text:
PART 1 General
Title, extent and commencement
1
These Regulations may be cited as the EC Fertilisers (England and Wales) Regulations 2006, extend to England and Wales and shall come into force on 11th October 2006.
Interpretation
2
1
In these Regulations —
“the Community Regulation” means Regulation (EC) 2003/2003 of the European Parliament and the Council relating to fertilisers ; and
“premises” includes any place, any vehicle or trailer, any container, any stall or moveable structure, and any ship or aircraft.
2
In these Regulations —
a
a reference to a numbered Article or Annex is a reference to the Article in, or the Annex to, the Community Regulation so numbered; and
b
expressions that are used in the Community Regulation and these Regulations have the same meaning in these Regulations as in the Community Regulation.
PART 2 Composition, labelling and records
Types of fertiliser for which designation “EC fertiliser” can be used
3
1
No manufacturer shall place on the market a fertiliser designated as an “EC fertiliser” unless —
a
it is of a type listed in Annex I; and
b
he is established in accordance with Article 4 (establishment within the Community).
2
Any person who contravenes paragraph (1) shall be guilty of an offence.
Tolerances
4
Any manufacturer who —
a
places on the market a fertiliser designated as an “EC fertiliser” the content of which does not comply with the tolerances specified in paragraphs (1) and (3) of Article 13 (tolerances); or
b
fails to comply with Article 13(2),
shall be guilty of an offence.
General provisions relating to identification, marking, labelling and packaging of EC fertilisers
5
1
Any manufacturer who places on the market a fertiliser designated as an EC fertiliser shall be guilty of an offence unless the identification markings relating to it —
a
are borne as specified in paragraph (1) of Article 9 (markings);
b
comply with Article 9(2);
c
include a declaration of contents as specified in paragraphs (1)(a) and (d), (4), (5) and (6) of Article 6 (compulsory statements);
d
include the additional instructions called for by Article 9(3) if it is a fluid fertiliser; and
e
have been provided as specified in paragraph (1) of Article 7 (identification).
2
Any manufacturer who places on the market a packaged fertiliser designated as an EC fertiliser shall be guilty of an offence unless —
a
the identification markings appear as specified in the first sentence of Article 7(2);
b
the packaging and labelling of the fertiliser complies with paragraphs (1) and (2) of Article 10 (labelling);
c
the packaging complies with Article 12 (packaging); and
d
the language in which the identification markings appear complies with Article 11 (languages).
3
Any manufacturer who places on the market a bulk fertiliser designated as an EC fertiliser shall be guilty of an offence unless —
a
the identification markings appear as specified in the second sentence of Article 7(2);
b
a copy of the documents containing them meets the requirements of Article 10(3); and
c
the language in which the identification markings appear complies with Article 11.
Additional provisions relating to the marking and identification of inorganic primary nutrient fertilisers
6
Any manufacturer who places on the market a fertiliser —
a
that is designated as an EC fertiliser;
b
that is a fertiliser of the type described in Article 16 (scope); and
c
for which a declaration of calcium, magnesium, sodium and sulphur content is made other than —
i
in accordance with Articles 17 (declaration of secondary nutrients in primary nutrient fertilisers), 18 (calcium, magnesium, sodium and sulphur) and 19 (identification), and
ii
as specified in Article 6(2)(c),
shall be guilty of an offence.
Additional provisions relating to the marking and identification of inorganic secondary nutrient fertilisers
7
Any manufacturer who places on the market a fertiliser —
a
that is designated as an EC fertiliser;
b
that is a fertiliser of the type described in Article 20 (scope);
c
that is not marked in accordance with Article 21 (identification); and
d
for which a declaration of calcium, magnesium, sodium and sulphur content is made otherwise than as specified in Article 6(2)(c),
shall be guilty of an offence.
Additional provisions relating to the identification and packaging of inorganic micro-nutrient fertilisers
8
Any manufacturer who places on the market a fertiliser that is —
a
designated as an EC fertiliser;
b
a fertiliser of the type described in Article 22 (scope);
c
not marked in accordance with Article 23 (identification); and
d
not packaged in accordance with Article 24 (packaging),
shall be guilty of an offence.
Records
9
Any manufacturer who fails to comply with the requirements of Article 8 (traceability) shall be guilty of an offence.
Compliance notices
10
1
This regulation applies where either or both the Secretary of State (in England) and the National Assembly for Wales (in Wales) is of the opinion that a person is a manufacturer placing on the market fertiliser that does not comply with the Community Regulation, but that person has not committed an offence under regulations 3 to 9.
2
The Secretary of State and the National Assembly for Wales may each serve a notice in writing on the person in question giving reasons why he, or as the case may be, it, is of that opinion and requiring him to take such steps as are specified in the notice within such period (being not less than 14 days except in an emergency) as is so specified.
3
The steps to be so specified are steps that the Secretary of State, or the National Assembly for Wales, as the case may be, regards as appropriate to cause him, or it, no longer to be of the opinion in paragraph (1).
4
Failure to comply with such a notice is an offence unless the notice has been withdrawn.
PART 3 Enforcement
Enforcement authorities
11
1
These Regulations and the Community Regulation shall be enforced by the local authority.
2
The local authority shall appoint inspectors for the purposes of these Regulations.
3
For the purposes of this Part “local authority” means —
a
where there is a unitary authority for a local government area, the authority for that area;
b
where there is not a unitary authority —
i
in a metropolitan district, the council of that district;
ii
in a non-metropolitan county, the council of that county;
c
in each London borough, the council of that borough;
d
in the City of London, the Common Council;
e
in the Isles of Scilly, the Council of the Isles of Scilly;
f
in respect of a local government area within Wales, the county council or the county borough council for that area, as the case may be.
4
For the purposes of this regulation “unitary authority” means any authority which is the sole principal council for its local government area.
Powers of entry
12
1
An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ensuring that the provisions of these Regulations are being complied with.
2
He may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of the Community Regulation.
3
Admission to any premises used only as a private dwellinghouse shall not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
4
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) that notice of intention to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force, and to take with him such persons as appears to be necessary.
5
A warrant under this section shall continue in force for one month.
6
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Powers of inspectors
13
1
An inspector entering premises under regulation 12 may —
a
inspect the premises, and any plant, machinery or equipment;
b
search the premises;
c
inspect any material and take samples in the manner prescribed in Annex IV (methods of sampling and analysis);
d
examine or seize any documents or records (including financial records);
e
seize any computers and associated equipment for the purpose of copying documents provided they are returned as soon as practicable;
f
carry out any inquiries, examinations and tests;
g
have access to, and inspect and copy any documents or records (in whatever form they are held) required to be kept by the Community Regulation, or remove such records to enable them to be copied; and
h
have access to, inspect and check the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records.
2
For the purposes of paragraph (1)(h), an inspector —
i
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require; and
ii
where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
Special provisions relating to compliance notices
14
1
The local authority shall give the Secretary of State (in England) and the National Assembly for Wales (in Wales) on demand such information as the Secretary of State, or as the case may be, the National Assembly for Wales requires in order to exercise any function under regulation 10.
2
Paragraph (3) applies where —
a
the Secretary of State, or as the case may be, the National Assembly for Wales considers that a person served with a notice under regulation 10(2) has failed to comply with the requirements of the notice;
b
the Secretary of State, or as the case may be, the National Assembly for Wales requires the local authority to ascertain whether there has been such a failure; and
c
the local authority fails to comply with the requirement.
3
Where this paragraph applies —
a
the Secretary of State, or as the case may be, the National Assembly for Wales may appoint a person to ascertain whether a person served with a notice under regulation 10(2) has failed to comply with the requirements of the notice;
b
a person so appointed is deemed to be an inspector; and
c
the costs incurred by the Secretary of State or the National Assembly for Wales in connection with ascertaining whether there has been such a failure are recoverable on demand from the local authority.
Obstruction
15
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations; or
c
furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading,
shall be guilty of an offence.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
PART 4 Competent laboratories, treatment of samples and further controls
Competent laboratories
16
1
The Secretary of State (in England) and the National Assembly for Wales (in Wales) shall each be responsible for granting or withdrawing authorisations for the purposes of Article 33 (competent laboratories).
2
In deciding whether to grant or withdraw an authorisation under this regulation, the Secretary of State or, as the case may be, the National Assembly for Wales shall take into account the actual and expected competence of the laboratory to check compliance of fertilisers designated as EC fertilisers with the requirements of the Community Regulation.
3
A statement given by the Secretary of State or, as the case may be, the National Assembly for Wales, to the operator of a laboratory in anticipation of the coming into force of this regulation that the laboratory is authorised for the purposes of Article 33 is deemed to be an authorisation under this regulation.
Treatment of samples
17
In any proceedings for an offence under these Regulations in relation to which the content of a fertiliser is relevant —
a
a court shall not conclude that a sample is representative of the fertiliser unless —
i
the sample has been taken in accordance with Annex IV; and
ii
it has been subjected to analysis in accordance with Annex IV in a laboratory listed in accordance with paragraphs (2) or (5) of Article 30 (laboratories);
b
a certificate given by a person that he is an inspector and took the sample in accordance with Annex IV shall, unless the contrary is proved, be taken as evidence of his being one and having done so;
c
a certificate given on behalf of a laboratory that it is authorised under Article 33 and that it analysed the sample in question in accordance with Annex IV shall, unless the contrary is proved, be evidence of it being so authorised and having done so; and
d
the combination of those certificates shall, unless the contrary is proved, be taken as evidence that the sample is representative of the fertiliser.
Remedial action and seizure
18
1
Where an inspector has reasonable grounds to believe that a fertiliser designated as an EC fertiliser is one in relation to which an offence under these Regulations has been committed he may —
a
give to the person whom he considers to be in charge of the fertiliser a notice requiring him to take such action as is specified in the notice; or
b
seize the fertiliser in order to have it dealt with by a justice of the peace.
2
The action that may be so specified is action to ensure that the fertiliser is removed from the market and not placed on the market again until it can be so placed without an offence under these Regulations being committed.
3
A notice given under paragraph (1)(a) shall also specify the grounds for the inspector’s belief.
4
Where an inspector has seized fertiliser under paragraph (1)(b) —
a
he shall inform the person whom he considers liable to prosecution of the grounds for his belief;
b
that person may attend before the justice of the peace who deals with the fertiliser; and
i
shall be entitled to be heard; and
ii
may call witnesses; and
c
if the justice of the peace finds that the fertiliser is one in relation to which an offence under these Regulations has been committed —
i
he shall order that it be destroyed or disposed of in an appropriate manner; and
ii
any expenses reasonably incurred in connection with the destruction or disposal shall be defrayed by the person in question.
5
Any person who fails to comply with a notice given under paragraph (1)(a) shall be guilty of an offence.
Safeguard measures
19
1
Where a risk identified in Article 15 (safeguard clause) applies in relation to a fertiliser covered by that Article, the Secretary of State (in England) and the National Assembly for Wales (in Wales), or both, may direct any person whom he or it considers to be in charge of the fertiliser to take such action to mitigate or eliminate the risk as is specified in the direction.
2
A direction shall be given by notice served on the person in question.
3
If the Secretary of State or, as the case may be, the National Assembly for Wales, considers that —
a
the direction should be given to a number of persons; and
b
the most efficient way of bringing it quickly to their attention would be publicising it by other means,
the direction shall be given to them by publicising it by those other means.
4
Any person who fails to comply with a direction given under this regulation shall be guilty of an offence unless the direction has been withdrawn.
5
In any proceedings for an offence under paragraph (4) it shall be a defence for the person accused to show —
a
that he was not in charge of the fertiliser; or
b
that he was not aware of the direction.
PART 5 Penalties
Penalties
20
1
A person guilty of an offence under these Regulations 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 both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in such a capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
PART 6 Disapplication of legislation
Disapplication of offence provisions
21
Where an act or omission is an offence under these Regulations it shall not be an offence under Part IV of the Agriculture Act 1970 or the Fertilisers Regulations 1991 .
Disapplication of sampling and analysis provisions
22
The Fertilisers (Sampling and Analysis) Regulations 1996 shall not apply to any sampling or analysis of fertilisers carried out pursuant to these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
6th September 2006


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Lifeboats) Order 2006 and comes into force on 1st August 2006.
2
In Schedule 8 to the Value Added Tax Act 1994 (zero-rating), after paragraph (d) of item 3 of Group 8 (transport) insert —
e
The supply of fuel to a charity providing rescue or assistance at sea where the fuel is for use in a lifeboat.
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2006.
2
These Regulations come into force —
a
for the purposes of regulations 3(a)(ii), (b) and (c), 8 and 9 on 20th January 2007; and
b
for all other purposes on 1st November 2007.
3
In these Regulations, “the principal regulations ” means the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 .
Amendment of the principal regulations
2
The principal regulations are amended as follows.
Amendment of regulation 2
3
In regulation 2 (interpretation) —
a
in the definition of “directive restrictions” —
i
for “article 25 of the investment services directive” substitute “articles 54 and 58 of the markets in financial instruments directive”;
ii
omit “, article 107 of the listing particulars directive”;
b
in the definition of “ EEA competent authority” omit “, or the listing particulars directive”;
c
omit the definition of “listing particulars directive”;
d
after the definition of “former regulated person” insert —
“markets in financial instruments directive information” means confidential information received by the Authority in the course of discharging its functions as an EEA competent authority under the markets in financial instruments directive;
;
e
in the definition of “single market directive information” after “single market directives” insert “(except for the markets in financial instruments directive)”.
Substitution of regulation 8
4
For regulation 8 (application of this Part) substitute —
Application of this Part
8
This Part applies to —
a
single market directive information; and
b
markets in financial instruments directive information, where that information has been received from —
i
an overseas regulatory authority under a cooperation agreement referred to in article 63 of the markets in financial instruments directive; or
ii
an EEA competent authority under article 58.1 of the markets in financial instruments directive.
.
Amendment of regulation 9
5
In regulation 9 (disclosure by the Authority or Authority workers to certain other persons) —
a
in paragraph (1) for “and (3)” substitute “, (3) and (3A)”;
b
for paragraph (2)(a) substitute —
a
article 63 of the markets in financial instruments directive;
;
c
in paragraph (3)(b) omit paragraph (i);
d
after paragraph (3) insert —
3A
Paragraph (1) does not permit disclosure of markets in financial instruments information to a person specified in the first column of Schedule 1 other than a person listed in paragraph (3B) where that information —
a
was obtained from an EEA competent authority under article 58.1 of the markets in financial instruments directive (“the directive”) or an overseas regulatory authority under a cooperation agreement referred to in article 63 of the directive, and
b
that authority indicated at the time of communication that such information must not be disclosed,
unless that authority has given its express consent to the disclosure.
3B
The persons are —
a
the Bank of England,
b
the European Central Bank,
c
the central bank of any country or territory outside the United Kingdom, or
d
a body (other than a central bank) in a country or territory outside the United Kingdom having —
i
functions as a monetary authority; or
ii
responsibility for overseeing payment systems.
.
Amendment of regulation 11
6
In regulation 11 (application of this Part) —
a
omit sub-paragraph (c);
b
at the end insert —
d
markets in financial instruments directive information, where that information has been received from —
i
an overseas regulatory authority under a cooperation agreement referred to in article 63 of the markets in financial instruments directive; or
ii
an EEA competent under article 58.1 of the markets in financial instruments directive,
unless that authority has given its express consent for disclosure that is covered by this Part.
.
Insertion of regulation 17
7
After regulation 16 (disclosure by recognised self-regulating organisations) insert —
Investment services directive information: transitional provision
17
In these Regulations confidential information received by the Authority in the course of discharging its functions as an EEA competent authority under Council Directive 93/22/ EEC of 10th May 1993 on investment services in the securities field shall be deemed to have been received by the Authority in the course of discharging its functions as an EEA competent authority under the markets in financial instruments directive.
.
Amendment of Part 1 of Schedule 1
8
1
In the table in Part 1 of Schedule 1 (disclosure of information whether or not subject to directive restrictions) —
a
in the second column at the sixth entry (Office of Fair Trading), in paragraph (b) after sub-paragraph (ii), insert “; or (iii) financial organisations within the meaning of article 30.5 of the banking consolidation directive”;
b
in the second column at the seventh entry (Competition Commission), in paragraph (b) after sub-paragraph (ii), insert “; or (iii) financial organisations within the meaning of article 30.5 of the banking consolidation directive”.
2
At the end of the table in Part 1 of Schedule 1 add —
Any body carrying on activities concerned with any of the matters set out in section 16(2) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 Its functions as such Any body carrying on activities concerned with any of the matters set out in section 14 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 Its functions as such The Financial Reporting Council and its operating bodies Their supervisory functions in relation to the exercise by an actuary of his professional duties, the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings
.
Amendment of Schedule 2
9
At the end of the table in Schedule 2 (disclosure of confidential information not subject to directive restrictions), add —
The Gambling Commission Its functions as such
.
Claire Ward
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 2006


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Traditional Herbal Medicinal Products for Human Use) (Consequential Amendment) Regulations 2006 and shall come into force on 1st April 2006.
Amendment of the Medicines (Retail Sale or Supply of Herbal Remedies) Order 1977
2
Article 1A of the Medicines (Retail Sale or Supply of Herbal Remedies) Order 1977 , as inserted by paragraph 1 of Schedule 7 to the Medicines (Traditional Herbal Medicinal Products for Human Use) Regulations 2005 , is renumbered as article 1B.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
14th February 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 ( EEA Passport Rights) (Amendment) Regulations 2006.
2
These Regulations come into force on 1st April 2007 for the purposes of —
a
regulations 4 and 5;
b
enabling the Authority to treat a notice referred to in regulation 4A(3)(a) or 5A(3)(a) of the principal Regulations (inserted by these Regulations) given on or after that date as effective for the purpose of regulation 4A(3) or 5A(3) (as the case may be);
c
enabling the Authority, on receipt on or after that date of notice under regulation 11A(2)(a) or 12A(2)(a) of the principal Regulations (inserted by these Regulations), to inform the host state regulator of the proposed change in accordance with regulation 11A(3) or 12A(3) (as the case may be); and
d
enabling the Authority to give notice under regulation 11A(3) or 12A(3) of the principal Regulations (inserted by these Regulations),
and for all other purposes on 1st November 2007.
3
Nothing in paragraph (2) gives an investment firm or a UK investment firm an EEA right to carry on, before 1st November 2007, an activity —
a
which is an ancillary service listed in Section B of Annex I to the markets in financial instruments directive but which is not a non-core service listed in Section C of the Annex to the investment services directive ;
b
in relation to an investment which is a financial instrument listed in Section C of Annex I to the markets in financial instruments directive but which is not an instrument listed in Section B of the Annex to the investment services directive; or
c
referred to in paragraph 5 of Section A of Annex I to the markets in financial instruments directive unless the firm has an EEA right to carry on one or more core services listed in Section A of the Annex to the investment services directive.
4
In these Regulations, “the principal Regulations” means the Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 and “the investment services directive” means Council Directive 93/22/ EEC of 10 May 1993 on investment services in the securities field .
Amendment of the principal Regulations
2
The principal Regulations are amended as follows.
3
In regulation 1(2), at the end, insert —
;
“tied agent” has the meaning given in Article 4.1.25 of the markets in financial instruments directive;
“UK investment firm” means a UK firm —
which is an investment firm,
whose EEA right derives from the markets in financial instruments directive
.
4
In regulation 2(2) —
a
at the end of sub-paragraph (b) omit “and”;
b
for sub-paragraph (c) substitute —
c
details of the accredited compensation scheme of which the firm is a member in accordance with Directive 97/9/ EC of the European Parliament and of the Council of 3rd March 1997 on investor-compensation schemes ; and
d
a statement of whether the firm intends to use a tied agent established in the United Kingdom.
.
5
In regulation 3 —
a
in paragraph (2) —
i
for “In” substitute “Subject to paragraph (2ZA), in”;
ii
at the end of sub-paragraph (a) omit “and”;
iii
after sub-paragraph (b) insert —
; and
c
a statement of whether the firm intends to use a tied agent to provide services in the United Kingdom
;
b
after paragraph (2) insert —
2ZA
In the case of an investment firm exercising the right under Article 31.5 of the markets in financial instruments directive, the prescribed information is —
a
a statement that the firm is an investment firm; and
b
a statement that the firm intends to exercise that right in the United Kingdom.
.
6
In regulation 4 —
a
in the heading for “Investment firms, management” substitute “Management”;
b
in paragraph (1) for “An investment firm,” substitute “A”;
c
in paragraph (6) for “an investment firm,” substitute “a”.
7
After regulation 4 insert —
Investment firms: changes to branch details
4A
1
An investment firm which has established a branch in the United Kingdom in exercise of an EEA right must not —
a
make a change in the requisite details of the branch,
b
use, for the first time, any tied agent established in the United Kingdom, or
c
cease to use tied agents established in the United Kingdom,
unless the requirements of paragraph (3) have been complied with.
2
Where those requirements have been complied with, the firm’s permission is to be treated as varied accordingly.
3
The requirements are that —
a
the firm has given a notice to its home state regulator stating the details of the proposed change, and
b
the period of one month beginning with the day on which the firm gave the notice has elapsed.
4
Paragraph (1) does not apply to a change occasioned by circumstances beyond the firm’s control.
.
8
In regulation 5 —
a
in the heading for “Investment firms and management” substitute “Management”;
b
omit paragraph (1).
9
After regulation 5 insert —
Investment firms: changes to services
5A
1
An investment firm which is providing services in the United Kingdom in exercise of an EEA right must not —
a
make a change in any of the matters referred to in regulation 3(2)(b),
b
use, for the first time, any tied agent to provide services in the United Kingdom, or
c
cease to use tied agents to provide services in the United Kingdom,
unless the requirements of paragraph (3) have been complied with.
2
Where those requirements have been complied with, the firm’s permission is to be treated as varied accordingly.
3
The requirements are that —
a
the firm has given a notice to its home state regulator stating the details of the proposed change, and
b
the period of one month beginning with the day on which the firm gave the notice has elapsed.
4
Paragraph (1) does not apply to a change occasioned by circumstances beyond the firm’s control.
.
10
In regulation 11 —
a
in the heading omit “investment firms,”;
b
in paragraph (1) omit “the investment services directive,”.
11
After regulation 11 insert —
UK investment firms: changes to branch details
11A
1
A UK investment firm which has exercised an EEA right deriving from the markets in financial instruments directive to establish a branch must not —
a
make a change in the requisite details of the branch,
b
use, for the first time, any tied agent established in the EEA State in which the branch is established, or
c
cease to use tied agents established in the EEA State in which the branch is established,
unless the requirements of paragraph (2) have been complied with.
2
The requirements are that —
a
the firm has given a notice to the Authority stating the details of the proposed change, and
b
the period of one month beginning with the day on which the firm gave the notice has elapsed.
3
The Authority must, as soon as reasonably practicable after receiving a notice under paragraph (2), inform the host state regulator of the proposed change.
4
Paragraph (1) does not apply to a change occasioned by circumstances beyond the firm’s control.
.
12
In regulation 12 —
a
in the heading omit “investment firms and”;
b
in paragraph (1) omit “the investment services directive or”.
13
After regulation 12 insert —
UK investment firms: changes to services
12A
1
A UK investment firm which is providing services in a particular EEA State in exercise of an EEA right deriving from the markets in financial instruments directive must not —
a
make a change in the programme of operations, or the EEA activities, to be carried on in exercise of that right,
b
use, for the first time, any tied agent to provide services in the territory of that State, or
c
cease to use tied agents to provide services in the territory of that State,
unless the requirements of paragraph (2) have been complied with.
2
The requirements are that —
a
the firm has given a notice to the Authority stating the details of the proposed change, and
b
the period of one month beginning with the day on which the firm gave the notice has elapsed.
3
The Authority must, as soon as reasonably practicable after receiving a notice under paragraph (2), inform the host state regulator of the proposed change.
4
Paragraph (1) does not apply to a change occasioned by circumstances beyond the firm’s control.
.
14
In regulation 18(1) after “11(1),” insert “11A(1),” and after “12(1),” insert “12A(1),”.
Transitional and saving provisions
15
1
Where an investment firm has given notice to the Authority and to its home state regulator pursuant to regulation 4(4)(a) of the principal Regulations (of a change in the requisite details of its branch) on or before 31st October 2007, regulation 4 continues to apply in relation to that change as if it had not been amended by these Regulations, and regulation 4A of the principal Regulations (inserted by these Regulations) does not apply in relation to that change.
2
Where an investment firm has given notice to the Authority and to its home state regulator pursuant to regulation 5(3)(a) of the principal Regulations or before 31st October 2007 (in relation to a change in the matters referred to in regulation 3(2)(b) of those Regulations), regulation 5 continues to apply in relation to that change as if it had not been amended by these Regulations, and regulation 5A of the principal Regulations (inserted by these Regulations) does not apply in relation to that change.
3
Where on or before 31st October 2007 —
a
a UK investment firm has given notice to the Authority and to its host state regulator pursuant to regulation 11(2)(a) of the principal Regulations (of a change in the requisite details of the branch) on or before 31st October 2007, but
b
the Authority has not performed its function under regulation 11(4) of those Regulations,
the Authority must inform the host state regulator of the change pursuant to regulation 11A(3) of the principal Regulations (inserted by these Regulations) instead of performing its function under regulation 11(4).
4
Where the Authority has performed its function under regulation 11(4) of the principal Regulations (in relation to a change in the requisite details of a branch by a UK investment firm) on or before 31st October 2007, regulation 11 of the principal Regulations continues to apply in relation to that change as if it had not been amended by these Regulations, and regulation 11A of the principal Regulations (inserted by these Regulations) does not apply in relation to that change.
5
Where a UK investment firm has given notice to the Authority and to its host state regulator pursuant to regulation 12(2)(a) of the principal Regulations (in relation to a change in its programme of operations or EEA activities) on or before 31st October 2007 —
a
regulation 12A of the principal Regulations (inserted by these Regulations) does not apply in relation to that change;
b
the firm must not make the change to which the notice relates until the period of one month beginning with the day on which it gave the notice pursuant to regulation 12(2)(a) of the principal Regulations has elapsed; and
c
the Authority must, as soon as reasonably practicable after receiving the notice, inform the host state regulator of the proposed change.
6
In this regulation, “UK investment firm” means a UK firm (within the meaning of Schedule 3) —
a
which is an investment firm (within the meaning of the investment services directive); and
b
whose EEA right derives from that directive.
Kevin Brennan
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2006


text:
Citation and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2006 and comes into force on 1st July 2006.
Interpretation
2
In this Order, “the relevant year” means the period of 12 months beginning on 1st July 2006.
Rates of Levy – Cereals
3
1
For the relevant year, the rates of levy per tonne of cereals delivered, which appear to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, are —
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
In this article, expressions used have the meaning given to them by paragraph 2 of the Schedule to the Home-Grown Cereals Authority Levy Scheme (Approval) Order 1987 .
Rate of Levy - Oilseeds
4
1
For the relevant year, the rate of levy per tonne of oilseeds delivered, which appears to the Secretary of State and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 76.375 pence.
2
In this article, the term “oilseeds” has the meaning given to it by paragraph 2 of the Schedule to the Home-Grown Cereals Authority Oilseeds Levy Scheme (Approval) Order 1990 .
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
17th May 2006
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer
16th May 2006
We consent
David Henderson-Howatt
A member of the Scottish Executive
26th April 2006
The Department of Agriculture and Rural Development
hereby consents to the foregoing Order.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 8th May 2006
David Small
A Senior Officer of the
Department of Agriculture and Rural Development


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Day Care and Child Minding (Registration Fees) (England) (Amendment) Regulations 2006 and come into force on 2nd October 2006.
2
These Regulations apply only in relation to England.
3
In these Regulations “the 2005 Regulations ” means the Day Care and Child Minding (Registration Fees) (England) Regulations 2005 .
Amendment of the 2005 Regulations
2
The 2005 Regulations are amended in accordance with regulations 3 and 4.
3
In regulation 3 —
1
for “£14”, in each place where it appears, substitute “£18”;
2
for “£121” substitute “£150”.
4
In regulation 4 —
1
for “£11”, in each place where it appears, substitute “£14”;
2
for “£94” substitute “£120”.
Beverley Hughes
Minister of State
Department for Education and Skills
27th July 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers’ Pensions (Miscellaneous Amendments) (No 2) Regulations 2006 and come into force on 1st October 2006.
2
Regulation 4(a) to (c) and (f) (and regulation 3 so far as it relates to it) has effect from 1st June 2006.
3
Regulation 8 (and regulation 3 so far as it relates to it) has effect from 14th June 2006.
4
Regulation 10 insofar as it inserts paragraph 7 into Schedule 8 to the 1997 Regulations (and regulation 3 so far as relates to it) has effect from 1st October 2005.
5
In these Regulations “the 1997 Regulations” means the Teachers’ Pensions Regulations 1997 .
Amendment of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994
2
For Regulation 11(1) and (2) of the Teachers’ Superannuation (Additional Voluntary Contributions) Regulations 1994 substitute the following —
1
Except as provided in paragraph (2) the Secretary of State shall, on application by a person who has ceased to be a contributor by virtue of regulation 7(2)(b) or (c), pay a transfer value representing the value of investments made under regulation 9(1) or 10(2) to any other registered pension scheme in which the person may be participating (provided that the other pension scheme is willing and able to accept such a transfer value).
2
A transfer value shall not however be paid pursuant to paragraph (1) —
a
in respect of a person who has ceased to be a contributor by virtue of regulation 7(2)(b), if the person ceased to be a contributor before 6th April 2006 and has not become a contributor again since that date, or
b
in respect of a person who has ceased to be a contributor by virtue of regulation 7(2)(c) and who ceased to be in pensionable employment before 6th April 2006, unless a transfer value is payable in respect of that person under regulation F1 or F1A of the 1997 Regulations.
.
Amendment of the Teachers’ Pensions Regulations 1997
3
The 1997 Regulations are amended as follows.
4
In regulation C1 —
a
for paragraph (1) (a) substitute —
a
the amounts payable by his employer under any pay order for the time being in force,
,
b
omit “and” at the end of paragraph (1)(c) and insert “and” at the end of paragraph (1)(d),
c
after paragraph (1)(d) insert the following sub-paragraph —
e
an amount equal to any part of the person’s salary which he has given up the right to receive, pursuant to a salary sacrifice arrangement
,
d
omit “and” at the end of paragraph (2)(b) and insert “and” at the end of paragraph (2)(c),
e
after paragraph (2) (c) insert the following sub-paragraph —
d
any amount mentioned in paragraph (1)(e).
,
f
after paragraph (11) insert the following paragraph —
12
In this regulation —
“pay order” means any order under section 122 of the 2002 Act or any document referred to in such an order, and
“salary sacrifice arrangement” means —
in relation to a person to whom paragraph (1) applies, an arrangement specified in any pay order for the time being in force under which the person gives up the right to receive part of his gross salary in return for the employer’s agreement to provide him with benefits in kind as specified in the pay order, and
in relation to any other person, an arrangement of the type specified in sub-paragraph (a) in which the employer’s agreement is to provide benefits in kind of an identical description to those specified in any pay order for the time being in force.
.
5
In regulation C2 —
a
in paragraph (1)(a) after “reduced” insert “before 1st October 2006”,
b
in paragraph (1)(b) after “(“employer A”)” insert “before 1st October 2006”.
6
In regulation E4 —
a
in paragraph (4) before “in cases where the pensionable employment ceased on or after 1st April 1997” insert “, subject to paragraph (4A),”,
b
after paragraph (4) insert the following paragraph —
4A
If the Secretary of State has exercised, or is considering the exercise of, his powers under section 142 of the 2002 Act on the grounds mentioned in subsection (4)(b) of that section to direct that the person may not carry out work to which that section applies but is satisfied that there are exceptional circumstances relating to the person which make it appropriate that he should fall within case C, he may determine that, despite the provisions in paragraph (4), the person (provided that he satisfies the conditions in subparagraphs (a) to (d) of paragraph (4)) falls within Case C.
.
7
In regulation E13 after paragraph (1) insert the following paragraph —
1A
This regulation also applies where a person’s entitlement to payment of a teacher’s pension by virtue of regulation E4(6) of the 1988 Regulations took effect under regulation E4(9) of those regulations before 1st April 1997 and the person ceases to be incapacitated.
.
8
In regulation E19 —
a
in paragraph (1) omit “in respect of so much of it as exceeds the person’s guaranteed minimum”,
b
for paragraph (2) substitute —
2
The lump sum is an amount equal to five times the annual rate of the retirement pension.
.
9
In Schedule 1 —
a
in the definition of “Retirement lump sum” omit “and (except in regulations E2, E6 and E6A) includes any supplementary retirement lump sum payable under regulation E6A”,
b
in the definition of “Retirement pension” omit “and (except in regulations E2, E5 and E6A) includes any supplementary retirement pension payable under regulation E6A”.
10
In Schedule 8 after paragraph 6 insert —
7
A period of employment which a person would be entitled to count as reckonable service under regulation D1(1)(b) together with the agreed terms of the bulk transfer referred to in F4A, in circumstances where —
a
the person was given the opportunity to transfer past service pension rights under regulation F4A, but
b
no transfer value has been accepted in respect of that person.
8
A period of employment which is pensionable employment within the meaning of the National Health Service Pension Scheme Regulations 1995 not falling within paragraph 7 where —
a
Part VI of Schedule 10 applies to the person, but
b
no transfer value has been accepted in respect of that person.
.
11
In Schedule 10 omit paragraph 38.
Andrew Adonis
Parliamentary-Under Secretary of State
Department for Education and Skills
27th July 2006
We consent
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2006