text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No 6) Regulations 2007 and shall come into force on 14th August 2007.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Part 5 of Schedule 3 (certain non-cash vouchers to be disregarded as payments in kind) of the Social Security (Contributions) Regulations 2001 is amended as follows.
2
In paragraph 1 for “8” substitute “9”.
3
After paragraph 8 add —
9
A non-cash voucher providing for health screening or medical check-ups to the extent that no liability to income tax arises in the provision of such health screening or medical check-ups by virtue of the Income Tax (Exemption of Minor Benefits) Regulations 2002 regulation 7 (exemption in respect of the provision of health screening and medical check-ups).
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd July 2007
The Secretary of State concurs.
Signed by authority of the Secretary of State for Work and Pensions.
Mike O’Brien
Minister of State,
Department for Work and Pensions
19th July 2007
The Department for Social Development concurs.
The Official Seal of the Department is affixed on the 18th July 2007
John O’Neill
A Senior Officer of the Department for Social Development


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 2007 and come into force on 31st March 2007.
Amendment of the Dairy Produce Quotas Regulations 2005
2
1
The Dairy Produce Quotas Regulations 2005 are amended as follows.
2
In regulation 2(1) —
a
at the end of the definition of “the Commission Regulation” add “, as amended by Commission Regulation (EC) No. 1468/2006 ( OJ No. L274, 5.10.2006, p 6)”;
b
omit the definition of “Commission Regulation 1756/93”;
c
in the definition of “the Community legislation”, for “, the Commission Regulation and Commission Regulation 1756/93” substitute “and the Commission Regulation”;
d
at the end of the definition of “the Council Regulation” add “, as amended by Council Regulation (EC) No. 1406/2006 (OJ No. L265, 26.9.2006, p 8)”.
3
In regulation 7(a), for sub-paragraphs (i) to (iii) substitute —
i
is the quota holder identified in that entry, or
ii
gives the Secretary of State a statement in writing that he has an interest in the holding of the quota holder identified in that entry; or
.
4
In regulation 9(3), for the words after “Secretary of State” to the end of the paragraph substitute “no later than 31st March in the quota year in which the transfer takes place.”.
5
In regulation 31(5), for “1st September” substitute “30th September”.
6
In regulation 36 —
a
in paragraph (1), for “(2) to (3)” substitute “(2A) and (3)”;
b
omit paragraph (2);
c
in paragraph (5), for “paragraphs (2) to (4)” substitute “paragraphs (2A), (3), (4) and (6A)”;
d
for paragraph (6), substitute —
6
Subject to Article 8(5) of the Commission Regulation, if a purchaser fails to submit a summary required to be submitted under Article 8(2) of the Commission Regulation, by the end of the period specified in Article 8(4), he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that declaration for each day of the period of the delay in the submission reaching the Secretary of State.
;
e
after paragraph (6) insert —
6A
Subject to paragraphs (5) and (7), where a purchaser fails to provide or submit to the Secretary of State —
a
an application, statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 23(2) to (4);
b
information in accordance with regulation 33(2) to (4); or
c
a confirmation or amendments relating to a revised version of a summary in accordance with regulation 35(2),
he is liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy that would be due on 0.01% of the quantity by volume of milk covered by that application, statement, declaration or revised version, or that information, for each day of the period of delay in the submission reaching the Secretary of State.
.
7
In paragraph 7, for “(6)” substitute “(6A)”.
8
In regulation 38, omit paragraph (2).
9
In regulation 39(2)(a)(ii), for “by virtue of regulation 38(2)” substitute “under article 11(4) of the Commission Regulation”.
10
In paragraph 2(1) of Schedule 2, at the beginning of both sub-paragraph (h) and (i) insert “if he holds 4,855 or more litres of direct sales quota,”.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
20th January 2007


text:
Citation and commencement
1
This Order may be cited as the Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) (No. 7) Order 2007 and shall come into force on 6th November 2007.
Specification of approved local authorities
2
The following authority is specified as an approved local authority for the purposes of section 144 of the Transport Act 2000 (civil penalties for bus lane contraventions):
a
Gloucestershire County Council .
Amendment to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005
3
1
The Schedule to the Bus Lane Contraventions (Approved Local Authorities) (England) Order 2005 shall be amended as set out in paragraph (2).
2
After the row in the table relating to Gateshead Metropolitan Borough Council, insert the following row —
Gloucestershire County Council S.I. 2007/2837
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State
Department for Transport
27th September 2007


text:
Citation and commencement
1
These Regulations may be cited as the Waste Electrical and Electronic Equipment (Amendment) Regulations 2007, and shall come into force on 1st January 2008.
Amendments to the Waste Electrical and Electronic Equipment Regulations 2006
2
The amendments to the Waste Electrical and Electronic Equipment Regulations 2006 (“the 2006 Regulations ”) specified in the Schedule to these Regulations shall have effect.
Transitional provisions
3
The amendments made by these Regulations to regulation 73 (offences) of the 2006 Regulations shall not apply in relation to any information or report furnished before 1st January 2008.
Malcolm Wicks
Minister of State for Energy,
Department for Business, Enterprise and Regulatory Reform
6th December 2007


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment No. 2) Order 2007 and comes into force on 1st October 2007.
Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
2
1
Article 70 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (promotions included in listing particulars etc. ) is amended as follows.
2
For article 70(1)(c) substitute —
c
a prospectus or supplementary prospectus approved —
i
by the competent authority in accordance with Part 6 of the Act; or
ii
by the competent authority of an EEA State other than the United Kingdom, provided the requirements of section 87H of the Act have been met,
or part of such a prospectus or supplementary prospectus; or
.
3
After article 70(1) insert —
1A
The financial promotion restriction does not apply to any non-real time communication —
a
comprising the final terms of an offer or the final offer price or amount of securities which will be offered to the public; and
b
complying with Articles 5(4), 8(1) and 14(2) of the prospectus directive.
.
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Protection Fund (Miscellaneous Amendments) Regulations 2007 and shall come into force on 6th April 2007.
2
In these Regulations “assessment date” means the date on which the assessment period in relation to the scheme or section, or (where there has been more than one such assessment) the last one, began.
Amendment of the Pension Protection Fund (Entry Rules) Regulations 2005
2
1
Amend the Pension Protection Fund (Entry Rules) Regulations 2005 as follows.
2
In regulation 2(1) (schemes which are not eligible schemes) —
a
after sub-paragraph (f) insert —
fa
a tax registered scheme which, immediately before 6th April 2006, was a former approved superannuation fund within the meaning of paragraph 1(1)(b) of Schedule 36 to the Finance Act 2004 (deemed registration of existing schemes);
;
b
for head (i) of sub-paragraph (l) substitute —
i
the provisions of the scheme provide that any decision made by the trustees is made by the unanimous agreement of the trustees who are members of the scheme; or
; and
c
for head (i) of sub-paragraph (m) substitute —
i
the provisions of the scheme provide that any decision made by the company in its capacity as trustee is made by the unanimous agreement of the directors of that company who are members of the scheme; or
.
3
In paragraph 5(b) of the Schedule (contents of accounts audited by the auditor of the scheme) for “regulation 12” to the end of that paragraph substitute “regulation 13 of the Occupational Pension Schemes (Investment) Regulations 2005 (investments to which restrictions do not apply) applies”.
Amendment of the Pension Protection Fund (Compensation) Regulations 2005
3
1
Amend the Pension Protection Fund (Compensation) Regulations 2005 as follows.
2
In regulation 19(3) (commutation of periodic compensation) for “paragraph 20(2)(b)” substitute “regulation 20(2)(b)”.
Amendment of the Pension Protection Fund (Valuation) Regulations 2005
4
1
Amend the Pension Protection Fund (Valuation) Regulations 2005 as follows.
2
In regulation 1(2) (interpretation) —
a
after the definition of “pension credit rights” insert —
“pre-6th April 1997 contract of insurance” means a contract of insurance that —
falls within the definition of a relevant contract of insurance in section 161(8) of the Act;
was taken out before 6th April 1997; and
the trustees or managers are, or should reasonably be, aware of;
; and
b
for the definition of “relevant accounts” substitute —
“relevant accounts” for the purposes of identifying and valuing the assets of a scheme, means audited accounts for the scheme which —
contain the information specified in the Schedule;
show a true and fair value of —
the financial transactions of the scheme during the period to which the accounts relate (“the accounting period”);
the amount and disposition of the assets at the end of the accounting period; and
the liabilities of the scheme, other than the liabilities to pay pensions and benefits, after the end of the accounting period;
include a report by the auditor in writing as to whether or not in his opinion the requirements of paragraphs (a) and (b) above are satisfied; and
are prepared in respect of a period ending with the relevant time of the valuation;
.
3
In regulation 2 (provision of actuarial valuation to determine scheme underfunding) —
a
for paragraph (1) substitute —
1
The trustees or managers of an eligible scheme shall provide the Board or the Regulator on the Board’s behalf with its first section 179 valuation —
a
in the case of an eligible scheme which is a registrable scheme prior to 6th April 2007 —
i
within 15 months of the relevant time of that valuation; or
ii
by no later than 31st March 2008,
whichever is the earlier;
b
in the case of an eligible scheme which becomes a registrable scheme on or after 6th April 2007, within 15 months of the effective date of the first actuarial valuation obtained by them under section 224 of the Act (actuarial valuations and reports).
;
b
omit paragraphs (2) and (3);
c
in paragraph (5) for “12 months” substitute “15 months”.
4
In regulation 3 (excluded assets) after paragraph (b) add —
c
in the case of either a section 143 or section 179 valuation, an amount in respect of the value of any pre-6th April 1997 contract of insurance if —
i
the trustees or managers have taken all reasonable steps to obtain information concerning that contract of insurance (whether by searching the records of the scheme or otherwise); and
ii
the information that they provide concerning that contract of insurance is insufficient, in the opinion of the appropriate person, to conduct a valuation.
.
5
In regulation 6 (valuation of protected liabilities) —
a
the provisions of the regulation shall become paragraph (1) of the regulation; and
b
after that paragraph add —
2
Where regulation 3(c) applies, the amount representing the value of a protected liability in respect of the benefits secured by a pre-6th April 1997 contract of insurance shall be excluded from the valuation of the eligible scheme’s protected liabilities.
.
6
After regulation 10 (prescribed qualifications for the purposes of section 143 and section 179 of the Act) add —
SCHEDULE
Contents of Accounts Audited by the Auditor of the Scheme
Regulation 1(2)
1
An account of the financial additions to, withdrawals from and changes to the value of the fund during the accounting period.
2
1
A statement, as at the end of the accounting period, of the assets at market value, or trustees’ or managers’ estimate thereof where the market value is not readily ascertainable, and liabilities of the scheme, other than liabilities to pay pensions and benefits after the end of the accounting period —
a
giving, in the case of any assets which are stated as an estimate of their market value, the reason why the valuation is an estimate;
b
showing the distribution of the investments and other assets of the scheme between each of the following categories (where none of the investments falls within a particular category, that fact is not required to be stated), namely —
i
insurance policies;
ii
public sector fixed interest investments and separately showing quoted securities and unquoted securities;
iii
other fixed interest investments and separately showing quoted securities and unquoted securities;
iv
index-linked securities and separately showing quoted securities and unquoted securities;
v
equities (including convertible shares) and separately showing quoted equities and unquoted equities;
vi
property (which in this paragraph means any right or interest in freehold or leasehold land or buildings);
vii
unit trusts invested in property;
viii
other unit trusts;
ix
managed funds (other than unit trusts) invested in property;
x
other managed funds (not being unit trusts);
xi
loans (whether or not secured by mortgage);
xii
cash deposits and cash in hand;
xiii
investments and other assets not included in heads (i) to (xii) above; and
c
showing separately, in the case of investments in each category, investments in the United Kingdom and investments outside the United Kingdom, and in the case of cash investments mentioned in heads (vii) to (x) of sub-paragraph (b) investments where the company operating the unit trust or managed fund is, and where it is not, a company registered in the United Kingdom.
2
Where the assets include insurance policies which are specifically allocated to the provision of benefits for, and which provide all the benefits payable under the scheme to, particular members or other persons in respect of particular members or both, those policies must be included in the statement and there must be a note of the existence of such policies but that entry need not include their market value or an estimate.
3
Where the assets —
a
are invested only for the purposes of securing additional money purchase benefits derived from voluntary contributions; and
b
are specifically allocated to the provision of additional benefits for particular members or other persons in respect of particular members (or both),
a note that paragraphs (a) and (b) apply must be included in the statement, but that entry need not include the market value or an estimate of value of those assets.
3
Where any assets or liabilities are denominated in currencies other than sterling, a translation of those assets into sterling and an explanation of the basis on which they have been translated.
4
Particulars of any investment (other than in UK Government securities) in which more than 5 per cent. of the total value of the net assets of the scheme is invested, and if any such investment is an insurance policy, a statement of its main characteristics.
5
Where the scheme has employer-related investments, within the meaning of section 40(2) of the Pensions Act 1995 (restriction on employer-related investments), a statement —
a
as to the percentage of the scheme’s resources invested in such investments at the end of the accounting period; and
b
if that percentage exceeds 5 per cent., as the percentage of the scheme’s resources which are investments to which regulation 13 of the Occupational Pension Schemes (Investment) Regulations 2005 (restrictions on employer-related investments) applies.
6
In respect of every other amount shown in the accounts other than the amounts referred to in paragraph 7, a statement of the corresponding amount for the scheme year previous to the accounting period, except in a case where regulation 2 of the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 (requirement for trustees or managers to obtain documents) is complied with by the trustees or managers of a scheme for the first time.
7
The total amount of the purchases and the total amount of the sales of investments during the accounting period.
8
A statement whether the accounts have been prepared in accordance with the Statement of Recommended Practice, the guidelines (“Financial Reports of Pension Schemes”) published by the Pensions Research Accountants Group or another organisation approved for this purpose by the Accounting Standards Board , current at the end of the accounting period and, if not, an indication of where there are any material departures from those guidelines.
.
Amendment of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006
5
1
Amend the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 as follows.
2
In regulation 6 (circumstances where the Board is not required to recover overpaid scheme benefits) —
a
in paragraph (2) for the words “it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii),” substitute “it shall as soon as reasonably practicable determine”; and
b
after paragraph (2) insert —
2A
The Board may request such additional information from the person who gave the hardship notification as it reasonably requires for the purpose of making a determination under paragraph (2).
2B
In making the determination, the Board shall have regard to any evidence provided under paragraph (1)(c)(ii) and any information provided in accordance with paragraph (2A) .
.
3
In regulation 16 (recovery of PPF compensation overpayments) —
a
in paragraph (2) for the words “it shall determine, having regard to any evidence provided under paragraph (1)(c)(ii),” substitute “it shall as soon as reasonably practicable determine”; and
b
after paragraph (2) insert —
2A
The Board may request such additional information from the person who gave the hardship notification as it reasonably requires for the purpose of making a determination under paragraph (2).
2B
In making the determination, the Board shall have regard to any evidence provided under paragraph (1)(c)(ii) and any information provided under paragraph (2A).
.
Transitional provision for schemes with an assessment date before 1st April 2007
6
In the case of a scheme with an assessment date before 1st April 2007, the definition of “relevant accounts” in regulation 1(2) of the Pension Protection Fund (Valuation) Regulations 2005 shall continue to have effect until 31st December 2007 as if regulation 4(2)(b) of these Regulations had not come into force.
Revocation
7
The following provisions are revoked —
a
paragraph 13A of the Schedule to the Pension Protection Fund (Reviewable Matters) Regulations 2005 (prescribed period for failure to make a determination under regulation 6(2) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006);
b
regulation 21(5)(b) of the Pension Protection Fund (General and Miscellaneous Amendments) Regulations 2006 (amendment of the Entry Rules Regulations);
c
regulation 3 of the Pension Protection Fund (Reviewable Matters and Review and Reconsideration of Reviewable Matters) (Amendment) Regulations 2006 (which inserts the provision revoked by sub-paragraph (a)).
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
9th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wireless Telegraphy (Isle of Man) Order 2007 and shall come into force on 8th February 2007.
2
In this Order “the 2006 Act ” means the Wireless Telegraphy Act 2006.
3
Any reference to an Act of Tynwald, or to a provision of such an Act, shall be construed, unless the contrary intention appears, as a reference to that Act or provision as amended or replaced by or under any other such enactment.
Extension of the 2006 Act to the Isle of Man
2
The following provisions of the 2006 Act shall extend to the Isle of Man with the modifications set out in Schedule 1 to this Order —
Part 1 (general provision about radio spectrum);
Part 2 (regulation of radio spectrum), other than sections 30, 49 and 51;
in Part 3 (regulation of apparatus), sections 54 to 61 and 68;
Part 4 (approval of apparatus);
Part 5 (prohibition of broadcasting from sea or air);
in Part 6 (general), sections 97 to 103, 105 to 112, 115 to 119, 121 to 126;
Schedules 1 to 3, 5, 7 and 8.
Modification and revocation of other instruments
3
1
The Communications (Isle of Man) Order 2003 is modified as specified in Part 1 of Schedule 2.
2
The instruments mentioned in Part 2 of Schedule 2 are revoked to the extent specified in that Part.
Christine Cook
Deputy Clerk of the Privy Council


text:
PART 1 General
Title, commencement and application
1
1
These Regulations may be cited as the Eggs and Chicks (England) Regulations 2007.
2
These Regulations come into force on 22 nd August 2007.
3
These Regulations apply in England only.
4
These Regulations apply —
a
to eggs for hatching and chicks to which Council Regulation (EEC) No. 2782/75 and Commission Regulation (EEC) No. 1868/77 apply; and
b
to eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply (eggs in shell produced for consumption by hens of the species Gallus gallus ).
5
But they do not apply —
a
to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer —
i
on the production site;
ii
by door-to-door selling in the region of production; or
b
except insofar as they relate to the requirement imposed by Article 4(3) of Council Regulation (EC) No. 1028/2006 to mark eggs in accordance with Article 4(1) of that Regulation, to the sale of eggs to which Council Regulation (EC) No. 1028/2006 and Commission Regulation (EC) No. 557/2007 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.
6
In paragraph (5) (a) (ii) “door-to-door selling” means a sale which is made during an unsolicited visit by a producer to the final consumer’s home, or to the home of another person, or to the final consumer’s place of work.
Revocation
2
The Regulations specified in Schedule 1 are revoked in so far as they apply to England.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised officer” means any person who has written authority from an enforcement authority to act in matters arising under or in relation to the Act or these Regulations;
“breeding establishment” has the meaning given by Article 1(3)(b) of Council Regulation (EEC) No. 2782/75 ;
“chicks” has the meaning given by Article 1(2) of Council Regulation (EEC) No. 2782/75 ;
“Commission Regulation (EEC) No. 1868/77 ” means Commission Regulation (EEC) No. 1868/77 laying down detailed rules of application for Regulation (EEC) No. 2782/75 , as amended from time to time;
“ Commission Regulation (EC) No. 557/2007 ” means Commission Regulation (EC) No. 557/2007 introducing detailed rules for implementing Council Regulation (EC) No. 1028/2006 , as amended from time to time;
“Council Directive 1999/74/ EC ” means Council Directive 1999/74/EC laying down minimum standards for the protection of laying hens;
“ Council Regulation (EEC) No. 2782/75 ” means Regulation (EEC) No. 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks;
“Council Regulation (EC) No. 1028/2006 ” means Council Regulation (EC) No. 1028/2006 on marketing standards for eggs, as amended from time to time;
“Directive 2000/13/EC ” means Directive 2000/13/EC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs;
“eggs” has the meaning given by Article 2(1) of Council Regulation (EC) No. 1028/2006 ;
“eggs for hatching” has the meaning given by Article 1(1) of Council Regulation (EEC) No. 2782/75 ;
“enforcement authority” means an authority exercising a function conferred on it by regulation 16 ;
“final consumer” has the meaning given by Article 2(8) of Council Regulation (EC) No. 1028/2006 ;
“food authority” means —
a county council;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council;
the Common Council of the City of London (in their capacity as a local authority); and
the Council of the Isles of Scilly;
“hatchery” has the meaning given by Article 1(3)(c) of Council Regulation (EEC) No. 2782/75 ;
“packing centre” has the meaning given by Article 2(7) of Council Regulation (EC) No. 1028/2006 ;
“pedigree breeding establishment” has the meaning given by Article 1(3)(a) of Council Regulation (EEC) No. 2782/75 ; and
“production site” has the meaning given by Article 2(6) of Council Regulation (EC) No. 1028/2006 .
2
Any expression which is not defined in paragraph (1), but is used in Part 2 of, or Schedule 2 to, these Regulations, and in Council Regulation (EEC) No. 2782/75 , has the same meaning in those provisions of these Regulations as it does in the Council Regulation.
3
Any expression which is not defined in paragraph (1), but is used in regulation 1(5) or Part 3 of, or Schedule 3 to, these Regulations and in Council Regulation (EC) No. 1028/2006 or Commission Regulation (EC) No. 557/2007 , has the same meaning in those provisions of these Regulations as it does in the Council or Commission Regulation in which it is used.
4
Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 2 means a contravention of or failure to comply with —
a
any provision of Council Regulation (EEC) No. 2782/75 mentioned in column 1 of Part 1 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EEC) No. 1868/77 mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
5
Any reference to a contravention of or failure to comply with any provision mentioned in Schedule 3 means a contravention of or failure to comply with —
a
any provision of Council Regulation (EC) No. 1028/2006 mentioned in column 1 of Part 1 of Schedule 3, as read with any provision mentioned in any corresponding entry in column 2 of that Part; or
b
any provision of Commission Regulation (EC) No. 557/2007 mentioned in column 1 of Part 2 of Schedule 3, as read with any provision mentioned in any corresponding entry in column 2 of that Part.
PART 2 Eggs for hatching and chicks
Compliance with Community provisions
4
A person is guilty of an offence if he contravenes, or fails to comply with, any provision mentioned Schedule 2.
Registration of pedigree breeding establishments, breeding establishments and hatcheries
5
1
The Secretary of State is designated as the competent authority for the purpose of Article 3 of Council Regulation (EEC) No. 2782/75 (registration of pedigree breeding establishments, other breeding establishments and hatcheries) as read with Article 1 of Commission Regulation (EEC) No. 1868/77 .
2
Where an application is made to the Secretary of State pursuant to Article 3 of Council Regulation (EEC) No. 2782/75 , he must notify the applicant of the matters specified in paragraph (3) within 28 days.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant the application; and
c
in the case of any refusal to grant the application, the right of appeal conferred by regulation 18 .
4
Where the Secretary of State is not satisfied that an application should be granted, he may (instead of refusing the application) notify the applicant of the reason for this, and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, he may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that all of the provisions mentioned in Schedule 2 that are relevant to the type of establishment to be registered will be complied with following the registration of that establishment, he may ask the applicant to take steps to ensure that those provisions will be complied with; and
c
he may give the applicant an opportunity to provide oral or written explanations to him in respect of the application.
5
Where the Secretary of State decides to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 2, he must notify the person carrying on business at the establishment concerned (“the operator”) of the matters specified in paragraph (6) within 28 days.
6
The matters are —
a
the Secretary of State’s decision to withdraw the registration;
b
the date on which the withdrawal of the registration is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 18 .
7
Where the Secretary of State is minded to withdraw a registration of a pedigree breeding establishment, other breeding establishment or hatchery because of a contravention of, or failure to comply with, any provision mentioned in Schedule 2, he may (instead of withdrawing the registration) notify the operator that he is minded to withdraw the registration, and the reasons for this, and —
a
where the contravention of, or failure to comply with, any provision mentioned in Schedule 2 is continuing, he may ask the operator to take steps to ensure that that provision is complied with; and
b
he may give the operator an opportunity to provide oral or written explanations to him in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to an operator under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
Any notice given by the Secretary of State under this regulation must be in writing.
11
For the purposes of calculating the 28-day time limit specified in paragraph (2) , the clock is stopped during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4) .
Derogation relating to the marking of eggs for hatching
6
Eggs for hatching may be marked in a different manner from that specified in Article 2(1) of Commission Regulation (EEC) No. 1868/77 if —
a
the marking of the eggs complies with the requirements set out in the first sub-paragraph of Article 2(2) of that Regulation; and
b
the other requirements set out in the first and second sub-paragraphs of Article 2(2) are met.
PART 3 Eggs in shell for consumption
Compliance with Community provisions
7
A person is guilty of an offence if he contravenes, or fails to comply with, any provision mentioned in Schedule 3.
Authorisation of packing centres to grade eggs
8
1
The Secretary of State is designated as the competent authority for the purpose of Article 5(2) of Council Regulation (EC) No. 1028/2006 (authorisation of undertakings as packing centres to grade eggs) as read with Article 5 of Commission Regulation (EC) No. 557/2007 .
2
Where an application is made to the Secretary of State under Article 5(2) of Council Regulation (EC) No. 1028/2006 to authorise an undertaking as a packing centre to grade eggs , he must notify the applicant of the matters specified in paragraph (3) within 28 days.
3
The matters are —
a
the Secretary of State’s decision on the application;
b
the reasons for any refusal to grant an authorisation; and
c
in the case of any refusal to grant an authorisation, the right of appeal conferred by regulation 18 .
4
Where the Secretary of State is not satisfied that an application should be granted, he may (instead of refusing the application) notify the applicant of the reason for this and —
a
where the Secretary of State is not satisfied with the sufficiency of the data provided in support of the application, he may ask the applicant to provide further data;
b
where the Secretary of State is not satisfied that all of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 and Article 5(3) of Commission Regulation (EC) No. 557/2007 that are relevant to the type of packing centre to be authorised have been met, he may ask the applicant to comply with any outstanding requirement; and
c
he may give the applicant an opportunity to provide oral or written explanations to him in respect of the application.
5
Where the Secretary of State decides to withdraw an authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007 , he must notify the person carrying on business at the packing centre (“the operator”) of the matters specified in paragraph (6) within 28 days.
6
The matters are —
a
the Secretary of State’s decision to withdraw the authorisation;
b
the date on which the withdrawal of the authorisation is to take effect;
c
the reasons for the withdrawal; and
d
the right of appeal conferred by regulation 18 .
7
Where the Secretary of State is minded to withdraw the authorisation of a packing centre to grade eggs because of a failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007 , he may (instead of withdrawing the authorisation) notify the operator that he is minded to withdraw the authorisation, and the reasons for this, and —
a
where the failure to comply with any of the requirements laid down in Article 5(2) of Council Regulation (EC) No. 1028/2006 or Article 5(3) of Commission Regulation (EC) No. 557/2007 is continuing, he may ask the operator to take steps to ensure that those requirements are met; and
b
he may give the operator an opportunity to provide oral or written explanations to him in respect of the matter.
8
Where the Secretary of State gives a notice to an applicant under paragraph (4) , or to an operator under paragraph (7) , the Secretary of State must specify a deadline in the notice by which any action specified in the notice must be taken.
9
Any deadline given by the Secretary of State under this regulation may be extended on one or more occasions.
10
Any notice given by the Secretary of State under this regulation must be in writing.
11
For the purposes of calculating the 28-day time limit specified in paragraph (2) , the clock is stopped during any period that the Secretary of State gives to an applicant to take any action specified in a notice under paragraph (4) .
Derogations relating to the marking of eggs
9
1
The provisions in the second sub-paragraph of Article 4(1) of Council Regulation (EC) No. 1028/2006 (requiring class B eggs to be marked) shall not apply where class B eggs are to be marketed exclusively in the United Kingdom.
2
The provisions in the first sub-paragraph of Article 4(3) of Council Regulation (EC) No. 1028/2006 (requiring eggs sold by a producer to a final consumer in a local public market in the region of production to be marked in accordance with Article 4(1) of the Council Regulation) shall not apply in the case of a producer keeping up to 50 laying hens if the name and address of the producer are indicated at the point of sale.
Livestock grazing on open-air runs
10
For the purpose of point 1 of Annex II to Commission Regulation (EC) No. 557/2007 (setting down the minimum requirements that need to be met in order for eggs to be marketed as free-range eggs), livestock grazing is authorised on open-air runs to which laying hens have access.
Derogation relating to free-range eggs
11
1
By way of derogation from the provisions of point 1 of Annex II to Commission Regulation (EC) No. 557/2007 , eggs to which paragraph (2) applies may be marketed as free-range eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
2
This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
3
The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1) —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
Derogation relating to barn eggs
12
1
By way of derogation from the provisions of point 2 of Annex II to Commission Regulation (EC) No. 557/2007 , eggs to which paragraph (2) applies may be marketed as barn eggs although they have been produced in a system of production that does not comply with any one or more of the conditions specified in paragraph (3).
2
This paragraph applies to eggs produced in an establishment with fewer than 350 laying hens or rearing breeding laying hens at the time the eggs are produced.
3
The following conditions of Article 4(1) of Council Directive 1999/74/EC are specified for the purpose of paragraph (1) —
a
the second sentence of point 1(d);
b
point 1(e);
c
point 2;
d
point 3(a)(i); and
e
point 3(b)(i).
PART 4 Miscellaneous provisions
Powers of authorised officers
13
1
An authorised officer may direct any person to leave undisturbed, for so long as reasonably necessary for the purpose of any examination or investigation —
a
eggs;
b
eggs for hatching;
c
packs or other containers for eggs, eggs for hatching or chicks;
d
labels or documents relating to eggs, eggs for hatching or chicks; and
e
any land , vehicle or trailer on or in which any eggs, eggs for hatching or chicks, any packs or other containers for eggs, eggs for hatching or chicks, and any labels or documents relating to such eggs or chicks are found.
2
If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (1), an authorised officer may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.
3
An authorised officer may direct any person to ensure that any —
a
eggs;
b
eggs for hatching;
c
packs or other containers for eggs, eggs for hatching or chicks; or
d
labels or documents relating to eggs, eggs for hatching or chicks,
which do not comply in any respect with the requirements of any provision mentioned in Schedule 2 (as regards eggs for hatching and chicks) or 3 (as regards other eggs), comply with those requirements before being removed from any land, vehicle or trailer, except as may be otherwise directed in writing by an authorised officer.
4
An authorised officer may seize any computer and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable and, in any event, within 28 days.
5
Where an authorised officer exercises the power under paragraph (4), he must notify the person in charge of the premises from which the equipment is seized of the right of appeal conferred by regulation 18 .
6
Except as stated in paragraph (3) , any direction given by an authorised officer under paragraph (1) or (3) can be given orally or in writing but any direction given orally must be confirmed in writing as soon as practicable and, in any event, within 24 hours.
7
An authorised officer must not exercise the powers under paragraphs (1) to (4) except on the production, if so required, of a duly authenticated document showing his authority.
8
A person is guilty of an offence if —
a
without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by an authorised officer under paragraph (1);
b
unless authorised to do so, in writing, by an authorised officer, he interferes with any packs or containers that have been secured by an authorised officer under paragraph (2); or
c
without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by an authorised officer under paragraph (3).
Record-keeping requirements
14
1
The Secretary of State may direct any person carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 to comply with any of the requirements specified in paragraph (2) .
2
The requirements are —
a
to keep, or cause to be kept, such records as the Secretary of State may reasonably require for the purposes of enforcing any such provision;
b
to provide the Secretary of State with such information derived from such records as the Secretary of State may require at the times specified in the notice; and
c
to retain such records for such period as the Secretary of State may reasonably require.
3
But the Secretary of State must not give a direction under paragraph (1) unless the records to which the direction relates are of a type that are often kept by persons carrying on any activity regulated by a provision mentioned in Schedule 2 or 3 (whether or not kept by the person to whom the direction will be given) and —
a
the direction will be given on or before 22 nd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 since the coming into force of these Regulations;
b
the direction will be given on or before 22 nd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations since the coming into force of these Regulations, and the Secretary of State reasonably suspects that, since his conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3;
c
the direction will be given on or after 23 rd February 2008 and the Secretary of State reasonably suspects that the person to whom the direction will be given has contravened, or failed to comply with, any provision mentioned in Schedule 2 or 3 within the six month period immediately before the direction is given; or
d
the direction will be given on or after 23 rd February 2008, the person to whom the direction will be given has been convicted of an offence under regulation 4 or 7 of these Regulations within the six month period immediately before the giving of the direction, and the Secretary of State reasonably suspects that, since his conviction, that person —
i
has continued to contravene, or fail to comply with, the provision mentioned in Schedule 2 or 3 to which his conviction relates; or
ii
has contravened, or failed to comply with, some other provision mentioned in Schedule 2 or 3.
4
Any direction given by the Secretary of State under paragraph (1) must be in writing.
5
A person is guilty of an offence if, without reasonable excuse, he fails to comply with any requirement imposed on him by a direction given by the Secretary of State under paragraph (1).
Obstruction
15
1
A person is guilty of an offence if —
a
he intentionally obstructs an authorised officer acting in the execution of these Regulations;
b
without reasonable excuse, he fails to give an authorised officer acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
he gives to an authorised officer acting in the execution of these Regulations any information which he knows, or ought reasonably to know, to be false or misleading; or
d
he fails to produce a record when required to do so by an authorised officer acting in the execution of these Regulations.
2
Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Enforcement
16
1
Each food authority must —
a
enforce the provisions mentioned in Schedule 3, as read with regulation 7 , insofar as they apply to —
i
the retail sale of eggs within their area; and
ii
the sale of eggs to a mass caterer in their area;
b
enforce the provisions of regulation 13(8) —
i
in the case of a direction given by an authorised officer who is authorised by the food authority; and
ii
in the case of a pack or container secured by an authorised officer who is authorised by the food authority; and
c
enforce the provisions of regulation 15 (1) in the case of an obstruction of an authorised officer who is authorised by the food authority.
2
The Secretary of State may enforce the provisions mentioned in Schedule 3, as read with regulation 7 , insofar as they apply to the retail sale of eggs or the sale of eggs to a mass caterer.
3
The Secretary of State must —
a
enforce the provisions mentioned in Schedule 2, as read with regulation 4 ;
b
enforce the provisions mentioned in Schedule 3, as read with regulation 7 , insofar as they do not apply to the retail sale of eggs or the sale of eggs to a mass caterer;
c
enforce the provisions of regulation 13(8) —
i
in the case of a direction given by an authorised officer who is authorised by the Secretary of State; and
ii
in the case of a pack or container secured by an authorised officer who is authorised by the Secretary of State;
d
enforce the provisions of regulation 14(5) ; and
e
enforce the provisions of regulation 15 (1) in the case of an obstruction of an authorised officer who is authorised by the Secretary of State.
4
In this regulation —
“mass caterer” means the entities referred to in Article 1(2) of Directive 2000/13/EC ;
“retail sale” means any sale other than a sale for use or resale in the course of a trade or business; and
“sale” includes possession for sale and offer, exposure and advertising for sale.
Duty to give assistance and provide information
17
Each enforcement authority must give such assistance and information to any other enforcement authority as that other authority may reasonably require for the purpose of their duties under these Regulations.
Appeals
18
1
Any person who is aggrieved by a decision specified in paragraph (2) may appeal against that decision to a magistrates’ court.
2
A specified decision for the purpose of paragraph (1) is —
a
a decision by the Secretary of State to refuse to register an establishment as a pedigree breeding establishment, other breeding establishment or hatchery under Article 3 of Council Regulation (EEC) No. 2782/75 , or to withdraw such a registration;
b
a decision by the Secretary of State to refuse to authorise an undertaking as a packing centre to grade eggs under Article 5(2) of Council Regulation (EC) No. 1028/2006 , or to withdraw such an authorisation; and
c
a decision by an authorised officer to seize any computer or associated equipment under regulation 13(4) .
3
Section 37(3), (5) and (6) of the Act has effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section, but with the omission —
a
in subsection (3), of the words “, or an appeal to such a court for which provision is made by regulations under Part II of this Act,”;
b
of subsection 5(b), and the word “or” immediately preceding it; and
c
in subsection (6)(a), of the words “or to the sheriff”.
4
The withdrawal of an authorisation or registration referred to in paragraph (2) shall not take effect until the time for appealing against it has expired, and, if an appeal is lodged, until the appeal is finally disposed of, withdrawn or struck out for want of prosecution.
Penalty
19
A person guilty of an offence specified in regulation 4 , 7 , 13(8) , 14(5) or 15(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Extended period for bringing prosecutions
20
1
Proceedings for an offence under these Regulations may be commenced within the period of one year from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge.
2
But no such proceedings shall be commenced by virtue of paragraph (1) more than three years after the commission of the offence.
3
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Application of various provisions of the Act
21
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modifications specified in paragraph (2) —
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 32(1) to (8) (powers of entry);
section 36 (offences by bodies corporate);
section 36A (offences by Scottish partnerships);
section 44 (protection of officers acting in good faith);
section 46(1) (expenses of authorised officers); and
section 50 (service of documents).
2
The modifications are —
a
construe any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) as a reference to these Regulations, and also, in relation to section 32(1)(a), construe the reference to “the provisions of this Act” as a reference to the provisions mentioned in Schedules 2 and 3;
b
construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;
c
in relation to section 20, construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
d
in relation to section 21(2), replace the words “section 14 or 15 above” with the words “these Regulations”;
e
in relation to section 29 —
i
in paragraph (b)(ii), construe the reference to section 32 as including a reference to section 32 as applied to these Regulations by paragraph (1); and
ii
in paragraph (d), omit the words “or of regulations or order made under it”;
f
in relation to section 30(8)(a), omit the words “under subsection(6) above”;
g
in relation to section 32 —
i
in subsection(1)(a), omit the words “, or of regulations or orders made under it”;
ii
in subsection (4), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1);
iii
in subsection (5), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;
iv
in subsection (6)(a), omit the words “or of regulations or orders made under it”; and
v
in subsection (7), construe the reference to the section as including a reference to that section as applied to these Regulations by paragraph (1); and
h
in relation to section 44, construe any reference to a food authority as a reference to an enforcement authority.
Transitional provision
22
Any written authority granted to any person to act in matters arising under or in relation to the Eggs (Marketing Standards) Regulations 1995 shall have effect as if it referred to these Regulations.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
26th July 2007