text:
Title, application, commencement and cessation
1
These Regulations —
a
may be cited as the Foot-and Mouth Disease (Export Restrictions) Regulations 2007;
b
apply in England;
c
come into force at 11 p.m. on 24th August 2007; and
d
cease to have effect on 15 September 2007.
Interpretation
2
1
In these Regulations —
“approved” means approved for the purposes of these Regulations in accordance with regulation 3 ;
“the Decision” means Commission Decision 2007/554/ EC concerning certain protection measures against foot-and-mouth disease in the United Kingdom as amended by Commission Decision 2007/588/EC ;
“export” includes consigning for export;
“inspector” means a person appointed as an inspector for the purposes of the Animal Health Act 1981 or the Animals and Animal Products (Import and Export) (England) Regulations 2006 , or a person authorised by the Secretary of State, local authority or Food Standards Agency to be an authorised officer or official veterinary surgeon for the purposes of the Products of Animal Origin (Third Country Imports) (England) Regulations 2006 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
where there is a port health authority, that authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county or district council;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“surveillance zone” means the surveillance zone resulting from the following declarations under articles 5(4), 34(2) and 38(5) of the Foot and Mouth Disease (England) Order 2006 :
the declaration of a protection zone, a surveillance zone and a restricted zone made at 9.30 p.m. on 4th August 2007 (as amended by declarations made at 10 p.m. on 4th August 2007 and at 5.30 p.m. on 16th August 2007);
the declaration of a protection zone and surveillance zone made at 1.50 p.m. on 5th August 2007;
the declaration of a protection zone and surveillance zone made at 11.55 a.m. on 7th August 2007;
the declaration of a protection zone and surveillance zone made at 5.55 p.m. on 9th August 2007; and
the declaration merging the protection zone and surveillance zone made at 11.45 a.m. on 24th August 2007 .
2
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State or a local authority may approve establishments or cutting plants for the purposes of these Regulations if they are satisfied that the occupier will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice at any time, and in particular may be suspended or revoked if the Secretary of State (or in the case of an approval granted by the local authority, that local authority) is reasonably of the opinion that the provisions of these Regulations are not being complied with.
Export and movement of live animals
4
1
No person may export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate from the surveillance zone.
2
By way of derogation from paragraph (1), the Secretary of State may authorise the export of those animals originating outside the surveillance zone if the animals travelled through that zone on main roads and railway lines pursuant to paragraph (4) and the requirements relating to export in paragraph (3) are complied with.
3
No person may export any biungulate animal from outside the surveillance zone to another member State unless at least three days before export the Secretary of State has notified the destination member State; and —
a
in the case of bovine, porcine, ovine and caprine animals, the health certificate accompanying the animals bears the following words —
Animals conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
; or
b
in the case of any other biungulates, the health certificate accompanying the animals bears the following words —
Live biungulates conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
No person may move any biungulate through the surveillance zone except on main roads or railway lines
Export of fresh meat, minced meat, mechanically separated meat and meat preparations and sale of meat not eligible for export
5
1
No person may export any meat from animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the surveillance zone or obtained from animals originating in that zone.
2
In this regulation, the reference to “meat” includes fresh meat, minced meat, mechanically separated meat and meat preparations as defined in points 1.10, 1.13, 1.14 and 1.15 of Annex 1 to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin .
3
The prohibition in paragraph (1) does not apply in relation to meat bearing a health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption , provided that —
a
the meat is clearly identified, and has been transported and stored since the date of production separately from meat from the surveillance zone not eligible for export; and
b
the meat complies with either of the following conditions–
i
it was obtained before 15th July 2007, or
ii
it is derived from animals reared for at least 90 days prior to slaughter outside the surveillance zone and slaughtered outside the surveillance zone or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed, outside the surveillance zone.
4
The prohibition in paragraph (1) does not apply in relation to fresh meat obtained from an approved cutting plant situated in the surveillance zone if —
a
only fresh meat as described in paragraph (3) (b) is processed in the cutting plant in any one day;
b
cleansing and disinfection is carried out after processing any meat not meeting the requirement in sub-paragraph (a);
c
all meat bears the health mark in accordance with Chapter III of Section I to Annex I of Regulation (EC) No 854/2004 ;
d
the cutting plant is operated under strict veterinary control; and
e
the fresh meat is clearly identified, and has been transported and stored separately from meat which is not eligible for export.
5
Meat exported to another member State must be accompanied by an official certificate from an official veterinarian which bears the following words —
Meat conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
6
Meat not eligible for export to another member State must be marked in accordance with the second subparagraph of Article 4(1) of Council Directive 2002/99/EC laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption , or in accordance with Commission Decision 2001/304/EC on the marking and use of certain animal products .
7
Fresh meat obtained from animals reared outside the surveillance zone and transported directly and under official control in sealed means of transport to an approved slaughterhouse situated in the surveillance zone, may be placed on the market in the surveillance zone if —
a
the meat is marked in accordance with the second subparagraph of Article 4(1) of Directive 2002/99/EC or in accordance with Decision 2001/304/EC ;
b
the slaughterhouse is operated under strict veterinary control; and
c
the meat is clearly identified, and has been transported and stored separately from meat which is not eligible for export.
Export of meat products
6
1
No person may export meat products, including treated stomachs, bladders and intestines, of animals of the bovine, ovine, caprine or porcine species and other biungulates coming from the surveillance zone or prepared using meat obtained from such animals originating in that zone.
2
The prohibition in paragraph (1) does not apply to meat products that have been transported and stored since the date of production separately from other meat products from the surveillance zone not eligible for export, provided that the meat products–
a
are clearly identified;
b
bear the health mark in accordance with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 ; and
c
are either —
i
made from meats described in regulation 5(3) (b); or
ii
have undergone at least one of the relevant treatments laid down for foot-and-mouth disease in Part 1 of Annex III to Directive 2002/99/EC .
3
Meat products consigned to another member State must be accompanied by an official certificate which bears the following words —
Meat products (including treated stomachs, bladders and intestines) conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) does not apply to meat products that comply with paragraph (2) and have been processed in an establishment operating HACCP and an auditable standard operating procedure that ensures that standards for treatment are met and recorded, if compliance with paragraph (2)(c)(ii) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13 .
5
Paragraph (3) does not apply to meat products heat treated in accordance with paragraph (2)(c)(ii) stored in hermetically sealed containers so as to ensure that they are shelf stable, if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of milk
7
1
No person may export milk produced or prepared in the surveillance zone.
2
The prohibition in paragraph (1) does not apply to milk produced from animals kept in the surveillance zone that has been subjected to at least a treatment in accordance with —
a
Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease , if the milk is intended for human consumption; or
b
Part B of Annex IX to Directive 2003/85/EC , if the milk is not intended for human consumption or is intended for feeding to animals of species susceptible to foot-and-mouth disease.
3
The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in the surveillance zone under the following conditions —
a
all milk used in the establishment has either —
i
been treated in accordance with paragraph (2); or
ii
has been obtained from animals reared and milked outside the surveillance zone ;
b
the establishment must be operated under strict veterinary control;
c
the milk is clearly identified and transported and stored separately from milk and dairy products from the surveillance zone not eligible for export; and
d
transport of raw milk from holdings situated outside the surveillance zone to the establishment in the surveillance zone is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the surveillance zone keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State must be accompanied by an official certificate which bears the following words —
Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) does not apply to milk which complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13 , and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) does not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Export of dairy products
8
1
No person may export dairy products produced or prepared in the surveillance zone.
2
The prohibition in paragraph (1) does not apply to dairy products —
a
produced before 15th July 2007;
b
prepared from milk complying with the provisions in regulation 7(2) or (3); or
c
for export to a third country where import conditions permit such products to be subject to treatment other than laid down in regulation 7(2) which ensures the inactivation of the foot-and-mouth disease virus.
3
The prohibition in paragraph (1) does not apply to dairy products intended for human consumption —
a
produced from milk of a controlled pH less than 7.0 and subject to a heat treatment at a temperature of at least 72°C for at least 15 seconds, on the understanding that such treatment is not necessary for finished products, the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
b
produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the surveillance zone, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to the date of production of the raw milk, and which are subject to a maturation or ripening process of at least 90 days during with the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
4
The prohibition in paragraph (1) does not apply to —
a
dairy products prepared in an approved establishment situated in the surveillance zone if —
i
all milk used in the establishment either conforms to the conditions of regulation 7(2) or is obtained from animals outside the surveillance zone;
ii
all dairy products used in the final product either conform to the conditions of paragraphs (2)(a) or (b) or (3) of this regulation or are made from milk obtained from animals outside the surveillance zone;
iii
the establishment is operated under strict veterinary control; and
iv
the dairy products are clearly identified and transported and stored separately from milk and dairy products from the surveillance zone that are not eligible for export; or
b
dairy products prepared in parts of the United Kingdom outside the surveillance zone using milk obtained before 15th July 2007 from the surveillance zone provided that the milk products are clearly identified and transported and stored separately from dairy products from the surveillance zone not eligible for export.
5
Dairy products consigned to another member State must be accompanied by an official certificate which bears the following words —
Dairy products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
6
Paragraph (5) does not apply to milk products which comply with the requirements of paragraphs (2)(a) or (b), (3) or (4) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13 , and the dairy products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
7
Paragraph (5) does not apply to dairy products which conform to the requirements of paragraphs (2)(a) or (b), (3) or (4), which have been treated in hermetically sealed containers so as to ensure that they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Export of semen, ova and embryos
9
1
No person may export semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates produced in or brought into the surveillance zone.
2
The prohibition in paragraph (1) does not apply in relation to —
a
semen, ova and embryos produced before 15th July 2007; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/ EEC laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ;
ii
Council Directive 89/556/EEC on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ; and
iii
Council Directive 90/429/EEC laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species ,
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos from the surveillance zone not eligible for export.
3
The health certificate accompanying frozen bovine semen consigned to another member State must bear the following words —
Frozen bovine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
The health certificate accompanying bovine embryos consigned to another member State must bear the following words —
Bovine embryos conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
The health certificate accompanying porcine semen to other member States must bear the following words —
Frozen porcine semen conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
Export of hides and skins
10
1
No person may export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates produced in or brought into the surveillance zone.
2
The prohibition in paragraph (1) does not apply in relation to hides and skins that —
a
were produced before 15th July 2007;
b
conform to the requirements of point (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ; or
c
were produced outside the surveillance zone in accordance with the conditions laid down in Regulation (EC) No 1774/2002 and since introduction into the United Kingdom have been transported separately from hides and skins from the surveillance zone not eligible for export,
provided that treated hides and skins are separated from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate which bears the following words: —
Hides and skins conforming to Commission Decision 2007/554/EC of 9 August 2007 on certain protection measures against foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) does not apply to hides and skins which conform to the requirements of either —
a
points (b) to (e) or paragraph 1 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ; or
b
points (c) or (d) of paragraph 2 of Part A of Chapter VI of Annex VIII to Regulation (EC) No 1774/2002 ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 13 .
Export of animal products
11
1
No person may export animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations —
a
produced after 15th July 2007 coming from the surveillance zone; or
b
obtained from animals originating from the surveillance zone.
2
No person may export dung or manure from animals of the bovine, ovine, caprine and porcine species and other biungulates from the surveillance zone.
3
The prohibition in paragraph (1) does not apply in relation to —
a
animal products that —
i
have been subject to a heat treatment in a hermetically sealed container with a Fo value of 3,00 or more;
ii
have been subject to a heat treatment in which the centre temperature is raised to at least 70 o C; or
iii
were produced outside the surveillance zone in accordance with the conditions laid down in Regulation (EC) No 1774/2002 , and which since introduction into the United Kingdom have been stored and transported separately from animal products from the surveillance zone not eligible for export;
b
blood and blood products —
i
as defined in points 4 and 5 of Annex I to Regulation (EC) No 1774/2002 which have been subjected to at least one of the treatments provided for in paragraph 3(a)(ii) of Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 , followed by an effectiveness check; or
ii
that have been imported in accordance with Part A of Chapter IV of Annex VIII to Regulation (EC) No 1774/2002 ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in point 2(d)(iv) of Part B of Chapter IV of Annex VII to Regulation (EC) No. 1774/2002 ;
d
animal casings that comply with the conditions in Part A of Chapter 2 of Annex 1 to Directive 92/118/EC laying down animal health and public requirements governing trade in and imports into the Community of certain products , which have been cleaned, scraped and then either salted, bleached or dried, and where subsequently effective steps were taken to prevent the recontamination of the casings;
e
sheep wool, ruminant hair and pigs’ bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs’ bristles which are securely enclosed in packaging and dry;
f
petfood conforming to the requirements of points 2 to 4 of Part B of Chapter II of Annex VIII to Regulation (EC) No 1774/2002 ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with points 1, 3 or 4 of Part A of Chapter VII of Annex VIII to Regulation (EC) No 1774/2002 ;
i
packed animal products intended for use as in-vitro diagnostic or laboratory reagents; or
j
medicinal products as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to medicinal products for human use , veterinary medicinal products as defined in Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products and investigational medicinal products as defined in Directive 2001/20/EC of the European Parliament and of the Council of 4 April 2001 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the conduct of clinical trials on medicinal products for human use .
4
The animal products referred to in paragraph (3) for consignment to other member States must be accompanied by an official certificate which bears the following words —
Animal products conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) does not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) that are accompanied by a commercial document endorsed in accordance with regulation 13 of these Regulations.
6
Paragraph (4) does not apply to products specified in sub-paragraph (e) of paragraph (3) that are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in points 1 and 4 of Part A of Chapter VIII of Annex VIII to Regulation (EC) No 1774/2002 .
7
Paragraph (4) does not apply to products specified in sub-paragraphs (f) and (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 13 .
8
Paragraph (4) does not apply to products specified in sub-paragraphs (i) and (j) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents or medicinal products, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only” or as “medicinal products”.
9
Paragraph (4) does not apply to composite products that fulfil the conditions set out in Article 6(1) of Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts if they are accompanied by a commercial document which bears the following words:
These composite products are shelf stable at ambient temperatures or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance so that any raw material is de-natured
.
Exemptions
12
The prohibitions in regulations 6 , 7 , 8 and 11 do not apply in relation to —
a
products not produced in the United Kingdom and which remain in their original packaging indicating the country of origin of the products; and
b
products that are —
i
produced in an approved establishment in the surveillance zone from pre-processed products originating outside that zone which, since introduction into the United Kingdom have been transported, stored and processed separately from products from the surveillance zone not eligible for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
13
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate stating that —
a
the products concerned have been produced —
i
in a production process that has been audited and found to be in compliance with the appropriate requirements in Community animal health legislation and suitable to destroy the foot-and-mouth disease virus; or
ii
from pre-processed materials that have been certified accordingly; and
b
provisions are in place to avoid possible recontamination with the foot-and-mouth disease virus after treatment.
2
The certificate must bear a reference to the Decision, is valid for 30 days, must state the expiry date and is renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated consignment other than fresh meat, minced meat, mechanically separated meat and meat preparations, each of which is eligible for export in accordance with these Regulations, may be exported from an approved establishment accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate that —
a
confirms that the establishment of export has in place a system to ensure that goods can only be exported if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Offers to export
14
No person may offer to export, or accept orders for the export of, anything prohibited from being exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
15
1
An inspector may, on producing, if required to do so, some duly authenticated document showing his authority, at all reasonable hours enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector may carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations and intended for export for as long as is reasonably necessary to determine whether the consignment complies with the conditions for export;
b
search any premises;
c
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations, including any import or export manifest; and
e
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of officers of Revenue and Customs
16
An officer of Revenue and Customs may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of products
17
1
This regulation has effect when an inspector, on reasonable grounds, suspects that anything other than live animals is intended to be exported in contravention of these Regulations.
2
The inspector may seize it and remove it in order to have it dealt with by a justice of the peace.
3
If he seizes it he must inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the export shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
4
If it appears to a justice of the peace that there was an intention to export the consignment in contravention of these Regulations he must, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to export it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
5
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to export a consignment in breach of these Regulations, the owner, the consignor and the consignee are jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
Obstruction
18
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Furnishing false information
19
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
20
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar 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, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
For the purposes of this regulation, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
21
A person contravening any provision of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Authorisations, certificates, etc. issued in another part of the British Islands
22
1
Where these Regulations require any authorisation, certificate or approval to be issued or granted by the Secretary of State in England, an equivalent document issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be done in approved establishments or cutting plants in England, anything done in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Sharing information
23
The Secretary of State, the Commissioners for Her Majesty’s Revenue and Customs and any local authority may exchange information for the purposes of these Regulations, and may divulge information to the enforcement authorities in another part of the British Islands.
Enforcement
24
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
25
The Import and Export Restrictions (Foot-And-Mouth Disease) (No.2) Regulations 2007 are revoked.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
24th August 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Immigration and Asylum (Provision of Services or Facilities) Regulations 2007 and shall come into force on 31 st January 2008.
Interpretation
2
In these Regulations —
“the 1999 Act ” means the Immigration and Asylum Act 1999;
“ante-natal eligible period” means the period from eight weeks before the expected date of birth to the date of birth;
“child” means an individual who is less than 18 years old;
“destitute” is to be construed in accordance with section 95(3) of the 1999 Act ;
“full birth certificate” means a birth certificate issued in the United Kingdom, which specifies the names of the child’s parents;
“immigration officer” means a person appointed as an immigration officer under paragraph 1(1) of Schedule 2 to the Immigration Act 1971 ;
“maternity payment” means a payment of £250 made by the Secretary of State to a person supported under section 95 or section 98 of the 1999 Act to help with the costs arising from the birth of a child;
“mother” means a woman who is a supported person and who has provided evidence to satisfy the Secretary of State that she has given birth to a child;
“post-natal eligible period” means the period from the date of the birth to six weeks after the birth;
“pregnant woman” means a woman who is a supported person who has provided evidence to satisfy the Secretary of State that she is pregnant;
“provider” means a person providing facilities for the accommodation of persons by arrangement with the Secretary of State under section 4 of the 1999 Act ;
“qualified person” has the same meaning as in section 84(2) of the 1999 Act ;
“qualifying journey” means where —
a single journey of a distance of not less than three miles; or
where there is a specified need, a single journey of a distance of less than three miles;
“specified need” means where —
the supported person is unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason; or
the supported person has one or more child dependants —
aged under five; or
who are unable or virtually unable to walk a distance of up to three miles by reason of a physical impediment or for some other reason;
“supported person” means a person who is being provided with accommodation under section 4 of the 1999 Act and who is destitute; and
“voluntary sector partner” means an organisation funded by the Secretary of State to deliver aspects of asylum support services.
Travel
3
1
The Secretary of State may supply, or arrange for the supply of, facilities for travel for a qualifying journey to a supported person to —
a
receive healthcare treatment, provided that the supported person has provided evidence that the qualifying journey is necessary; or
b
register a birth.
2
Subject to paragraph (3), if the Secretary of State supplies, or arranges for the supply of, facilities for travel for a qualifying journey to a supported person under paragraph (1) then, if necessary, the Secretary of State may also supply, or arrange for the supply of, facilities for travel for that qualifying journey to —
a
one or more dependants of that supported person; and
b
in the case of a supported person who is a child —
i
a parent or guardian of that supported person or a person who for the time being takes parental responsibility for that supported person; and
ii
if the parent, guardian or person who for the time being takes parental responsibility for that supported person himself has dependants then one or more of his dependants.
3
The Secretary of State may only supply, or arrange for the supply of, facilities for travel under paragraph (2) to persons who are supported persons.
Birth certificates
4
The Secretary of State may arrange for the provision to a supported person of his child’s full birth certificate.
Telephone calls and letters
5
1
The Secretary of State may supply, or arrange for the supply of, facilities to make telephone calls —
a
regarding medical treatment or care,
b
to a qualified person,
c
to a court or tribunal,
d
to a voluntary sector partner,
e
to a citizens advice bureau,
f
to a local authority,
g
to an immigration officer, or
h
to the Secretary of State,
to a supported person aged 18 or over.
2
The Secretary of State may supply, or arrange for the supply of, stationery and postage for correspondence —
a
regarding medical treatment or care,
b
to a qualified person,
c
to a court or tribunal,
d
to a voluntary sector partner,
e
to a citizens advice bureau,
f
to a local authority,
g
to an immigration officer, or
h
to the Secretary of State,
to a supported person aged 18 or over.
One-off supply of vouchers for pregnant women and new mothers
6
1
During the ante-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of £250 in respect of each expected child to a pregnant woman.
2
In a case where such support has not been provided under paragraph (1), during the post-natal eligible period, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods to the value of £250 in respect of each new born child to a mother.
3
Paragraphs (1) and (2) shall not apply if a maternity payment has been made in respect of the child in question.
Additional weekly vouchers for pregnant women and children under three
7
1
For the duration of the pregnancy, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £3 per week to a pregnant woman.
2
Until the first birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £5 per week to him.
3
From the day after the first birthday of a child who is a supported person, until the third birthday, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for goods or services to the value of £3 per week to him.
Additional weekly vouchers for clothing for children
8
Until the sixteenth birthday of a child who is a supported person, on application, the Secretary of State may supply, or arrange for the supply of, vouchers redeemable for clothing to the value of £5 per week to him.
Exceptional specific needs
9
1
If the Secretary of State is satisfied that a supported person has an exceptional need for:
a
facilities for travel,
b
facilities to make telephone calls,
c
stationery and postage, or
d
essential living needs,
she may provide for that need, notwithstanding that the conditions for the supply of those services or facilities referred to respectively in regulations 3, 5, and 6 are not satisfied.
2
In determining what are or are not to be treated as essential living needs, the Secretary of State shall have regard to regulations made under section 95(7) of the 1999 Act.
Liam Byrne
Minister of State
Home Office
20th December 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Service Departments Registers (Amendment) Order 2007 and shall come into force on 1st April 2007.
2
In this Order “the 1959 Order ” means the Service Departments Registers Order 1959 .
Amendment of the 1959 Order
2
Article 3(4)(b) of the 1959 Order shall be amended as follows: —
1
For the words “if the child is legitimate, either parent” in sub-paragraph (i) there shall be substituted “subject to article 3A of this Order, either parent of the child”; and
2
Sub-paragraph (ii) shall be omitted.
3
After article 3 of the 1959 Order there shall be inserted the following: —
Registration of father where parents not married
3A
1
Notwithstanding anything in the foregoing provisions of this Order and subject to article 3B of this Order, in the case of a child whose father and mother were not married to each other at the time of his birth, no person shall as father of the child be required to give information concerning the birth of the child, and a registering officer shall not enter in a register provided under this Order the name of any person as father of the child except —
a
at the joint request of the mother and the person stating himself to be the father of the child (in which case that person shall sign the register together with the mother); or
b
at the request of the mother on production of —
i
a declaration in the prescribed form made by the mother stating that that person is the father of the child; and
ii
a statutory declaration made by that person stating himself to be the father of the child; or
c
at the request of that person on production of —
i
a declaration in the prescribed form by that person stating himself to be the father of the child; and
ii
a statutory declaration made by the mother stating that that person is the father of the child; or
d
at the request of the mother or that person on production of —
i
a copy of any agreement made between them as defined in section 4(1)(b) of the Children Act 1989 in relation to the child; and
ii
a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of that Act and has not been brought to an end by an order of a court; or
e
at the request of the mother or that person on production of —
i
a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and
ii
a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or
f
at the request of the mother or that person on production of —
i
a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and
ii
a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or
g
at the request of the mother or that person on production of —
i
a certified copy of any of the orders which are mentioned in paragraph (2) of this article which has been made in relation to the child; and
ii
a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court.
2
The orders are —
a
an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child;
b
an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent;
c
an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child;
d
an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child.
3
Where, in the case of a child whose father and mother were not married to each other at the time of his birth, a person stating himself to be the father of the child makes a request to a registering officer in accordance with sub-paragraph (c) to (g) of paragraph (1) of this article —
a
he shall be treated as a qualified informant concerning the birth of the child for the purposes of this Order; and
b
the giving of information concerning the birth of the child by that person and the signing of a register provided under this Order by him in the presence of a registering officer shall act as a discharge of any duty of any other qualified informant under article 3(4) of this Order.
4
In this article references to a child whose father and mother were not married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987.
Registration of father by virtue of certain provisions of the Human Fertilisation and Embryology Act 1990
3B
1
Notwithstanding anything in the foregoing provisions of this Order, a registering officer shall not enter in a register provided under this Order as the father of a child the name of a man who is to be treated for that purpose as the father of the child by virtue of section 28(5A), (5B), (5C) or (5D) of the Human Fertilisation and Embryology Act 1990 (circumstances in which man to be treated as father of child for purposes of registration of birth where fertility treatment undertaken after his death) unless the condition in paragraph (2) of this article is satisfied.
2
The condition in this paragraph is satisfied if —
a
the mother requests the registering officer to make such entry in the register and produces the relevant documents; or
b
in the case of the death or inability of the mother, the relevant documents are produced by some other person who is a qualified informant in relation to a birth to which this Order applies.
3
In this article “the relevant documents” means —
a
the consent in writing and election mentioned in section 28(5A), (5B), (5C) or (as the case may be) (5D) of the Human Fertilisation and Embryology Act 1990;
b
a certificate of a registered medical practitioner as to the medical facts concerned; and
c
such other documentary evidence (if any) as the registering officer considers appropriate.
.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Transport for London (Consequential Provisions) Order 2007 and shall come into force on 30 th November 2007.
Amendment of the London Local Authorities Act 1995
2
In the definition of “special event” in section 9(8) of the London Local Authorities Act 1995 for “the participating council concerned” substitute “the relevant authority concerned”.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State
Department for Transport
9th October 2007


text:
Title, application and commencement
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) (Amendment) Regulations 2007, apply in England and come into force on 17th November 2007.
Amendment of the Animals and Animal Products (Import and Export) (England) Regulations 2006
2
1
The Animals and Animal Products (Import and Export) (England) Regulations 2006 are amended as follows.
2
In regulation 1(2), after the definition of “assembly centre”, insert —
“bluetongue susceptible animal” means any ruminating animal;
.
3
In regulation 2, after paragraph (2) insert —
3
In this regulation “pet” means any animal of a species listed in Annex I to Regulation (EC) No. 998/2003 .
.
4
For the heading of Part 3 substitute —
Third Country Imports
.
5
After regulation 27 insert —
PART 4A Third Country Exports
Application of Part 4A
27A
This Part shall apply in respect of any animal, semen, ovum or embryo exported other than to a member State.
Exports to third countries
27B
1
A person must not export any animal, semen, ovum or embryo to a third country unless it complies with the relevant provisions of the instrument listed in Schedule 8A.
2
If an inspector has reasonable cause to suspect that a person intends to export any animal, semen, ovum or embryo in contravention of this regulation he may by notice served on that person, his representative or the person appearing to him to be in charge of the animal, semen, ovum or embryo, prohibit that export and require the person on whom the notice is served to take the animal, semen, ovum or embryo to such places as may be specified in the notice and to take such further action in relation to it as may be specified in the notice.
3
If a notice served under paragraph (2) is not complied with, an inspector may seize any animal, semen, ovum or embryo to which it relates and arrange for the requirements of the notice to be complied with.
.
6
At the end of Part I of Schedule 3, insert —
Bluetongue susceptible animals
16
Instrument : Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/ EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue ( OJ No. L283, 27.10.2007, p. 37).
Relevant provisions in that instrument : Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.
.
7
For the heading of Schedule 7 substitute —
Community legislation in relation to imports from third countries
.
8
After Schedule 8 insert —
SCHEDULE 8A
Community legislation in relation to exports to third countries
Bluetongue susceptible animals
1
Instrument : Commission Regulation (EC) No. 1266/2007 on implementing rules for Council Directive 2000/75/EC as regards the control, monitoring, surveillance and restrictions on movements of certain animals of susceptible species in relation to bluetongue (OJ No. L283, 27.10.2007, p. 37).
Relevant provisions in that instrument : Articles 7(1), 7(2), 7(4), 8(1), 8(3), 8(4)(a) and (b), 8(6) and 9, and Annex III.
.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
14th November 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Special Educational Needs) (England) (Consolidation) (Amendment) Regulations 2007 and come into force on 1st September 2007.
2
These Regulations apply in relation to England only.
Amendment of Regulations
2
For regulation 5A of the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 , substitute the following —
Religious Education
5A
Arrangements shall be made to ensure that, so far as practicable, every pupil attending a maintained special school —
a
receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent; and
b
attends religious worship unless withdrawn from attendance at such worship —
i
in the case of a sixth-form pupil, in accordance with his own wishes; and
ii
in any other case, in accordance with the wishes of his parent.
Jim Knight
Minister of State
Department for Education and Skills
25th June 2007


text:
1
These Regulations may be cited as the Enduring Powers of Attorney (Welsh Language Prescribed Form) (Amendment) Regulations 2007 and shall come into force on 30 th March 2007.
2
In regulation 3 of the Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2005 , for “1 st April 2007” substitute “1 st October 2007”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 23 February 2007


text:
1
This Order may be cited as the Consular Fees (Amendment) (No. 2) Order 2007 and shall come into force on 16th August 2007.
2
In Schedule 1 to the Consular Fees Order 2007 , Part II, fee 18(1) (c) shall be replaced with the following —
(c) entry clearance (i) as a visitor, in each case for single, double and multiple entries valid for up to six months from the date of issue 63 (ii) for settlement 500 (iii) for marriage 500 (iv) as a student 99 (v) outside the Immigration Rules on an application by entertainers in accordance with Chapter 17 Section 3 of the Home Office Immigration Directorate’s Instructions 99 (vi) outside the Immigration Rules on an application by sportsmen and women in accordance with Chapter 17 Section 8 of the Home Office Immigration Directorate’s Instructions 99 (vii) outside the Immigration Rules on an application by voluntary workers in accordance with Chapter 17 Section 9 of the Home Office Immigration Directorate’s Instructions 99 (viii) for any purpose other than those listed in paragraphs (a) and (b) and sub-paragraphs (i), (ii) (iii), (iv), (v), (vi) and (vii) listed above 200
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) (No.7) Order 2007 and shall come into force on 7th January 2008.
Establishment of safety zones
2
A safety zone is established around each installation specified in column 1 of the Schedule (being an installation stationed in waters to which subsection (7) of section 21 of the Petroleum Act 1987 applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th December 2007


text:
Citation and Commencement
1
This Order may be cited as the Time Off for Public Duties (Parent Councils) Order 2007 and shall come into force on 1st August 2007.
Amendment of section 50 of the Employment Rights Act 1996
2
In section 50 of the Employment Rights Act 1996 (right to time off for public duties), in subsection (9) , for paragraph (d) (Scottish school boards) substitute —
d
a parent council within the meaning of section 5(2) of the Scottish Schools (Parental Involvement) Act 2006 ,
.
Jim Fitzpatrick
Parliamentary Under Secretary of State for Employment Relations
Department of Trade and Industry
22nd June 2007


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2007 and shall come into force on 9th April 2007.
2
In these Regulations, “the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply in relation to England only.
Amendment of regulation 2 of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003
2
In regulation 2 (sum needed for personal requirements) of the National Assistance (Sums for Personal Requirements) (England) Regulations 2003 , for “£19.60” substitute “£20.45”.
Amendment of regulation 20 of the Assessment Regulations
3
In regulation 20 (capital limit) of the Assessment Regulations, for “£21,000 prescribed for the purposes of section 134(1) of the Contributions and Benefits Act (exclusions from benefit)”, substitute “£21,500”.
Amendment of regulation 28 of the Assessment Regulations
4
In regulation 28(1) (calculation of tariff income from capital) of the Assessment Regulations —
a
for “£12,750”, in both places where it occurs, substitute “£13,000”; and
b
for “£21,000” substitute “£21,500”.
Amendment of Schedule 3 to the Assessment Regulations
5
In paragraph 28H of Schedule 3 to the Assessment Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in sub-paragraphs (1) and (2), for “£5.05”, in each place where it occurs, substitute “£5.25”; and
b
in sub-paragraphs (3) and (4), for “£7.50”, in each place where it occurs, substitute “£7.85”.
Signed by authority of the Secretary of State for Health
Mr Ivan Lewis
Parliamentary Under Secretary of State
Department of Health
7th March 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Courts-Martial Appeal (Review of Sentencing) Regulations 2007 and shall come into force on 31st March 2007.
2
In these Regulations —
“the 1955 Acts ” means the Army Act 1955 and the Air Force Act 1955;
“the 1957 Act ” means the Naval Discipline Act 1957;
“the registrar” means the registrar of the Courts-Martial Appeal Court;
“An application for leave to refer a case to the Courts-Martial Appeal Court” or “a reference to the Courts-Martial Appeal Court” means a reference under section 113C(1) of either of the 1955 Acts or section 71AC(1) of the 1957 Act, and references to “referral”, “a reference”, or a “case which has been referred for review” are to be construed accordingly;
“An application to the Courts-Martial Appeal Court for leave to refer a case to the House of Lords” or a “reference to the House of Lords” means a reference under sections 113C(4) and (5) of either of the 1955 Acts or sections 71AC(4) and (5) of the 1957 Act; and
“sentence passed by the Courts-Martial Appeal Court or House of Lords” means a sentence passed by the Courts-Martial Appeal Court or House of Lords under section 113C(2) of either of the 1955 Acts or section 71AC(2) of the 1957 Act.
Applications to the Courts-Martial Appeal Court
2
Notice of an application for leave to refer a case to the Courts-Martial Appeal Court must be given within 28 days from the day on which the sentence in the case was passed.
Duties and powers of the registrar in preparation for hearings
3
If the registrar is given notice of an application to the Courts-Martial Appeal Court, he must —
a
take all necessary steps for obtaining a hearing of the application or reference; and
b
obtain and lay before the Courts-Martial Appeal Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the application or reference.
Application to the House of Lords
4
An application to the Courts-Martial Appeal Court for leave to refer a case to the House of Lords must be made within the period of 14 days beginning with the date on which the Courts-Martial Appeal Court concluded the review of the case; and an application to the House of Lords for leave must be made within the period of 14 days beginning with the date on which the Courts-Martial Appeal Court concluded the review or refused leave to refer the case to the House of Lords.
Time spent in custody pending review
5
The time during which a person whose case has been referred for review is in custody pending its review and pending any reference to the House of Lords shall be reckoned as part of the term of any sentence to which he is for the time being subject.
Presence of offender at hearings
6
1
Except as provided by paragraphs (2) and (3), a person whose sentencing is the subject of a reference to the Courts-Martial Appeal Court shall be entitled to be present, if he wishes it, on the hearing of the reference, although he may be in custody.
2
A person in custody shall not be entitled to be present —
a
on an application by the Attorney General for leave to refer a case; or
b
on any proceedings preliminary or incidental to a reference,
unless the Courts-Martial Appeal Court gives him leave to be present.
3
The power of the Courts-Martial Appeal Court to pass sentence on a person may be exercised although he is not present.
4
A person whose sentencing is the subject of a reference to the House of Lords and who is detained pending the hearing of that reference shall not be entitled to be present on the hearing of the reference or of any preliminary or incidental proceedings except where an order of the House authorises him to be present, or where the House or the Courts-Martial Appeal Court, as the case may be, gives him leave to be present.
Effect of sentence passed by the Courts-Martial Appeal Court or House of Lords
7
The term of any sentence passed by the Courts-Martial Appeal Court or House of Lords shall, unless they otherwise direct, begin to run from the time when it would have begun to run if passed in the proceedings in relation to which the reference was made.
Costs
8
Where on a reference to the Courts-Martial Appeal Court, or a reference to the House of Lords, the person whose sentencing is the subject of the reference appears by counsel for the purpose of presenting any argument to the Courts-Martial Appeal Court or to the House of Lords, he shall be entitled to his costs, that is to say to the payment out of public funds of such funds as are reasonably sufficient to compensate him for expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this paragraph shall be ascertained, as soon as practicable, by the registrar or, as the case may be, such officer as may be prescribed by order of the House of Lords.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
Date 28th February 2007


text:
1
This Order may be cited as the Value Added Tax (Administration, Collection and Enforcement) Order 2007 and comes into force on 1st June 2007.
2
In Schedule 11 to the Value Added Tax Act 1994 (administration, collection and enforcement), in paragraph 2 (accounting for VAT and payment of VAT), for sub-paragraph (3B) substitute —
3B
Regulations under this paragraph may make provision for requiring —
a
a person who first makes a supply of goods to which section 55A(6) applies (a “reverse charge supply”),
b
a person who ceases making reverse charge supplies without intending subsequently to make such supplies, or
c
a person who has fallen within paragraph (b) above but who nonetheless starts to make reverse charge supplies again,
to give to the Commissioners such notification of that fact at such time and in such form and manner as may be specified in the regulations or determined by the Commissioners in accordance with powers conferred by the regulations.
.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2007 and shall come into force on 9th April 2007.
2
In these Regulations —
“the Great Britain Up-rating Order” means the Guardian’s Allowance Up-rating Order 2007 ;
“the Northern Ireland Up-rating Order” means the Guardian’s Allowance Up-rating (Northern Ireland) Order 2007 ; and
“the Up-rating Orders” means the Great Britain Up-rating Order and the Northern Ireland Up-rating Order.
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits Act 1992 (guardian’s allowance)) nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (guardian’s allowance)) shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) (Northern Ireland) Regulations 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Paul Gray
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
28th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) (Amendment) Regulations 2007 and come into force on 30th December 2007.
2
These Regulations apply only in relation to schools in England.
Amendment of the Education (Information About Individual Pupils) (England) Regulations 2006
2
In Part 1 of Schedule 1 to the Education (Information About Individual Pupils) (England) Regulations 2006 , after paragraph 18 insert —
19
1
Information that the pupil normally resides with a person specified in sub-paragraph (2) who is —
a
a person subject to military law by virtue of section 205(1)(a) or (f), 206 or 208 of the Army Act 1955 ;
b
a person subject to air-force law by virtue of section 205(1)(a) or (g), 206 or 208 of the Air Force Act 1955 ; or
c
a person subject to the Naval Discipline Act 1957 by virtue of section 111(1), 112, 113 or 114 of that Act,
and who has been assigned Personal Status Category 1 or 2 (within the meaning of the “Personal Status Category Definitions” document published by the Ministry of Defence on 18th October 2007) by the Secretary of State for Defence.
2
The person referred to in sub-paragraph (1) is —
a
a parent of the pupil;
b
a person who is not the pupil’s parent and who is married to, or a civil partner of, a parent of the pupil; or
c
a person not falling within paragraphs (a) or (b) who has parental responsibility for the pupil within the meaning of section 3 of the Children Act 1989 .
3
Section 576 of the 1996 Act (meaning of “parent”) shall not apply to this paragraph.
.
Jim Knight
Minister of State
Department for Children, Schools and Families
27th November 2007


text:
Citation, commencement and extent
1
1
This Order may be cited as the Iran (United Nations Measures) (Overseas Territories) (Amendment) Order 2007 and shall come into force on 27th July 2007.
2
In this Order, “the principal Order ” means the Iran (United Nations Measures) (Overseas Territories) Order 2007
3
This Order shall extend to the territories listed in Schedule 1 to the principal Order except Bermuda.
Amendment of the Principal Order
2
The principal Order is amended as follows:
1
In Article 1:
a
By amending paragraph (1) by adding the words “and European Union” after the words “United Nations”;
b
By deleting paragraph (4) and replacing it with the following paragraph (4):
4
Article 23 shall apply to the Falkland Islands and South Georgia and the South Sandwich Islands subject to the modification set out in Schedule 3.
2
In Article 2(1):
a
By inserting the following definition between the definitions of “commander” and “designated person”:
“Council Common Position” means Council Common Position 2007/140/CFSP adopted by the Council of the European Union on 27th February 2007 as amended by Council Common Position 2007/246/CFSP adopted on 23rd April 2007;
b
By deleting the definition of “designated person” and replacing it with the following definition:
“designated person” means any person or entity designated in the Annex to the Security Council Resolution, or for the time being designated by the Security Council or the Committee pursuant to paragraph 12 of the Security Council Resolution, or listed in Annex 1 to Security Council Resolution 1747 (2007) adopted on 24th March 2007 or any person or entity listed in Annex II of the Council Common Position as amended from time to time;
c
By inserting the following definition between the definitions of “economic resources” and “export”:
“ EC Regulation ” means Council Regulation (EC) No 423/2007 adopted by the Council of the European Union on 19th April 2007 , as amended from time to time;
d
By deleting the words “derivative products” at the end of paragraph (c) of the definition of “funds”, and replacing them with the words “derivatives contracts”.
e
By inserting the following definition between the definitions of “master” and “officer”:
“military goods” means the goods, software and technology specified in Part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 made under the Export Control Act 2002 , as extended to the territories listed in Schedule 1 thereto by the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004 ;
f
By deleting the definition of “restricted goods” and replacing it with the following definition:
“restricted goods” means all items, materials, equipment, goods and technology which could contribute to Iran’s enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems, specified in Security Council Documents S/2006/814 or S/2006/815, or as determined by the Security Council or the Committee pursuant to subparagraph 3(d) of the Security Council Resolution, or listed in Annex I or Annex II of the EC Regulation, and shall include such further items, materials, equipment, goods or technology as may be determined by the Government of the United Kingdom, in accordance with paragraph 4 of the Security Council Resolution and specified in instructions from a Secretary of State to the Governor, to be “restricted goods” for the purposes of this Order;
g
By inserting the following definitions between the definitions of “the Security Council Resolution” and “stores”:
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an “aircraft”;
h
By replacing the full stop at the end of the definition of “Supreme Court” with a semi-colon and adding after the definition of “Supreme Court” the following definition:
“vehicle” means a land transport vehicle.
3
In article 3, by amending the title of the article to read “Publicly available list of designated persons, restricted goods and military goods”, by moving the word “and” from the end of paragraph (b) to the end of paragraph (c), replacing the full stop with a semi-colon, and adding a new paragraph (d) as follows:
d
cause a list of military goods to be published in the gazette of the Territory as necessary from time to time.
4
By deleting article 8 and replacing it with the following article 8:
Procurement of restricted goods and military goods from Iran
8
1
Except under the authority of a licence granted by the Governor under this article, the procurement of restricted goods or military goods from Iran is prohibited.
2
Any restricted goods or military goods which are procured or attempted to be procured shall be liable to forfeiture.
3
Any person knowingly concerned in the procurement or attempted procurement of restricted goods or military goods shall be guilty of an offence under this Order.
5
In article 9, by deleting the words “directly or indirectly” where they occur in paragraphs (1) and (3).
6
In article 11:
a
By adding after paragraph (1) the following paragraph (1A):
1A
Article 10 does not prevent a relevant institution from crediting a frozen account when it receives funds transferred to a frozen account by a third party.
b
By deleting paragraph (3) and replacing it with the following paragraph (3):
3
In this article “frozen account” means an account with a relevant institution which is held or controlled by a designated person.
7
In article 23, by deleting in paragraph (3) the words “paragraph 2(3) of Schedule 4” and replacing them with the words “paragraph 2(3A) of Schedule 4”, and in paragraph (3)(a) by deleting the words “of any amount”.
8
In article 24, by deleting subparagraph (4)(a) and replacing it with the following subparagraph:
a
the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or
.
9
By deleting Schedule 2 and replacing it with the following Schedule:
SCHEDULE 2
APPLICATION OF ARTICLES 23 AND 24 TO THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA IN THE ISLAND OF CYPRUS
Article 1(3)
1
Any person guilty of an offence under article 4(1), 5(3), 6, 7(3), 8(3), 9(2), 10(2), 12, or 15 is liable on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under article 14(6) or (7), 16(4), 20(3)(b)(ii), 21(1) or (2), or paragraph 2(3A) or 4(b) or (d) of Schedule 4, is liable on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
3
Any person guilty of an offence under article 20(3)(a), 20(3)(b)(i), 20(3)(c) or paragraph 4(a) or (c) of Schedule 4 is liable on conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding £5000 or its equivalent, or to both.
4
Any person guilty of an offence under article 16(3) is liable on conviction to a fine not exceeding £5000 or its equivalent.
5
Where a body corporate is guilty of an offence under this Order, and that offence is provided to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of an officer of the body corporate, he, as well as the body corporate, is guilty of that offence and is liable to be proceeded against and punished accordingly.
6
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the Attorney General and Legal Adviser.
8
Irrespective of whether consent under paragraph 7 has been obtained, paragraph 7 does not prevent —
a. the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence;
b. remand in custody or on bail of any person charged with such an offence.
10
In Schedule 4, by deleting paragraph 2(3) and replacing it with the following paragraphs (3) and (3A):
3
A relevant institution must inform the Governor without delay if it credits a frozen account in accordance with article 11(1A).
3A
A relevant institution which fails to comply with a requirement in subparagraph (1), (2) or (3) is guilty of an offence.
Judith Simpson
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Finance Act 2005, Section 92 and Schedule 6, (Appointed Day) Order 2007.
Appointed Day
2
The day appointed for the purposes of section 92 of, and Schedule 6 to, the Finance Act 2005 (capital allowances: renovation of business premises in disadvantaged areas) is 11th April 2007.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2007


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment No. 2) Order 2007.
2
Articles 1 and 2(1), (2) and (4) come into force on 20th July 2007 and article 2(3) comes into force on 1st November 2007.
Amendment of the Financial Services and Markets Act 2000 (Exemption) Order 2001
2
1
The Financial Services and Markets Act 2000 (Exemption) Order 2001 is amended as follows.
2
In Part 3 of the Schedule (persons exempt in respect of any regulated activity mentioned in article 5(1)), after paragraph 33 insert —
33A
Invest Northern Ireland.
.
3
In Part 4 of the Schedule (persons exempt in respect of particular regulated activities), in paragraph 40(3)(b) —
i
for “this paragraph” substitute “sub-paragraph (1)”;
ii
after “Regulated Activities Order” insert “in breach of the general prohibition”.
4
In Part 4 of the Schedule, after paragraph 49 insert —
Freight forwarders and storage firms
50
1
A freight forwarder or storage firm is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 21, 25, 39A or 53 of the Regulated Activities Order (dealing in investments as agent, arranging deals in investments, assisting in the administration and performance of a contract of insurance or advising on investments) in the circumstances referred to in paragraph 2.
2
The circumstances are —
a
where a freight forwarder (“F”) —
i
holds a policy of insurance which insures F in respect of loss of or damage to goods which F transports or of which F arranges the transportation, and
ii
makes available to a customer rights under that policy to enable the customer to claim directly against the insurer in respect of loss or damage to those goods; or
b
where a storage firm (“S”) —
i
holds a policy of insurance which insures S in respect of loss of or damage to goods which S stores or for which S arranges storage, and
ii
makes available to a customer rights under that policy to enable the customer to claim directly against the insurer in respect of loss or damage to those goods.
3
In this paragraph —
a
“freight forwarder” means a person whose principal business is arranging or carrying out the transportation of goods;
b
“storage firm” means a person whose principal business is storing goods or arranging storage for goods;
c
“customer” means a person who is not an individual who uses the service of a freight forwarder or storage firm.
Policyholder Advocates
51
1
A person acting as a policyholder advocate is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 25 or 53 of the Regulated Activities Order (arranging deals in investments or advising on investments) in so far as he carries on these activities in connection with, or for the purposes of, his role as policyholder advocate.
2
In sub-paragraph (1), “policyholder advocate” means a person who is —
a
appointed by an insurer (“I”) to represent the interests of policyholders in negotiations with I about I’s proposals to redefine the rights and interests in any surplus assets arising in I’s with-profits fund; and
b
approved or nominated by the Authority to carry out that role.
3
In sub-paragraph (2), “with-profits fund” means a long-term insurance fund in which policyholders are eligible to participate in surplus assets of the fund.
.
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
25th June 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment) Regulations 2007 and, subject to paragraph (3), shall come into force on 1st May 2007.
2
In these Regulations, the “2007 Regulations” means the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2007 .
3
An application made before 22nd May 2007 in the form set out in Schedule 6 to the 2007 Regulations shall be deemed to have been made in the form set out in the Schedule to these Regulations.
Amendment
2
1
The 2007 Regulations are amended as follows.
2
In regulation 8, for “Science and Engineering Graduates Scheme” substitute “International Graduates Scheme”.
3
For the form set out in Schedule 6, substitute the form set out in the Schedule to these Regulations.
Liam Byrne
Minister of State
Home Office
28th March 2007


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2007 and come into force on 1st May 2007.
2
These Regulations apply in relation to England only.
Amendments
2
The Education (Non-Maintained Special Schools) (England) Regulations 1999 (“the principal Regulations”) are amended in accordance with regulations 3 and 4 .
Interpretation of the principal Regulations
3
1
In regulation 2(1) —
a
after the definition of “the 1996 Act” insert —
“Chair”, except in paragraph 21 of the Schedule, means, where the relevant person is a body of persons, the chair or similar officer of that body and, where the relevant person is not a body of persons, the relevant person himself;
“children’s suitability statement” has the meaning given by section 113C of the Police Act 1997 ;
“employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973 and includes a local authority and a person carrying on an employment business;
“enhanced criminal record certificate” has the meaning given by section 113B of the Police Act 1997 ;
“Her Majesty’s Chief Inspector of Education, Children’s Services and Skills” means the person holding the office of that title under section 113 of the Education and inspections Act 2006 ;
.
b
after the definition of “maintained special school” insert —
“National Minimum Standards for Boarding Schools” and the “National Minimum Standards for Residential Special Schools” means the standards published respectively under those titles in March 2002 by the Secretary of State for Health under section 23(1) of the Care Standards Act 2000 ;
.
c
after the definition of “special school” insert —
“work” includes work of any kind, whether under a contract of service or apprenticeship, under a contract for services or otherwise than under a contract or as a volunteer.
.
2
After regulation 2(1) insert —
1A
For the purposes of these Regulations an “enhanced criminal record check” is made if —
a
an application for an enhanced criminal record certificate is made under Part V of the Police Act 1997 accompanied by a children’s suitability statement; and
b
the application is countersigned by a registered person (within the meaning of section 120 of the Police Act 1997 ) or an application is countersigned on his behalf, and (in either case) the application is submitted to the Secretary of State in accordance with Part V of that Act.
1B
For the purposes of these Regulations a person is appointed to a position if he is —
a
engaged to work in a position at the school;
b
appointed to the governing body; or
c
appointed to the relevant person, where the relevant person is or is to be a body of persons;
and he is not a person supplied by an employment business.
1C
A person is to be treated as meeting any staff qualification requirements if he —
a
fulfils any requirements with respect to qualifications or registration which apply to him by regulations made under sections 132 to 135 of the Education Act 2002 and regulations made under section 19 of the Teaching and Higher Education Act 1998 ;
b
meets any conditions with respect to health and physical capacity which apply to him by regulations made under section 141 of the Education Act 2002 ; and
c
is not subject to any direction made under section 142 of the Education Act 2002 , or any disqualification, prohibition or restriction which takes effect as if contained in such a direction, that he may not carry out work to which that section applies.
.
Requirements in relation to staff
4
1
After paragraph 3 of Part I of the Schedule insert —
Suitability of staff
3A
1
This paragraph applies to the appointment of a person to a position at the school which is not the position of Chair.
2
No person is to be appointed to a position at the school to which this paragraph applies unless the requirements of sub-paragraphs (3) to (7) below are met.
3
The identity of any such person is checked, he meets all relevant staff qualification requirements and a check is made of his right to work in the United Kingdom.
4
An enhanced criminal record check is made in respect of any such person and the enhanced criminal record certificate which is the subject of the application is obtained before or as soon as practicable after his appointment.
5
In the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish his suitability to work in a school, such further checks as the relevant person considers appropriate, having regard to any guidance issued by the Secretary of State, are made.
6
In the case of a person who cares for, trains, supervises or is in charge of children for whom accommodation is provided, Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools is met.
7
The checks referred to in sub-paragraphs (3) and (6) are completed before a person’s appointment.
8
Sub-paragraphs (4) to (6) do not apply to a person who has worked in —
a
a school in England in a position which brought him regularly into contact with children or young persons; or
b
a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
c
an institution within the further education sector in England in which his position involved the provision of education which brought him regularly into contact with children or young persons,
during a period which ended not more than three months before his appointment.
Supply staff
3B
1
No person supplied by an employment business to the school may begin work as a teacher or member of support staff at the school unless the relevant person has received —
a
written notification from the employment business in relation to that person —
i
that the checks referred to in paragraph 3C(5)(a) have been made;
ii
that an enhanced criminal record check has been made, or an enhanced criminal record certificate has been obtained in response to an enhanced criminal record check by that or another employment business; and
iii
whether, if the employment business has obtained such a certificate before the person is due to begin work at the school, it disclosed any matter or information, or any information was supplied to the employment business, in accordance with section 113B(6) of the Police Act 1997;
b
where the employment business has obtained an enhanced criminal record certificate before the person is due to begin work at the school, and it discloses any matter or information, or any information was provided to the employment business in accordance with section 113B(6) of the Police Act 1997, a copy of the certificate.
2
Except in the case of a person to whom sub-paragraph (3) applies, the certificate referred to in sub-paragraph (1)(a)(ii) shall have been obtained not more than three months before the date on which the person is due to begin work at the school.
3
This sub-paragraph applies to a person who has worked in —
a
a school in England in a position which brought him regularly into contact with children or young persons; or
b
a maintained school in England in a position to which he was appointed on or after 12th May 2006 and which did not bring him regularly into contact with children or young persons; or
c
an institution within the further education sector in England in which his post involved the provision of education which brought him regularly into contact with children or young persons,
during a period which ended not more than three months before the date on which he is due to begin work at the school.
4
Before a person offered for supply by an employment business may begin work at the school his identity shall be checked by the relevant person at the school (irrespective of any such check carried out by the employment business before the person was offered for supply).
5
The relevant person shall in the contract or other arrangements which they make with any employment business require it, in respect of any person whom the employment business supplies to the school —
a
to provide the notification referred to in sub-paragraph (1); and
b
if any enhanced criminal record certificate which the employment business obtains contains any matter or information, or if any information was supplied to the employment business in accordance with section 113B(6) of the Police Act 1997, to provide a copy of the certificate.
6
Paragraph (7) applies to a person offered for supply by an employment business to begin work at the school to care for, train, supervise or be in charge of children for whom accommodation is provided, except for those persons to whom sub-paragraph (3) applies.
7
Before a person to whom this paragraph applies may begin work at the school, the relevant person shall make a check to ensure Standard 38 of the National Minimum Standards for Boarding Schools or, where applicable, Standard 27 of the National Minimum Standards for Residential Special Schools is met.
Register of checks
3C
1
A register shall be kept by the relevant person which meets the following requirements.
2
In relation to each member of staff appointed on or after 1st May 2007, the register shall show whether —
a
his identity was checked;
b
a check was made to establish whether he is subject to any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction;
c
checks were undertaken to ensure that he met the requirements with respect to qualifications or registration mentioned in regulation 2(1C);
d
an enhanced criminal record certificate was obtained in response to an enhanced criminal record check in respect of him;
e
checks were made pursuant to paragraph 3A(5);
f
a check of his right to work in the United Kingdom was made; and
g
where applicable, checks were made to ensure compliance with the requirement in paragraph 3A(6),
and the register shall include the date on which each such check was completed or the certificate obtained.
3
In relation to each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register shall show whether each check referred to in sub-paragraph (2) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.
4
Sub-paragraph (3) applies, in the case of a member of staff appointed before 12th May 2006, only if the work of his post brings him regularly into contact with children or young persons.
5
In relation to any person supplied by an employment business to work at the school, the register shall show whether —
a
written notification has been received from the employment business that —
i
it has made checks corresponding to those which sub-paragraph (2)(a) to (c), (e) and (f) requires to be recorded in relation to a member of staff of a school;
ii
it or another employment business has made an enhanced criminal record check;
iii
it has obtained an enhanced criminal record certificate in response to an enhanced criminal record check made by that or another employment business,
together with the date the written notification that each such check was made, or certificate obtained, was received; and
b
a check has been made in accordance with regulation 3B(7) together with the date the check was made.
6
Where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to paragraph 3B(5) that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6) of the Police Act 1997, the register shall also show whether the employment business supplied a copy of the certificate to the school.
7
It is immaterial for the purposes of sub-paragraphs (1) to (3) and (5) whether the check was made or certificate obtained pursuant to a legal obligation.
8
The register required to be kept pursuant to this paragraph may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
9
The register required to be kept pursuant to this paragraph shall be available for inspection at the school during school hours by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills in carrying out his functions under Part 1 of the Education Act 2005 .
Suitability of Chair
3D
1
No person is to be a Chair unless the requirements of sub-paragraphs (2) to (5) below are met.
2
The identity of any such person is checked and a check is made by the Secretary of State of his right to work in the United Kingdom.
3
An enhanced criminal record check is made by the Secretary of State in respect of such person and the enhanced criminal record certificate which is the subject of the application is obtained before his appointment.
4
In the case of any such person for whom, by reason of his living or having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish his suitability to work in a school, such further checks as the Secretary of State considers appropriate are made by him.
5
The checks referred to in sub-paragraphs (2) and (4) shall have been completed before any such person becomes a Chair, for the requirements of this paragraph to be met.
.
2
In paragraph 15 of Part II of the Schedule before the words “in the case of a residential school” insert “Without prejudice to paragraphs 3A to 3D of this Schedule,”.
3
In paragraph 21 of Part III of the Schedule —
a
in sub-paragraph (1) for “chairman” substitute “chair”; and
b
in sub-paragraph (6)(a) for “section 400 of the 1996 Act”, substitute “section 98 of the Learning and Skills Act 2000” .
Saving
5
1
Subject to paragraph (3) , paragraph (2) applies in the case of a person who immediately before 1st May 2007 —
a
was appointed to a position at;
b
was supplied by an employment business to; or
c
held the office of Chair at,
the school and who remains in such a position, continues to be so supplied or continues to hold such office (as the case may be) at that time.
2
Regulation 3 (conditions of approval) and regulation 4 (requirements to be complied with) of the principal Regulations shall not apply, in relation to the requirements contained in paragraphs 3A, 3B and 3D of the Schedule to the principal Regulations introduced by these Regulations, in the case of a person to whom this paragraph applies.
3
Nothing in paragraph (2) shall prevent the provisions referred to in that paragraph applying in the case of any subsequent appointment, supply, or holding of office which takes place on or after 1st May 2007 of a person who fell within paragraph (2) but ceased to —
a
remain in the position referred to in paragraph (1)(a) ;
b
be supplied by the employment business referred to in paragraph (1)(b) ; or
c
hold the office of Chair.
Andrew Adonis
Parliamentary Under Secretary of State
Department for Education and Skills
28th March 2007