text:
Citation, commencement and application
1
1
These Regulations may be cited as the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 and shall come into force on 1st April 2008.
2
These Regulations apply as respects England only.
Amendment of the Street Works (Registers, Notices, Directions and Designations) Regulations 1992
2
1
Subject to regulation 19, the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 shall be amended as follows.
2
After regulation 1 there shall be inserted the following regulation —
Application
1A
These Regulations shall not apply as respects England.
Interpretation
3
1
In these Regulations —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991;
“the 2002 Regulations ” means the Traffic Signs Regulations 2002 ;
“day” means a working day;
“immediate works” means urgent works or emergency works;
“limited designation” means a designation in accordance with regulation 16(3) for particular times or on particular dates;
“major works” means —
street works which have been identified in the annual operating programme of an undertaker, or which, though not specifically identified in such programme, would normally be planned or known about at least six months in advance of the date proposed for the works;
street works, other than immediate works, where —
the street authority has indicated to an undertaker; or
an undertaker considers,
that an order under section 14 of the 1984 Act (temporary prohibition or restriction on roads) is required; or
street works, other than immediate works, the planned duration of which exceeds ten days;
“minor works” means street works, other than immediate works or major works, the planned duration of which does not exceed three days;
“road category” means one of the road categories specified in paragraph 1.3.1 of Chapter S1 of the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 2002 and approved by the Secretary of State for Transport on 30th June 2002 , as revised or re-issued from time to time;
“standard works” means street works, other than immediate works or major works, the planned duration of which exceeds three days but does not exceed ten days;
“statutory undertaker” means a person entitled by virtue of a statutory right to carry out street works;
“street with special engineering difficulties” means a street designated as having special engineering difficulties under section 63;
“street works register” means a register required to be kept by a street authority by section 53;
“the Technical Specification ” means the Technical Specification for the Electronic Transfer of Notices produced by the Department for Transport and dated 5th July 2007 as revised or re-issued from time to time;
“traffic-sensitive street” means a street designated as traffic-sensitive under section 64;
“traffic-sensitive time”, in relation to a traffic-sensitive street, means —
the times or dates specified in the case of a limited designation; and
any time in any other case; and
“urgent works” —
means street works, other than emergency works, whose execution at the time when they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required) —
to prevent or put an end to an unplanned interruption of any supply or service provided by an undertaker;
to avoid substantial loss to an undertaker in relation to an existing service; or
to reconnect supplies or services where an undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period; and
includes works which cannot reasonably be severed from such works.
2
Unless it is expressly provided otherwise, a reference in these Regulations to a numbered section is a reference to the section so numbered in the 1991 Act.
Street works registers
4
1
Subject to regulation 13 and to the requirements set out in paragraphs (2) and (3), street works registers shall be kept so as to enable the information referred to in paragraphs (4) and (5), relating to a particular street, to be traced.
2
Each register shall —
a
be indexed;
b
no later than 1st April 2009, be based on a geographical information system; and
c
identify the highway authority in relation to every street in the street authority’s area which is a maintainable highway.
3
Every register kept by a local highway authority shall be in a form which complies with the system of street referencing specified in Part I of the publication issued by the British Standards Institution on 1st August 2006 entitled “Spatial data sets for geographical referencing - specification for a street gazetteer” under reference No. BS 7666-1 2006 as revised or re-issued from time to time.
4
The information with respect to street works to be shown on the register and, in each case, the person responsible for securing its registration are specified in columns (1) and (2) respectively of the following Table.
Table
(1)
Information
(2)
Person responsible for securing its registration
1. Particulars of all notices under sections 54, 55 and 57 served on the highway authority relating to street works in any street which is a maintainable highway. The undertaker concerned. 2. Particulars of all notices under sections 54, 55 and 57 served on street managers relating to street works in any street which is not a maintainable highway. The undertaker concerned. 3. Particulars of all directions given under sections 56 and 56A. The street authority concerned. 4. Particulars of all notices, consents and directions published or given by a street authority under sections 58 and 58A. The street authority concerned. 5. Particulars of all notifications made by an undertaker under paragraph 2(1)(d) of Schedule 3A to the 1991 Act. The undertaker concerned. 6. Particulars of all notices served by a street authority under section 66. The street authority concerned. 7. Information under section 70(3) and (4A) as to completion of reinstatements. The undertaker concerned. 8. Particulars of all notices given by a street authority under section 72(3). The street authority concerned. 9. Particulars of all notices given by an undertaker under sections 74 and 74A. The undertaker concerned. 10. Particulars of all notices given by a street authority under section 74. The street authority concerned. 11.
Description and location of street works for which plans and sections have been submitted under Schedule 4 to the 1991 Act. The undertaker concerned. 12. Particulars of notices given by any relevant authority under Schedule 4 to the 1991 Act. The relevant authority.
5
The information with respect to other descriptions of works and other matters to be shown on the register and, in each case, the person responsible for securing its registration are specified in columns (1) and (2) respectively of the following Table.
Table
(1)
Information
(2)
Person responsible for securing its registration
1. Every street for which the local highway authority are the street authority. The local highway authority. 2. Every street which is a prospectively maintainable highway. The local highway authority. 3. Every street, of which the local highway authority are aware, which is a highway but for which they are not the street authority. The local highway authority. 4. Every street which —
is —
a protected street ;
a street with special engineering difficulties; or
a traffic-sensitive street,
including, where appropriate, details of the parts of the street so designated and, in the case of a traffic-sensitive street, of any limited designation; or
is proposed for designation as such.
The street authority concerned. 5. Description, timing and location of works for road purposes and major highway works which involve —
breaking up the highway;
opening the carriageway of a traffic-sensitive street at a traffic-sensitive time; or
the width of carriageway available for vehicular traffic being reduced —
by one or more traffic lanes;
by more than one third in a case where there are no such lanes; or
by any amount in a traffic sensitive-street at a traffic-sensitive time,
and any such works that are proposed.
The street authority concerned. 6. Particulars of all consents given by a street authority under section 61 together with details of any conditions. The street authority concerned. 7. Details of all directions given under section 62. The street authority concerned. 8. Particulars of street works licences, including details of conditions and of changes of ownership. The street authority concerned. 9. Particulars of apparatus notified to the street authority under section 80(2). The street authority concerned. 10. Every notice of works under section 85(2). The authority concerned. 11. Details of road closures and diversions where an order under section 14 of the 1984 Act is required. The highway authority. 12. The road category of each street. The street authority concerned.
6
Information of the following types is restricted information for the purpose of section 53(3):
a
information certified by, or with the authorisation of, the Secretary of State as being restricted information because its disclosure would, or would be likely to, prejudice the safeguarding of national security; and
b
information certified by, or with the authorisation of, an undertaker as being restricted information because its disclosure would, or would be likely to, prejudice the commercial interests of that undertaker.
7
In this regulation —
“geographical information system” means a computer system for capturing, storing, checking, integrating, manipulating, analysing and displaying data related to positions on the Earth’s surface;
“hard shoulder” has the same meaning as it does in relation to England under regulation 4 of the 2002 Regulations and includes in relation to any highway which is not a motorway any hard strip which is designed to take the weight of a vehicle and which has the position of its right hand or off-side edge marked with a traffic sign of the type shown in diagram 1012.3 in Schedule 2 to those regulations;
“motorway” has the same meaning as it does in relation to England under regulation 4 of the 2002 Regulations;
“person responsible for securing registration” means, in relation to any information, the person responsible for conveying such information to the street authority for registration in the street works register; and
“traffic lane” has the same meaning as in regulation 4 of the 2002 Regulations and includes a hard shoulder.
Prescribed notice
5
1
Any notice for the purposes of section 54, 55, 57, 58, 58A, 66, 70, 72(3) or 74A shall be in, or to the like effect as, the form contained in the Technical Specification.
2
A notice for the purposes of section 54, 55, 57 or 58A shall, in addition to any information required by the 1991 Act to be contained in the notice, also include such other information as may be required by that Specification to complete the parts of the form referred to in paragraph (1) which are indicated in that form as being relevant to the notice.
3
Any notice required or authorised to be given for the purposes of any other provision of Part III of the 1991 Act, other than section 74 or Schedule 4B to that Act, shall be in writing, shall refer to the provision of the Act pursuant to which it is given and, subject to the foregoing, may be in any form.
Manner of service of notices
6
1
Subject to paragraphs (2), (5) and (7), where under Part III of the 1991 Act an undertaker is under an obligation to give notice within a specified period of works having begun, other than under section 74 or 74A, such notice shall be given by —
a
sending it to the person to whom it is to be given at his proper address by using an electronic communication in accordance with the condition set out in paragraph (4);
b
delivering it to that person at that address; or
c
any other means agreed between the person giving it and the person to whom it is to be given.
2
Where the person to whom an undertaker is obliged to give such notice does not have arrangements for receiving and responding to notices for any period between 4.30 pm and 8.00 am the following day, the undertaker shall have complied with his obligation if he serves a notice by 10.00 am on that following day.
3
Subject to paragraphs (5) and (7), in any other case where a person is required or authorised to give a notice under Part III of the 1991 Act, other than under section 74, 74A or Schedule 4B to that Act, such notice shall be given by —
a
sending it to the person to whom it is to be given at his proper address by using an electronic communication in accordance with the condition set out in paragraph (4);
b
sending it by first class post to him at that address;
c
delivering it to him;
d
leaving it at his proper address; or
e
any other means agreed between the person giving it and the person to whom it is to be given.
4
The condition referred to in paragraphs (1)(a) and (3)(a) is that the notice shall be —
a
capable of being accessed by the person to whom it is being sent;
b
legible in all material respects; and
c
in a form which permits the notice to be retained for subsequent reference,
and for this purpose “legible in all material respects” means that the information contained in the notice is available to that person to no lesser extent than it would be if given by means of a notice in printed form.
5
Subject to paragraph (7), from and including 1 st April 2009 all notices required to be given under Part III of the 1991 Act by a street authority or a statutory undertaker, other than notices under Schedule 4B to that Act, shall be exchanged between one street authority and another, one statutory undertaker and another and between a street authority and a statutory undertaker by using electronic communications in accordance with the condition set out in paragraph (4).
6
Subject to section 98(2) (reckoning of periods), where an electronic communication is used for the purpose of serving a notice, then, unless the contrary is proved, the notice shall be deemed to be given on the day and at the time recorded by the transmitting apparatus as being the day and time of satisfactory completion of the transmission.
7
Where, after three attempts (duly recorded by the person serving the notice) to effect service by using one particular method for transmitting an electronic communication, service cannot be effected, the notice may be given by serving it upon the person to whom it is to be given by any other such method for which there is a proper address or by any of the other means referred to in paragraph (1) or, as the case may be, paragraph (3).
8
Subject to paragraph (9), for the purposes of this regulation, the proper address of any person to whom notice is to be given shall be —
a
where such person —
i
has provided the person giving the notice with an address for service of notices under the 1991 Act, other than notices under section 74, 74A or Schedule 4B to that Act, by using a particular method for transmitting an electronic communication; and
ii
has not notified the latter that the address is withdrawn for that purpose,
that address in relation to that method of transmission;
b
where such person has provided the person giving the notice with an address for postal service of such notices, that address in relation to postal service;
c
where such person has provided the person giving the notice with an address for service of such notices by any other means, that address in relation to such other means; and
d
otherwise —
i
in the case of a corporation, the registered or principal office of the corporation; and
ii
in any other case, the last known address of such person.
9
A person may provide different addresses for different notices or different classes of notice.
10
In this regulation —
“address”, in relation to a particular method for transmitting an electronic communication, means any number or address used for the purposes of such method of transmission; and
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
Manner of service of copies of notices
7
Where a copy of a notice is required to be given under Part III of the 1991 Act, the provisions of regulation 6(3) to (10) shall apply in the same manner as they apply to the giving of a notice under that regulation.
Advance notice of works
8
1
For the purposes of section 54, an undertaker shall give not less than three months’ advance notice of major works, except where such works are —
a
the subject of a notice under section 55(1) given in accordance with regulation 9(3) and in respect of which no notice has already been given under this paragraph; or
b
notified under paragraph 2(1)(d) of Schedule 3A to the 1991 Act.
2
For the purposes of section 54(4A), the period prescribed shall be 2 days beginning with the starting date specified in the notice.
3
For the purposes of section 54(4B), the period prescribed shall be 15 days.
Notice of starting date of works
9
1
Subject to paragraph 2(6) of Schedule 3A to the 1991 Act and paragraphs (3), (6) and (7) below, for the purposes of section 55, an undertaker proposing to begin to execute street works of a category specified in column 1 of the table shall give a period of notice in relation to that category of not less than that shown in column 2.
Table
(1)
Category of works
(2)
Period
Major works 10 days Standard works 10 days Minor works 3 days
2
Subject to regulation 6(2) and paragraphs (6) and (7) below, for the purposes of section 55, where an undertaker proposes to execute urgent works in any street, he shall give notice as soon as reasonably practicable and in any event within two hours of the works having begun.
3
Subject to paragraphs (6) and (7), where an undertaker —
a
has been given notice under section 58(1) restricting future street works following substantial road works;
b
proposes to begin to execute —
i
street works, other than immediate works, before the restriction comes into effect; or
ii
street works, other than works permitted under section 58(5), which involve breaking up the part of the highway to which the restriction will apply or tunnelling or boring under it, while it is in effect; and
c
has not already given notice in relation to those works in accordance with paragraph (1),
he shall, for the purposes of section 55, give notice of his proposals not more than 20 days from the date on which the notice under section 58(1) was published.
4
For the purposes of section 55(7), the period prescribed is —
a
5 days where the notice relates to major works or standard works; and
b
2 days where it relates to minor works.
5
For the purposes of section 55(8), the period prescribed is 2 days beginning with the date on which the notice ceases to have effect.
6
No notice under section 55(1) is required where an undertaker proposes to begin to execute street works —
a
in a street which is not a traffic-sensitive street;
b
in the footway of a traffic-sensitive street at a traffic-sensitive time; or
c
in a traffic-sensitive street, other than at a traffic-sensitive time,
if the works do not involve breaking up the street or tunnelling or boring under it.
7
A statutory undertaker is not required to give notice under section 55(1) to any person to whom this paragraph applies unless such person has requested such notice.
8
Sub-paragraph (7) applies to —
a
any statutory undertaker having apparatus in the street which is likely to be affected by the works; and
b
any person who would otherwise be entitled to such notice solely by virtue of his having in the street part of a service pipe lying between the boundary of the street and the stopcock on such pipe in that street, or his having a drain in that street.
9
In paragraph (8) “drain”, “service pipe” and “stopcock” have the same meaning as in the Water Industry Act 1991 .
Procedure for giving directions under section 56 or 56A
10
1
Every direction under section 56(1) or 56A shall be given by giving the undertaker a copy of the notice relating to the works given by that undertaker in accordance with regulation 8, or where no such notice is required, regulation 9; the copy being endorsed with the terms of the direction.
2
A direction under section 56(1A) shall be given by giving the undertaker a copy of the notice of the beginning of the works given by that undertaker under section 74(5C) or, as the case may be, section 74A(7) ; the copy being endorsed with the terms of the direction.
3
In relation to a notice under regulation 8 a direction under section 56(1) and the first of any directions under section 56A shall be of no effect if given more than one month after the receipt of the notice by the street authority.
4
In relation to a notice pursuant to regulation 9(1) or (2), a direction under section 56(1) and the first of any directions under section 56A shall be of no effect if given later than —
a
5 days from the date of receipt of the notice by the street authority in the case of major works or standard works; and
b
2 days from the date of its receipt by the street authority in the case of minor works.
Restriction on works following substantial road works
11
1
For the purposes of section 58(1), substantial road works means works for road purposes which comprise a reconstruction, widening, alteration in the level, resurfacing or specialist non-skid surface dressing of the part of the highway concerned and which if carried out —
a
in a footpath, footway, bridleway or cycle track —
i
extend for more than 30 metres of continuous length; and
ii
in the case of a footpath or cycle track, result in the width available for pedestrians or cyclists, as the case may be, being reduced by more than two-thirds; or
b
in the carriageway —
i
extend for more than 30 metres of continuous length; and
ii
result in the use by vehicles of the carriageway being prohibited or the width of carriageway available for vehicular traffic being reduced by more than one-third.
2
For the purposes of section 58(1), the prescribed period shall be —
a
5 years in relation to substantial road works involving reconstruction;
b
3 years in relation to substantial road works involving resurfacing or an alteration in the level of the highway;
c
1 year in relation to any other substantial road works carried out in a traffic-sensitive street or a street in road category 0, 1 or 2 which is not a traffic-sensitive street; and
d
6 months in relation to any other substantial road works carried out in a street in road category 3 or 4 which is not a traffic-sensitive street.
3
A notice under section 58(1) relating to a proposed restriction on street works following substantial road works shall be published by the street authority concerned on any website maintained by the authority for the purpose of providing information to the public.
4
For the purposes of section 58(2), the period prescribed is 3 months.
5
In addition to those to whom a copy of the notice must be given by virtue of section 58(3), a copy shall also be given to —
a
the occupier of any premises which have a frontage onto the part of the highway to which the proposed restriction relates; and
b
any other person who has made a written request asking for a copy of any such notice.
6
Where street works following substantial road works are restricted by a notice under section 58(1), that notice ceases to be effective if the road works to which it relates are not substantially begun within six months of the later of —
a
the date specified in the notice as being the date on which it is proposed to begin the works; or
b
the completion of all works executed as a consequence of any notice given to a street authority in accordance with regulation 9(3).
7
For the purposes of section 58(5), in addition to the cases specified in that subsection, an undertaker may execute urgent works or any other works set out in paragraph (8).
8
The works referred to in paragraph (7) are street works —
a
not involving breaking up the street;
b
that are —
i
required to respond to a request for a new service or supply to a customer which was not received at a time when it was practicable for the works to be done before the date on which the restriction began; and
ii
carried out more than 19 days from that date;
c
carried out —
i
under regulation 16(3)(b) of the Gas Safety (Installation and Use) Regulations 1998 (primary meters);
ii
to comply with an improvement notice under section 21 of the Health and Safety at Work etc Act 1974 (improvement notices); or
iii
as a consequence of a prohibition notice under section 22 of that Act (prohibition notices); or
d
that —
i
are required to comply with a programme approved under regulation 13A of the Pipelines Safety Regulations 1996 (iron pipelines); and
ii
could not have been identified before the restriction began.
9
For the purposes of section 58(7), any question as to whether the withholding of consent by a street authority is unreasonable shall be settled by arbitration.
10
In this regulation —
“cycle track” has the same meaning as in section 329(1) of the Highways Act 1980 ;
“reconstruction” means the removal of some or all of the various layers that make up a road pavement and their replacement; and
“resurfacing” means the removal of the running surface of a carriageway and its replacement to restore surface integrity and skid resistance.
Restriction on works following substantial street works
12
1
For the purposes of Schedule 3A to the 1991 Act, substantial street works means major works.
2
The period prescribed under paragraph 2(2) of that Schedule shall be not less than 20 days from the date on which the notice is published.
3
A notice under paragraph 2 of that Schedule relating to a proposed restriction on street works following substantial street works shall be published by the street authority concerned on any website maintained by the authority for the purpose of providing information to the public.
4
In addition to those to whom a copy of the notice must be given under paragraph 2(4) of that Schedule, a copy shall also be given to —
a
the occupier of any premises which have a frontage onto the part of the highway to which the proposed restriction relates; and
b
any other person who has made a written request asking for a copy of any such notice.
5
Notification by an undertaker under paragraph 2(1)(d) of Schedule 3A of proposed street works and a direction restricting the execution of works under paragraph 4 of that Schedule shall be in, or to the like effect as, the form contained in the Technical Specification and shall contain such information as is relevant to the notification or direction, as the case may be, in accordance with that specification.
6
The provisions of regulation 6(3) to (10) shall apply to the making of such notification in the same manner as they apply to the giving of a notice under that regulation.
7
A direction under paragraph 4 of that Schedule shall be given by publishing it on any website maintained by the street authority for the purpose of providing information to the public.
8
In addition to the case specified in paragraph 3(5)(a) of Schedule 3A to the 1991 Act, paragraph 3(4) of that Schedule shall not apply in the cases set out in paragraph (11) below where no prior notification has been given under section 54 or 55, or paragraph 2(1)(d) of that Schedule, in relation to the works referred to.
9
For the purposes of paragraph 4(4) of that Schedule, the prescribed period shall be —
a
1 year in relation to traffic-sensitive streets and streets in road category 0, 1 or 2 which are not traffic-sensitive streets; and
b
6 months in relation to streets in road category 3 or 4 which are not traffic-sensitive streets.
10
In addition to the cases specified in paragraph 5(2) of that Schedule, paragraph 5(1) of that Schedule shall not apply in the cases set out in the following paragraph.
11
The cases referred to in paragraphs (8) and (10) are where an undertaker executes urgent works or any other works set out in paragraph (12).
12
The works referred to in paragraph (11) are street works —
a
not involving breaking up the street;
b
that are —
i
required to respond to a request for a new service or supply to a customer which was not received at a time when it was practicable for the works to be done before the date on which the restriction began; and
ii
carried out more than 19 days from that date;
c
carried out —
i
under regulation 16(3)(b) of the Gas Safety (Installation and Use) Regulations 1998;
ii
to comply with an improvement notice under section 21 of the Health and Safety at Work etc Act 1974; or
iii
as a consequence of a prohibition notice under section 22 of that Act; or
d
that —
i
are required to comply with a programme approved under regulation 13A of the Pipelines Safety Regulations 1996; and
ii
could not have been identified before the restriction began.
13
For the purposes of paragraph 5(3) of Schedule 3A to the 1991 Act, any question as to whether the withholding of consent by a street authority is unreasonable shall be settled by arbitration.
Exemptions and adaptations
13
1
Street managers are exempted from the provisions of section 53(1).
2
In relation to a street which is not a maintainable highway —
a
sections 53 and 80 and regulation 4 shall be adapted so that, for the purposes of those provisions, the local highway authority shall be the street authority; and
b
section 61 shall not apply where consent to the breaking up or opening of the street is required under any other enactment.
Designation of streets as protected
14
1
A street authority shall not designate a street as protected under section 61 unless —
a
the street fulfils a specific strategic traffic need;
b
the street is subject to such high and constant traffic flows that designation as a traffic-sensitive street would not be sufficient to avoid serious disruption to traffic caused by street works; and
c
there exists a reasonable alternative for placing undertakers’ apparatus which could lawfully be placed in the street.
2
The procedure for making or withdrawing such a designation is set out in the Schedule.
3
The information to be made available by the street authority in respect of each street for the time being designated by them as protected shall include —
a
the date of designation;
b
particulars of the street in sufficient detail to enable it to be identified; and
c
particulars of all consents to the placing of apparatus in the street.
Designation of streets as having special engineering difficulties
15
1
The criteria for designating a street as having special engineering difficulties under section 63 are —
a
in the case of a street with which an engineering structure is associated, that its fundamental integrity and safety is dependent upon special measures being taken in the planning and execution of street works in the relevant part of the street in order to avoid serious failure of the structure concerned; or
b
in the case of any other street, that there is a specific engineering feature identified as fundamental to the structure and integrity of the street as a whole requiring special measures to be taken in the planning and execution of street works in order to avoid serious failure of the street as a whole.
2
The procedure for making or withdrawing such a designation is set out in the Schedule.
3
The information to be made available by the street authority in respect of each street for the time being designated by them as having special engineering difficulties shall include —
a
the date of designation;
b
particulars of the street in sufficient detail to enable it to be identified;
c
the features which justify the designation; and
d
particulars of the authority or undertaker with an interest in the street.
Designation of streets as traffic-sensitive
16
1
Subject to paragraphs (3) and (5), a street authority may only designate a street as traffic-sensitive under section 64 if one or more of the criteria set out in paragraph (2) are met.
2
The criteria referred to in paragraph (1) are that the street —
a
is one on which at any time the street authority estimate the traffic flow to be greater than 500 vehicles per hour per lane of carriageway, disregarding bus or cycle lanes;
b
is a single carriageway two-way road, the carriageway of which is less than 6.5 metres wide, having a traffic flow in both directions of not less than 600 vehicles per hour;
c
falls within an area covered by an order in respect of congestion charges made under either section 295 of the Greater London Authority Act 1999 or section 169 of the Transport Act 2000 ;
d
is one on which more than 25% of the traffic flow in both directions consists of heavy commercial vehicles;
e
is one on which the traffic flow in both directions includes more than eight buses per hour;
f
is designated by the local highway authority, as part of its winter maintenance programme, as one requiring the treatment of any part of it with salt or other chemicals, when low temperatures are expected, to prevent the formation of ice;
g
is within 100 metres of a critical signalised junction or a critical gyratory or roundabout system;
h
has a pedestrian traffic flow of at least 1300 people per hour, per metre width of footway; or
i
is on a tourist route or within an area where international, national or significant major local events take place.
3
A street authority may only designate a street as traffic-sensitive in accordance with paragraph (1) for the times and on the dates when one or more of the criteria set out in paragraph (2) apply.
4
The procedure for making or withdrawing a designation under paragraph (1) is set out in the Schedule.
5
A street authority may, notwithstanding paragraphs (1) to (3), designate a street as traffic-sensitive with the agreement of the majority of statutory undertakers whom they know to have apparatus in the street.
6
The information to be made available by the street authority in respect of each street for the time being designated by them as traffic sensitive shall include —
a
the date of designation;
b
particulars of the street in sufficient detail to enable it to be identified; and
c
in the case of a limited designation, the times of day, days, periods or occasions when the designation applies.
7
In this regulation —
“bus” has the same meaning as in regulation 22(2) of the 2002 Regulations;
“bus lane” and “cycle lane” have the same meaning as in regulation 4 of those Regulations;
“critical signalised junction” means a traffic signal junction at which, in the absence of street works or works for road purposes and at times when the exit is not blocked, no less than 5 per cent of peak hour vehicles on average fail to clear the junction on the first green signal;
“critical gyratory or roundabout system” means a gyratory or roundabout system where, in the absence of street works or works for road purposes, no less than 5 per cent of peak hour vehicles on average are delayed by more than 20 seconds;
“heavy commercial vehicle” has the meaning given by section 138 of the 1984 Act; and
“peak hour” means between 7.30 am and 9.30 am and between 3.30 pm and 7.00 pm on the relevant day.
Modification of section 70(3) and (4A)
17
1
Section 70 (duty of undertaker to reinstate) is modified (in its application as respects England) as follows.
2
In subsections (3) and (4A) for “7” substitute “10” .
Notification of reinstatement
18
1
Any notice given by an undertaker to the street authority in accordance with —
a
section 70(3) that a reinstatement has been completed; or
b
section 70(4A) that a permanent reinstatement has been completed,
shall give the information about the reinstatement set out in paragraph (2).
2
The information referred to in paragraph (1) is —
a
a reference point for —
i
the centre of any reinstatement that does not exceed 10 metres in length; and
ii
each end of any reinstatement that exceeds 10 metres in length;
b
the dimensions of the reinstatement;
c
the date on which the reinstatement was completed; and
d
the method of reinstatement.
3
In paragraph (2) “reference point” means an Ordnance Survey National Grid reference point to a resolution of one metre.
Transitional arrangements
19
These Regulations do not apply to street works in England in respect of which an undertaker has given a notice under section 54(1), 55(1) or 57 before the date on which they come into force and the Street Works (Registers, Notices, Directions and Designations) Regulations 1992 shall continue to have effect in relation to those works, as if they had not been disapplied.
Signed by authority of the Secretary of State for Transport
Rosie Winterton
Minister of State,
Department for Transport
10th July 2007


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Parliamentary Constituencies (England) Order 2007.
2
This Order shall come into force on the fourteenth day after the day on which it is made.
Parliamentary constituencies in England
2
1
England shall be divided into the parliamentary constituencies —
a
which are named in column 1 of the Table in the Schedule to this Order;
b
which are designated as being either county constituencies or borough constituencies by inclusion of those words beneath the name in column 1 of the Table in the Schedule; and
c
which comprise the areas which are set out in column 2 of the Table in the Schedule opposite the name of the constituency.
2
The areas set out in column 2 of the Table in the Schedule to this Order are local government areas as they existed on 12 th April 2005.
Electoral registers
3
1
Each electoral registration officer for the constituencies referred to in article 2 shall make such re-arrangement or adaptation of the registers of parliamentary electors as may be necessary to give effect to this Order.
Revocation
4
The following Orders are revoked —
a
The Parliamentary Constituencies (England) Order 1995 ,
b
The Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1996 ,
c
The Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1998 .
Meriel McCullagh
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Gender Recognition (Application Fees) (Amendment) Order 2007 and comes into force on 6th April 2007.
Amendments to the Gender Recognition (Application Fees) Order 2006
2
The Gender Recognition (Application Fees) Order 2006 is amended as follows.
3
In article 2 (application fees), in the first column of the table (relevant income of applicant) —
1
in the first entry, for “£23,185” substitute “£24,019”, and
2
for the second entry substitute “Greater than £16,017 but not greater than £24,019”.
4
In article 3 (circumstances in which no fee is payable), in paragraph (a)(ii), for “£15,460” substitute “£16,017”.
5
In article 5 (definition of qualifying benefit), in paragraph (b), for “£15,460” substitute “£16,017”.
Transitional provision
6
This Order does not apply in relation to applications made before 6th April 2007.
Cathy Ashton
Parliamentary Under-Secretary of State
Department for Constitutional Affair
13th March 2007


text:
Citation and commencement
1
These Regulations may be cited as the National Minimum Wage Act 1998 (Amendment) Regulations 2007 and shall come into force on the day after the day on which they are made.
Amendment of section 3 of the National Minimum Wage Act 1998
2
1
Section 3(1A) of the National Minimum Wage Act 1998 is amended as follows.
2
The “or” at the end of paragraph (d) is omitted.
3
In paragraph (e), for “attending” substitute “undertaking”.
4
At the end of that paragraph add —
or
f
undertaking a course of further education requiring attendance for a period of work experience.
.
Pat McFadden
Minister of State for Employment Relations and Postal Affairs
Department for Business, Enterprise and Regulatory Reform
16th July 2007


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (England) (Amendment) Order 2007 and shall come into force on 1st April 2007.
Amendment of the Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005
2
The Local Government (Best Value) Performance Indicators and Performance Standards (England) Order 2005 is amended as follows.
Performance standards for waste authorities and specific waste authorities
3
1
In articles 11 and 12, for “1st April 2005” substitute “1st April 2007”.
2
For Schedules 9 and 10 substitute the provisions in the Schedule to this Order.
Performance standards for major planning applications
4
For article 16(4) substitute —
4
The best value authorities specified for the purposes of paragraph (1) are —
Barnsley Metropolitan Borough Council
Basildon District Council
Berwick-upon-Tweed Borough Council
Blackpool Borough Council
Braintree District Council
Brentwood Borough Council
Bromsgrove District Council
Calderdale Metropolitan Borough Council
Caradon District Council
Castle Point District Council
Cherwell District Council
Copeland District Council
Craven District Council
Daventry District Council
Dudley Metropolitan Borough Council
Easington District Council
Forest of Dean District Council
Fylde Borough Council
Guildford Borough Council
Harlow District Council
Harrow London Borough Council
Hertsmere Borough Council
Huntingdonshire District Council
Lancaster City Council
Lewisham London Borough Council
Mid-Bedfordshire District Council
Mid-Suffolk District Council
Milton Keynes District Council
Norwich City Council
Peak District National Park Authority
Plymouth City Council
Rochford District Council
Rutland District Council
South Gloucestershire District Council
South Lakeland District Council
South Somerset District Council
South Staffordshire District Council
Stafford Borough Council
Surrey Heath Borough Council
Tamworth Borough Council
Thanet District Council
Torridge District Council
Tower Hamlets London Borough Council
Tynedale District Council
Wellingborough Borough Council
West Somerset District Council
West Wiltshire District Council
Winchester City Council
Performance standards for minor planning applications
5
For article 17(3), substitute —
3
The best value authorities specified for the purposes of paragraph (1) are —
Bath and North East Somerset District Council
Berwick-upon-Tweed Borough Council
Blyth Valley Borough Council
Brentwood Borough Council
The Broads Authority
Calderdale Metropolitan Borough Council
Caradon District Council
Fylde Borough Council
Kingston-upon-Hull City Council
Mid-Suffolk District Council
New Forest District Council
Northumberland National Park Authority
Penwith District Council
South Somerset District Council
Surrey Heath Borough Council
Waveney District Council
Performance standards for other planning applications
6
For article 18(3) substitute —
3
The best value authorities specified for the purposes of paragraph (1) are —
Bath and North East Somerset District Council
Berwick-upon-Tweed Borough Council
Blyth Valley Borough Council
Caradon District Council
Easington District Council
Fylde Borough Council
Islington London Borough Council
Mid-Suffolk District Council
Northumberland National Park Authority
Penwith District Council
South Somerset District Council
Surrey Heath Borough Council
Torridge District Council
Signed by authority of the Secretary of State for Communities and Local Government
Kay Andrews
Parliamentary Under-Secretary of State
Department for Communities and Local Government
26th February 2007


text:
1
This Order may be cited as the Police and Justice Act 2006 (Commencement No. 6) Order 2007.
2
The following provisions of the Police and Justice Act 2006 shall come into force on 1st December 2007 to the extent not already in force —
a
section 7 (standard powers and duties of community support officers);
b
section 9 (exercise of police powers by civilians) in so far as it relates to the entries in Schedule 5 (exercise of police powers by civilians) referred to in sub-paragraph (c);
c
in Schedule 5 (exercise of police powers by civilians) paragraphs 1 to 6, apart from paragraph 5(11);
d
section 52 (amendments and repeals) in so far as it relates to the entry in Schedule 15 (repeals and revocations) referred to in sub-paragraph (e); and
e
in Schedule 15 (repeals and revocations), the entry in Part 1(B) relating to Schedule 4 of the Police Reform Act 2002 .
3
The following provisions of the Police and Justice Act 2006 shall come into force on 31st December 2007 —
a
section 5 (power to merge schemes); and
b
Schedule 3 (power to merge police pension schemes).
Tony McNulty
Minister of State
Home Office
8th November 2007


text:
Title, commencement and application
1
1
These Regulations may be cited as the European Regional Development Fund (East of England Operational Programme) (Implementation) Regulations 2007 and shall come into force on 31st January 2008.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Regional Development Agencies Act 1998 ;
“ the Agency ” means the East of England Development Agency ;
“ the Commission ” means the Commission of the European Communities;
“commitment” means an agreement entered into by the Agency or a global grant body in relation to an award of assistance granted by the Fund ;
“the Council Regulation ” means Council Regulation ( EC ) No.1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No.1260/1999 ;
“Eastern region” means the region named “Eastern” in Schedule 1 to the 1998 Act;
“the Fund” means the European Regional Development Fund, being one of the two Structural Funds referred to in Article 1;
“the Fund contribution” means the contribution from the Fund made available for the Operational Programme;
“global grant body” means a body entrusted under Article 42(1) with the management and implementation of a part of the Operational Programme;
“intermediate body” has the meaning given by Article 2;
“intermediate body functions” means the functions entrusted to the Agency by virtue of its designation as an intermediate body by regulation 3;
“the Managing Authority” means the authority designated under Article 59(1)(a) as the managing authority for the Operational Programme;
“Operational Programme” means the document which —
is an “operational programme” within the meaning given by Article 2; and
sets out the development strategy to be carried out with the aid of the Fund in the Eastern region as a contribution towards achieving the Regional competitiveness and employment objective referred to in Article 3(2); and
“Schedule of Functions” means the document published by the Secretary of State on 19th December 2007 under the title “Schedule of Functions of the Managing Authority for the European Regional Development Fund: Operational Programme covering the Regional competitiveness and employment objective for the East of England”, prepared for the purpose of defining the functions of the bodies concerned in the management and control of the Operational Programme .
2
In these Regulations, a reference to an Article is a reference to an Article of the Council Regulation.
Designation of intermediate body
3
1
The Agency is designated as an intermediate body for the purposes of Article 59(2) to carry out the functions of the Managing Authority referred to in paragraph (2) under the responsibility of the Managing Authority in relation to the management and implementation of the Operational Programme.
2
The functions entrusted to the Agency by virtue of its designation as an intermediate body are the functions specified in section 3 of the Schedule of Functions.
General duties of intermediate body
4
The Agency shall carry out the intermediate body functions, and shall do so in accordance with all requirements and procedures specified in the documents which (consistently with the general principles laid down by Article 58) set up the system of management and control of the Operational Programme.
Power to guide and direct the Agency
5
Section 27 of the 1998 Act (general power to give guidance and directions) shall apply in relation to the exercise by the Agency of the intermediate body functions as if the reference in subsection (1) to the Secretary of State were a reference to the Managing Authority.
Statement of accounts
6
In section 14 of the 1998 Act (accounts and records), the duty in subsection (1)(b) to prepare a statement of accounts shall apply in relation to the exercise by the Agency of the intermediate body functions as if —
a
the reference to the income of the agency included a reference to the amount of any payment to the Agency of the Fund contribution; and
b
the reference to the expenditure of the agency included a reference to the expenditure by the Agency of the Fund contribution.
Global grant bodies
7
1
A designation under Article 42(1) of a global grant body shall be made by notice in writing directed to the body concerned.
2
Neither the Secretary of State nor the Managing Authority shall designate a global grant body without the consent of the body concerned and without first consulting the Agency.
3
Where any part of the Operational Programme has been entrusted to a global grant body, that body shall manage and implement that part in accordance with the provisions of the agreement that it concludes with the Secretary of State or the Managing Authority under Article 42(1).
4
The Secretary of State may at any time by notice in writing revoke the designation of a global grant body made by the Secretary of State.
5
The Managing Authority may at any time by notice in writing revoke the designation of a global grant body made by the Managing Authority.
Recovery of sums paid under a commitment
8
In any case where a sum falls to be paid to the Agency or a global grant body under, or by virtue of any action or decision taken under, the terms of a commitment, the sum so falling to be paid shall be recoverable on demand by the Agency or the global grant body concerned.
Provision relating to payment of the contribution from the Fund
9
1
In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to —
a
payments by the Managing Authority of the Fund contribution;
b
payments by the Agency from the Fund contribution; and
c
the certification and audit of such payments.
2
The documents referred to in paragraph (1) may include provision for —
a
payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
b
payments to global grant bodies;
c
payments pursuant to a commitment;
d
relations which the Agency has with the certifying authority and the audit authority; and
e
relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
3
The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
4
Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
5
In this regulation —
a
“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
b
“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Signed by authority of the Secretary of State
John Healey
Minister of State
Department for Communities and Local Government
28th December 2007


text:
Citation and commencement
1
These Regulations may be cited as The Housing Benefit and Council Tax Benefit (War Pension Disregards) Regulations 2007 and shall come into force on 3rd July 2007.
War disablement pensions
2
The war disablement pensions that are prescribed for the purpose of sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act 1992, are specified in Part 1 of the Schedule.
War widow’s pensions
3
The war widow’s pensions that are prescribed for the purpose of sections 134(8)(a) and 139(6)(a) of the Social Security Administration Act, are specified in Part 2 of the Schedule.
Amendment of the Housing Benefit Regulations 2006
4
The Housing Benefit Regulations 2006 shall be amended as follows —
a
in regulation 2(1) (interpretation), omit the definition of “war widower’s pension”; and
b
in regulation 40 (calculation of income other than earnings), omit paragraphs (3), (4) and (4A).
Amendment of the Council Tax Benefit Regulations 2006
5
The Council Tax Benefit Regulations 2006 shall be amended as follows —
a
in regulation 2(1) (interpretation), omit the definition of “war widower’s pension”; and
b
in regulation 30 (calculation of income other than earnings), omit paragraphs (3), (4) and (4A).
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows —
a
in regulation 2(1) (interpretation), omit the definition of “war widower’s pension”; and
b
in regulation 33 (calculation of income other than earnings), omit paragraphs (10), (13) and (14).
Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7
The Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended as follows —
a
in regulation 2(1) (interpretation), omit the definition of “war widower’s pension”; and
b
in regulation 23 (calculation of income other than earnings), omit paragraphs (10), (13) and (14).
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th June 2007


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) (Amendment) Regulations 2007 and shall come into force on 13th March 2007.
Amendment of S.I. 2006/139
2
In regulation 2(1) of the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2006 (extended application of provisions specified in section 50(2) of the Finance (No.2) Act 2005) for “Instinet CHi-X and operated by Instinet Europe Limited” substitute “Instinet Chi-X and operated by Instinet Chi-X Limited”.
Kevin Brennan
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
19th February 2007


text:
Citation, extent and commencement
1
1
This Order may be cited as the Dangerous Wild Animals Act 1976 (Modification) (No.2) Order 2007.
2
Articles 2 and 3(2) extend to England and Wales only.
3
This article and article 3(1) come into force on 30th September 2007.
4
Articles 2 and 3(2), and the Schedule, come into force on 1st October 2007.
Modification to the Dangerous Wild Animals Act 1976
2
For the Schedule to the Dangerous Wild Animals Act 1976 substitute the Schedule set out in the Schedule to this Order.
Revocations
3
1
The Dangerous Wild Animals Act 1976 (Modification) Order 2007 is revoked.
2
The Dangerous Wild Animals Act 1976 (Modification) Order 1984 is revoked.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
20th August 2007


text:
1
This Order may be cited as the Export Control (Iran) (Amendment) Order 2007 and shall come into force on 27th July 2007.
2
The Export Control (Iran) Order 2007 is amended as set out in the Schedule to this Order.
Malcolm Wicks
Minister of State for Energy
Department for Business, Enterprise and Regulatory Reform
25th July 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No.8) Regulations 2007 and shall come into force on 1st October 2007.
Amendment of the Social Security (Contributions) Regulations 2001
2
The Social Security (Contributions) Regulations 2001 shall be amended as follows.
3
1
Amend regulation 1(2) (interpretation) as follows.
2
After the definition of “cash voucher” insert —
“the Commissioner” means, for the purposes of the definition of “official error”, the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of three or more Commissioners constituted under section 16(7) of the Social Security Act 1998;
.
3
After the definition of “official computer system” insert —
“official error” means, for the purposes of regulations 50B and 61A, an error —
made by an officer of the Department for Work and Pensions or an officer of Revenue and Customs acting as such which no person outside the Department for Work and Pensions or Her Majesty’s Revenue and Customs caused or to which no person outside the Department for Work and Pensions or Her Majesty’s Revenue and Customs materially contributed, or
made by a person employed by a service provider and to which no person who was not so employed materially contributed,
but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of a Commissioner or the court;.
.
4
After the definition of “securities” and “securities option” insert —
“service provider” means, for the purposes of the definition of “official error”, a person providing services to the Secretary of State for Work and Pensions or to Her Majesty’s Revenue and Customs;
.
4
In regulation 48(3)(b) for “regulations 50 and 50A” substitute “regulations 50, 50A and 50B”.
5
In regulation 50A(4) for “regulation 50” substitute “regulation 50 or 50B”.
6
After regulation 50A (Class 3 contributions: tax years 1996-97 to 2001-02) insert —
Class 3 contributions: tax years 1993-94 to 2007-08
50B
1
This regulation applies to Class 3 contributions payable in respect of the tax years 1993-94 to 2007-08 (“the relevant years”).
2
Paragraph (4) applies if a person (“the contributor”) —
a
was entitled under regulation 48, 146(2)(b) or 147 to pay a Class 3 contribution in respect of any of the relevant years; and
b
was credited with any earnings —
i
before 7th October 1996 under regulation 9 of the Social Security (Credits) Regulations 1975 (credits for unemployment or incapacity for work), or
ii
after 6th October 1996 under regulation 8B of those Regulations (credits for incapacity for work), or
iii
under regulation 7 of those Regulations (credits for approved training),
and in each case these earnings were removed, on or after 1st July 2007, from the record of contributions paid by, or credited in respect of, that person on the relevant record system because the earnings had been recorded on that system due to an official error in relation to the relevant record system (“the removed earnings”).
3
In paragraph (2) “an official error in relation to the relevant record system” means an official error —
a
arising from a failure to transpose information relating to the removed earnings correctly from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ National Insurance Recording System 2; or
b
arising from clerical procedures related to that transposition.
4
The contributor may pay a Class 3 contribution in respect of any week to which the removed earnings related, provided this payment is made within the time specified in paragraph (5).
5
The time within which the contribution may be paid is the period beginning with 1st October 2007 and ending on 5th April 2014.
6
Nothing in this regulation limits the application of regulation 50 or 50A.
.
7
After regulation 61 (voluntary Class 2 contributions not paid within permitted period) insert —
Voluntary Class 2 contributions: tax years 1993-94 to 2007-08
61A
1
This regulation applies to Class 2 contributions which a person (“the contributor”) was entitled, but not liable, to pay in respect of the tax years 1993-94 to 2007-08 (“the relevant years”).
2
Paragraph (4) applies if the contributor —
a
was entitled under regulation 147 to pay a Class 2 contribution in respect of any of the relevant years; and
b
was credited with any earnings —
i
before 7 October 1996 under regulation 9 of the Social Security (Credits) Regulations 1975 (credits for unemployment or incapacity for work), or
ii
after 6 October 1996 under regulation 8B of those Regulations (credits for incapacity for work), or
iii
under regulation 7 of those Regulations (credits for approved training),
and in each case these earnings were removed, on or after 1st July 2007, from the record of contributions paid by, or credited in respect of, that person on the relevant record system because the earnings had been recorded on that system due to an official error in relation to the relevant record system (“the removed earnings”).
3
In paragraph (2) “an official error in relation to the relevant record system” means an official error —
a
arising from a failure to transpose information relating to the removed earnings correctly from the Department for Work and Pensions’ Pension Strategy Computer System to Her Majesty’s Revenue and Customs’ National Insurance Recording System 2; or
b
arising from clerical procedures related to that transposition.
4
The contributor may pay a Class 2 contribution in respect of any week to which the removed earnings related, provided this payment is made within the time specified in paragraph (5).
5
The time within which the contribution may be paid is the period beginning with 1st October 2007 and ending on 5th April 2014.
6
Nothing in this regulation limits the application of regulation 61.
.
8
After regulation 65 (Class 2 and Class 3 contributions paid late through ignorance or error) insert —
Amounts of Class 2 and Class 3 contributions in certain cases where earnings removed
65ZA
1
The amount of —
a
a Class 2 contribution payable by virtue of regulation 61A and paid during the period mentioned in paragraph (5) of that regulation;
b
a Class 2 contribution that satisfies the conditions in paragraph (2);
c
a Class 3 contribution payable by virtue of regulation 50B and paid during the period mentioned in paragraph (5) of that regulation,
shall, despite sections 12(3) and 13(6) of the Act, be calculated by reference to the weekly rate which would have been applicable if it had been paid during the contribution year to which it relates.
2
The conditions mentioned in paragraph (1)(b) are that:
a
there is a liability to pay the contribution;
b
earnings were removed in the circumstances described in paragraph (2)(b) of regulation 61A; and
c
the contribution is paid during the period beginning with 1st October 2007 and ending on 5th April 2014.
.
Steve McCabe
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Armed Forces (Gurkha Compensation) Order 2007.
2
This Order comes into force on 1st October 2007.
Amendments of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005
2
1
The Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 is amended as follows.
2
In article 2(1) (interpretation: general) —
a
in the definition of “Gurkha” omit “who was recruited in Nepal”,
b
after that definition insert —
“Gurkha Pension Scheme” means the Gurkha Pension Scheme constituted by the Royal Warrant of 19th December 1949 (see Army Order 151 of 1949);
.
3
In article 2(3) (meaning of “discharged on medical grounds”) —
a
in sub-paragraph (a) omit “in the case of a regular member,” and
b
for sub-paragraph (b) substitute
or
b
in the case of a Gurkha who is a member of the Gurkha Pension Scheme, is as a result entitled to a disability pension
.
4
In article 12(2) (application of Schedule 3 to the Order to Gurkhas) at the end insert “or former Gurkhas who are not members of the AFPS 1975 or the AFPS 2005”.
5
For Schedule 3 substitute —
SCHEDULE 3
MODIFICATIONS FOR GURKHAS WHO ARE MEMBERS OF THE GURKHA PENSION SCHEME
1
1
This Schedule sets out modifications of this Order that apply in relation to Gurkhas or former Gurkhas who —
a
are not members of the AFPS 1975 or the AFPS 2005 on the relevant date, and
b
in the case of former Gurkhas who have died before the relevant date, are not treated as if they were such members in connection with making payments of benefits to their surviving spouses, civil partners or other dependants.
2
The relevant date is —
a
for the purposes of article 16 —
i
in the case of a Gurkha or former Gurkha who is in service on or after 1st October 2007, the day on which that service ends, and
ii
in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007, the day after the option closing date, and
b
for the purposes of article 26 or 28 —
i
in the case of a Gurkha or former Gurkha who is in service on or after 1st October 2007, the day of death,
ii
in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007 and who died on or before the day after the option closing date, that day, and
iii
in the case of a Gurkha or former Gurkha whose service ended before 1st October 2007 and who has died later than the day after the option closing date, the date of death.
3
In paragraph (2) “the option closing date” means 31st January 2008 or, if the last date on which an option under rule L.3 of the AFPS 2005 may be exercised is later, that last date.
2
In the definition of “relevant factor” in articles 16(5), 26(3) and 28(6) for the words from “column (b)” to “column (a)” substitute “the second column of the table set out in Schedule 3 in relation to the relevant age specified in the first column”.
3
For article 31 substitute —
Reduction of guaranteed income payment, survivor’s guaranteed income payment and child’s payment to take account of other amounts
31
1
This article applies if —
a
a Gurkha within Schedule 3 to this Order is discharged, or
b
a Gurkha or former Gurkha within that Schedule dies.
2
If a former Gurkha is entitled to a guaranteed income payment for any period during which the former Gurkha is also entitled to a pension by virtue of the Gurkha Pension Scheme, guaranteed income payment is reduced by the amount of that pension.
3
If a person who is the surviving spouse, civil partner or other adult dependant of the Gurkha or former Gurkha is entitled to a survivor’s guaranteed income payment for any period during which the person is also entitled to a family pension in respect of the deceased Gurkha or former Gurkha by virtue of the Gurkha Pension Scheme, survivor’s guaranteed income payment is reduced by the amount of that pension
4
Paragraphs (5) and (6) apply if the Gurkha or former Gurkha dies —
a
without leaving a surviving spouse, civil partner or surviving adult dependant but leaving one or more eligible children, and
b
a family pension is payable as a result of the death.
5
If there is only one eligible child, the child’s payment is reduced by the amount of the family pension.
6
If there are two or more eligible children, the child’s payment paid to or in respect of each eligible child is reduced by the amount of the family pension, divided by the number of eligible children.
.
4
This is the table referred to in articles 16(5), 26(3) and 28(6) (as modifed by paragraph 2) —
Table of Guaranteed Income Payment Factors
Age last birthday Guaranteed income payment factor
16 0.841 17 0.834 18 0.828 19 0.822 20 0.814 21 0.807 22 0.800 23 0.792 24 0.783 25 0.774 26 0.766 27 0.756 28 0.746 29 0.736 30 0.725 31 0.713 32 0.701 33 0.688 34 0.675 35 0.660 36 0.646 37 0.630 38 0.613 39 0.596 40 0.577 41 0.558 42 0.538 43 0.515 44 0.492 45 0.467 46 0.440 47 0.411 48 0.382 49 0.348 50 0.314 51 0.276 52 0.235 53 0.191 54 0.144 55 0.091 Over 55 0.091
Signed by authority of the Secretary of State for Defence.
Derek Twigg
Under Secretary of State
Ministry of Defence
6th September 2007


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2007 and shall come into force on 1st April 2007.
Preliminary
2
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
Amendment to regulation 2 (interpretation)
3
In regulation 2, for sub-paragraph (a) there shall be substituted —
a
“ ADR certificate” means a special certificate of approval issued for a vehicle in pursuance of paragraphs 9.1.2.1 and 9.1.3.1 of Part 9 of Annex B to the European Agreement Concerning the International Carriage of Dangerous Goods by Road of the 30th September 1957 (ADR) , as amended by such amendments thereto as are in force on the day the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2007 are made, and references to an inspection of a vehicle or the issue of a certificate or a copy thereof are references to such an inspection, or issue of a certificate or copy, by the Secretary of State for Transport.
.
Increase in fees
4
In the regulations specified in column (1) of the Table below, for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
Table
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(a) 82 87 3(b) 82 87 4(2) 42 44 5(2) 82 87 6 12 13
Fee for a first ADR certificate for a tractor for a semi trailer
5
1
In regulation 3, after “regulations” there shall be inserted “3A,”.
2
After regulation 3, there shall be inserted —
3A
Where an application is made for a first ADR certificate in respect of a tractor for a semi trailer, and an inspection of the tractor is waived, the fee payable upon receipt of such an application shall be £25.
.
Amendment to regulation 7 (payment)
6
In regulation 7(1), after “regulation 3” there shall be added “or 3A”.
Signed by authority of the Secretary of State
S.J Ladyman
Minister of State
Department for Transport
21st February 2007
We consent to the making of these Regulations
Frank Roy
Claire Ward
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2007


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Representation of the People (England and Wales) and the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2007.
2
Subject to paragraph (3), these Regulations shall come into force on the fourteenth day after the day on which they are made.
3
These Regulations shall not have effect in relation to any election for which the date of poll specified in the notice of election issued in relation to that election is on or before 2 May 2007.
4
These Regulations do not extend to Scotland or Northern Ireland.
Amendment to the Representation of the People (England and Wales) Regulations 2001
2
1
In this regulation, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Representation of the People (England and Wales) Regulations 2001 .
Corresponding Number Lists
2
In regulation 63A(2) and (4) for “rules 29(3)(e), 37(1)(b) and 37(1)(d)” substitute “rules 29(3)(e) and 37(1)(b)”.
3
In regulation 63A(3) and (4) for “sections 44(2) or 44(6)” substitute “section 44 or 45”.
Forms
4
In Schedule 3 —
a
for Forms A, B, L2 and M2, substitute Forms A, B, L2 and M2 as set out in the Schedule to these Regulations; and
b
in the heading to Form B1 for “From B1” substitute “Form B1”.
Interpretation of Part 7
5
In regulation 116(1) for “rule 55(1)(b) and (c)” substitute “rule 55(1)(e)”.
Supply of marked registers and lists after an election
6
In regulation 117(7) for “referred to in paragraph (6)” substitute “in regulations 100(3), 103(3), 105(4), 106(3), 108(5) and 109(3) shall”, and for “the marked register or lists” substitute “a marked register or list”.
Fees relating to the supply of marked registers and lists
7
In regulation 120 for “paragraph (3)” substitute “paragraph (4)”.
Amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004
3
In paragraph 28 of Schedule 2 to the Representation of the People (Combination of Polls) Regulations 2004 , in the text to be substituted, delete paragraph 1 of the Guidance for Voters at Combined Polls and renumber the remaining paragraphs accordingly.
Signed by authority of the Secretary of State
Bridget Prentice,
Parliamentary Under Secretary of State
Department for Constitutional Affairs
26th March 2007


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) (No. 2) Order 2007 and comes into force on 1st January 2008.
2
Group 7 of Schedule 7A to the Value Added Tax Act 1994 (charge at reduced rate for residential renovations and alterations) is amended as follows.
3
In sub-paragraphs (2), (3)(a), (3)(b)(ii) and (3)(c) of paragraph 3 of the Notes, for “3 years” substitute “2 years”.
4
Accordingly, in the heading of that paragraph for “3 years” substitute “2 years”.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 2007


text:
Citation and commencement
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2007.
2
These Regulations shall come into force on 1st June 2007 and have effect from 20th September 2004 , subject to paragraph (3).
3
These Regulations shall have effect from 1st July 2000 in so far as they relate to two persons —
a
each of whom is a member of a police force;
b
who are both appointed to perform part-time service; and
c
who are, and were at the time that the last of them was appointed to perform part-time service, married to and not separated from each other.
Amendments to the Police Regulations 2003
2
1
Schedule 3 to the Police Regulations 2003 (replacement allowance) is amended as follows.
2
In paragraph 1(1) for “7” substitute “8”.
3
In paragraph 3(2) for the words “paragraph 7” substitute “paragraphs 7 and 8”.
4
In paragraph 5(2)(a) after the word “applies” insert “, and subject to paragraph 8”.
5
After paragraph 7 insert the following paragraph —
Modification of compensatory allowance
8
1
This paragraph applies to a member whose entitlement to a replacement allowance is calculated in whole or in part by reference to the rate at which he was in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations .
2
This paragraph also applies to a member who would be entitled to a replacement allowance calculated in whole or in part by reference to the rate at which he would have been in receipt of a compensatory allowance under regulation 52B of the 1987 Regulations had that regulation provided as set out in paragraph (3) before 1st September 1994.
3
A member to whom this paragraph applies is entitled to a replacement allowance calculated as if for regulation 52B of the 1987 Regulations there were substituted the following regulation —
Compensatory allowance
52B
1
This regulation applies where two or more persons, each of whom is a member of a police force, are living in the same accommodation and at least one of them is appointed to perform part-time service.
2
Where this regulation applies those persons are entitled to a compensatory allowance of a proportion of the appropriate amount determined in accordance with guidance issued by the Secretary of State.
3
Where there are only two persons living in the same accommodation and only one of them is appointed to perform part-time service, the appropriate amount is given by the formula
( A + B ) − ( C + D )
where —
A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to the full-time member before the part-time member’s appointment as such,
B is the notional amount for the time being of any allowances that were then so payable to the part-time member,
C is the amount for the time being of any allowances that are so payable to the full-time member,
D is the amount for the time being of any allowances that are so payable to the part-time member.
4
Where there are only two persons living in the same accommodation and each of them is appointed to perform part-time service, the appropriate amount is given by the formula
( A + B ) − ( C + D )
where —
A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to one of the members (the “first part-time member”) before his appointment as such,
B is the notional amount for the time being of any allowances that were then so payable to the other member,
C is the amount for the time being of any allowances that are so payable to the first part-time member,
D is the amount for the time being of any allowances that are so payable to the other member.
5
Where there are more than two persons living in the same accommodation, the appropriate amount is given by the formula
A − B
where —
A is the aggregate notional amount for the time being of any allowances that were payable under regulations 49 to 51 to those members before the appointment of one of them as a part-time member,
B is the aggregate amount for the time being of any allowances that are so payable to those members.
6
For the purposes of this regulation the notional amount for the time being of an allowance is the amount that would for the time being be payable if the part-time member were a full-time member.
.
Tony McNulty
Minister of State
Home Office
30th March 2007


text:
Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007.
2
These Regulations come into force on 30th March 2007.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Pensions Act 2004;
“financial year” means a period of 12 months ending with 31st March;
“pension protection levy”, “risk-based pension protection levy” and “scheme-based pension protection levy” are to be construed in accordance with section 175 of the Act (which provides for the imposition of pension protection levies in respect of eligible schemes);
“relevant benefits” means benefits other than money purchase benefits;
“relevant employment”, in relation to a scheme, means any employment to which the scheme applies;
“segregated scheme” means a multi-employer scheme which is divided into two or more sections where —
any contributions payable to the scheme by an employer in relation to the scheme or by a member are allocated to that employer’s or that member’s section, and
a specified proportion of the assets of the scheme is attributable to each section of the scheme and cannot be used for the purposes of any other section;
“unallocated assets”, in relation to a scheme, means any assets of the scheme which have not been specifically allocated for the provision of benefits to, or in respect of, members (whether generally or individually).
2
In these Regulations —
a
references to a scheme include, in the case of a segregated scheme, any section of the scheme; and
b
references to the dissolution of a company are to the dissolution of the company in accordance with section 201 of the Insolvency Act 1986 (dissolution on a voluntary winding up).
Waiver of pension protection levy
Waiver of pension protection levy
3
1
In respect of any financial year the Board may, in the circumstances specified in any paragraph of regulation 4 , waive the amount payable by way of either or both —
a
the risk-based pension protection levy imposed in respect of a scheme;
b
the scheme-based pension protection levy imposed in respect of a scheme.
2
But paragraph (1) is subject to the restrictions specified in regulations 6 and 7 .
3
A waiver may be granted under paragraph (1) —
a
in the case of a scheme falling within regulation 4 (1), either on an application under regulation 5 or of the Board’s own initiative;
b
in any other case, only on an application under regulation 5 .
4
Where the Board receives an application for the grant of a waiver in respect of a scheme, it must determine the application as soon as reasonably practicable and —
a
if it grants the waiver, it must issue a notice of it and give a copy of the notice to the trustees or managers of the scheme; or
b
if it refuses to grant the waiver, it must give the trustees or managers notice of the refusal.
5
A notice under paragraph (4) must be in writing and, in the case of a refusal to grant the waiver, must state the Board’s reasons.
6
The Board may request such additional information from the applicant as it reasonably requires for the purpose of making a determination under paragraph (4).
Circumstances in which pension protection levy may be waived
4
1
The circumstances specified in this paragraph are that —
a
immediately before 6th April 2006, the scheme was a former approved superannuation fund within the meaning of paragraph 1(1)(b) of Schedule 36 to the Finance Act 2004 (deemed registration of existing schemes); and
b
the proposed waiver relates to the amount payable by way of any pension protection levy which was imposed for the financial year beginning on 1st April 2006.
2
The circumstances specified in this paragraph are that the scheme is authorised under section 153 of the Act (closed schemes) to continue as a closed scheme.
3
The circumstances specified in this paragraph are that the Board is satisfied in respect of the scheme that —
a
no further contributions will be paid towards the scheme by or on behalf of members in respect of relevant benefits; and
b
all relevant benefits which are payable in accordance with each member’s entitlement or accrued rights (including pension credit rights within the meaning of section 124(1) of the Pensions Act 1995 (interpretation of Part 1)) under the scheme rules will be provided in full by a policy of insurance or an annuity contract, or by more than one such policy or contract.
4
The circumstances specified in this paragraph are that —
a
the scheme has no active members;
b
a liquidator has been appointed for the purposes of a voluntary winding up of the company which, immediately before the time at which the scheme ceased to have any active members, was the employer of persons in relevant employment;
c
the liquidator has sent to the registrar of companies his final account and return under section 94 of the Insolvency Act 1986 (final meeting prior to dissolution); and
d
it appears to the Board that it is reasonable to expect that the dissolution of the company will take effect on or before 31st December of the financial year to which the proposed waiver relates (but see regulation 7 ).
Application for waiver of pension protection levy
5
1
The trustees or managers of a scheme may apply to the Board for it to grant a waiver under regulation 3 of the amount payable by way of any pension protection levy in respect of the scheme.
2
An application under this regulation must be made —
a
before the end of the period of 28 days commencing with the notification date specified in paragraph (3); and
b
in such manner as the Board may direct.
3
The notification date specified in this paragraph is —
a
the date on which the person liable to pay the levy is notified under section 181(3)(c) of the Act (notification of amount of levy and date or dates on which it becomes payable); or
b
if more than one date is notified for payment to be made in instalments, the earliest such date.
Restrictions as to grant of waiver
6
1
This regulation applies where an application is made for the grant of a waiver under regulation 3 in respect of a financial year.
2
No waiver may be granted in respect of the amount payable in respect of a scheme by way of —
a
the risk-based pension protection levy, if the amount payable by way of that levy in respect of the scheme has already been paid;
b
the scheme-based pension protection levy, if the amount payable by way of that levy in respect of the scheme has already been paid.
3
In the case of a scheme falling within regulation 4(3) , no waiver may be granted in respect of the amount payable by way of the scheme-based pension protection levy unless, in addition to the circumstances specified in regulation 4(3) , the Board is also satisfied that there are insufficient unallocated assets in the scheme to meet its liabilities in respect of the payment of that levy in full.
Waiver cancelled in the event of non-dissolution of a company in voluntary winding up
7
1
This regulation applies where a waiver is granted under regulation 3 in respect of a financial year to a scheme falling within regulation 4(4) .
2
The date on which the waiver takes effect is postponed until the Board is satisfied that the company being wound up has been dissolved on or before 31st December of the financial year in question.
3
Where the Board is not satisfied that the requirements of paragraph (2) have been met, the waiver is cancelled and the Board must re-notify the trustees or managers of the scheme of the amount of the pension protection levy in respect of the scheme, stating the date or dates on which that amount is now payable.
Consequential amendments
Amendment of Schedule 9 to the Act
8
In Schedule 9 to the Act (reviewable matters), after paragraph 19 insert —
19A
Any determination by the Board of an application for the grant of a waiver under regulation 3 of the Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 ( S.I. 2007/771 ) (waiver of payment of the pension protection levy) or the failure to make such a determination.
.
Amendment of the Schedule to the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005
9
After paragraph 19 of the Schedule to the Pension Protection Fund (Review and Reconsideration of Reviewable Matters) Regulations 2005 (interested persons who may apply for review of matters specified in Schedule 9 to the Act) —
a
in the first column, insert —
19A
Paragraph 19A
;
b
in the second column, insert —
19A
The trustees or managers of the scheme in respect of which the trustees or managers have made an application for the grant of a waiver under regulation 3 of the Pension Protection Fund (Waiver of Pension Protection Levy and Consequential Amendments) Regulations 2007 ( S.I. 2007/771 ) (waiver of payment of the pension protection levy).
.
Signed by authority of the Secretary of State for Work and Pensions.
James Purnell
Minister of State,
Department for Work and Pensions
9th March 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export and Trade Control Order 2007 and shall come into force on XXth July 2007.
2
In this Order, “the 2003 Order ” means the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 .
Amendment of Schedules 1 and 2 to 2003 Order
2
1
In Schedule 1 to the 2003 Order, after the definition of “energetic materials” insert —
“explosive signatures” are features which are characteristic of explosives in any form prior to their initiation, as detected using technology including, but not limited to, ion mobility spectrometry, chemiluminescence, fluorescence, nuclear, acoustic or electromagnetic techniques;
.
2
Part 1 of Schedule 1 to the 2003 Order is amended as set out in Part 1 of Schedule 1 to this Order.
3
Part 2 of Schedule 1 to the 2003 Order is amended as set out in Part 2 of Schedule 1 to this Order.
4
Schedule 2 to the 2003 Order is amended as set out in Schedule 2 to this Order.
5
References in —
a
the Trade in Goods (Control) Order 2003 , and
b
the Trade in Controlled Goods (Embargoed Destinations) Order 2004
to Schedule 1 to the 2003 Order shall be construed as references to that Schedule as amended by this Order.
Miscellaneous amendments
3
1
In Schedule 5 to the 2003 Order, for “Council Regulation ( EC ) No. 1504/2004 of 19 July 2004 (O.J. L 281, 31.08.2004, p1).” substitute “Council Regulation (EC) No. 394/2006 of 27 February 2006 (O.J. L 74 , 13.3.2006, p.1).”.
2
In article 3 of the Export Control (Lebanon, etc. ) Order 2006 , for “paragraph (1A)” substitute “paragraph 3(1A)”.
Malcolm Wicks
Minister of State for Science and Innovation
Department of Trade and Industry
26th June 2007


text:
Citation, commencement and application
1
1
These Regulations —
a
may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2007, and
b
come into force on 13th February 2007.
2
These Regulations apply in relation to the financial year beginning on 1st April 2007.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999 .
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
Table
Column 1 Column 2 Amounts for P1 £ Column 3 Amounts for P2 £
Redistributed non-domestic rates 217,887,423 733,869,353 Revenue Support Grant 36,566,005 123,158,416 General GLA Grant 38,348,000 Nil Additional Grant Nil Nil Police Grant Not applicable 1,026,711,642
Signed by authority of the Secretary of State for Communities and Local Government
Phil Woolas
Minister of State
Department for Communities and Local Government
7th February 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Manufacture and Storage of Explosives and the Health and Safety (Enforcing Authority) (Amendment and Supplementary Provisions) Regulations 2007 and shall come into force on 1 st October 2007.
2
In these Regulations —
a
“the 1998 Regulations ” means the Health and Safety (Enforcing Authority) Regulations 1998 ; and
b
“the 2005 Regulations ” means the Manufacture and Storage of Explosives Regulations 2005 .
Amendment of the 2005 Regulations
2
1
The 2005 Regulations are amended as follows.
2
In regulation 2(1) —
a
in the definition of “local authority”, in paragraph (c), before “fire and rescue authority” insert “metropolitan county”; and
b
in the definition of “registration”, omit “save in regulation 22 and Schedule 4”.
3
In regulation 9, in paragraph (2)(a), for “those Regulations” substitute “the Control of Explosives Regulations 1991 ”.
Amendment of the 1998 Regulations
3
Regulation 4(11) of the 1998 Regulations is amended by the insertion of “local authority,” after “licensing authority,”.
Supplementary provisions
4
1
Paragraph (2) applies in the case of licences granted by the Executive under regulation 13 of the 2005 Regulations before the commencement of these Regulations to which the assent of a fire and rescue authority was required pursuant to regulation 13(3) but the assent of a local authority other than a fire and rescue authority was obtained instead.
2
Where this paragraph applies, the licence granted shall have effect after the commencement of these Regulations as if the assent of the relevant fire and rescue authority had been duly obtained.
3
Paragraph (4) applies in the case of a licence or registration granted by a local authority other than a fire and rescue authority under, respectively, regulation 13 or 11 of the 2005 Regulations before the commencement of these Regulations, where the authority which had the power to grant the licence or registration was the fire and rescue authority instead.
4
Where this paragraph applies the licence or registration shall have effect after the commencement of these Regulations as if it had been granted by the relevant fire and rescue authority.
5
In respect of a site in relation to which a person has been granted such a licence or registration as is referred to in paragraph (3), regulation 4(7)(a) of the 1998 Regulations shall have effect as if it provided that the enforcing authority shall be the local authority which, before the commencement of these Regulations, granted the licence or registration.
6
Where before the commencement of these Regulations a fire and rescue authority, other than a metropolitan county fire and rescue authority, was an enforcing authority for the purposes of regulation 4(7) of the 1998 Regulations, the county council or, if there is none, the district council shall be the enforcing authority in place of the fire and rescue authority in relation to the matters referred to in sub-paragraphs (a) to (c) of regulation 4(7) of the 1998 Regulations in the area of that county or district council, as the case may be.
7
In this regulation, “licence”, “local authority”, “registration” and “site” have the same meanings as in the 2005 Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Bill McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th September 2007


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Register) (Amendment) (No. 2) Regulations 2007 and shall come into force on 21st December 2007.
Amendment of the Wireless Telegraphy (Register) Regulations 2004
2
Part 4 of the Schedule to the Wireless Telegraphy (Register) Regulations 2004 is amended by inserting at the end of Column 2 —
10.125–10.225 GHz
10.475–10.575 GHz
27.8285–28.0525 GHz
28.0525–28.1645 GHz
28.1925–28.3045 GHz
28.3325–28.4445 GHz
28.8365–29.0605 GHz
29.0605–29.1725 GHz
29.2005–29.3125 GHz
29.3405–29.4525 GHz
31.815–32.571 GHz
32.627–33.383 GHz
40.50–42.00 GHz
42.00–43.50 GHz
.
Philip Rutnam
Partner, Spectrum Policy
For and by authority of the Office of Communications
30th November 2007


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Macedonia) Order 2007.
Double taxation arrangements to have effect
2
It is declared that —
a
the arrangements specified in the Agreement set out in Part 1 of the Schedule to this Order and in the Protocol set out in Part 2 of that Schedule have been made with the Government of the Republic of Macedonia with a view to affording relief from double taxation in relation to income tax, corporation tax and capital gains tax and taxes of a similar character imposed by the laws of Macedonia;
b
those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration, enforcement or recovery of the taxes, and debts relating to the taxes, covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
it is expedient that those arrangements should have effect.
Judith Simpson
Clerk of the Privy Council


text:
1
This Order may be cited as the A34 Trunk Road (Chieveley Interchange) (40 Miles Per Hour Speed Limit) Order 200 and shall come into force on 12th February 2007.
2
In this Order:
“the A34” means the A34 Trunk Road near Chieveley in the District of West Berkshire;
“the M4” means the M4 Motorway near Chieveley in the District of West Berkshire;
“Junction 13” means the junction of the M4 with the A34;
“carriageway” means any way (other than a cycle track) comprised in the trunk road over which the public have a right of way for the passage of vehicles and which has a surface suitable for the exercise of that right;
“on-slip” means any road leading to the A34; and
“off-slip” means any road leading from the A34.
3
No person shall cause or permit any vehicle to be driven at a speed exceeding 40 miles per hour on the lengths of the A34 specified in Schedule 1 to this Order.
Signed by authority ofthe Secretary of State for Transport
John Aspinall
Divisional Director Highways Agency
Department for Transport
24th January 2007