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PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Local Pharmaceutical Services etc.) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply in relation to England only .
Interpretation
2
1
In these Regulations —
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“the Abolition of the Tribunal Regulations ” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ;
“ the Act ” means the National Health Service Act 1977;
“advanced electronic signature” means an electronic signature which is —
uniquely linked to the signatory;
capable of identifying the signatory;
created using means that the signatory can maintain under his sole control; and
linked to the data to which it relates in such a manner that any subsequent change of data is detectable;
“appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Act (arrangements for pharmaceutical services);
“appropriate non-proprietary name” means a non-proprietary name which is not mentioned in Schedule 1 to the Prescription of Drugs Regulations (drugs, medicines and other substances not to be ordered under a general medical services contract) or, except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Contracts Regulations are satisfied, in Schedule 2 to the Prescription of Drugs Regulations (drugs, medicines and other substances that may be ordered only in certain circumstances);
“associated batch issue” means, in relation to a non-electronic repeatable prescription, one of the batch issues relating to that prescription and containing the same date as that prescription;
“batch issue” means a form provided by a Primary Care Trust and issued by a repeatable prescriber at the same time as a non-electronic repeatable prescription which enables a contractor to receive payment for the provision of repeat dispensing services, which is in the format required by the NHS Business Services Authority, and which —
is generated by a computer and not signed by a repeatable prescriber;
relates to a particular non-electronic repeatable prescription and contains the same date as that prescription;
is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs or appliances ordered on the non-electronic repeatable prescription may be provided; and
specifies a number denoting its place in the sequence referred to in sub-paragraph (c);
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
“chemical reagent” means a chemical reagent included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Act ;
“contractor” means the party or parties to an LPS scheme which is or are not the Primary Care Trust;
“dentist” means a dentist registered in the dentists register maintained under section 14 of the Dentists Act 1984 ;
“doctor” means a registered medical practitioner;
“drugs” includes medicines;
“Drug Tariff” means the statement compiled and published under regulation 56(1) of the Pharmaceutical Services Regulations (standards of, and payments for, drugs and appliances);
“electronic communication” has the meaning given in section 15 of the Electronic Communications Act 2000 (general interpretation);
“electronic prescription” means an electronic prescription form or an electronic repeatable prescription;
“electronic prescription form” means a prescription which falls within (b) of the definition of “prescription form”;
“electronic repeatable prescription” means a prescription which falls within paragraph (a)(ii) of the definition of “repeatable prescription”;
“ETP service” means the electronic prescription service which forms part of the NHS Care Record Service;
“equivalent body” means —
a Local Health Board in Wales or, in relation to any time prior to 1st April 2003, a Health Authority in Wales;
a Health Board or NHS trust in Scotland;
a Health and Social Services Board in Northern Ireland; or
in relation to any time prior to 1st October 2002, a Health Authority in England;
“ FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the Act (the Family Health Services Appeal Authority);
“the GMS Contracts Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
“Health and Social Services Board” means a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Health Board” means a Health Board established under section 2 of the National Health Service (Scotland) Act 1978 (Health Boards);
“independent nurse prescriber” means a person —
who is registered in the Nursing and Midwifery Register; and
in respect of whom is recorded in that register an annotation signifying that he is qualified to order drugs and appliances —
until 30th April 2006, from the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff,
until 30th April 2006, from the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff,
as an independent nurse prescriber, or
as a community practitioner nurse prescriber;
“licensing or regulatory body” means a body that licenses or regulates any profession of which a person is or has been a member, and includes any body which licenses or regulates such a profession in a country other than the United Kingdom;
“listed appliance” means an appliance which is listed from time to time in Parts IXA, IXB, IXC or X of the Drug Tariff;
“Local Medical Committee” means a committee recognised under section 45A of the Act (Local Medical Committees);
“Local Pharmaceutical Committee” means a committee recognised under section 44(B2)(b) of the Act (which relates to recognition of Local Pharmaceutical Committees);
“national disqualification” means —
a decision made by the FHSAA under section 49N of the Act (national disqualification) in relation to a person who has been removed from a pharmaceutical list;
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act; or
a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 4 of the Abolition of the Tribunal Regulations;
“National Health Service Counter Fraud and Security Management Service” means the Special Health Authority of that name with responsibility for policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, which was replaced on 1st April 2006 by the NHS Business Services Authority;
“NHS Business Services Authority” means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005 ;
“NHS Care Record” means the records relating to an individual patient held by the NHS Care Record Service;
“NHS Care Record Service” means information technology systems procured by the Department of Health and used by the health service to hold medical records relating to patients;
“NHS dispute resolution procedure” means the procedure for disputes specified in Schedule 2, paragraph 22;
“nominated dispensing contractor” means —
a contractor;
a person included in a pharmaceutical list;
a party to a general medical services contract other than a Primary Care Trust; or
a party to section 28C arrangements other than a Primary Care Trust or a Strategic Health Authority,
whom a patient has nominated in his NHS Care Record to dispense his electronic prescriptions;
“non-electronic repeatable prescription” has the same meaning as in the Pharmaceutical Services Regulations;
“non-proprietary name”, in relation to a drug, means —
where —
the drug is described in a monograph in the current edition, as defined in section 103(5) of the Medicines Act 1968 (construction of references to specified publications), as in force at the time of the supply of the drug, of the European Pharmacopoeia, the British Pharmacopoeia, the British Pharmaceutical Codex, the British National Formulary, the International Pharmacopoeia, the Cumulative List of Recommended International Non-proprietary Names or the Dental Practitioners' Formulary, any name, or abbreviation of the name, at the head of that monograph, or
if that name consists of two or more words, any name derived from a suitable inversion of such words which is permitted by that publication; or
where the drug is not so described in a monograph, but has an approved name, being the name which appears in the current edition, as defined in section 103(5) of the Medicines Act 1968, of the list of names prepared and published under section 100 of that Act (lists of names), as in force at the time of the supply of the drug, its approved name;
“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001 ;
“Patients' Forum” means a body established under section 15(1) of the National Health Service Reform and Health Care Professions Act 2002 (establishment of Patients' forums);
“Pharmaceutical Services Regulations” means the National Health Service (Pharmaceutical Services) Regulations 2005 ;
“pharmaceutical list” shall be construed in accordance with regulation 4 of the Pharmaceutical Services Regulations (pharmaceutical lists);
“pharmacist independent prescriber” means a person —
who is registered in the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 or the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 ; and
against whose name in that register is recorded an annotation signifying that he is qualified to order drugs, medicines and appliances as a pharmacist independent prescriber;
“prescriber” means a doctor, a dentist, an independent nurse prescriber, a pharmacist independent prescriber or a supplementary prescriber;
“prescription form” means —
a form provided by a Health Board, a Health and Social Services Board, a Local Health Board, a Primary Care Trust, an NHS Trust or an NHS Foundation Trust, and issued by a prescriber; or
data that are created in an electronic form, signed with a prescriber’s advanced electronic signature and transmitted as an electronic communication to a nominated dispensing contractor by the ETP service,
to enable a person to obtain pharmaceutical services or local pharmaceutical services, and does not include a repeatable prescription;
“Prescription of Drugs Regulations” means the National Health Service (General Medical Services)(Prescription of Drugs etc.) Regulations 2004 ;
“primary care list” means —
a list of persons performing primary medical or dental services under section 28X of the Act (persons performing primary medical and dental services);
a list of persons undertaking to provide general ophthalmic services or, as the case may be, pharmaceutical services prepared in accordance with regulations made under section 39, 42 or 43 of the Act (which relate to regulations as to ophthalmic services, pharmaceutical services and persons authorised to provide pharmaceutical services);
a list of persons who undertook to provide general medical services or general dental services prepared in accordance with regulations made under section 29 or 35 of the Act (which related to regulations as to general medical services and general dental services);
a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) or (c) prepared in accordance with regulations made under section 43D of the Act (supplementary lists);
a services list that fell within the meaning of section 8ZA of the National Health Service (Primary Care) Act 1977 (lists of persons who may perform personal medical services or personal dental services);
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (corresponding provision and application of enactments); or
a list corresponding to any of the above lists in Scotland or Northern Ireland;
“professional conduct” includes matters relating both to professional conduct and professional performance;
“relevant scheme” shall be construed in accordance with regulation 4(3);
“relevant home Primary Care Trust” shall, as the context requires, be construed in accordance with regulation 17(5) or paragraph 17(2) of Schedule 2;
“ Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
“repeat dispensing services” means local pharmaceutical services which involve the provision of drugs or appliances by a contractor in accordance with a repeatable prescription;
“repeatable prescriber” has the same meaning as in the Pharmaceutical Services Regulations;
“repeatable prescription” means a prescription which —
either —
is contained in a form provided by a Primary Care Trust and issued by a repeatable prescriber which is in the format required by the NHS Business Services Authority, and which is generated by a computer and signed in ink by a repeatable prescriber, or
consists of data that are created in an electronic form, signed with a repeatable prescriber’s advanced electronic signature and transmitted as an electronic communication to a nominated dispensing contractor by the ETP service;
is issued or created to enable a person to obtain pharmaceutical services or local pharmaceutical services; and
indicates that the drugs or appliances ordered on that prescription may be provided more than once, and specifies the number of occasions on which they may be provided;
“restricted availability appliance” means an appliance which is approved for particular categories of person or particular purposes only;
“Scheduled drug” means a drug or other substance specified in —
Schedule 1 to the Prescription of Drugs Regulations; or
except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Contracts Regulations are satisfied, Schedule 2 to the Prescription of Drugs Regulations.
“superintendent” has the same meaning as it has in section 71 of the Medicines Act 1968 (bodies corporate);
“supplementary prescriber” means a person —
whose name is registered in —
the Nursing and Midwifery Register,
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954,
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976,
the part of the register maintained by the Health Professions Council in pursuance of article 5 of the Health Professions Order 2001 relating to —
chiropodists and podiatrists,
physiotherapists, or
diagnostic or therapeutic radiographers, or
the register of optometrists maintained by the General Optical Council in pursuance of section 7 of the Opticians Act 1989 ; and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber;
“suspended” means —
suspended by a Primary Care Trust or equivalent body under —
sections 49I (suspension) or 49J (suspension pending appeal) of the Act ,
regulations made under section 28DA (lists of persons who may perform personal medical services or personal dental services) or 43D of the Act (supplementary lists) of the Act, or
section 8ZA (lists of persons who may perform personal medical services or personal dental services) of the National Health Service (Primary Care) Act 1977; or
in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA, 43D, 49I or 49J of the Act or under section 8ZA of the National Health Service (Primary Care) Act 1977,
and shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or, in Wales, by a Local Health Board, or prior to 1st April 2003, by a Health Authority by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 , and “suspends” and “suspension” shall be construed accordingly; and
“Tribunal” means the Tribunal constituted under section 46 of the Act (the NHS tribunal) for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001, and in relation to Wales only until 26th August 2002 .
2
In these Regulations, “local pharmaceutical services” means services of a kind which may be provided under section 41 of the 1977 Act (arrangements for pharmaceutical services), or by virtue of section 41A of that Act (arrangements for providing additional pharmaceutical services), other than practitioner dispensing services.
Application of provisions of the Act and the Health Service Commissioners Act 1993 with modifications
3
Schedule 1 shall have effect (which applies with modifications provisions of the Act and the Health Service Commissioners Act 1993 and makes an amendment to the Act).
PART 2
DESIGNATION
Designation of priority neighbourhoods or premises
4
1
Subject to the following provisions of this regulation, a Primary Care Trust may designate neighbourhoods, premises or descriptions of premises for the purposes of paragraph 2 of Schedule 8A to the Act.
2
Where a designation has been made or varied under this regulation, the Primary Care Trust may defer consideration of all other Part 2 applications in respect of the designated neighbourhood, premises or descriptions of premises, until such time as the designation is cancelled.
3
A designation must designate the neighbourhood in which, or the premises or description of the premises at which, local pharmaceutical services are to be provided under —
a
a proposal for an LPS scheme; or
b
LPS schemes that have been approved,
and the proposed scheme or the approved schemes (collectively) are referred to in this regulation as the “relevant scheme”.
4
A designation must include details of the services to be provided under the relevant scheme, and must —
a
be made in writing and dated; and
b
include a map showing the location of the neighbourhood or premises that have been designated.
5
A Primary Care Trust must give notice of a designation which it has made to —
a
any Local Pharmaceutical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
b
any Local Medical Committee formed for the area of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
c
any person whose name is included in the pharmaceutical list of that Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation;
d
any person who provides services under LPS arrangements or an LPS Scheme in the locality of the Primary Care Trust;
e
any person whose name is included in the dispensing doctor list of that Primary Care Trust or of a neighbouring Primary Care Trust who, in the opinion of the Primary Care Trust, is likely to be affected by the designation; and
f
any Patients' Forum serving the locality of the Primary Care Trust or of a neighbouring Primary Care Trust that is likely to be affected by the designation.
6
A Primary Care Trust may vary a designation under this paragraph if —
a
where the designation relates to a neighbourhood, the LP services to be provided under the relevant scheme are to be provided from part only of that neighbourhood;
b
where the designation relates to premises, the LP services to be provided under the relevant scheme are to be provided from part only of those premises; or
c
where the designation relates to a description of premises, the LP services to be provided under the relevant scheme are to be provided from certain parts only of the premises described.
7
A designation varied under paragraph (6) must designate the neighbourhood, premises or description of premises which are designated for the purposes of the designation and must satisfy the conditions specified in paragraph (4).
8
A Primary Care Trust must give notice of the variation to those persons listed in paragraph (5).
9
A Primary Care Trust must make available for inspection at its offices copies of all the designations which it has made, including any variations of such designations.
Reviews of designations
5
1
A Primary Care Trust must regularly review a designation which it has made or varied under regulation 4.
2
A Primary Care Trust must conduct a review of a designation under regulation 4 before the end of the period of six months beginning with the date of that designation (or as the case may be) the date of the last review of that designation.
3
When conducting a review of a designation, a Primary Care Trust must take into account representations received from any persons listed in regulation 4(5).
4
A Primary Care Trust must notify those persons listed in regulation 4(5) of the outcome of the review.
Cancellation of designations by a Primary Care Trust
6
1
A Primary Care Trust may at any time cancel a designation which it has made or varied under regulation 4.
2
A Primary Care Trust must cancel a designation which it has made or varied —
a
if required to do so by a direction given by the Secretary of State;
b
if, within a period of twelve months beginning with the date of the original designation, an application for an LPS scheme that relates to the designation has not been submitted to the Primary Care Trust for approval;
c
if the only (or only remaining) application for an LPS scheme that relates to the designation has been rejected; or
d
if there is a significant change to the neighbourhood in which, or the premises from which, the LP services are to be provided, other than a change which leads to a variation by virtue of regulation 4(6).
3
A Primary Care Trust must give notice of cancellation of a designation to those persons listed in regulation 4(5).
4
Where a Primary Care Trust has cancelled a designation, it may not designate the same neighbourhood, premises or description of premises within a period of six months beginning with the date of cancellation of the designation, except where the reason for the cancellation of the designation was the rejection of an application for an LPS scheme.
PART 3
CONTRACTORS
General condition relating to all LPS schemes
7
1
A Primary Care Trust may only enter into an LPS scheme with —
a
an individual, if that individual does not fall within paragraph (2);
b
two or more individuals (whether or not practising in partnership), if each of those individuals does not fall within paragraph (2); and
c
in the case of a body corporate, if —
i
the body corporate, or
ii
any director, chief executive, superintendent or company secretary of the body corporate,
does not fall within paragraph (2).
2
A person falls within this paragraph if —
a
he is the subject of national disqualification;
b
subject to paragraph (3), he is disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing or regulatory body anywhere in the world;
c
he has within a period of five years prior to the date the scheme is to be commenced or, if earlier, the date on which the scheme is to be signed, been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act (disqualification of practitioners) respectively), unless his name has subsequently been included in such a list;
d
he has been convicted in the United Kingdom of —
i
murder, or
ii
a criminal offence other than murder, committed on or after 1st April 2006, and has been sentenced to a term of imprisonment of over six months;
e
subject to paragraph (4), he has been convicted elsewhere of an offence —
i
which would, if committed in England and Wales, constitute murder, or
ii
committed on or after the 1st April 2006 which would, if committed in England and Wales, constitute a criminal offence other than murder, and has been sentenced to a term of imprisonment of over six months;
f
he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children under the age of 17 years to which special provisions apply) committed on or after 1st April 2006;
g
he has been convicted of an offence under Part 2 of the Sexual Offences Act 2003 committed on or after 1st April 2006;
h
he has —
i
been adjudged bankrupt, or sequestration of his estate has been awarded, unless (in either case) he has been discharged or the bankruptcy order has been annulled,
ii
been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 ,
iii
made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it, or
iv
in the case of a body corporate, been wound up under Part IV of the Insolvency Act 1986;
i
there is —
i
an administrator, administrative receiver or receiver appointed in respect of him, or
ii
an administration order made in respect of him under Schedule B1 to the Insolvency Act 1986 ;
j
he has within the period of five years prior to the date the scheme is to be commenced or, if earlier, the date on which the scheme is to be signed —
i
been removed from the office of charity trustee or trustee for the charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed or facilitated, or
ii
been removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body;
k
he has within the period of five years prior to the date the scheme is to be commenced or, if earlier, the date on which the scheme is to be signed, been subject to a disqualification order under the Company Directors Disqualification Act 1986 or the Companies (Northern Ireland) Order 1986 , or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order); or
l
he (in the case of an individual) has refused to comply with a request by the Primary Care Trust for him to be medically examined on the grounds that it is concerned that he is incapable of adequately providing services under the scheme.
3
A person shall not fall within paragraph (2)(b) where the Primary Care Trust is satisfied that the disqualification or suspension from practising imposed by a licensing or regulatory body outside the United Kingdom does not make the person unsuitable to be —
a
a party to an LPS scheme; or
b
in the case of an LPS scheme with a body corporate, a director, chief executive, superintendent or company secretary of a party to an LPS scheme.
4
A person shall not fall within (2)(e) where the Primary Care Trust is satisfied that the conviction does not make the person unsuitable to be —
a
a party to an LPS scheme; or
b
in the case of an LPS scheme with a body corporate, a director, chief executive, superintendent or company secretary of a party to an LPS scheme.
Reasons
8
Where a Primary Care Trust is of the view that a person proposing to enter into an LPS scheme does not meet the conditions in regulation 7, it must notify that person in writing of its view, the reasons for that view and of his right of appeal under regulation 9.
Appeal
9
A person who has been served with a notice under regulation 8 may appeal to the FHSAA against the decision of the Primary Care Trust that the conditions in regulation 7 are not met by giving notice in writing to the FHSAA within the period of 28 days beginning on the day that the Primary Care Trust served its notice.
Health service body status
10
1
A contractor shall be treated as a health service body for the purposes of section 4 of the 1990 Act from the date it makes an LPS scheme unless, prior to making the scheme, it objected in a written notice served on the Primary Care Trust with which it subsequently made the scheme.
2
Where a contractor is to be treated as a health service body for the purposes of section 4 of the 1990 Act pursuant to paragraph (1), any change in the parties comprising the contractor shall not affect the health service body status of the contractor.
3
If, pursuant to paragraph (1) or (4), a contractor is to be treated as a health service body, that fact shall not affect the nature of, or any rights or liabilities arising under, any other scheme or contract with a health service body entered into by that contractor before the date on which the contractor is to be so regarded.
4
A contractor may at any time request a variation of the LPS scheme to include or remove provision from the scheme that the scheme is an NHS contract, and if it does so —
a
the Primary Care Trust must agree to the variation; and
b
the procedure in paragraph 26 of Schedule 2 shall apply.
5
Where, pursuant to paragraph (4), the Primary Care Trust agrees to a variation of the scheme, the contractor shall —
a
be treated; or
b
subject to paragraph (7), cease to be treated,
as a health service body for the purposes of section 4 of the 1990 Act from the date that variation takes effect.
6
Subject to paragraph (7), a contractor that is to be treated as a health service body pursuant to paragraphs (1) or (4), as the case may be, shall cease to be treated as a health service body for the purposes of section 4 of the 1990 Act if the scheme is terminated.
7
Where a contractor ceases to be treated as a health service body pursuant to —
a
paragraph (5) or (6), it shall continue to be treated as a health service body for the purposes of being a party to any other NHS contract entered into after it was treated as a health service body but before the date on which the contractor ceased to be treated as a health service body (for which purposes it ceases to be such a body on the termination of that NHS contract);
b
paragraph (5), it shall, if it or the Primary Care Trust has referred any matter to the NHS dispute resolution procedure before it ceases to be treated as a health service body, be bound by the determination of the adjudicator as if the dispute had been referred pursuant to paragraph 22 of Schedule 2; or
c
paragraph (6), it must continue to be treated as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been commenced —
i
before the termination of the scheme, or
ii
after the termination of the scheme, whether in connection with, or arising out of, the termination of the scheme or otherwise,
for which purposes it ceases to be such a body on the conclusion of that procedure.
Lists of LPS contractors
11
The Primary Care Trust shall publish lists of contractors who provide local pharmaceutical services in their area, together with information about —
a
services that each contractor provides; and
b
the days on which and times at which those services are provided.
PART 4
LPS SCHEMES
Proposals
12
1
A Primary Care Trust may make payments of financial assistance in respect of developing LPS schemes with a view to their being included in a proposal for an LPS scheme.
2
Any person proposing to enter into an LPS scheme must supply with their proposal in writing information as to whether he, or in the case of a partnership the partners in the partnership, or where the person is a body corporate, the body corporate or any of its directors, its chief executive, its company secretary or its superintendent —
a
has any criminal convictions in the United Kingdom;
b
has accepted a police caution in the United Kingdom;
c
has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);
d
has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
e
has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;
f
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Primary Care Trust;
g
has been subject to any investigation into his professional conduct by any licensing or regulatory body, where the outcome was adverse;
h
is currently subject to any investigation into his professional conduct by any licensing or regulatory body;
i
is, or has been where the outcome was adverse, the subject of any investigation into his professional conduct in respect of any current or previous employment;
j
is the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to his removal from any primary care list;
k
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud and Security Management Service or the NHS Business Services Authority in relation to fraud;
l
either —
i
has been removed or contingently removed from, refused admission to, or conditionally included in, any primary care list kept by another Primary Care Trust or equivalent body, or
ii
is currently suspended from such a list,
on fitness to practise grounds, and if so, why and the name of that Primary Care Trust or equivalent body; or
m
is, or ever has been, subject to a national disqualification,
and if so, he must give details of any investigation or proceedings which are being or were undertaken or brought, including the nature of that investigation or proceedings, where and approximately when that investigation or those proceedings commenced, and any outcome.
Health service contract
13
If the contractor is to be treated as a health service body, the LPS scheme must state that the scheme is an NHS contract.
LPS schemes: general
14
1
An LPS scheme must specify —
a
the dispensing and other services to be provided; and
b
the address of each of the premises to be used by the contractor for the provision of LP services.
2
A scheme must, unless it is of a type and nature to which the particular term does not apply, contain the terms, or terms which make provision having the same effect as the terms, specified in Schedule 2.
Right of return to pharmaceutical lists
15
1
Before a Primary Care Trust enters into an LPS scheme, it must determine pursuant to this regulation whether the contractor is to be given a right of return, subject to the conditions specified in regulation 10(2) of the Pharmaceutical Services Regulations, if it makes an application for its name to be included in a Primary Care Trust’s pharmaceutical list after ceasing to provide LP services.
2
Before an LPS scheme is varied so as to permit the provision of LP services from different, or additional premises, the Primary Care Trust must consider how the variation affects (if at all) a determination under this regulation, and may make a further determination varying or cancelling a determination under this regulation.
3
The Primary Care Trust may at any time make a determination under this regulation varying a determination about a contractor if it is asked to do so by the contractor.
4
Before making any determinations under this regulation, the Primary Care Trust must publish the principles by reference to which it will make such determinations, and it may amend those principles from time to time.
5
The Primary Care Trust must notify —
a
contractors providing local pharmaceutical services in its locality;
b
any person included in its pharmaceutical list;
c
any Local Pharmaceutical Committee formed for its area;
d
any Local Medical Committee formed for its area;
e
any Primary Care Trust or Local Health Board any part of whose locality is within two kilometres of the premises of the relevant contractor; and
f
any Patient’s Forum serving the locality of the Primary Care Trust,
in writing of any determination under this regulation.
6
Different determinations may be made under this regulation with respect to different contractors providing LP services under the same LPS scheme.
Sharing of information received
16
1
Where a relevant home Primary Care Trust receives information pursuant to a term of an LPS scheme set by virtue of paragraph 16 of Schedule 2, or pursuant to regulation 17, it must consider that information and decide whether this raises any question about —
a
the contractor’s suitability to be a contractor; or
b
the fitness to practise of a pharmacist employed or engaged by the contractor.
2
If a home Primary Care Trust is of the opinion that the information does raise such a question, it must pass the information it has received to —
a
any other Primary Care Trust with which the contractor has entered into, or has applied to enter into, LPS arrangements or an LPS scheme;
b
any other Primary Care Trust on whose pharmaceutical list the contractor is included or has applied to be included; and
c
where appropriate, to the Royal Pharmaceutical Society of Great Britain.
3
If any Primary Care Trust receives information (whether pursuant to a term of an LPS scheme or otherwise) that raises any question about the fitness to practise of a pharmacist employed or engaged by a contractor or potential contractor, it must pass that information, where appropriate, to the Royal Pharmaceutical Society of Great Britain.
PART 5
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Duty to provide information about suitability etc.
17
1
Subject to paragraphs (3) and (4), a contractor who provides services under a pilot scheme must by 1st October 2006 supply to its Primary Care Trust information as to whether he (in the case of an individual who is a contractor), or in the case of a partnership, the partners, or where the contractor is a body corporate, any director, chief executive, superintendent or company secretary of it —
a
has any criminal convictions in the United Kingdom;
b
has accepted a police caution in the United Kingdom;
c
has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);
d
has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution);
e
has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales;
f
has been charged with an offence and is currently the subject of any proceedings which might lead to a conviction, which have not yet been notified to the Primary Care Trust;
g
has been subject to any investigation into his professional conduct by any licensing or regulatory body, where the outcome was adverse;
h
is currently subject to any investigation into his professional conduct by any licensing or regulatory body;
i
is to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud and Security Management Service or the NHS Business Services Authority in relation to fraud;
j
is the subject of any investigation by another Primary Care Trust or equivalent body, which might lead to his removal from any primary care list;
k
is, or has been where the outcome was adverse, subject to an investigation into his professional conduct in respect of any current or previous employment;
l
either —
i
has been removed or contingently removed from, refused admission to, or conditionally included in, any primary care list kept by another Primary Care Trust or equivalent body, or
ii
is currently or has been suspended from such a list,
on fitness to practise grounds, and if so, why and the name of the Primary Care Trust or equivalent body; or
m
is, or ever has been, the subject of a national disqualification,
and if so, he must give details of any investigation or proceedings which are being or were undertaken or brought, including the nature of that investigation or proceedings, where and approximately when that investigation or those proceedings commenced, and any outcome.
2
A person to whom sub-paragraph (1) applies must consent to a request being made by the Primary Care Trust to any employer, former employer or licensing or regulatory body in the United Kingdom or elsewhere, for information relating to a current investigation or an investigation where the outcome was adverse.
3
Where a contractor is a body corporate with a registered office in England, the information to be provided under paragraph (1) may be provided instead to the relevant home Primary Care Trust, if the contractor also provides the relevant home Primary Care Trust with details of any other Primary Care Trust —
a
with which it has entered or applied to enter into LPS arrangements or an LPS scheme; or
b
which has included it or to which it has applied to be included in a pharmaceutical list.
4
No information need be provided under paragraph (1) by a contractor that is a corporate body where that corporate body has already provided the information that it would otherwise provide under paragraph (1) to a relevant home Primary Care Trust —
a
as part of a Part 2 application; or
b
under Part 3 of Schedule 4 to the Pharmaceutical Services Regulations.
5
For the purposes of this regulation, the “relevant home Primary Care Trust” means the Primary Care Trust in which the registered office in England of the contractor is located.
Transitional agreements for existing pilot schemes
18
1
Any pilot scheme agreement, except a pilot scheme that is an “ESP pilot scheme” for the purposes of the Local Pharmaceutical Services (Essential Small Pharmacies) Directions 2005 that —
a
has effect on 31st March 2006 shall continue to have effect on 1st April 2006 but as an LPS scheme; or
b
has been agreed prior to 1st April 2006 but is not to take effect until on or after 1st April 2006, but before 1st October 2006, shall take effect on the date it is due to take effect but as an LPS scheme.
2
Any LPS scheme that has taken or takes effect by virtue of paragraph (1) is, for the purposes of these Regulations, also a “transitional agreement”.
3
The parties to a transitional agreement shall, as soon as is reasonably practicable, enter into discussions with a view to agreeing variations to the agreement that ensure that it complies with the requirements of these Regulations.
4
If the parties have not agreed those variations by 1st October 2006, the Primary Care Trust must vary the transitional agreement without the consent of the other party so as to ensure that the agreement complies with the requirements of these Regulations.
5
Any variations under paragraph (4) shall not take effect until at least 14 days after the date on which they are notified to the other party.
6
Pending the taking effect of variations made by virtue of this regulation, a transitional agreement shall apply as if the terms of the agreement were terms required by virtue of these Regulations.
7
Once the variations made by virtue of this regulation have taken effect, the LPS scheme ceases to be a transitional agreement, but where the parties to the transitional agreement were in dispute (other than with regard to the terms of the variations to be made by virtue of this regulation), resolution of that dispute shall be in accordance with the provisions of the transitional agreement, notwithstanding that the scheme has ceased to be such an agreement.
Transitional arrangements for existing designations
19
Any designation made under regulation 3 (or varied under regulation 4) of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 (designation of priority neighbourhoods or premises), except one that relates to a pilot scheme that is an “ESP pilot scheme” for the purposes of the Local Pharmaceutical Services (Essential Small Pharmacies) Directions 2005 —
a
shall be treated for all purposes as a designation made or varied under regulation 4 (whether or not it has been made or varied in accordance with the requirements set out in that regulation); and
b
accordingly, regulation 4(6) to (9), 5 and 6 shall apply to that designation as those provisions apply to a designation made from 1st April 2006 under regulation 4.
Consequential amendments to secondary legislation
20
Schedule 3, which makes consequential amendments to secondary legislation, shall have effect.
Signed by authority of the Secretary of State for Health
Jane Kennedy
Minister of State,
Department of Health
2nd March 2006


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
1
These Regulations may be cited as the Avian Influenza (Vaccination) (England) Regulations 2006.
2
These Regulations apply in England and come into force on 14 th November 2006.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Animal Health Act 1981 ;
“avian influenza” means an infection of poultry or other captive birds caused by any influenza A virus of the subtypes H5 or H7 or with an intravenous pathogenicity index in six week old chickens greater than 1.2;
“the Directive” means Council Directive 2005/94/ EC on Community measures for the control of avian influenza and repealing Directive 92/40/ EEC ;
“emergency vaccination notice” has the meaning given by regulation 6(1)(b);
“emergency vaccination plan” has the same meaning as it has in Article 53 of the Directive;
“emergency vaccination zone” has the meaning given by regulation 6(1)(a);
“inspector” means an inspector appointed by the Secretary of State or a local authority for the purposes of these Regulations or under the Act , and, unless the context otherwise requires, includes a veterinary inspector;
“local authority” means —
in any part of England 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 —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough;
in the city of London, the Common Council;
“occupier” means, in relation to any premises, the person in charge of those premises;
“other captive bird” means a bird kept in captivity that is not poultry and includes a pet bird and a bird kept for shows, races, exhibitions, competitions, breeding or for sale;
“poultry” means all birds that are reared or kept in captivity for the production of meat or eggs for consumption, the production of other products, for restocking supplies of game or for the purposes of any breeding programme for the production of these categories of birds;
“premises” includes any land, building or place;
“preventive vaccination notice” has the meaning given by regulation 7(1)(b)(ii);
“preventive vaccination plan” has the same meaning as it has in Article 56 of the Directive;
“preventive vaccination zone” has the meaning given by regulation 7(1)(b)(i);
“slaughterhouse” means an establishment used for slaughtering poultry, the meat of which is intended for human consumption;
“vaccination licence” has the meaning given by regulation 7(1)(a);
“vaccination notice” means either an emergency vaccination notice or a preventive vaccination notice;
“vaccination plan” means either an emergency vaccination plan or a preventive vaccination plan;
“vaccination zone” means either an emergency vaccination zone or a preventive vaccination zone;
“ veterinary inspector” means a person appointed as such by the Secretary of State for the purposes of these Regulations or under the Act.
2
Other expressions used in these Regulations that are defined in the Directive have the same meaning as they have in the Directive.
Scope of the Regulations
3
These Regulations do not apply to birds kept in a zoo within the meaning of the Avian Influenza (Preventive Measures) (England) Regulations 2006 .
Declarations, notices and licences
4
1
A declaration of a vaccination zone under these Regulations —
a
must be in writing;
b
may be amended or revoked, by further declaration, at any time;
c
must designate the extent of the zone being declared;
d
must list or refer to the measures that apply in the zone and, if they apply only in part of the zone, specify to which part they apply; and
e
must state which categories of birds the measures apply to.
2
Notices issued under these Regulations must be in writing and may be amended or revoked, by further notice, at any time.
3
Vaccination notices issued under these Regulations —
a
must list or refer to the measures that apply on the premises and, if they apply only on part of the premises, specify to which part they apply; and
b
must state which categories of birds the measures apply to.
4
Licences granted under these Regulations —
a
must be in writing;
b
may be general or specific;
c
may be made subject to such conditions as the person granting the licence considers necessary to reduce the risk of the spread of avian influenza; and
d
may be amended, suspended or revoked, in writing, at any time,
and in the case of vaccination licences, must also specify the matters set out at paragraph (3)(a) and (b`).
5
The Secretary of State must ensure that the extent of any vaccination zone declared under these Regulations, the nature of the restrictions and requirements applicable within it and the dates of its declaration and withdrawal are publicised.
6
Movement licences granted in Scotland or Wales for activities that could be licensed in England under these Regulations have effect in England as if they were movement licences granted under these Regulations, but an inspector acting under the direction of the Secretary of State may serve a notice on any person moving any thing under the authority of such a licence, directing him to move it to and keep it on premises specified in the notice or move it out of England.
7
A person moving any thing under the authority of a specific movement licence granted under these Regulations must —
a
keep the licence or a copy of it with him at all times during the licensed movement;
b
on demand by a local authority inspector, veterinary inspector or other officer of the Secretary of State, produce the licence or copy and allow a copy or extract to be taken; and
c
on such demand, provide his name and address.
8
A person moving any thing under the authority of a general movement licence granted under these Regulations must —
a
keep with him, at all times during the licensed movement, a consignment note that contains details of —
i
what is moved (including its quantity);
ii
the date of the movement;
iii
the name of the consignor;
iv
the address of the premises from which the movement started;
v
the name of the consignee; and
vi
the address of the premises of destination;
b
on demand by a local authority inspector, a veterinary inspector or other officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken; and
c
on such demand, provide his name and address.
Prohibition on vaccination
5
1
No person shall vaccinate any bird against avian influenza except where required or licensed by the Secretary of State.
2
This prohibition does not apply to —
a
anything done under the authority of a licence granted under article 4 of the Specified Animal Pathogens Order 1998 ; or
b
administration of a vaccine for research purposes in accordance with an animal test certificate granted under regulation 8(3) of the Veterinary Medicines Regulations 2005 .
Emergency vaccination
6
1
Where the condition in paragraph (2) is fulfilled, the Secretary of State must, if he considers it necessary to reduce the risk of the spread of avian influenza —
a
declare a zone in all or part of England where there are poultry or other captive birds that he considers should be vaccinated, within which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination zone”); or
b
serve a notice on the occupier of any premises where there are poultry or other captive birds that he considers should be vaccinated, on which emergency vaccination against avian influenza is required to be carried out (an “emergency vaccination notice”).
2
The condition is that the Secretary of State has carried out a risk assessment which indicates that there is a significant and immediate threat of avian influenza spreading within or into England following —
a
an outbreak of avian influenza within the United Kingdom;
b
an outbreak of avian influenza within a nearby Member State; or
c
confirmation of the presence of avian influenza in poultry or other captive birds in a nearby third country.
3
Where an emergency vaccination zone is declared, or an emergency vaccination notice is served after an emergency vaccination plan has been submitted to and approved by the European Commission in accordance with Articles 53 and 54 of the Directive, the declaration or service of the notice must be in accordance with the provisions of that plan.
4
Any premises that are partly inside and partly outside an emergency vaccination zone are deemed to be wholly within it.
Preventive vaccination
7
1
Where the conditions in paragraph (2) are fulfilled, the Secretary of State —
a
may, in accordance with the preventive vaccination plan referred to in paragraph (2)(b), grant a licence to the occupier of any premises to vaccinate poultry, other captive birds or any category of poultry or other captive birds on those premises (a “vaccination licence”);
b
must, in accordance with the preventive vaccination plan referred to in paragraph (2)(b) and if he considers it necessary to reduce the risk of the spread of avian influenza —
i
declare a zone in all or part of England where there are poultry or other captive birds that he considers should be vaccinated, within which preventive vaccination against avian influenza is required to be carried out (a “preventive vaccination zone”); or
ii
serve a notice on the occupier of any premises where there are poultry or other captive birds that he considers should be vaccinated, on which preventive vaccination against avian influenza is required to be carried out (a “preventive vaccination notice”).
2
The conditions are —
a
a risk assessment has been carried out by the Secretary of State that indicates that any poultry or other captive birds in any part of England are exposed to a risk of avian influenza;
b
a preventive vaccination plan has been submitted to and approved by the European Commission in accordance with Articles 56 and 57 of the Directive.
3
Any premises that are partly inside and partly outside a preventive vaccination zone are deemed to be wholly within it.
Power to require vaccination
8
1
The Secretary of State may, in a declaration of a vaccination zone or vaccination notice, require vaccination of poultry or other captive birds in that zone or on premises that are the subject of that notice.
2
The following provisions of the Act apply as if such vaccination was carried out in exercise of the power in section 16(1) of the Act —
a
section 16(2) to 16(17) (treatment after exposure to infection);
b
section 16A (slaughter of vaccinated animals); and
c
section 62A (slaughter: power of entry).
Measures applying in a vaccination zone or to premises that are the subject of a vaccination notice or vaccination licence
9
1
The Secretary of State must, in a declaration of a vaccination zone, a vaccination notice, or a vaccination licence, specify who is to carry out the vaccination.
2
In a declaration of a vaccination zone, a vaccination notice or a vaccination licence, the Secretary of State may, in accordance with any relevant approved vaccination plan, impose any measures within the vaccination zone, or premises which are the subject of a vaccination notice or a vaccination licence, necessary to —
a
control the type and quantity of vaccine to be used;
b
control the supply and storage of the vaccine and the disposal of any unused vaccine;
c
control the administration of the vaccine;
d
ensure the keeping of records;
e
ensure that the necessary samples from birds are taken;
f
ensure that vaccinated birds are identified;
g
ensure that notification is given to the Secretary of State when vaccination has been completed;
h
control the movement of any poultry, other captive birds or their products from one premises within a zone to another within a zone, into or out of the zone or into or out of premises that are the subject of the notice or licence;
i
control the release of poultry or other captive birds into the wild;
j
ensure adequate biosecurity when any poultry, other captive bird or their products are transported;
k
ensure surveillance of poultry or other captive birds within the zone or the premises that are the subject of the notice or licence,
and may impose such other restrictions and conditions as he considers necessary to reduce the risk of the spread of avian influenza.
3
In paragraph (2), “products” of poultry or other captive birds means any carcase, egg or any other thing originating or made (whether in whole or in part) from poultry or other captive birds or from the carcases of such birds.
4
Paragraphs (1) to (3) apply notwithstanding any other requirement or restriction applying in any part of a zone or premises because that part of the zone or premises falls within another zone declared by the Secretary of State, or is the subject of another notice served by the Secretary of State or an inspector, for the purposes of reducing the risk of the spread of avian influenza or for any other purpose.
5
Any person moving poultry or other captive birds under this regulation or regulation 10 must keep a record of the date of the movement and the registration of any vehicle used.
6
Slaughterhouses, packing centres and hatcheries that are designated under the Avian Influenza and Influenza of Avian Origin in Mammals (England) (No.2) Order 2006 are deemed to be designated for the purpose of receiving poultry or eggs (as the case may be) that are moved under a licence granted under these Regulations.
Emergency vaccination without an approved plan
10
1
This regulation applies when the Secretary of State declares an emergency vaccination zone or serves an emergency vaccination notice before an emergency vaccination plan has been approved by the European Commission in accordance with Article 54 of the Directive.
2
No person may move any poultry, any other captive bird, their carcases or any egg from poultry or other captive birds —
a
from premises within the zone to other premises within the zone;
b
into or out of the zone; or
c
into or out of premises that are the subject of a notice.
3
Paragraph (2) does not apply to —
a
any of the permitted movements listed in the Schedule if that movement is licensed by a veterinary inspector or an inspector acting under his direction;
b
the retail distribution of poultry eggs, other hatching eggs, and movements subsequent to such distribution; or
c
the movement of carcases or eggs for disposal.
4
The occupier of premises to which day-old chicks, live poultry (except those going for slaughter) or other captive birds are moved under any of paragraphs 5 to 10 of the Schedule, must ensure that those day-old chicks, poultry or other captive birds are placed in a part of premises where there is no other poultry.
5
The occupier of premises to which live poultry (except those going for slaughter) or other captive birds are moved under paragraph 10 of the Schedule, must ensure that those poultry or other captive birds are vaccinated without delay if vaccination is required at those premises by a declaration or emergency vaccination notice under regulation 6(1).
6
The occupier of a slaughterhouse to which poultry for slaughter are moved under paragraph 11, 12 or 13 of the Schedule, must ensure that those poultry are slaughtered without delay.
7
Paragraphs (4), (5) and (6) apply in respect of the same movements —
a
from a zone equivalent to an emergency vaccination zone declared in Scotland, Wales or Northern Ireland; or
b
from premises which are the subject of a notice equivalent to a vaccination notice in Scotland, Wales or Northern Ireland,
where that zone has been declared, or that notice has been served, before an emergency vaccination plan has been approved by the European Commission in accordance with Article 54 of the Directive.
8
Paragraph (7) only applies if the occupier to whose premises the thing is moved is aware, or should reasonably have been aware, that it has been moved from such a zone or from premises under such a notice.
Failure to vaccinate animals specified for vaccination
11
Any person who knows or suspects that a bird has not been vaccinated as required by the Secretary of State must immediately notify the Divisional Veterinary Manager appointed by the Secretary of State for the area in which that bird is located.
Cleansing and disinfection of vehicles: provision of facilities, equipment and materials
12
Where cleansing and disinfection of vehicles is required at any premises under these Regulations, the occupier of those premises must provide adequate facilities and proper equipment and materials for that cleansing and disinfection.
Change of occupation of premises under restriction
13
1
This regulation applies if the keeper of any poultry or other captive bird is unable to move it from premises on the termination of his right of occupation because of a movement restriction imposed by or under these Regulations and continues to apply for seven days after any such restriction has been removed.
2
The person entitled to occupation of the premises on termination of the keeper’s right of occupation must —
a
provide such facilities for feeding, tending or otherwise using the poultry or other captive bird (including selling it) as the keeper may reasonably require; and
b
allow entry to the premises to that keeper and any person authorised by him at reasonable times for feeding, tending or otherwise using the poultry or other captive bird.
3
If the keeper is unable or unwilling to feed or tend the poultry or other captive bird, the person entitled to occupation of the premises must take such steps as are necessary to ensure it is properly fed and tended.
4
The keeper is liable to pay the reasonable costs incurred under this regulation by any person feeding or tending it, or providing facilities for feeding, tending or otherwise using it.
Provision of reasonable assistance or information and cooperation
14
1
Any person required to give reasonable assistance or information to a person performing functions under these Regulations must, unless he has reasonable cause, do so without delay.
2
No person shall deface, obscure or remove any mark applied to any bird or thing by any person performing functions under these Regulations.
False information
15
No person shall provide to a person performing functions under these Regulations information which he knows to be false or misleading.
Retention and production of records
16
1
Any person who is required by these Regulations to keep a record must —
a
retain it for at least twelve months from the date the record is made (unless otherwise required under these Regulations); and
b
produce it on demand to an inspector and provide him with copies if required.
2
An inspector may enter any premises for the purpose of inspecting any records required to be kept under these Regulations and may —
a
copy any such records (in whatever form they are held);
b
require any computer records to be produced in a form which can be taken away; and
c
take any records away and detain them.
3 An inspector must, if requested, return any records he has detained once he has copied them or completed his inspection of them.
Costs of compliance with these Regulations
17
The costs incurred by any person in taking any action required, or in refraining from taking action that is prohibited, by or under these Regulations must be met by that person unless the Secretary of State directs otherwise in writing.
Compliance with notices, declarations or licences
18
Any licensee, person on whom a notice is served, or person to whom a declaration applies under these Regulations who contravenes or fails to comply with the requirements or restrictions in that licence, notice or declaration is guilty of an offence.
Powers of inspectors
19
1
An inspector may, when performing his functions under these Regulations, require by notice the person in charge of any vehicle or equipment to cleanse and disinfect it.
2
A veterinary inspector or an inspector acting under his direction may, when performing his functions under these Regulations —
a
cleanse and disinfect any part of premises or any thing on those premises;
b
require, by notice, the occupier of any premises to cleanse and disinfect any part of those premises or any thing on those premises;
c
require, by notice, the occupier of any premises or the keeper of any poultry or other captive bird —
i
to keep or isolate any poultry, other captive bird or animal in a specified place;
ii
to separate any poultry, other captive bird or animal from any other animal or bird.
3
The following provisions of the Act apply as if these Regulations were an Order made under the Act —
a
section 63 (general powers of inspectors);
b
section 64 (powers of inspectors as to poultry);
c
section 64A (powers of inspectors relating to Community obligations);
d
section 65(1) to (3) (power to detain vessels and aircraft).
4
Section 65A of the Act (inspection of vehicles) applies as if —
a
these Regulations were an Order made under the Act;
b
the definition of poultry in section 87(4) of the Act were extended to include all birds; and
c
every vaccination zone or premises specified in a vaccination notice were designated for the duration of its existence for the purposes of that section.
5
An inspector who enters any premises under regulation 8 or paragraph (3) may —
a
mark any bird or other thing for identification purposes;
b
take samples from any bird;
c
take with him such people and things as he considers necessary.
6
Any person who enters premises under paragraph (5)(c) may return to them unaccompanied to take any further steps necessary to execute or enforce these Regulations.
Powers of inspectors in case of default
20
1
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps he considers necessary to ensure the requirement is met at the expense of that person.
2
An inspector’s powers under paragraph (1) include powers to —
a
require, by notice, any person to take or refrain from specified action in respect of any place, animal, bird, vehicle, or other thing;
b
seize and detain any thing.
Offences and proceedings
21
1
The following provisions of the Act apply as if these Regulations were an Order made under the Act —
a
sections 66 and 66A (refusal and obstruction);
b
section 67 (issue of false licences etc. );
c
section 68 (issue of licences etc. in blank);
d
section 71 (other offences as to licences);
e
section 71A , (prosecutions: time limit);
f
section 73 (general offences);
g
section 77 (money recoverable summarily);
h
section 79(1) to (4) (evidence and procedure),
and as if the definition of poultry in section 87(4) of the Act were extended to include all birds.
2
Section 69 of the Act (falsely obtaining licences etc.) applies as if licences granted under these Regulations were granted under an Order made under the Act.
3
Section 75 of the Act (penalties for certain summary offences) applies as if these Regulations were an Order made under the Act except that any term of imprisonment on summary conviction shall not exceed three months.
Offences by bodies corporate
22
1
If an offence committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Enforcement
23
1
These Regulations must be enforced by the local authority.
2
The Secretary of State may direct, in relation to a particular case or to cases of a particular description, that he will enforce these Regulations instead.
Disapplication of provisions to any person executing or enforcing these Regulations
24
Provisions in these Regulations that prohibit or restrict the movement or use of any thing do not apply to the following in their execution or enforcement of these Regulations —
a
the Secretary of State;
b
an inspector of the local authority;
c
any other person authorised by the Secretary of State or by the local authority to carry out such execution or enforcement.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
11th October 2006


text:
Citation and Interpretation
1
1
This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No. 6 and Appointed Day) Order 2006.
2
In this Order “ the Act ” means the Serious Organised Crime and Police Act 2005.
Commencement
2
The following provisions of the Act shall come into force on 8th May 2006 —
a
in section 161 (abolition of Royal Parks Constabulary), subsection (1) and, to the extent not already in force, subsection (5);
b
section 174(2) (minor and consequential amendments, repeals and revocations) in so far as it relates to the entries in Schedule 17 in paragraph (d) below;
c
paragraphs 9, 10 and 12 in Part 2 of Schedule 13 (abolition of Royal Parks Constabulary: supplementary); and
d
in Part 2 of Schedule 17 (repeals and revocations), the entries relating to —
i
paragraph 27D and the cross-heading before it of Schedule 1 to the Regulation of Investigatory Powers Act 2000 ; and
ii
section 82(1)(f) and (5) of the Police Reform Act 2002 .
3
Section 102 (money laundering: defence where overseas conduct is legal under local law) of the Act shall come into force on 15th May 2006.
Appointed Day
4
The day appointed for the purposes of section 161(2) of the Act is 8th May 2006.
David Lammy
Minister for Culture
Department for Culture, Media and Sport
6th April 2006


text:
Citation and commencement
1
1
This Order may be cited as the District of North Hertfordshire (Electoral Changes) Order 2006.
2
This Order, with the exception of articles 5 and 6, comes into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2007, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2007.
3
Article 5 comes into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Letchworth Garden City to be held on the ordinary day of elections in 2009, on 15th October 2008;
b
for all other purposes, on the ordinary day of elections in 2009.
4
Article 6 comes into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Royston to be held on the ordinary day of elections in 2010, on 15th October 2009;
b
for all other purposes, on the ordinary day of elections in 2010.
Interpretation
2
In this Order —
“district” means the district of North Hertfordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
“map” means the map marked “Map referred to in the District of North Hertfordshire (Electoral Changes) Order 2006”, of which prints are available for inspection at the principal office of the Electoral Commission; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of North Hertfordshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-four wards which shall be named as set out in column (1) of Schedule 1.
3
Each ward shall comprise the area described in column (2) of that Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of North Hertfordshire
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2007 .
2
The councillors holding office for any ward of the district immediately before the fourth day after the ordinary day of election of councillors in 2007 shall retire on that date and the newly elected councillors shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2007 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Letchworth Garden City
5
1
The existing wards of the parish of Letchworth Garden City shall be abolished.
2
The parish shall be divided into five wards which shall be named Letchworth East, Letchworth Grange, Letchworth South East, Letchworth South West and Letchworth Wilbury.
3
Each ward shall comprise the area designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for Letchworth South West ward shall be six, for each of Letchworth Grange and Letchworth South East wards shall be five, and for each of Letchworth East and Letchworth Wilbury wards shall be four.
Wards of the parish of Royston
6
1
The existing wards of the parish of Royston shall be abolished.
2
The parish shall be divided into three wards which shall be named Royston Heath, Royston Meridian and Royston Palace.
3
Each ward shall comprise the area designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
4
The number of councillors to be elected for each ward shall be five.
Map
7
North Hertfordshire District Council shall make a print of the map available for inspection at its offices by any member of the public at any reasonable time.
Electoral register
8
The registration officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The District of North Hertfordshire (Electoral Changes) Order 1998 is revoked, save for articles 3(1), 3(10), 4, 5, 7, 8, 9(2), 9(3), 9(4), 9(5), and 9(6).
Sealed with the seal of the Electoral Commission on the 23rd day of November 2006
Sam Younger
Chairman of the Commission
23rd November 2006
Jacqui Dixon
Secretary to the Commission
23rd November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Teachers (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 2006 and come into force on 1st October 2006.
Amendment of Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997.
2
The Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 are amended as follows.
3
In regulation 4(2) omit “and who is not entitled to payment of retirement benefits under regulation E4(2) to (5A) of the Pensions Regulations”.
4
For regulation 6 substitute the following —
6
Subject always to section 37(1) to (3) of the Education Act 2002 (determination by governing bodies as to making by local education authorities of certain payments in respect of dismissal etc. ) the appropriate person may pay to a person to whom this Part applies compensation which does not exceed A-B where —
A is a sum equivalent to 104 weeks’ pay, and
B is the aggregate of —
a
any redundancy payment to which the person is entitled under Part XI of the Employment Rights Act 1996 , and
b
any compensation which is paid to him under Part II of these Regulations (discretionary compensation for redundancy).
Andrew Adonis
Parliamentary Under-Secretary of State
Department for Education and Skills
27th July 2006
We consent
Kevin Brennan
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2006


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2006.
2
Articles 1, 2 and 4 of this Order come in to force —
a
for the purposes of enabling applications to be made for Part IV permission or for a variation of Part IV permission in relation to the regulated activity specified by article 52(b) of the Principal Order as amended by this Order or in relation to an investment specified by article 82(2) of the Principal Order as amended by this Order on 1st October 2006;
b
and for all other purposes on 6th April 2007.
3
All other articles of this Order come into force on 6th April 2007.
4
In this Order —
“the Principal Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means 6th April 2007.
Amendment of the Principal Order
2
1
The Principal Order is amended as follows.
2
In paragraph (1) of article 3 (interpretation) —
a
for the definition of “occupational pension scheme”, substitute —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;
;
b
after the definition of “pension fund management contract” insert —
“personal pension scheme” means a scheme or arrangement which is not an occupational pension scheme or a stakeholder pension scheme and which is comprised in one or more instruments or agreements, having or capable of having effect so as to provide benefits to or in respect of people —
on retirement,
on having reached a particular age, or
on termination of service in an employment;
.
3
In the title of Chapter 11 of Part 2 (stakeholder pension schemes), omit “stakeholder”.
4
For article 52 (establishing etc. a stakeholder pension scheme), substitute —
Establishing etc. a pension scheme
52
The following are specified kinds of activity —
a
establishing, operating or winding up a stakeholder pension scheme;
b
establishing, operating or winding up a personal pension scheme.
.
5
For article 82 (rights under a stakeholder pension scheme), substitute —
Rights under a pension scheme
82
1
Rights under a stakeholder pension scheme.
2
Rights under a personal pension scheme.
.
Transitional provisions
3
1
Paragraph (2) applies to a person (“A”) who immediately before commencement had Part IV permission to carry on an activity of the kind specified by article 52 of the Principal Order.
2
On commencement A is to be treated as also having Part IV permission to carry on the activity of establishing, operating or winding up a personal pension scheme.
3
Paragraph (4) applies to a person (“B”) who immediately before commencement had Part IV permission to carry on an activity of the kind specified by article —
a
14 (dealing in investments as principal),
b
21 (dealing in investments as agent),
c
25 (arranging deals in investments),
d
37 (managing investments),
e
40 (safeguarding and administering investments),
f
45 (sending dematerialised instructions),
g
53 (advising on investments), or
h
in so far as relevant to any activity specified in this paragraph or by article 52 of the Principal Order, 64 (agreeing to carry on specified kinds of activity),
of the Principal Order in relation to rights under a stakeholder pension scheme (“a relevant permission”).
4
On commencement B is to be treated as also having Part IV permission to carry on, in relation to rights under a personal pension scheme, any of the activities of a kind mentioned in paragraph (3) for which he had a relevant permission immediately before commencement.
5
No person shall be treated as having his Part IV permission extended in accordance with this article if on or before 23rd March 2007 he gave written notice to the Authority that he did not wish to have his permission extended.
Interim permission
4
1
This article applies where —
a
a person has submitted an application for Part IV permission or a variation of Part IV permission (“the applicant”), to the extent that the application relates to —
i
a regulated activity specified by article 52(b) of the Principal Order (as amended by this Order),
ii
an investment specified by article 82(2) of the Principal Order (as amended by this Order);
b
on or before 1st October 2006, the applicant had been carrying on an activity that following commencement will be —
i
a regulated activity of establishing, operating or winding up a personal pension scheme; or
ii
an activity of a kind specified by article —
aa
14 (dealing in investments as principal),
bb
21 (dealing in investments as agent),
cc
25 (arranging deals in investments),
dd
37 (managing investments),
ee
40 (safeguarding and administering investments),
ff
45 (sending dematerialised instructions),
gg
53 (advising on investments), or
hh
in so far as relevant to any activity specified in this sub-paragraph, 64 (agreeing to carry on specified kinds of activity),
of the Principal Order in relation to rights under a personal pension scheme;
c
the Authority received the application on or before 23rd March 2007; and
d
the application had not been finally decided before commencement.
2
The applicant is to be treated as having at commencement the permission to which the application relates.
3
A permission which an applicant is to be treated as having is referred to in this Order as an “interim permission”.
4
Without prejudice to the exercise by the Authority of its powers under Part 4 of the Act an interim permission lapses when the application has been finally decided.
5
In this article “finally decided” means —
a
subject to paragraph (6), when the application is withdrawn;
b
when the Authority grants permission under section 42 of the Act (giving permission) to carry on the activity in question;
c
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
d
where the Authority has refused an application and the matter is referred to the Tribunal when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with subsection (3)(a) of section 137 of the Act (appeal on a point of law)), the time for bringing an appeal has expired, or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
6
An applicant who is treated as having interim permission may not withdraw the application without first obtaining the consent of the Authority.
7
Where —
a
the Authority exercises its power under section 45 (variation etc. on the Authority’s own initiative) in relation to an authorised person who holds an interim permission; and
b
as a result of the variation there are no longer any regulated activities for which the authorised person has permission,
the Authority must, once it is satisfied that it is no longer necessary to keep the interim permission in force, cancel it.
Interim approval
5
1
This article applies where —
a
an applicant (within the meaning of article 4(1)) has submitted, before commencement, an application to the Authority under section 60 of the Act (applications for approval); and
b
the application has not been finally decided.
2
The person in respect of whom the application is made is to be treated as having at commencement the Authority’s approval for the purposes of section 59 of the Act (approval for particular arrangements) in relation to the functions to which the application relates.
3
An approval which an applicant is to be treated as having is referred to in this Order as an “interim approval”.
4
Without prejudice to the exercise by the Authority of its powers under Part 4 of the Act an interim approval lapses when the application has been finally decided.
5
In this article, “finally decided” means —
a
when the application is withdrawn;
b
when the Authority grants the application for approval under section 62 of the Act (applications for approval: procedure and right to refer to Tribunal);
c
where the Authority has refused an application and the matter is not referred to the Tribunal, when the time for referring the matter to the Tribunal has expired;
d
where the Authority has refused an application and the matter is referred to the Tribunal, when —
i
if the reference is determined by the Tribunal (including a determination following remission back to the Tribunal for rehearing in accordance with subsection (3)(a) of section 137 of the Act), the time for bringing an appeal has expired, or
ii
on an appeal from a determination by the Tribunal on a point of law, the Court itself determines the application in accordance with section 137 of the Act.
Application of the Authority’s rules etc. to persons with interim permission or interim approval
6
1
The Authority may direct in writing that any relevant provision which would otherwise apply to a person by virtue of his interim permission or interim approval is not to apply, or is to apply to him as modified in the way specified in the direction.
2
Where the Authority makes a rule, gives guidance or issues a statement or code which applies only to persons with an interim permission or an interim approval (or only to a class of such persons), sections 65 (statements and codes: procedure) and 155 (consultation) and subsection (3) of section 157 (guidance) of the Act do not apply to that rule, guidance, statement or code.
3
For the purposes of paragraph (1), a “relevant provision” is any provision made as a result of the exercise by the Authority of any of its legislative functions mentioned in paragraph 1(2) of Schedule 1 to the Act (the Financial Services Authority).
Application of the Act etc.
7
The Schedule modifies the application of the Act and the Principal Order in relation to persons with an interim permission or an interim approval.
Amendments to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001
8
1
Article 2 of the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 is amended as follows.
2
Omit the definitions of “occupational pension scheme” and “personal pension scheme”.
3
In the appropriate places insert —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;
“personal pension scheme” means a scheme or arrangement which is not an occupational pension scheme and which is comprised in one or more instruments or agreements, having or capable of having effect so as to provide benefits to or in respect of people —
on retirement,
on having reached a particular age, or
on termination of service in an employment;
.
Amendments to the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001
9
1
The Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001 is amended as follows.
2
In article 3(2)(h), omit “stakeholder”.
3
In article 4(3), for the definition of “occupational pension scheme”, substitute —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;
.
Amendment to the Financial Services and Markets Act 2000 (Exemption) Order 2001
10
In article 5(1)(h) of the Financial Services and Markets Act 2000 (Exemption) Order 2001 , omit “stakeholder”.
Amendment to the Financial Services and Markets Act 2000 (Professions)(Non-Exempt Activities) Order 2001
11
In article 4(e) of the Financial Services and Markets Act 2000 (Professions)(Non-Exempt Activities) Order 2001 , omit “stakeholder”.
Amendments to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005
12
1
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 is amended as follows.
2
In article 72(4) for the definition of “personal pension scheme” substitute —
“personal pension scheme” means a scheme or arrangement which is not an occupational pension scheme or a stakeholder pension scheme and which is comprised in one or more instruments or agreements, having or capable of having effect so as to provide benefits to or in respect of people —
on retirement,
on having reached a particular age, or
on termination of service in an employment.
.
3
For paragraph 20 (rights under a stakeholder pension scheme) of Part 2 of Schedule 1, substitute —
Rights under a pension scheme
20
1
Rights under a stakeholder pension scheme.
2
Rights under a personal pension scheme.
3
”Stakeholder pension scheme” and “personal pension scheme” have the meanings given by article 72(4).
.
4
In paragraph 28 (interpretation) of Part 2 of Schedule 1, for the definition of “occupational pension scheme”, substitute —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 but with paragraph (b) of the definition omitted;
.
Frank Roy
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 2006


text:
Citation and Interpretation
1
This Order may be cited as the Education Act 2005 (Commencement No. 2 and Transitional Provisions and Savings) Order 2006.
2
In this Order “the 2005 Act ” means the Education Act 2005.
Provisions coming into force
3
The following provisions of the 2005 Act shall come into force in relation to England and Wales on the day after this Order is made —
Section 65 to the extent that it brings section 28A(8) of the School Standards and Framework Act 1998 into force;
Section 66(6), (10) and (13); and
In Schedule 10, paragraphs 4(4) and 8.
4
The following provisions of the 2005 Act shall come into force in relation to England and Wales on 1 st September 2006 —
Section 64;
Section 65 fully;
Section 66 fully;
Section 67;
Section 68;
Section 69;
Section 72 to the extent that it relates to the paragraphs of Schedule 12 specified below;
Section 73;
In Schedule 10 —
paragraphs 1 to 3
paragraphs 4(1) to (3) and (5) to (7)
paragraphs 5 to 7; and
paragraphs 9 to 15;
Schedule 11;
In Schedule 12 —
paragraphs 1 to 8;
paragraphs 10 to 13;
paragraph 14 except to the extent that paragraph 14(14) omits paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998; and
paragraphs 15 to 16; and
In Schedule 19 —
Part 2, except to the extent that it repeals paragraph 16(6) of Schedule 7 to the School Standards and Framework Act 1998.
5
The following provisions of the 2005 Act shall come into force in relation to England only on 1 st September 2006 —
Section 70;
Section 71;
Section 72 to the extent that it relates to paragraph 9 of Schedule 12; and
In Schedule 12, paragraph 9.
Transitional Provisions and Savings
6
Despite the coming into force of sections 64 to 66 of the Act and the repeal of section 70 of, and Schedule 8 to, the Education Act 2002 —
a
the provisions of section 28 of the School Standards and Framework Act 1998 shall continue to apply in relation to proposals for the establishment of secondary schools where those proposals have been published before 1 September 2006, and
b
the provisions of section 70 of, and Schedule 8 to, the Education Act 2002 Act shall continue to apply in relation to proposals made under section 70 of the 2002 Act where the notice published pursuant to subsection (1) of that section was published before 1 September 2006.
7
Despite the coming into force of section 68 of the Act, that section shall not apply to Wales until the coming into force of regulations made by the National Assembly for Wales under section 24 of the Education Act 2002.
Beverley Hughes
Minister of State
Department for Education and Skills
31st July 2006


text:
Citation and Commencement
1
These Regulations may be cited as the Traffic Signs (Amendment) Regulations 2006 and shall come into force on 21st August 2006.
Amendment of the Traffic Signs Regulations 2002
2
1
The Traffic Signs Regulations 2002 shall be amended as follows.
2
In Schedule 4 after diagram 883 there shall be inserted diagrams 884 and 885 set out in the Schedule to these Regulations.
3
In Schedule 17 in column (2) of item 4, after “883,” there shall be inserted “884, 885,”.
Signed by authority of the Secretary of State
G. Merron
Parliamentary Under Secretary of State,
Department for Transport
26th July 2006