
“the connecting roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the connecting roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunks roads 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 relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director Highways Agency
25th May 2006


text:
Citation
1
This Order may be cited as the Saint Cecilia's, Wandsworth Church of England School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Saint Cecilia's, Wandsworth Church of England School, Sutherland Grove, London, SW18 5JR, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination 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 Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th July 2006


text:
Title, application and commencement
1
These Regulations may be cited as the Curd Cheese (Restriction on Placing on the Market) (England) Regulations 2006, apply in relation to England only and come into force on 18 th October 2006.
Interpretation
2
1
In these Regulations —
“authorised officer”, in relation to a food authority, means any person (whether or not an officer of the authority) authorised by it in writing, either generally or specially, to act in matters arising under these Regulations;
“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990 , except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);
“place on the market” and “placed on the market” shall be construed in accordance with the definition of “placing on the market” in Article 3.8 of Regulation 178/2002;
“Regulation 178/2002” means Regulation ( EC ) No. 178/2002 of the European Parliament and the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , to a port health authority;
b
by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; or
c
by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 , to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Prohibition on the placing on the market of curd cheese
3
No person shall place on the market any curd cheese manufactured by Bowland Dairy Products Limited, located at Fulshaw Head Farm, Barrowford, Lancashire BB9 6RA and approved under the number UK PE 23.
Application of various provisions of the Food Safety Act 1990
4
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 21 (defence of due diligence) with the modifications that subsections (2) to (4) shall apply in relation to an offence under regulation 6(1) as they apply in relation to an offence under section 14 or 15 and that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to be references to “placing on the market”;
c
section 32 (powers of entry);
d
section 33(1) (obstruction etc. of officers);
e
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (d);
f
section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (d);
g
section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (e);
h
section 36 (offences by bodies corporate);
i
section 36A (offences by Scottish partnerships) ; and
j
section 44 (protection of officers acting in good faith).
Inspection and seizure of suspected products
5
1
An authorised officer of a food authority may at all reasonable times inspect any product that has been placed on the market and paragraphs (2) to (7) shall apply where, on such an inspection or for any other reasonable cause, it appears to the authorised officer that any person has failed to comply with regulation 3 in relation to any product.
2
The authorised officer may either —
a
give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it —
i
is not to be further placed on the market, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the product and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by paragraph (2)(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that regulation 3 has been complied with in relation to the product and —
a
if he is so satisfied, shall forthwith withdraw the notice; and
b
if he is not so satisfied, shall seize the product and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the power conferred by paragraph (2)(b) or (3)(b), he shall inform the person in charge of the product of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3 might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under that regulation in relation to that product.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that there has been a failure to comply with regulation 3 in relation to any product falling to be dealt with by him under this regulation, he shall condemn the product and order —
a
the product to be destroyed or to be so disposed of as to prevent it from being further placed on the market; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the product.
6
If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any product falls to be dealt with under this regulation refuses to condemn it, the food authority shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
Offences and penalties
6
1
Any person who contravenes regulation 3 or knowingly contravenes the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be guilty of an offence.
2
Any person guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
3
No prosecution for an offence consisting of a contravention of regulation 3 or of knowingly contravening the requirements of a notice given under paragraph (2)(a) of regulation 5 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Enforcement
7
Each food authority shall, within its area, enforce and execute the provisions of these Regulations.
Signed by authority of the Secretary of State for Health
Caroline Flint
Minister of State,
Department of Health
16th October 2006