text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment)(Amendment) Regulations 2006 and shall come into force on 15th January 2007.
2
These Regulations apply in relation to England only except for regulation 22 which inserts provisions that apply in relation to Scotland, Wales and Northern Ireland.
3
These Regulations shall apply in relation to applications lodged or received by an authority, and any enforcement notice issued under section 172 of the Town and Country Planning Act 1990 , on or after the date these Regulations come into force.
Amendment of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999
2
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 are amended as set out in regulations 3 to 24.
Application of the Regulations
3
In regulation 1 (citation, commencement and application) —
a
in paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (4)”; and
b
after paragraph (3) add —
4
Regulations 36 to 38 shall apply in relation to Scotland, Wales and Northern Ireland respectively.
.
Amendment of regulation 2
4
1
In regulation 2(1) (interpretation) —
a
after the definition of “the 1995 Act” insert —
“any other information” means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;
“any particular person” includes any non-governmental organisation promoting environmental protection;
;
b
in the definition of “the consultation bodies” at the end of sub-paragraph (b) add —
v
other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Secretary of State, as the case may be, considers are likely to have an interest in the application;
;
c
in the definition of “environmental information” after “further information” insert “and any other information”;
d
in the definition of “exempt development” omit “which comprises or forms part of a project serving national defence purposes or”; and
e
after the definition of “the land” insert —
“by local advertisement”, in relation to a notice, means —
by publication of the notice in a newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and
where the relevant planning authority maintains a website for the purpose of advertisement of applications, by publication of the notice on the website;
“local development order” means a local development order made pursuant to section 61A of the Act ; and
“ LDO ” means a local development order.
2
In regulation 2(6) after “these Regulations” insert “except regulation 37”.
Amendment of regulation 4
5
In regulation 4 (general provisions relating to screening) for paragraph (4) substitute —
4
a
The Secretary of State may direct that these Regulations shall not apply to a particular proposed development specified in the direction either —
i
in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive), or
ii
if the development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes.
b
Where a direction is given under paragraph (4)(a) the Secretary of State must send a copy of any such direction to the relevant planning authority.
4A
Where a direction is given under paragraph (4)(a)(i) the Secretary of State must —
a
make available to the public the information considered in making the direction and the reasons for making the direction;
b
consider whether another form of assessment would be appropriate; and
c
take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.
.
Amendment of regulation 7
6
In regulation 7 (application made to a local planning authority without an environmental statement), after paragraph (2) insert —
2A
Where the relevant planning authority is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the relevant planning authority shall notify the applicant of any such person.
.
Amendment of regulation 8
7
In regulation 8 (application referred to the Secretary of State without an environmental statement), after paragraph (3) insert —
3A
Where the Secretary of State is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the Secretary of State shall notify the applicant of any such person.
.
Amendment of regulation 9
8
In regulation 9 (appeal to the Secretary of State without an environmental statement), after paragraph (4) insert —
4A
Where the Secretary of State is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the Secretary of State shall notify the appellant of any such person.
.
Amendment of regulation 13
9
In regulation 13 (procedure where an environmental statement is submitted to a local planning authority) —
a
in paragraphs (1) and (2)(a) for “three” substitute “two”; and
b
after paragraph (2), at the end, add —
d
where the relevant planning authority is aware of any particular person who is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, send a notice to such person containing the details set out in regulation 14(2)(b) to (j) and the name and address of the relevant planning authority.
.
Amendment of regulation 14
10
In regulation 14 (publicity where an environmental statement is submitted after the planning application), after paragraph (2) insert —
2A
Where the applicant has been notified under regulation 7(2A), 8(3A) or 9(4A) of such a person as mentioned in any of those paragraphs, he shall serve a notice on every person of whom he has been so notified; and the notice shall contain the information specified in paragraph (2), except that the date specified as the latest date on which the documents will be available for inspection shall not be less than 21 days later than the date on which the notice is first served.
.
Amendment of regulation 15
11
In regulation 15 (provision of copies of environmental statements and further information for the Secretary of State on referral or appeal), for “three” substitute “two”.
Amendment of regulation 16
12
In regulation 16(2) (procedure where an environmental statement is submitted to the Secretary of State) for “four” substitute “three”.
Amendment of regulation 19
13
In regulation 19 (further information and evidence respecting environmental statements) —
a
for paragraph (2) substitute —
Paragraphs (3) to (9) shall apply in relation to further information and any other information except in so far as the further information and any other information is provided for the purposes of an inquiry or hearing held under the Act and the request for the further information made pursuant to paragraph (1) stated that it was to be provided for such purposes;
;
b
in paragraph (3) after “pursuant to paragraph (1)” insert “or any other information”;
c
in paragraph (3)(d) to (g) and (j) and in paragraphs (4), (5) and (6) after “further information” insert “or any other information;
d
in paragraph (5) for “three” substitute “two”;
e
in paragraph (7) —
i
after “under paragraph (1)” insert “or any other information is provided”;
ii
after “further information” insert “or any other information”; and
f
in paragraphs (8) and (9) after “further information” insert “or any other information,”.
Amendment of regulation 20
14
In regulation 20 (availability of opinions, directions etc. for inspection), in paragraph (1)(g) after “further information” insert “and any other information”.
Amendment of regulation 21
15
In regulation 21(duties to inform the public and the Secretary of State of final decisions) —
a
in paragraph (1)(b) for “publishing a notice in a newspaper circulating in the locality in which the land is situated” substitute “local advertisement”;
b
in paragraph (1)(c)(ii) after “on which the decision is based” insert “including, if relevant, information about the participation of the public”; and
c
at the end of paragraph (1)(c)(iii) add —
iv
information regarding the right to challenge the validity of the decision and the procedures for doing so.
Amendment of regulation 22
16
In regulation 22 (development by a local planning authority), in paragraph (c) of regulation 13(1) as modified by paragraph (1)(e), for “three” substitute “two”.
Planning permission granted by local development order
17
After regulation 24 insert new regulation 24A —
Restriction of grant of planning permission by local development order
24A
1
This regulation applies to Schedule 2 development for which a local planning authority propose to grant planning permission by local development order.
2
Where this regulation applies, the local planning authority shall not make a LDO unless they have adopted a screening opinion or the Secretary of State has made a screening direction.
3
Paragraphs (4) to (6) apply where —
a
the local planning authority adopt a screening opinion; or
b
the Secretary of State makes a screening direction under these Regulations,
to the effect that the development is EIA development.
4
The local planning authority shall not make a local development order which would grant planning permission for EIA development unless —
a
an environmental statement has been prepared in relation to that development; and
b
the authority has first taken the environmental information into consideration, and they state in their decision that they have done so.
5
In a case to which this regulation shall have effect these Regulations shall apply subject to the following modifications —
a
regulations 3, 5 to 9 , 12, 15 and 16 shall not apply;
b
in regulation 4 —
i
paragraph (2)(a) shall not apply;
ii
in paragraph (2)(b) for “relevant” substitute “local”;
iii
in paragraph (4) for “relevant” substitute “local”;
iv
in paragraph (6) omit sub-paragraph (ii); and
v
in paragraph (9) for “relevant” substitute “local”;
c
for regulation 10(1) substitute —
“Where a proposed LDO is EIA development, the local planning authority, upon receiving a request, may state in writing its opinion as to the information to be provided in the environmental statement (“a scoping opinion”).”;
d
in regulation 11 in paragraphs (1)(a) and (3) for “relevant” substitute “local”;
e
for regulation 13 substitute —
Procedure where an environmental statement is prepared in relation to a local development order
13
1
Where a statement referred to as the environmental statement has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority shall —
a
send to the Secretary of State two copies of the statement;
b
send a copy of the statement to the consultation bodies and inform them that they may make representations; and
c
notify any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.
2
The local planning authority shall not make the local development order until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.
;
f
in regulation 14 —
i
omit paragraph (1);
ii
for paragraph (2) substitute —
The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating —
a
the name and address of the local planning authority;
b
the address or location and the nature of the development referred to in the proposed LDO;
c
that a copy of the draft LDO and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
d
an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);
e
an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained;
f
that copies may be obtained there so long as stocks last;
g
if a charge is to be made for a copy, the amount of the charge; and
h
that any person wishing to make representations about the LDO should make them in writing, before the date specified in accordance with sub-paragraph (d), to the local planning authority.
;
iii
in paragraph (3) —
aa
omit “The applicant” and substitute “The local planning authority” and
bb
omit “he” and “him” and substitute “the authority”; and
iv
omit paragraphs (5) to (8);
g
For regulation 17 substitute —
Availability of copies of environmental statements
17
The local planning authority shall ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority proposes to grant planning permission by a local development order are available at —
a
their principal office during normal office hours; and
b
at such other places within their area as they consider appropriate.
;
h
in regulation 19 —
i
for paragraph (1) substitute —
1
Where a statement referred to as an environmental statement for the purposes of these Regulations has been submitted and the local planning authority is of the opinion that the statement should contain additional information in order to be an environmental statement, the local planning authority shall ensure that additional information is provided and such information provided is referred to in these Regulations as “further information”
;
ii
for paragraph (3) substitute —
3
The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating —
a
the name and address of the local planning authority;
b
the address or location and the nature of the development referred to in the proposed LDO;
c
that further information is available in relation to an environmental statement which has already been provided;
d
that a copy of the further information may be inspected by members of the public at all reasonable hours;
e
an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);
f
an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained;
g
that copies may be obtained there so long as stocks last;
h
if a charge is to be made for a copy, the amount of the charge;
i
that any person wishing to make representations about the further information should make them in writing, before the date specified in accordance with sub-paragraph (e), to the local planning authority;
j
the address to which representations should be sent.
;
iii
for paragraph (4) substitute —
The local planning authority shall send a copy of the further information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Secretary of State.
;
iv
omit paragraphs (5) and (6);
v
for paragraph (7) substitute —
Where information is provided under paragraph (1) the local planning authority shall not make the LDO before the expiry of 14 days after the date on which the further information was sent to all persons to whom the statement which it relates was sent or the expiry of 21 days after the date that notice of it was published in a local newspaper, whichever is the later.
;
vi
in paragraph (8) —
aa
omit “The applicant or appellant who provides further information in accordance with paragraph (1)” and substitute “The local planning authority”; and
bb
after “number of copies of the” insert “further”;
vii
for paragraph (10) substitute —
The local planning authority may in writing require such evidence to be provided as it may reasonably call for to verify any information in the environmental statement.
;
i
in regulation 20 —
i
for paragraph (1) substitute —
1
Where particulars of a draft local development order are placed on Part III of the register, the local planning authority shall take steps to secure that there is also placed on that Part a copy of any relevant —
a
scoping opinion;
b
screening opinion;
c
screening direction;
d
direction under regulation 4(4);
e
the statement referred to as the environmental statement including any further information;
f
statement of reasons accompanying any of the above.
;
ii
omit paragraph (2);
j
in regulation 21 —
i
in paragraph (1) for “Where an EIA application is determined by a local planning authority” substitute “Where a local planning authority make a local development order which is EIA development”; and
ii
omit paragraphs (2) and (3); and
k
in regulation 27 —
i
in paragraph (1) for sub-paragraph (a) substitute —
a
it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which a local planning authority propose to grant planning permission by a local development order is likely to have significant effects on the environment in another EEA state; or
; and
ii
in paragraphs (3) and (6) for “application” substitute “proposed local development order”.
6
In paragraphs (6)(b)(i),and (c)(i) and paragraph (12) of article 2B of the Order after “local development order” insert “the environmental statement” in each place where the words occur.
Amendment of regulation 25
18
In regulation 25 (unauthorised development) —
a
in paragraph (4) after subparagraph (b) add —
and
c
any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 25 notice.
;
b
in paragraph (12)(b), after “any further information,” insert “any other information”;
c
in paragraph (15), after “paragraph 14” insert “and any other information”;
d
in paragraph (16) —
i
after “paragraph (13)(a)” insert “or any other information”;
ii
for “in a local newspaper circulating in the locality in which the land is situated” substitute “by local advertisement”; and
iii
in sub-paragraphs (c), (d) and (e) after “further information” insert “or any other information”; and
e
in paragraph (17), for “in a named newspaper” substitute “by local advertisement”.
Amendment of regulation 27
19
In regulation 27 (development in England and Wales likely to have significant effects in another EEA State) —
a
in paragraph (4)(a) after “in paragraphs (2) and (3)” insert “and any further information and any other information”;
b
in paragraph (6)(b) after “on which the decision is based” insert “including, if relevant, information about the participation of the public”.
Amendment of regulation 28
20
In regulation 28 (projects in another EEA State likely to have significant transboundary effects) —
a
in paragraph (1) after “Article” insert “7(1) or”;
b
at the end of paragraph (2)(a) omit “and”; and
c
at the end of paragraph (2)(b), add —
and
c
so far as he has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of the relevant EEA State; and in particular —
i
any conditions attached to it;
ii
the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and
iii
a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.
.
Consequential Amendment
21
In regulation 32(2) (extension of the period for an authority’s decision on a planning application), for sub-paragraph (a) substitute —
a
for each of the references in paragraph (2)(a) and (b) of that article to a period of 13 and 8 weeks respectively there were substituted a reference to a period of 16 weeks;
Projects serving national defence projects in Scotland, Wales and Northern Ireland
22
After Regulation 35 add —
Projects serving national defence purposes in Scotland
36
1
If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with the Environmental Impact Assessment (Scotland) Regulations 1999 would have an adverse effect on those purposes the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.
2
The Secretary of State shall notify the Scottish Ministers prior to making a direction.
3
The Secretary of State shall send a copy of the direction to the Scottish Ministers and the relevant planning authority.
Projects serving national defence purposes in Wales
37
1
If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations as amended for Wales would have an adverse effect on those purposes the Secretary of State may direct that these Regulations as amended for Wales shall not apply to a project specified in the direction.
2
The Secretary of State shall notify the National Assembly for Wales prior to making a direction.
3
The Secretary of State shall send a copy of the direction to the National Assembly for Wales and the relevant planning authority.
Projects serving national defence purposes in Northern Ireland
38
1
If a development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 would have an adverse effect on those purposes the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.
2
The Secretary of State shall notify the Department of the Environment prior to making a direction.
3
The Secretary of State shall send a copy of the direction to the relevant planning authority.
Amendment of Schedule 1
23
In Schedule 1, after paragraph 20, add —
21
Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.
.
Amendment of Schedule 2
24
In Schedule 2, in paragraph 13(a) in column 1 (description of development), after “in Schedule 1” insert “(other than a change or extension falling within paragraph 21 of that Schedule)”.
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Department for Communities and Local Government
11th December 2006


type: legislation

jurisdiction: UK

text:
Citation, Commencement and Interpretation
1
1
These Regulations may be cited as the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Amendment Regulations 2006 and shall come into force on the day after the day on which they are made or on 26th July 2006, whichever is the later.
2
In these Regulations “the principal Regulations ” means the Pensions Appeal Tribunals (Armed Forces and Reserve Forces Compensation Scheme) (Rights of Appeal) Regulations 2005 .
Amendments to regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations —
a
after the definition of “specified decision” the word “and” shall be omitted; and
b
after the definition of “interim award” there shall be added —
“permanent award” means a permanent award of benefit made pursuant to Article 20 (4) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ; and
“temporary award” means a temporary award of benefit made pursuant to Article 20 (1) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
.
Amendments to regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations —
a
in paragraph (1) —
i
after subparagraph (a) the word “or” shall be omitted,
ii
in subparagraph (b), after “benefit,” the word “or” shall be inserted, and
iii
after subparagraph (b) there shall be inserted —
c
whether a permanent award is made,
; and
b
in paragraph (2) —
i
after subparagraph (a) the word “or” shall be omitted,
ii
in subparagraph (b), after “benefit,” the word “or” shall be inserted, and
iii
after subparagraph (b) there shall be inserted —
c
determines whether a temporary award should be made,
.
Signed by the authority of the Secretary of State for Defence
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
30th October 2006


text:
Citation
1
This Order may be cited as the Bradford Cathedral Community College (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Bradford Cathedral Community College, Lister Avenue, Bradford, BD4 7QT, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Private Hire Vehicles)(Carriage of Guide Dogs etc.)(England and Wales)(Amendment) Regulations 2006 and shall come into force on 17th July 2006.
Amendments
2
1
The Disability Discrimination Act 1995 (Private Hire Vehicles)(Carriage of Guide Dogs etc.)(England and Wales) Regulations 2003 shall be amended as follows.
2
For paragraph (2) of regulation 2 there shall be substituted —
2
The prescribed manner of exhibiting a notice of exemption for the purposes of section 37A(8)(b) of the 1995 Act shall be —
a
by displaying it —
i
on the nearside of and immediately behind the windscreen of the private hire vehicle facing outwards; and
ii
in a manner that readily permits its removal;
b
so that —
i
its front is clearly visible from the outside of the private hire vehicle; and
ii
its back is clearly visible from the driver’s seat of the private hire vehicle.
.
3
For Part 2 of Schedule 1 there shall be substituted the content of Schedule 1 to these Regulations.
4
For Part 2 of Schedule 2 there shall be substituted the content of Schedule 2 to these Regulations.
Signed by the authority of the Secretary of State for Transport
Gillian Merron
Parliamentary Under Secretary of State
Department for Transport
16th June 2006


text:
Citation, application and commencement
1
These Regulations, which apply to England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2006 and shall come into force on 1st October 2006.
Amendments to the Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005
2
1
The Non-Domestic Rating (Alteration of Lists and Appeals) (England) Regulations 2005 are amended as follows.
2
In regulation 4(3)(b)(i) (Circumstances in which proposals may be made) after “(or a person having a qualifying connection with that person)” insert “, acting in the same capacity,”.
3
In regulation 5(2)(b) (Periods in which proposals may be made: 2005 and subsequent lists) for “only be made within six months of” substitute “be made no later than six months after”.
4
In regulation 6 (Proposals: general) —
a
in paragraph (1)(b)(i) after “person” insert “and, if so, the capacity in which he makes the proposal”;
b
in paragraph (1)(e)(vi) —
i
for “(i) and (l)” substitute “(i) to (l)”, and
ii
after “occupy,” insert “other than a proposal made by a relevant authority or a person described in regulation 4(2)(c),”;
c
for paragraph (3) substitute —
3
The information required by paragraph (1)(e)(vi) is —
a
where the proposer is the occupier, the amount payable each year by the proposer, as at the date of the proposal, in respect of the lease, easement or licence to occupy; and
b
where the proposer is not the occupier, the amount payable each year to the proposer, as at the date of the proposal, in respect of the lease, easement or licence to occupy.
.
5
In regulation 8 (Invalid proposals) —
a
for paragraph (1) substitute —
1
Subject to paragraphs (1A) to (1C), where the valuation officer is of the opinion that a proposal has not been validly made, he may, at any time after its service on him, serve notice (an “invalidity notice”) on the proposer that he is of that opinion and stating —
a
the reasons for that opinion; and
b
the effect of paragraphs (3) to (6).
1A
The valuation officer may not issue an invalidity notice after any —
a
notice has been given under regulation 25(2) that all parties have given their agreement that an appeal may be disposed of on the basis of written representations;
b
notice has been given under regulation 27(1) of the date, time and place appointed for the hearing by the valuation tribunal of an appeal arising from the proposal; or
c
agreement has been reached under regulation 38(1).
1B
The valuation officer may not serve an invalidity notice more than four weeks after the proposal to which it relates was served on him other than with the consent of the proposer, given by notice in writing.
1C
Where an invalidity notice is served —
a
if it is served more than four weeks after the proposal to which it relates was served on the valuation officer but before a disagreement as to the proposed alteration has been referred to the relevant valuation tribunal under regulation 13 —
i
the invalidity notice shall state the effect of paragraph (9A); and
ii
the valuation officer shall serve a copy of the invalidity notice on any person who has been served a copy of the proposal to which it relates under regulation 9 and on any interested person who has served notice under regulation 11(3)(a); or
b
if a disagreement as to the proposed alteration has been referred to the relevant valuation tribunal under regulation 13 —
i
the invalidity notice shall state the effect of regulation 23(2);
ii
the valuation officer shall serve a copy of the invalidity notice on any person who has been served a copy of the proposal to which it relates under regulation 9 and on any interested person who has served notice under regulation 11(3)(a); and
iii
the valuation officer shall inform the clerk of the relevant valuation tribunal that the invalidity notice has been served and of any withdrawal of that notice under paragraph (2).
;
b
for paragraph (5) substitute —
5
Where a proposal is made under paragraph (3)(a) —
a
the proposal in respect of which the invalidity notice was served shall be treated as withdrawn; and
b
where a disagreement as to the proposed alteration has been referred to the relevant valuation tribunal under regulation 13 as an appeal that appeal shall be treated as withdrawn.
;
c
in paragraph (9) for “Until” substitute “Subject to paragraph (9A), until”;
d
after paragraph (9) insert —
9A
Where an invalidity notice is served more than four weeks after the service of the proposal to which it relates, any period of time in regulations 9 to 13 which has started to run —
a
shall cease to run with effect from the date of service of the notice until it is finally decided that the proposal was validly made; and
b
where it is finally decided as so mentioned, shall start to run again with effect from the date of that final decision as if there had been no interruption.
;
e
in paragraph (10), for “paragraph (9)”, substitute “paragraphs (9) and (9A)”.
6
In regulation 14 (Time from which alteration is to have effect: 2005 and subsequent lists) after paragraph (5) insert —
5A
For the purposes of paragraph (5)(a), a proposal which is made under regulation 8(3)(a) shall be deemed to have been served on the valuation officer on the day on which the proposal to which the invalidity notice relates was served.
.
7
After regulation 17 insert —
PART 2A Alteration of 1995 local rating lists etc
Proposals relating to 1995 lists
17A
1
In this regulation —
“1995 list” means a local non-domestic rating list compiled on 1st April 1995; and
“2000 list” means a local non-domestic rating list compiled on 1st April 2000.
2
Where, on or before 31st March 2006, a valuation officer altered a 2000 list for 1st April 2000 (otherwise than in pursuance of a proposal) so as to show in it, or delete from it, a hereditament which, since the list was compiled, had come into existence or ceased to exist, a proposal to alter a 1995 list for 31st March 2000 to the same effect may be made.
3
Subject to paragraphs (4) to (6), Part 2 of these Regulations shall apply in relation to a proposal made by virtue of paragraph (2) as if any reference to a list or a list compiled on or after 1st April 2005 were a reference to a 1995 list.
4
The following regulations shall not apply in relation to a proposal made by virtue of paragraph (2) —
a
regulation 4(1)(a) to (j) and (m) to (o);
b
regulation 6(1)(e)(vi); and
c
regulation 14.
5
Regulation 5(1) shall apply as if “1st April 2007” were substituted for the words “the day on which the next list is compiled”.
6
An alteration to a 1995 list made by virtue of this regulation shall have effect from 31st March 2000.
7
Part 5 of these Regulations shall apply for the purposes of an appeal under regulation 8 or 13 in connection with a proposal made by virtue of paragraph (2) as if any reference to a list included a reference to the 1995 list.
8
Regulation 41(2) shall not apply to a record in relation to the 1995 list made under regulation 41(1) and any such record shall be retained until 31st March 2016.
.
8
In regulation 24(1) after “8(2)” insert “or (5)(b)”.
Signed by authority of the Secretary of State
Phil Woolas
Minister of State
Department for Communities and Local Government
23rd August 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Clinical Trials) Amendment Regulations 2006 and shall come into force on 29th August 2006.
2
In these Regulations, the “ principal Regulations ” means the Medicines for Human Use (Clinical Trials) Regulations 2004 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1) —
a
in the definition of “chief investigator”, in sub-paragraph (b), omit “care”;
b
for the definition of “ EEA State” substitute the following definition —
“EEA State” means a Member State, Norway, Iceland or Liechtenstein;
;
c
omit the definition of “EEA Agreement”; and
d
after the definition of “export”, insert the following definition —
“the GCP Directive” means Commission Directive 2005/28/ EC laying down principles and detailed guidelines for good clinical practice as regards investigational medicinal products for human use, as well as the requirements for authorisation of the manufacturing or importation of such products ;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (sponsor of a clinical trial) —
a
in paragraph (11), in sub-paragraph (a), for “the European Community” substitute “an EEA State”; and
b
after paragraph (11), insert the following paragraph —
12
A person who is a sponsor of a clinical trial in accordance with this regulation may delegate any or all of his functions under these Regulations to any person but any such arrangement shall not affect the responsibility of the sponsor.
.
Insertion of regulation 3A of the principal Regulations
4
After regulation 3 of the principal Regulations (sponsor of a clinical trial) insert the following regulation —
Sponsor’s responsibility for the investigator’s brochure
3A
The sponsor of a clinical trial shall —
a
ensure that the investigator’s brochure for that trial, and any update of that brochure, presents the information it contains in a concise, simple, objective, balanced and non-promotional form that enables a clinician or potential investigator to understand it and make an unbiased risk-benefit assessment of the appropriateness of the proposed clinical trial; and
b
validate and update the investigator’s brochure at least once a year.
.
Amendment of regulation 4 of the principal Regulations
5
In regulation 4 of the principal Regulations (responsibility for functions under the Directive), in paragraphs (1) and (2), after “the Directive”, in both places those words appear, insert “ and the GCP Directive”.
Amendment of regulation 7 of the principal Regulations
6
In regulation 7 of the principal Regulations (recognition of ethics committees), in paragraph (5), in sub-paragraph (c), for “(5)” substitute “(4)”.
Amendment of regulation 12 of the principal Regulations
7
In regulation 12 of the principal Regulations (requirement for authorisation and ethics committee opinion), in paragraph (3), in sub-paragraph (a), after “ethics committee” insert “to which an application in relation to the trial may be made in accordance with regulation 14”.
Amendment of regulation 13 of the principal Regulations
8
In regulation 13 of the principal Regulations (supply of investigational medicinal products for the purpose of clinical trials), in paragraph (2), in sub-paragraph (b), for head (i) substitute —
i
the product has been manufactured, assembled or imported —
aa
in accordance with the terms of a manufacturing authorisation,
bb
in accordance with the terms of an authorisation referred to in Article 13 of the Directive granted by a competent authority of an EEA State other than the United Kingdom, or
cc
in the case of assembly only, under the exemption in regulation 37, and
.
Amendment of regulation 15 of the principal Regulations
9
In regulation 15 of the principal Regulations (ethics committee opinion), in paragraph (5) —
a
in sub-paragraph (b), for “paragraph 2” substitute “paragraph 10”;
b
in sub-paragraph (e), after “investigator’s brochure” insert “ or, where the investigational medicinal product has a marketing authorization and the product is to be used in accordance with the terms of that authorization, the summary of product characteristics relating to that product”; and
c
in sub-paragraph (h) —
i
after “include” insert “ minors or”, and
ii
for “Part 5” substitute “Part 4 or Part 5 respectively”.
Amendment of regulation 16 of the principal Regulations
10
In regulation 16 of the principal Regulations (review and appeal relating to ethics committee opinion), in paragraph (1), for “13” substitute “14”.
Amendment of regulation 17 of the principal Regulations
11
In regulation 17 of the principal Regulations (request for authorisation to conduct a clinical trial) —
a
in paragraph (2), for “A” substitute “Subject to paragraph (2A), a”; and
b
after paragraph (2), insert the following paragraph —
2A
No fee need accompany a request where arrangements have been made with the licensing authority for payment of the fee referred to in paragraph (2)(b)(ii) other than at the time of request.
.
Amendment of regulation 23 of the principal Regulations
12
In regulation 23 of the principal Regulations (amendments by the licensing authority), in paragraph (1), for “(1) and (2)” substitute “(2) and (3)”.
Amendment of regulation 24 of the principal Regulations
13
In regulation 24 of the principal Regulations (amendments by the sponsor), in paragraph (10) —
a
before the definition of “valid notice of amendment”, insert the following definition —
“any relevant fee” means, in relation to a notice of amendment, any fee which may be payable in connection with that notice under the Medicines (Products for Human Use — Fees) Regulations 1995 ; and
; and
b
in the definition of “valid notice of amendment”, in paragraph (b), for sub-paragraph (ii) substitute the following sub-paragraph —
ii
unless arrangements have been made with the licensing authority for the payment of any relevant fee other than at the time of the request, any such fee.
.
Insertion of regulation 27A of the principal Regulations
14
After regulation 27 of the principal Regulations (conclusion of trial) insert the following regulation —
Information sharing
27A
The licensing authority and an ethics committee may disclose to each other any information acquired in carrying out their respective functions under these Regulations where disclosing such information may assist the other body in carrying out its functions under these Regulations.
.
Amendment of regulation 29 of the principal Regulations
15
In regulation 29 of the principal Regulations (conduct of trial in accordance with clinical trial authorisation etc. ), in paragraph (c), for “24(4)” substitute “24(5)”.
Insertion of regulation 29A of the principal Regulations
16
After regulation 29 of the principal Regulations (conduct of trial in accordance with clinical trial authorisation etc.), insert the following regulation —
Notification of serious breaches
29A
1
The sponsor of a clinical trial shall notify the licensing authority in writing of any serious breach of —
a
the conditions and principles of good clinical practice in connection with that trial; or
b
the protocol relating to that trial, as amended from time to time in accordance with regulations 22 to 25,
within 7 days of becoming aware of that breach.
2
For the purposes of this regulation, a “serious breach” is a breach which is likely to effect to a significant degree —
a
the safety or physical or mental integrity of the subjects of the trial; or
b
the scientific value of the trial.
.
Amendment of regulation 31 of the principal Regulations
17
In regulation 31 of the principal Regulations (suspension or termination of clinical trial), in paragraph (1), in paragraph (a), in head (ii), for “24(4)” substitute “24(5)”.
Insertion of regulation 31A of the principal Regulations
18
After regulation 31 of the principal Regulations (suspension or termination of clinical trial), insert the following regulation —
Trial master file and archiving
31A
1
The sponsor shall keep a trial master file for a clinical trial.
2
The sponsor shall ensure that the trial master file is readily available at all reasonable times for inspection by the licensing authority or any person appointed by the sponsor to audit the arrangements for the trial.
3
The master file shall at all times contain the essential documents relating to that clinical trial.
4
The essential documents relating to a clinical trial are those which —
a
enable both the conduct of the clinical trial and the quality of the data produced to be evaluated; and
b
show whether the trial is, or has been, conducted in accordance with the applicable requirements of Directive 2001/83/EC , the Directive, the GCP Directive and Commission Directive 2003/94/EC .
5
The essential documents shall contain information specific to each phase of the trial.
6
The sponsor shall ensure that any alteration to a document contained, or which has been contained, in the trial master file shall be traceable.
7
The sponsor and the chief investigator shall ensure that the documents contained, or which have been contained, in the trial master file are retained for at least 5 years after the conclusion of the trial and that during that period are —
a
readily available to the licensing authority on request; and
b
complete and legible.
8
The sponsor and chief investigator shall ensure that the medical files of trial subjects are retained for at least 5 years after the conclusion of the trial.
9
The sponsor shall appoint named individuals within his organisation to be responsible for archiving the documents which are, or have been, contained in the trial master file and, subject to paragraph (2), access to those documents shall be restricted to those appointed individuals.
10
If there is transfer of ownership of data or documents connected with the clinical trial —
a
the sponsor shall record the transfer; and
b
the new owner shall be responsible for data retention and archiving in accordance with paragraphs (2), (7) and (8).
11
For the purposes of this regulation, an individual is an individual within the sponsor’s organisation where —
a
he is employed or engaged by the sponsor;
b
he is acting under arrangements made with the sponsor for the purposes of managing or conducting the clinical trial;
c
where the sponsor is an individual, he is the sponsor; or
d
where the sponsor is a body of persons, he is —
i
a member of the body, or
ii
employed or engaged by such a member.
.
Amendment of regulation 38 of the principal Regulations
19
In regulation 38 of the principal Regulations (application for manufacturing authorisation) —
a
in paragraph (3), for “Every” substitute “Subject to paragraph (3A), every”; and
b
after paragraph (3), insert the following paragraph —
3A
No fee need accompany an application for the grant of a manufacturing authorisation where arrangements have been made with the licensing authority for the payment of the fee referred to in paragraph (3)(b) other than at the time of the application.
.
Amendment of regulation 40 of the principal Regulations
20
In regulation 40 of the principal Regulations (grant or refusal of manufacturing authorisation), in paragraph (1), in sub-paragraph (a), for head (ii) substitute —
ii
has at his disposal —
aa
the services of staff, and
bb
suitable and sufficient premises, technical equipment and control facilities,
complying with the requirements of Commission Directive 2003/94/EC , as regards the manufacture or import, and control, of the products to which the authorisation relates and the storage of such products,
.
Amendment of regulation 41 of the principal Regulations
21
In regulation 41 of the principal Regulations (application and effect of manufacturing authorisation) —
a
in paragraph (b), omit “and”; and
b
after paragraph (b), insert the following paragraph —
bb
in the case of an authorisation relating to the inactivation of viral or non-conventional agents, the manufacturing process; and
.
Amendment of regulation 42 of the principal Regulations
22
For regulation 42 of the principal Regulations (obligations of manufacturing authorisation holder), substitute —
42
The holder of a manufacturing authorisation shall —
a
comply with the principles and guidelines of good manufacturing practice;
b
comply with the provisions referred to in regulation 40(3);
c
allow the licensing authority access to his premises at any reasonable time; and
d
put and keep in place arrangements which enable the qualified person to carry out his duties, including placing at his disposal all the necessary facilities.
.
Amendment of regulation 44 of the principal Regulations
23
In regulation 44 of the principal Regulations (variation of manufacturing authorisation) —
a
in paragraph (2), in sub-paragraph (a) —
i
substitute “change — ” for “change the — ”
ii
after head (ii), insert the following head —
iia
the manufacturing process,
,
iii
in head (iv), after “facilities,”, insert “or”, and
iv
after head (iv), insert the following head —
v
the staff, including the qualified person,
; and
b
for paragraph (8), substitute the following paragraph —
8
In this regulation —
“any relevant fee” means, in relation to an application to vary a manufacturing authorisation, any fee which may be payable in connection with that application under the Medicines (Products for Human Use — Fees) Regulations 1995 ; and
“valid application” means an application —
made to the licensing authority,
in writing and signed by or on behalf of the applicants,
specifying the variation requested by the applicant,
accompanied by —
such particulars as are necessary to enable the licensing authority to consider the application, and
unless arrangements have been made with the licensing authority for the payment of any relevant fee other than at the time of the application, any such fee, and
where the application, and any accompanying material, is in the English language.
.
Amendment of regulation 46 of the principal Regulations
24
In regulation 46 of the principal Regulations (labelling), in paragraph (2), in sub-paragraph (b), for “an authorised” substitute “a”.
Amendment of regulation 48 of the principal Regulations
25
In regulation 48 of the principal Regulations (infringement notices), in paragraph (4) —
a
after “regulations”, insert “ 3A, 12(1),”;
b
after “29,”, insert “ 29A,”; and
c
after “30(2)”, insert “, 31A”.
Amendment to regulation 49 of the principal Regulations
26
In regulation 49 of the principal Regulations (offences), in paragraph (1) —
a
re-number sub-paragraph (a) as sub-paragraph (aa);
b
before sub-paragraph (aa), insert the following sub-paragraph —
a
regulation 3A;
;
c
after sub-paragraph (e), insert the following sub-paragraph —
ee
regulation 29A;
; and
d
after sub-paragraph (f), insert the following sub-paragraph —
ff
regulation 31A(1) to (3) and (5) to (10);
.
Amendment of Schedule 1 to the principal Regulations
27
Schedule 1 to the principal Regulations (conditions and principles of good clinical practice and for the protection of clinical trial subjects) shall be amended as follows.
1
In Part 1 (application and interpretation), in paragraph 2 —
i
in the definition of “legal representative”, in paragraph (a) —
aa
in sub-paragraph (i), for “involved in” substitute “connected with”, and
bb
in sub-paragraph (ii), in head (aa), after “adult” insert “or that minor”; and
ii
in the definition of “parental responsibility”, in paragraph (b), for “1985” substitute “1995”.
2
For Part 2 (conditions and principles which apply to all clinical trials), substitute the following —
PART 2
CONDITIONS AND PRINCIPLES WHICH APPLY TO ALL CLINICAL TRIALS
Principles based on Articles 2 to 5 of the GCP Directive
1
The rights, safety and well-being of the trial subjects shall prevail over the interests of science and society.
2
Each individual involved in conducting a trial shall be qualified by education, training and experience to perform his tasks.
3
Clinical trials shall be scientifically sound and guided by ethical principles in all their aspects.
4
The necessary procedures to secure the quality of every aspect of the trial shall be complied with.
5
The available non-clinical and clinical information on an investigational medicinal product shall be adequate to support the proposed clinical trial.
6
Clinical trials shall be conducted in accordance with the principles of the Declaration of Helsinki.
7
The protocol shall provide for the definition of inclusion and exclusion of subjects participating in a clinical trial, monitoring and publication policy.
8
The investigator and sponsor shall consider all relevant guidance with respect to commencing and conducting a clinical trial.
9
All clinical information shall be recorded, handled and stored in such a way that it can be accurately reported, interpreted and verified, while the confidentiality of records of the trial subjects remains protected.
Conditions based on Article 3 of the Directive
10
Before the trial is initiated, foreseeable risks and inconveniences have been weighed against the anticipated benefit for the individual trial subject and other present and future patients. A trial should be initiated and continued only if the anticipated benefits justify the risks.
11
The medical care given to, and medical decisions made on behalf of, subjects shall always be the responsibility of an appropriately qualified doctor or, when appropriate, of a qualified dentist.
12
A trial shall be initiated only if an ethics committee and the licensing authority comes to the conclusion that the anticipated therapeutic and public health benefits justify the risks and may be continued only if compliance with this requirement is permanently monitored.
13
The rights of each subject to physical and mental integrity, to privacy and to the protection of the data concerning him in accordance with the Data Protection Act 1998 are safeguarded.
14
Provision has been made for insurance or indemnity to cover the liability of the investigator and sponsor which may arise in relation to the clinical trial.
.
3
In Part 4 (conditions and principles which apply in relation a minor), in paragraph 1, for “Subject to paragraph 6, a” substitute “A”.
Amendment of Schedule 2 to the principal Regulations
28
In Schedule 2 to the principal Regulations (additional provisions relating to ethics committees) —
a
in paragraph 1 (interpretation), in the definition of “appointing authority” —
i
in sub-paragraph (b), omit “or”,
ii
in sub-paragraph (c), for “the Authority;” substitute “the Authority, or”,
iii
after sub-paragraph (c), insert the following sub-paragraph —
d
in relation to the Gene Therapy Advisory Committee, the Secretary of State;
;
b
in paragraph 6 (committees, meetings and proceedings), after sub-paragraph (4), insert —
5
An ethics committee shall retain all the documents relating to a clinical trial on which it gives an opinion for —
a
where the trial proceeds, at least three years from the conclusion of the trial; or
b
where the trial does not proceed, at least three years from the date of the opinion.
; and
c
in paragraph 8 (deputies and co-opted members), in sub-paragraph (6), for “(4)” substitute “(5)”.
Amendment of Schedule 3 to the principal Regulations
29
In Schedule 3 to the principal Regulations (particulars and documents that must accompany an application for an ethics committee opinion, a request for authorisation, a notice of amendment and a notification of the conclusion of a trial) —
a
in Part 2 (request for authorisation), in paragraph 1, in sub-paragraph (b), for “the European Community” substitute “an EEA State”;
b
in Part 3 (notice of amendment) —
i
in paragraph 1, in sub-paragraph (b), for “the European Community” substitute “an EEA State”, and
ii
in paragraph 2, in sub-paragraph (b), for “the number” substitute “any number”; and
c
in Part 4 (notification of conclusion of a clinical trial) —
i
in paragraph 1, in sub-paragraph (b), for “the European Community” substitute “an EEA State”, and
ii
in paragraph 2, in sub-paragraph (b), for “the number” substitute “any number”.
Amendment of Schedule 4 to the principal Regulations
30
In Schedule 4 to the principal Regulations (appeal against unfavourable ethics committee opinion) —
a
in paragraph 1, in sub-paragraph 1, after “regulation 16(3)”, insert “, (4)(b)”;
b
in paragraph 4, in sub-paragraph (2) —
i
in head (d), for “(6)” substitute “(5)”, and
ii
in head (f) —
aa
omit “on a review”, and
bb
for “(5)” substitute “(6)”; and
c
in paragraph 5, for “11” substitute “12”.
Amendment of Schedule 6 to the principal Regulations
31
In Schedule 6 to the principal Regulations (particulars that must accompany an application for a manufacturing authorisation) —
a
for paragraph 2 substitute —
2
A statement describing the types of investigational medicinal product in respect of which the authorisation is required, including their pharmaceutical forms.
; and
b
after paragraph 3, insert the following paragraph —
3A
Where the application relates to the inactivation of viral or non-conventional agents, a statement of the manufacturing process to which the authorisation is to relate.
.
Amendment of Schedule 9 to the principal Regulations
32
In Schedule 9 to the principal Regulations (modifications of the enforcement provisions of the Act subject to which those provisions are applied for the purposes of these Regulations), in paragraph 5 for “England and Wales” substitute “Northern Ireland”.
Amendment of Schedule 12 to the principal Regulations
33
In Schedule 12 to the principal Regulations (transitional provisions) —
a
in paragraph 1 —
i
in sub-paragraph (2), in head (b), for “(3)” substitute “(4)”,
ii
in sub-paragraph (6), after “opinion in relation” insert “ to”, and
iii
in sub-paragraph (7), for “(a)” substitute “(b)”; and
b
in paragraph 6, in sub-paragraph (1), in head (a), after “conducted” insert “after”.
Signed by authority of the Secretary of State for Health
Andrew Burnham
Minister of State
Department of Health
13th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2006 and come into force on 31st December 2006.
Amendment to the Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003
2
1
The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “consultation bodies” —
i
at the end of paragraph (b), omit “and”;
ii
at the end of paragraph (c), add “and”; and
iii
after paragraph (c), add —
d
other bodies designated by statutory provision as having specific environmental responsibilities which the Agency or the appropriate Minister, as the case may be, considers likely to have an interest in the application;
;
b
in the definition of “the EIA Directive”, after “ 97/11/ EC ”, insert “and Directive 2003/35/EC of the European Parliament and the Council providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/ EEC and 96/61/EC ;”;
c
at the end of the definition of “EIA Directive”, omit “and”;
d
at the end of the definition of “relevant project”, insert “and”; and
e
after the definition of “relevant project” add —
“the restriction on abstraction” means the restriction imposed by section 24(1) of the 1991 Act .
.
3
In regulation 3 (requirement for an environmental impact assessment), in paragraph (2)(b), for “the amounts abstracted exceed 20 cubic metres in any period of 24 hours”, substitute “the abstraction is one which does not fall within the exception provided in section 27(1) of the 1991 Act in relation to the restriction on abstraction”.
4
In regulation 6 (environmental statement, and opinions of the Agency on the contents of an environmental statement), in paragraph (5), for “regulation 4 of the Environmental Information Regulations 1992”, substitute “regulations 12(1) or 13(1) of the Environmental Information Regulations 2004 ”.
5
For regulation 7 (publicity for environmental statement) substitute —
Publicity for environmental statement and related information
7
1
Where an environmental statement is provided in accordance with regulation 5 including where any further information is provided in accordance with regulation 6(7), the Agency shall publish, on its website and in at least one newspaper circulating in the locality of the relevant project, a notice —
a
stating —
i
the applicant’s name;
ii
that he has made an application to which these Regulations apply; and
iii
that he has provided the Agency with an environmental statement in accordance with regulation 5 and, where it is the case, that he has provided further information in accordance with regulation 6(7);
b
stating a place and times where, during a period of twenty-eight days beginning on the date on which the notice is published, copies of the application, the environmental statement, any information provided to EA in response to its consultation under regulation 6(2), and any further information provided in accordance with regulation 6(7) may be inspected, and that such inspection is free of charge;
c
specifying an address from which copies of the application, the environmental statement, any information provided to EA in response to its consultation under regulation 6(2), and any further information provided in accordance with regulation 6(7) may be obtained from the Agency and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge;
d
specifying the other arrangements, if any, that have been made by the Agency for informing the public of the application and for consulting them in relation to it; and
e
stating that any person wishing to make representations in relation to the application should make them in writing addressed to the Agency at an address specified in the notice within a period of twenty-eight days beginning on the date on which the notice is published in accordance with this paragraph.
2
The Agency shall make available to the public as indicated in paragraphs (1)(b) and (c) —
a
the application and the environmental statement provided in accordance with regulation 5; and
b
any information provided to EA in response to its consultation under regulation 6(2), or any further information provided in accordance with regulation 6(7), which was in the possession of the Agency on the date on which the notice was published in accordance with paragraph (1).
3
In relation to information which is relevant to the determination under regulation 8 and which becomes available to the Agency, whether as a result of a request by the Agency or otherwise, after the date on which the notice was published in accordance with paragraph (1), the Agency shall, on its website —
a
state a place and times where, during a period of twenty-eight days beginning on the day fourteen days after which the information becomes available to the Agency, a copy of the information may be inspected, and that inspection is free of charge; and
b
specify an address from which a copy of the information may be obtained from the Agency and, if a charge is to be made for a copy, the amount (not exceeding a reasonable charge for copying) of the charge.
4
Not later than the date on which the notice in paragraph (1) is published, the Agency shall send a copy of it and the environmental statement and any further information provided in accordance with regulation 6(7), to —
a
the consultation bodies,
b
the appropriate Minister, and
c
such other persons as the appropriate Minister may direct,
under cover of a letter stating that any representations in relation to the application should be made in writing to the Agency within a period of twenty-eight days beginning on the date of the letter.
5
A notice of an environmental statement under paragraph (1) may be combined with any notice required under any other enactment for the purpose of publicising the application in question.
.
6
In regulation 8 (determination of application and notice of determination), for paragraph (3), substitute —
3
Within twenty-eight days of the decision on the application, the Agency shall publish on its website and in the newspaper or newspapers in which the notice was published under regulation 7 a notice stating that the Agency has granted or refused the application and stating a place and times where any person may inspect —
a
any relevant authorisation or variation;
b
a document containing the relevant decision and the main reasons and considerations on which it is based, and information about the public participation process that has taken place;
c
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project; and
d
information regarding any right to challenge the validity of the decision and the procedures for doing so.
.
7
In regulation 11 (appeals in relation to consents), in paragraph (4), for “regulation 7(1)(d)”, substitute “regulation 7(1)(e)”.
8
In regulation 15 (modifications where regulation 14 applies) —
a
after paragraph (4) insert —
4A
Where a notice is published in accordance with section 52(4) of the 1991 Act in respect of proposals in relation to which this regulation applies, the notice shall specify any other arrangements that have been made for informing the public of the proposals and for consulting them in relation to them.
; and
b
in paragraph (8) —
i
in sub–paragraph (b), for “; and where necessary” substitute “, and information about the public participation process that has taken place;”;
ii
in sub–paragraph (c), at the beginning, insert “where necessary,” and at the end insert “; and”; and
iii
after sub–paragraph (c) add —
d
information regarding any right to challenge the validity of the decision and the procedures for doing so.
.
9
In regulation 16 (Register of environmental statements and further information), for sub–paragraphs (a) and (b) substitute —
a
any determination under regulation 4 or 14;
b
any environmental statement or further information furnished under regulation 6;
c
any documents, other than the environmental statement prepared in accordance with regulations 5 and 6, which have been provided to the Agency and are relevant to the determination under regulation 14; and
d
any further information which is relevant to the determination under regulation 14 and which becomes available to the Agency after the time that the public was given notice in accordance with section 52(4) of the 1991 Act.
.
Ian Pearson
Minister of State
Department for Environment, Food and Rural Affairs
21st November 2006


text:
Citation and commencement
1
This Order may be cited as the Sea Fishing (Marking and Identification of Passive Fishing Gear and Beam Trawls) (England) Order 2006 and comes into force on 10th July 2006.
Extent and application
2
1
This Order extends to England and Wales.
2
This Order applies —
a
in England;
b
in relation to English fishing boats and Welsh fishing boats wherever they are, except when they are within the territorial sea; and
c
in relation to other fishing boats within British fishery limits.
3
For the purposes of this article —
a
“English fishing boat” means a fishing boat registered under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in England as the port to which the vessel is to be treated as belonging; and
b
“Welsh fishing boat” means a fishing boat registered under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.
Interpretation
3
1
In this Order —
“the Regulation” means Commission Regulation ( EC ) No 356/2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls;
“relevant offence” means —
an offence under article 4 of this Order; or
an offence under any provision in any other Order made for the purposes of implementing the Regulation in relation to any part of the United Kingdom, which has equivalent effect to this Order, proceedings in respect of which may be taken in England by virtue of section 30(2)(A) of the Fisheries Act 1981 .
2
In this Order, the term “British fishery limits” does not include —
a
the Scottish zone;
b
the Northern Ireland zone;
c
the territorial sea.
3
In this article —
a
“Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
b
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ; and
c
“territorial sea” has the same meaning as in section 1 of the Territorial Sea Act 1987 .
4
Expressions in this Order which are not defined in the Order and which appear in the Regulation have the same meaning in this Order as they have for the purposes of the Regulation.
Offences
4
Where there is a contravention of, or failure to comply with, any of those Articles of the Regulation which are listed in column 1 of the Schedule, the master, the owner, the charterer (if any) of the boat in relation to which that contravention or failure occurred shall each be guilty of an offence.
Penalties
5
1
Any person found guilty of a relevant offence, shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction, on indictment, to a fine.
2
The court by or before which a person is convicted of any relevant offence may also —
a
order the forfeiture of any fish caught at any time in the period during which the offence was committed; or
b
impose a fine not exceeding the value of the fish caught at any time in the period during which the offence was committed; and
c
order the forfeiture of any fishing gear used in the course of, or in activities leading to, the commission of the offence.
Recovery of fines
6
1
Where a fine is imposed by a magistrates' court on a person convicted by the court of a relevant offence the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order that boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of a relevant offence, an order under Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a local justice area in England, this article shall apply as if the fine were imposed by a court within that local justice area.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of enforcement in relation to a relevant offence, any British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) in relation to any boat to which this Order applies.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed in relation to a fishing boat, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port.
5
Where a British sea-fishery officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize —
a
any fish, including any receptacle containing those fish, caught at the time of a relevant offence which he suspects has been committed; and
b
any fishing gear in respect of which he has reasonable grounds to suspect a relevant offence has been committed.
Protection of officers
9
A British sea-fishery officer or a person assisting him by virtue of article 7(2) shall not be liable in any civil or criminal proceedings for anything done or omitted to be done in the purported exercise of the powers conferred on him by that article if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
1
Any person shall be guilty of an offence if he —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 7 or 8;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 7 or 8, or a person assisting him in that regard, or intentionally obstructs any such officer in the exercise of those powers, or any person assisting him in that regard.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Provisions as to offences
11
1
If an offence under this Order 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 the 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
Where any relevant offence committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where any relevant offence committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
5
“Officer” in relation to a body corporate, means a director, a 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.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Articles 6, 17.2 or 28c;
b
declaration submitted under Article 8.1,9, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Article 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Council Regulation 2847/93 shall, in any proceedings in England for a relevant offence, be evidence of the matters stated in the logbook, declaration, effort report or document, as the case may be.
2
For the purpose of paragraph (1) above, “required information” means information as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Council Regulation 2847/93 as to —
a
a fishing boat’s identification,
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude, and
c
the date and time of the fixing of that position.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th June 2006
David Cairns
Parliamentary Under Secretary of State Northern Ireland Office
13th June 2006


text:
Citation and commencement
1
These Regulations may be cited as the Registered Pension Schemes (Authorised Payments) (Transfers to the Pension Protection Fund) Regulations 2006 and shall come into force on 6th April 2006.
Authorised payments
2
For the purposes of section 164(f) of the Finance Act 2004 (authorised member payments), a transfer of the property, rights and liabilities of a registered pension scheme to the Board of the Pension Protection Fund is a payment of a description that is prescribed.
Paul Gray
Mike Eland
Two of the Commissioners for Her Majesty’s Revenue and Customs
25th January 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Accounts and Audit (Amendment)(England) Regulations 2006 and shall come into force on 1st April 2006.
2
These Regulations apply to relevant bodies in England only.
Amendment of the Accounts and Audit Regulations 2003
2
The Accounts and Audit Regulations 2003 are amended as set out in regulations 3 to 21.
Interpretation and application
3
In regulation 2 (interpretation and application) —
a
in paragraph (1), for the definition of “relevant body”, substitute —
“relevant body” means a body whose accounts are required to be audited in accordance with section 2 of the 1998 Act other than a body specified in section 98(1) of the National Health Service Act 1977 or a local probation board;
;
b
in paragraph (1), after the definition of “relevant body”, insert —
“smaller relevant body” means a relevant body, other than parish councils subject to any of the duties under Part 1 of the Local Government Act 1999 (best value authorities), whose gross income or expenditure (whichever is the higher) for the year concerned is, or for either of the two immediately preceding years was, less than £1 million;
;
c
in paragraph (1), for the definition of “working day”, substitute —
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971;
;
d
in paragraph (2), for sub-paragraph (a), substitute —
a
the person who, by virtue of —
i
section 151 of the 1972 Act;
ii
section 17 of the Norfolk and Suffolk Broards Act 1988;
iii
section 112 of the Local Government Finance Act 1988;
iv
section 6 of the Local Government and Housing Act 1989;
v
paragraph 13(6) of Schedule 7 to the Environment Act 1995; or
vi
section 127 of the Greater London Authority Act 1999;
as the case may be, is responsible for the administration of the financial affairs of a relevant body or, if no person is so responsible, the person who is responsible for the keeping the accounts of such a body, or
; and
e
after paragraph (2), insert —
2A
Any reference in regulations 4 to 22 to a relevant body or a smaller relevant body, shall, in the case of a parish meeting, be construed as a reference to the chairman of that meeting.
.
Responsibility for financial management
4
In regulation 4 (responsibility for financial management) —
a
in paragraph (2), omit from “and shall include” to “regulation 12”; and
b
after paragraph (2), add —
3
The findings of the review referred to in paragraph (2) shall be considered by a committee of the relevant body, or by the members of the relevant body meeting as a whole, and following that consideration, shall approve a statement on internal control, prepared in accordance with proper practices in relation to internal control.
4
The relevant body shall include the statement referred to in paragraph (3) with —
a
any statement of accounts it is obliged to publish in accordance with regulation 11, or
b
any income and expenditure account, statement of balances or record of receipts and payments it is obliged to publish or display in accordance with regulation 12.
.
Accounting records and control systems
5
In regulation 5 (accounting records and control systems) —
a
in paragraph (1), for “and (4) and” substitute “and (4), and,”;
b
in paragraph (1), for “this paragraph or” substitute “this paragraph,”; and
c
in paragraph (1), omit from “maintained” to “proper practices and”.
Internal audit
6
In regulation 6 (internal audit), the existing provision becomes paragraph (1) and —
a
in that paragraph —
i
for “proper internal audit practices” substitute “proper practices in relation to internal control”; and
ii
omit from “, and any officer” to “for that purpose”; and
b
after that paragraph, insert —
2
Any officer or member of a relevant body shall, if the body requires —
a
make available such documents of the body which relate to its accounting and other records as appear to that body to be necessary for the purpose of the audit; and
b
supply the body with such information and explanation as that body considers necessary for that purpose.
3
The relevant body shall, at least once in each year, conduct a review of the effectiveness of its system of internal audit.
4
The findings of the review referred to in paragraph (3) shall be considered, as part of the consideration of the system of internal control referred to in paragraph (3) of regulation 4, by the committee or meeting referred to in that paragraph.
.
Statement of accounts
7
In regulation 7 (statement of accounts) —
a
for paragraph (1), substitute —
1
A relevant body which is not a smaller relevant body shall prepare, in accordance with proper practices in relation to accounts, a statement of accounts for each year, which shall include such of the following accounting statements as are relevant to the functions of the relevant body —
a
housing revenue account;
b
collection fund;
c
firefighters' pension fund;
d
any other statements relating to each and every other fund in relation to which the body is required by any statutory provision to keep a separate account;
;
b
in paragraph (2) —
i
after “a note of” insert a hyphen and insert —
a
demonstrates whether the Dedicated Schools Grant (made under section 14 of the Education Act 2002) has been deployed in accordance with regulations made under sections 45A, 45AA, 47, 48(1) and (2) and 138(7) of, and paragraph 1(7)(b) of Schedule 14 to, the School Standards and Framework Act 1998; and
; and
ii
the words from “the number of employees” to the end become sub-paragraph (b);
c
omit paragraphs (3) and (4);
d
in paragraph (5)(d), for “proper practices” substitute “proper practices in relation to accounts”; and
e
in paragraph (6)(a), for “defrayed” substitute “incurred”.
Passenger Transport Executives
8
After regulation 7, insert —
Passenger Transport Executives
7A
1
A statement of accounts of a Passenger Transport Executive shall be prepared so as to be no less informative than if the disclosure requirements of the Companies Act 1985 were, so far as appropriate, applicable to Executives.
2
For each year ending on or after 31st March 2006, a Passenger Transport Executive shall charge to a revenue account an amount equal to the retirement benefits payments and contributions to pension funds which are payable for that year in accordance with —
a
the Local Government Pension Scheme Regulations 1997; and
b
the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000.
.
Summary statement of accounts - Greater London Authority
9
In regulation 8 (summary statement of accounts - Greater London Authority), for “proper practices” substitute “proper practices in relation to accounts”.
Other accounting statements
10
In regulation 9 (other accounting statements) —
a
for paragraph (1) substitute —
1
Subject to paragraph (3), a smaller relevant body shall prepare for each year an income and expenditure account and a statement of balances, in accordance with, and in the form specified in any Annual Return required by, proper practices in relation to accounts.
;
b
omit paragraph (2); and
c
for paragraph (3) substitute —
3
Where in relation to a relevant body, the gross income or expenditure (whichever is the higher) was less than £200,000 for the year or for either of the two immediately preceding years, the body shall prepare in accordance with, and in the form specified in any Annual Return required by, proper practices in relation to accounts —
a
a record of receipts and payments of the body in relation to that year; or
b
an income and expenditure account and a statement of balances of the body in relation to that year.
.
Signing and approval of statement of accounts etc
11
In regulation 10 (signing and approval of statement of accounts etc) —
a
in paragraph (3) —
i
for “paragraph (5)” substitute “paragraph (6)”;
ii
for “referred to in regulations 7(1) and 7(6)” substitute “which are not smaller relevant bodies”;
iii
for “approved by a resolution of a committee of the relevant body or otherwise by a resolution of the members of the body meeting as a whole,” substitute “considered by a committee of the relevant body or the members of the body meeting as a whole, and following that consideration, shall be approved by a resolution of that committee or meeting,”;
b
in paragraph (4) —
i
before “in respect of all” insert “Subject to paragraph (6),”;
ii
for “all relevant bodies referred to in regulation 9(2) and (3)” substitute “smaller relevant bodies”;
iii
for “balance sheet” substitute “statement of balances”;
iv
for “regulation 9(1),”, substitute “regulation 9(1) or”;
v
omit “or the income and expenditure account and statement of balances as required by regulation 9(3)(b)”;
vi
for “approved by a resolution of a committee of the relevant body or otherwise by a resolution of the members of the body meeting as a whole,” substitute “considered by a committee of the relevant body or the members of the body meeting as a whole, and following that consideration, shall be approved by a resolution of that committee or meeting,”; and
vii
for “before the 30th September” substitute “, subject to paragraph (5), before the 30th June”;
c
in paragraph (5) —
i
for “(3)(a)” substitute “(4)(a)”;
ii
for “2003” substitute “2006”;
iii
for “2004” substitute “2007”; and
iv
for “2005” substitute “2008”; and
d
after paragraph (5) insert —
6
Where a relevant body does not approve the statement of accounts, the record of receipts and payments or the income and expenditure account and statement of balances, as the case may be, (“the accounting document”) by the date required by paragraph (3), (4) or (5) it shall —
a
within twenty working days of that date, hold a further meeting of the members of the relevant body as a whole, at which the accounting document shall be considered; and
b
where the meeting referred to in sub-paragraph (a) does not resolve to approve the accounting document, the relevant body shall, as soon as reasonably practicable, publish a statement as to the reasons why it cannot approve the accounting document.
.
Publication of statement of accounts etc
12
In regulation 11 (publication of statement of accounts etc) —
a
in paragraph (1) —
i
for “to which paragraph (2) below applies, or, in the case of a parish meeting, the chairman,” substitute “which is not a smaller relevant body”; and
ii
for “sections 9(1)(a) and 19A” substitute “section 9(1)(a)”; and
b
omit paragraphs (2) and (3).
Publication of income and expenditure account and receipts and payments
13
In regulation 12 (publication of income and expenditure account and receipts and payments) —
a
in paragraph (1) —
i
for “before the 31st December” substitute “, subject to paragraph (5), before the 30th September”;
ii
for “to which paragraph (2) below applies, or, in the case of a parish meeting, the chairman,” substitute “which is a smaller relevant body”; and
iii
for sub-paragraph (a), substitute —
a
either —
i
publish the requisite information by means other than solely by reference in the minutes of meetings, committees or sub-committees of the body, or;
ii
display a notice containing the requisite information in a conspicuous place or places in the area of the body for a period of at least 14 days; and
;
b
omit paragraphs (2) and (3);
c
for paragraph (4) substitute —
4
For the purposes of paragraph (1) “requisite information” means —
a
the statement on internal control prepared in accordance with regulation 4(3),
b
the income and expenditure account and statement of balances prepared in accordance with regulation 9(1),
c
the record of receipts and payments, and,
d
the income and expenditure account and statement of balances prepared in accordance with regulation 9(3)(a),
together with any certificate, opinion, or report issued, given or made by the auditor under section 9(1)(a) of the 1998 Act, or, if no such opinion has been given, together with a statement that the auditor has given no opinion and setting out the reasons why no opinion has been given.
5
The reference in paragraph (1) to the 30th September shall be read —
a
in respect of the year ending with 31st March 2006, as a reference to the 31st December;
b
in respect of the year ending with 31st March 2007, as a reference to the 30th November; and
c
in respect of the year ending with 31st March 2008, as a reference to the 31st October.
.
Appointment of date for the exercise of rights of electors
14
In regulation 13 (appointment of date for the exercise of rights of electors), omit “, or in the case of a parish meeting the chairman of the meeting,”.
Public inspection of accounts
15
In regulation 14 (public inspection of accounts) —
a
in paragraph (1), omit “or, as the case may be, the chairman,”; and
b
in paragraph (2), for “The council of a parish, or the chairman of a parish meeting of a parish not having a separate council, notified under regulation 13” substitute “A relevant body notified under regulation 13, which is a smaller relevant body”.
Notice of public rights
16
In regulation 16 (notice of public rights) —
a
in paragraph (1), for “to which regulation 11(2) applies, or in the case of a parish meeting, the chairman of the meeting,” substitute “which is not a smaller relevant body”; and
b
in paragraph (3), for “A relevant body to which regulation 12(2) applies or which is referred to in regulation 12(3) or, in the case of a parish meeting, the chairman of the meeting,” substitute “A smaller relevant body”.
Notice of conclusion of audit
17
In regulation 18 (notice of conclusion of audit) —
a
in paragraph (1), for “a body to which regulation 11(2) applies, or in the case of a parish meeting, the chairman of the meeting,” substitute “a relevant body which is not a smaller relevant body”;
b
in paragraph (2), for “a body to which regulation 12(2) applies or which is referred to in regulation 12(3) or, in the case of a parish meeting, the chairman of the meeting,” substitute “a smaller relevant body”;
c
for paragraph (3) substitute —
3
Where any material amendment is made to the statement of accounts, income and expenditure account or the statement of balances, or record of receipts and payments after the notice under paragraph (1) or (2) is given or displayed, the documents made available for inspection under that paragraph shall —
a
either be revised to take account of the amendment or be accompanied by a copy of the amendment; and
b
be accompanied by an explanation of the amendment.
; and
d
in paragraph (4), for the words from the beginning to “required”, substitute “Where any material amendment is made”.
Publication of annual audit letter
18
In regulation 19 (publication of annual audit letter) for “it is received, a relevant body” substitute “receipt of the annual letter from the auditor or the Commission, a committee of the relevant body or the members of the relevant body meeting as a whole, shall meet to consider it and following that consideration”.
Joint committees etc
19
In regulation 20 (joint committees etc), in paragraph (1) —
a
in sub-paragraph (a) —
i
at the beginning insert “where the committee, board or authority is a smaller relevant body,”; and
ii
for “, and” substitute “and the income and expenditure account and the statement of balances, or the record of receipts and payments, as the case may be, and”; and
b
in sub-paragraph (b) —
i
for “body to which regulation 7(3) applies” substitute “relevant body which is not a smaller relevant body”; and
ii
after “a copy of the” insert “auditor’s report and”.
Extraordinary audit
20
In regulation 21 (extraordinary audit) —
a
delete “, or, in the case of a parish meeting, the chairman of the meeting,”;
b
for “body to which regulation 11(2) applies” substitute “relevant body which is not a smaller relevant body”; and
c
for “body to which regulation 12(2) applies or which is referred to in regulation 12(3)” substitute “a smaller relevant body”.
Offences
21
In regulation 22 (offences), in paragraph (2), for “4” substitute “4(2) to (4), 6(2) to (4)”.
Revocation
22
The Accounts and Audit (Passenger Transport Executives and the London Transport Executive) Regulations 1983 are revoked.
Signed by authority of the First Secretary of State
Phil Woolas
Minister of State
Office of the Deputy Prime Minister
3rd March 2006