text:
Citation and Commencement
1
These Regulations may be cited as the Children and Young People’s Plan (England) Regulations 2005 and shall come into force on 1st September 2005.
Interpretation
2
In these Regulations —
“appropriate diocesan authority”, “Church of England School” and “Roman Catholic Church School” have the same meanings as in section 142(1) of the School Standards and Framework Act 1998 ;
“authority” means a children’s services authority in England;
“plan” means a children and young people’s plan setting out the authority’s strategy for discharging their functions in relation to children and relevant young persons;
“plan period” in relation to any plan means the period (determined by the authority) to which any plan relates;
“relevant partners” has the same meaning as in section 10;
“school organisation committee” has the same meaning as in section 24 of the School Standards and Framework Act 1998; and
“section 10” means section 10 of the Children Act 2004;
Requirement to prepare and publish a plan
3
Except as provided in regulation 9, each authority shall, in accordance with these Regulations, prepare and publish a plan.
Matters to be dealt with in the plan
4
1
Each plan shall set out the improvements which the authority intend to make during the plan period to the well-being of children and relevant young persons so far as relating to —
a
physical and mental health and emotional well being;
b
protection from harm and neglect;
c
education, training and recreation;
d
the contribution made by them to society; and
e
social and economic well-being
(referred to in this regulation as the “outcomes”).
2
Each plan shall in particular include —
a
a statement of the authority’s vision for children and relevant young persons;
b
a needs assessment against the outcomes;
c
an outline of the key actions planned to achieve the improvements so far as relating to the outcomes;
d
a statement as to how the authority’s budget will be used to contribute to those improvements; and
e
a statement as to how the plan relates to the authority’s performance management and review of services for children and relevant young persons.
3
Each plan shall set out the arrangements which the authority propose (pursuant to section 10) to make for working during the plan period with the authority’s relevant partners and such other bodies as the authority consider appropriate.
Timing of publication of the plan
5
1
Subject to regulations 9(2) and (3), the first plan shall be published on or before 1st April 2006.
2
Each subsequent plan shall be published no later than 6 weeks after the end of the plan period for the previous plan.
Manner of publication of the plan
6
The authority shall publish each plan by —
a
placing it on the authority’s website;
b
sending a copy of the plan to each of the persons and bodies with whom the authority have made arrangements under section 10; and
c
depositing sufficient copies of the plan to allow members of the public to take a copy in such public libraries and other places to which the public have access in the area of the authority as they consider appropriate.
Consultation during preparation of the plan
7
1
During the preparation of each plan the authority shall consult —
a
such children, relevant young persons and families (including persons with parental responsibility for, or who have the care of children) in the area of the authority as the authority consider appropriate;
b
such persons or bodies representing children, relevant young persons or families as the authority consider appropriate;
c
the appropriate diocesan authority for any foundation or voluntary school situated in the authority’s area which is a Church of England or Roman Catholic Church school;
d
the school organisation committee for the authority’s area;
e
such persons or bodies providing voluntary services relating to children and relevant young persons in the area of the authority;
f
such groups of persons representing local communities as the authority consider appropriate;
g
the Local Safeguarding Children Board for the authority’s area; and
h
each of the authority’s relevant partners.
2
If before the day on which these Regulations come into force any consultation was undertaken which if it had been undertaken after that day would to any extent have satisfied the requirements of paragraph (1), those requirements shall to that extent be taken to have been satisfied.
Review of the plan
8
1
The authority shall review their plan in each year in which the authority is not required to publish a plan.
2
During the conduct of such a review the authority shall consult such persons as they consider appropriate.
3
The authority shall publish the result of the review in such manner as they consider appropriate.
Exception for “excellent” authorities
9
1
Regulations 3 to 8 shall not apply to any children’s services authority if, at the time when they would otherwise, by virtue of regulation 5, be required to publish a plan, they are categorised as excellent by reason of an order made by the Secretary of State under section 99(4) of the Local Government Act 2003 .
2
Paragraph (3) applies (instead of regulation 5(1)) where a children’s services authority cease by reason of an order made by the Secretary of State under 99(4) of the Local Government Act 2003 to be categorised as excellent.
3
Where this paragraph applies, the first plan to be prepared and published after the authority ceased to be categorised as excellent shall be published on or before 1 st April in the second year after the authority ceased to be so categorised.
Beverley Hughes
Minister of State
Department for Education and Skills
1 August 2005


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Energy Act 2004 (Commencement No. 5) Order 2005.
2
In this Order, “ the Act ” means the Energy Act 2004.
Commencement
2
1
The provisions of the Act specified in Schedule 1 shall come into force on 1st April 2005.
2
The provisions of the Act specified in Schedule 2 shall come into force on 1st October 2005.
3
The provisions of the Act specified in Schedule 3 shall come into force on 1st January 2006
Mike O' Brien
Minister of State for Energy and E-Commerce,
Department of Trade and Industry
21st March 2005


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) (Amendment) Order 2005 and shall come into force on 24th October 2005.
Amendment of the Land Registration (Proper Office) Order 2003
2
1
The Land Registration (Proper Office) Order 2003 is amended as follows.
2
In article 2(2), after “Executives” in (c) of the definition of “conveyancer” there is inserted “, or (d) a duly certificated notary public”.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
30th June 2005


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Radioactive Contaminated Land (Enabling Powers)(England) Regulations 2005 and come into force on 20th January 2006.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“Article” means an Article of the Directive;
“Part 2A” means Part 2A of the Environmental Protection Act 1990;
“relevant harm” means harm so far as attributable to any radioactivity possessed by any substance; and
“Title” means a Title of the Directive.
4
For the purposes of paragraph (3) “the Directive” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation, and for the purposes of Schedule 2 “this Directive” has the same meaning.
Extension and modification of Part 2A
2
For the purposes of the exercise by the Secretary of State of any power conferred by Part 2A to make regulations or orders, give directions or issue guidance in relation to relevant harm, Part 2A shall apply in relation to such harm, and shall have effect with the modifications made by Schedule 1 for the purpose of dealing with such harm.
Interpretation of modifications
3
The definitions set out in Schedule 2 (which reproduce definitions contained in Article 1) apply for the purpose of the interpretation of the modifications made by these Regulations to Part 2A.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
14th December 2005


text:
Citation and interpretation
1
1
This Order may be cited as the Railways Act 2005 (Commencement No. 2) Order 2005.
2
In this Order “ the Act ” means the Railways Act 2005.
Commencement
2
The provisions of the Act specified in the Schedule to this Order shall come into force on 24th July 2005.
Signed by authority of the Secretary of State for Transport
Derek Twigg
Parliamentary Under Secretary of State
Department for Transport
12th July 2005


text:
PART 1
PRELIMINARY
Title, commencement and application
1
These Regulations —
a
may be cited as the Official Feed and Food Controls (England) Regulations 2005;
b
come into force on 1st January 2006; and
c
apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“ the Agency ” means the Food Standards Agency;
“authorised officer” —
in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Official Control Regulations ; and
in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to their execution and enforcement of regulation 16;
“competent authority” means an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 to enforce that Act within its area or district as the case may be;
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Official Control Regulations” means these Regulations and Regulation 882/2004;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“primary production” has the meaning it bears in Regulation 852/2004;
“Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004” and “Directive 2004/41” have the meanings respectively given to them in Schedule 1;
“relevant enforcement authority” means a body which, by virtue of regulation 17, is made responsible for executing and enforcing paragraph (3) of regulation 5, paragraph (8) of regulation 9 and regulations 11 and 16;
“relevant feed law” has the meaning given to it in Schedule 2; and
“relevant food law” has the meaning given to it in Schedule 3.
2
Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
3
Any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004 as the case may be.
4
Any reference in these Regulations to a food authority includes a reference to a port health authority and in the context of such a reference any reference to a food authority’s area includes a reference to a port health authority’s district.
PART 2
MAIN PROVISIONS
Competent authorities
3
1
Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
2
Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation shall extend to its area or district only, as the case may be.
3
Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.
4
Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation shall extend to its area only.
5
Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation shall extend in relation to primary production and the associated operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2005 by virtue of regulation 5(1)(a) of those Regulations.
6
Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e), in relation to those establishments and activities in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2005 by virtue of regulation 5(2) of those Regulations.
Exchanging and providing information
4
1
For the purposes of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed upon them by Regulation 882/2004 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution and enforcement of relevant feed law or relevant food law.
2
For the purpose of executing and enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution and enforcement of relevant feed law or relevant food law.
3
Competent authorities may share information received by them in the execution and enforcement of relevant feed law or relevant food law with the bodies that execute and enforce relevant feed law or relevant food law in Wales, Northern Ireland and Scotland for the purposes of facilitating the execution and enforcement of relevant feed law or relevant food law in those countries.
4
Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
5
For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
Obtaining information
5
1
For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a control body —
a
to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
b
to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
2
The competent authority may copy any records made available to it under paragraph (1)(b).
3
A person who —
a
fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
b
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
4
For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
Power to issue codes of recommended practice
6
1
For the guidance of feed authorities and food authorities the Secretary of State may issue codes of recommended practice as regards —
a
functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; or
b
the execution and enforcement of Part 3 of these Regulations,
and any such code shall be laid before Parliament after being issued.
2
The Agency may, after consulting the Secretary of State, give a feed authority or food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.
3
In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004, every feed authority and food authority —
a
shall have regard to any relevant provision of any such code; and
b
shall comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
4
Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
5
The Agency shall consult the Secretary of State before making an application under paragraph (4).
6
Before issuing any code under this regulation, the Secretary of State shall have regard to any relevant advice given by the Agency.
Monitoring of enforcement action
7
1
The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.
2
That function includes, in particular, setting standards of performance (whether for enforcement authorities generally or for particular authorities) in relation to the enforcement of any relevant audit legislation.
3
Each annual report of the Agency shall contain a report on its activities during the year in enforcing any relevant audit legislation for which it is the enforcement authority and its performance in respect of —
a
any standards under paragraph (2) that apply to those activities; and
b
any objectives relating to those activities that are specified in the statement of objectives and practices under section 22 of the Food Standards Act 1999 .
4
The Agency may make a report to any other enforcement authority on their performance in enforcing any relevant audit legislation and such a report may include guidance as to action which the Agency considers would improve that performance.
5
The Agency may direct an authority to which such a report has been made —
a
to arrange for the publication in such manner as may be specified in the direction of, or of specified information relating to, the report; and
b
within such period as may be so specified to notify the Agency of what action they have taken or propose to take in response to the report.
6
Section 19 of the Food Standards Act 1999 shall apply in relation to information obtained through monitoring under this regulation as if it were information obtained through monitoring under section 12 of that Act.
Power to request information relating to enforcement action
8
1
For the purpose of carrying out its function under regulation 7 in relation to any enforcement authority the Agency may require a person mentioned in paragraph (2) —
a
to provide the Agency with any information which it has reasonable cause to believe that person is able to give; or
b
to make available to the Agency for inspection any records which it has reasonable cause to believe are held by that person or otherwise within his control (and, if they are kept in computerised form, to make them available in a legible form).
2
A requirement under paragraph (1) may be imposed on —
a
the enforcement authority or any member, officer or employee of the authority; or
b
a person subject to any duty under relevant audit legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person.
3
The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).
Power of entry for persons monitoring enforcement action
9
1
The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 7 in relation to any enforcement authority.
2
No authorisation under this regulation shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub–committee or member of the Agency acting on behalf of the Agency.
3
An authorisation under this regulation shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).
4
An authorised person may —
a
enter any premises mentioned in paragraph (5) at any reasonable hour in order to inspect the premises or anything which may be found on them;
b
take samples of any articles or substances found on such premises;
c
inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);
d
require any person present on such premises to provide him with such facilities, such records or information and such other assistance as he may reasonably request.
5
The premises which may be entered by an authorised person are —
a
any premises occupied by the enforcement authority;
b
any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and
c
any other premises (not being a private dwelling–house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.
6
The power to enter premises conferred on an authorised person includes power to take with him any other person he may consider appropriate.
7
An authorised person shall on request —
a
produce his authorisation before exercising any powers under paragraph (4); and
b
provide a document identifying any sample taken, or documents copied, under those powers.
8
If a person who enters any premises by virtue of this section discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
9
Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).
10
In this regulation “authorised person” means a person authorised under this regulation.
Meaning of “enforcement authority” and related expressions
10
1
In regulations 7 to 9 “relevant audit legislation” means relevant feed law and relevant food law in respect of which the Agency is designated as a competent authority pursuant to paragraphs (1) and (3) respectively of regulation 3 but does not include “relevant legislation” as defined in section 15 of the Food Standards Act 1999.
2
In regulations 7 to 9 “enforcement authority” means the authority by whom relevant audit legislation is to be enforced and includes the Agency itself if by virtue of that legislation it is the enforcement authority in relation to it but does not include the European Commission; and “enforcement” in relation to relevant audit legislation includes the execution of any provisions of that legislation.
3
Any reference in regulations 7 to 9 (however expressed) to the performance of an enforcement authority in enforcing any relevant audit legislation includes a reference to the capacity of that authority to enforce it.
Offences relating to regulations 8 and 9
11
A person who —
a
intentionally obstructs a person exercising powers under paragraph (4)(a), (b) or (c) of regulation 9;
b
fails without reasonable excuse to comply with any requirement imposed under paragraph (1) of regulation 8 or paragraph (4)(d) of regulation 9; or
c
in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
Right of appeal
12
1
Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to —
a
Article 31(2)(c) of Regulation 882/2004 (approval);
b
Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval); or
c
Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval),
may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
5
Where an approval is withdrawn, the food business operator who, immediately before such withdrawal, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the competent authority for the protection of public health, unless —
a
the time for appealing against the decision to withdraw the approval has expired without an appeal having been lodged; and
b
where an appeal against that decision has been lodged, the appeal has been finally disposed of or abandoned.
6
Nothing in paragraph (5) shall permit an establishment to be used for a food business if —
a
a hygiene prohibition order, a hygiene emergency prohibition notice or a hygiene emergency prohibition order has been imposed in relation to the establishment;
b
a prohibition order, an emergency prohibition notice, an emergency prohibition order or an emergency control order has been imposed in relation to the establishment pursuant to section 11, 12 or 13 of the Act;
c
the approval of the establishment has been suspended pursuant to Article 31(2)(e) of Regulation 882/2004; or
d
the establishment is prevented from operating following the service of a remedial action notice.
7
In this Regulation each of the terms “hygiene prohibition order”, “hygiene emergency prohibition notice”, “hygiene emergency prohibition order” and “remedial action notice” has the same meaning that it bears in the Food Hygiene (England) Regulations 2005.
Appeal to Crown Court against dismissal of appeal under regulation 12(1)
13
A person who is aggrieved by the dismissal by a magistrates' court of an appeal to it under regulation 12(1) may appeal to the Crown Court.
Staff of competent authority of another member State
14
An authorised officer of a competent authority may take with him the staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004.
Commission experts
15
1
When an enforcing officer enters premises for the purposes of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004.
2
In this Regulation “enforcing officer” means an authorised officer of any authority which is responsible for executing and enforcing official controls for the verification of compliance with relevant feed law or relevant food law.
Prohibition on disclosure of trade secrets
16
If a person enters any premises by virtue of regulation 14 or 15 and discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
Execution and enforcement
17
1
The authority responsible for executing and enforcing paragraph (3) of regulation 5 shall be the competent authority who imposed the requirement on the control body concerned under paragraph (1) of that regulation.
2
The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 shall be the Agency.
3
The authority responsible for executing and enforcing regulation 16 shall be the authority whose officer took the person who made the disclosure on to the premises concerned.
Powers of entry
18
1
An authorised officer of a relevant enforcement authority other than the Agency shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area or as the case may be district for the purpose of ascertaining whether there is or has been on the premises any contravention of paragraph (3) of regulation 5 or regulation 16 for which that authority has enforcement responsibility pursuant to paragraph (1) or as the case may be (3) of regulation 17; and
b
to enter any premises, whether within or outside the authority’s area or as the case may be district, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area or district,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of —
a
ascertaining whether there is or has been on the premises any contravention of paragraph (8) of regulation 9 or regulation 11, or any contravention of paragraph (3) of regulation 5 or regulation 16 for which the Agency has enforcement responsibility pursuant to paragraph (1) or as the case may be (3) of regulation 17; and
b
ascertaining whether there is on the premises any evidence of any such contravention,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
4
Every warrant granted under this regulation shall continue in force for a period of one month.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
6
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
7
Any officer exercising any power conferred by paragraph (6) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Part of the Regulations; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
8
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
9
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers
19
1
Any person who —
a
intentionally obstructs any person acting in the execution of this Part of these Regulations; or
b
without reasonable cause, fails to give to any person acting in the execution of this Part of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under this Part of these Regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Penalties
20
1
Subject to paragraph (2), a person guilty of an offence under this Part of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
2
A person guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9 or regulation 11 or 16 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under regulation 19 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions
21
No prosecution for an offence under this Part of these Regulations which is punishable under paragraph (1) of regulation 20 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 3
OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES
Interpretation of this Part of these Regulations
22
In this Part of these Regulations —
“authorised officer”, in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under the Import Provisions;
“the Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;
“enforcement authority” means the feed authority or the food authority;
“the Import Provisions” means this Part of these Regulations and Articles 15 to 24 of Regulation 882/2004;
“outside England enforcement authority” means the body responsible for enforcing the legislation in force with respect to imported products in any part of the United Kingdom except England;
“product” means feed or food whose import is regulated by Article 15 of Regulation 882/2004 (feed and food of non–animal origin not included in the scope of Directive 97/78/EC ) and includes those composite food products listed in the Annex to Commission Decision 2002/349/EC laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC which include only a limited percentage of products of animal origin and which are thereby excluded from the provisions of Directive 97/78/EC by Article 3(1) of that Decision; and
“the relevant territories” means the territories referred to in Annex I to Regulation 882/2004.
Feed enforcement responsibilities
23
It shall be the responsibility of each feed authority to execute and enforce the Import Provisions in its area or district as the case may be in relation to feed.
Food enforcement responsibilities
24
It shall be the responsibility of each food authority to execute and enforce the Import Provisions in its area in relation to food.
Functions of the Commissioners
25
The Commissioners shall carry out the functions given to customs services under Article 24 of Regulation 882/2004 in relation to feed and food.
Deferred execution and enforcement
26
1
Where —
a
a product from a third country has entered England;
b
customs examination of that product has been completed or has been deferred until it reaches its place of destination elsewhere in the United Kingdom;
c
an authorised officer of the enforcement authority for the place of entry has on reasonable grounds issued an authorisation confirming that —
i
examination of the product for the purposes of the Import Provisions should be deferred until the product arrives at its destination elsewhere in England, or
ii
such examination should take place when the product arrives at its destination elsewhere in the United Kingdom under legislation with respect to imported products in force there; and
d
a person importing the product gives that authorised officer an undertaking in writing as to the matters specified in paragraph (2),
the enforcement authority for the place in which the destination is located, if in England, shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives there.
2
The undertaking shall —
a
state the destination of the product; and
b
confirm that —
i
the container containing the product has been sealed and will not be opened until it has reached that destination,
ii
the opening of the container has been authorised by the enforcement authority for the place in which the destination is located, if it is in England or the outside England enforcement authority if the destination is not in England, and
iii
the container will be available at that destination for examination under the Import Provisions or, as the case may be, legislation with respect to imported products in force elsewhere in the United Kingdom.
3
Where an authorised officer of an enforcement authority issues an authorisation pursuant to paragraph (1)(c), he shall —
a
(if the product’s place of destination is within England) notify the enforcement authority for that place or (if the product’s place of destination is in any other part of the United Kingdom) notify the outside England enforcement authority —
i
that the product (so described as to enable it to be identified) has not been examined under the Import Provisions, and
ii
if customs examination of the product has been deferred, of that fact; and
b
send the relevant authority a copy of any undertaking given pursuant to paragraph (1)(d).
4
Where a product has been sent to a destination in England from another part of the British Islands and examination of that product has been deferred under legislation with respect to imported products in force there, the enforcement authority for the place of destination shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives in England.
5
No person shall breach an undertaking given under paragraph 1(d).
Prohibition on introduction of certain feed and food
27
1
No person shall —
a
introduce into England from a third country specified feed which fails to comply with feed safety requirements; or
b
introduce into England from elsewhere in the relevant territories specified feed originating in a third country which fails to comply with feed safety requirements.
2
No person shall —
a
introduce into England from a third country specified food which fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004; or
b
introduce into England from elsewhere in the relevant territories specified food originating in a third country which fails to comply with —
i
food safety requirements, or
ii
the requirements of Articles 3 to 6 of Regulation 852/2004.
3
In this regulation —
a
“specified feed” means feed that is a product; and
b
“specified food” means food that is a product.
Checks on products
28
1
The person responsible for introducing any product into England shall permit an authorised officer of an enforcement authority to carry out checks in relation to the product pursuant to Article 16 of Regulation 882/2004.
2
When an authorised officer is carrying out checks in relation to a product pursuant to Article 16 of Regulation 882/2004, the person introducing the product shall provide the facilities and assistance which the authorised officer reasonably requires to carry them out.
3
When an authorised officer of an enforcement authority is carrying out an identity check or a physical check on a product in accordance with Article 16 of Regulation 882/2004 he shall be entitled to require that the check takes place at a specified place.
Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs
29
1
An enforcement authority shall have the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation 882/2004 if the conditions set out in those Articles are fulfilled.
2
The enforcement authority shall be the competent authority for the purposes of Article 22 of Regulation 882/2004.
Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries)
30
1
If an authorised officer of an enforcement authority wishes to take any of the measures referred to in Article 19(1)(a) and (b) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it after he has heard that feed or food business operator as provided in Article 19.
2
If an authorised officer of an enforcement authority wishes to exercise any of the powers referred to in Article 19(2) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it.
Right of appeal in respect of notices served under regulation 30
31
1
Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve a notice under regulation 30 may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which the notice was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the authorised officer of the enforcement authority is incorrect, the authority shall give effect to the determination of the court.
Appeal to Crown Court against dismissal of appeal under regulation 31
32
A person who is aggrieved by the dismissal by a magistrates' court of an appeal to it under regulation 31(1) may appeal to the Crown Court.
Serious risk to animal or public health
33
1
Where the Secretary of State or the Agency learns or has reasonable grounds to suspect that any food or feed that has been or may be introduced into England from a third country is likely to constitute a serious risk to animal or public health, she or as the case may be it may by written declaration suspend, or impose conditions on, the introduction into England of any product from the whole or any part of that third country.
2
Such a declaration shall be published in such manner as the Secretary of State or the Agency, as the case may be, thinks fit and shall specify the product and the third country or part thereof concerned.
3
A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.
4
Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into England if it originates in the third country or part thereof specified in the declaration unless the product complies with conditions specified in the declaration.
6
A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.
Liability for charges
34
1
The enforcement authority shall notify the person responsible for a consignment of the charge falling to be paid for the controls carried out on it by the authority.
2
Any charge notified to a person by the enforcement authority under paragraph (1) shall be payable by that person to the enforcement authority on demand.
3
The charge referred to in paragraph (1) is the aggregate of the costs incurred in relation to the consignment by the enforcement authority acting as the competent authority for the purposes of Article 22 of Regulation 882/2004 by virtue of regulation 29(2).
Procurement by authorised officers of samples with regard to food
35
An authorised officer of a food authority may, for the purposes of the execution and enforcement by that authority of the Import Provisions —
a
purchase a sample of any food, or any substance capable of being used in the preparation of food;
b
take a sample of any food, or any such substance, which —
i
appears to him to be intended for placing on the market or to have been placed on the market, for human consumption, or
ii
is found by him or in any premises which he is authorised to enter by or under regulation 37;
c
take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
d
take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions.
Analysis etc. of samples
36
1
An authorised officer of a food authority who has procured a sample under regulation 35 shall —
a
if he considers that the sample should be analysed, submit it to be analysed by a public analyst;
b
if he considers that the sample should be examined, submit it to be examined by a food examiner.
2
A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —
a
to be analysed by the public analyst for the area in which the purchase was made; or
b
to be examined by a food examiner.
3
If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.
4
If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
5
A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where —
a
he is the public analyst for the area in question; and
b
the sample is submitted to him for analysis by an authorised officer of a food authority,
demand in advance the payment of such reasonable fee as he may require.
6
Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
7
Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
8
In any proceedings under the Import Provisions, the production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub–paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
9
Any reference in this regulation to a public analyst for a given area shall, where two or more public analysts have been appointed for that area, be construed as a reference to either or any of them.
10
The Food Safety (Sampling and Qualifications) Regulations 1990 shall apply in relation to a sample procured by an authorised officer of a food authority under regulation 35 as if it were a sample procured by an authorised officer under section 29 of the Act.
11
The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations 1990.
Powers of entry of authorised officers of a food authority
37
1
An authorised officer of a food authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours —
a
to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of the Import Provisions in relation to food;
b
to enter any premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any such contravention within that area; and
c
to enter any premises for the purpose of the performance by the authority of their functions under the Import Provisions,
but admission to any premises used only as a private dwelling–house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under this regulation shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
6
Any officer exercising any power conferred by paragraph (5) may —
a
seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions; and
b
where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
7
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
8
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981, to enter any premises —
a
on which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
Obstruction etc. of officers (imports)
38
1
Any person who —
a
intentionally obstructs any person acting in the execution of the Import Provisions; or
b
without reasonable cause, fails to give to any person acting in the execution of the Import Provisions any assistance or information which that person may reasonably require of him for the performance of his functions under the Import Provisions,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
39
1
Any person who —
a
contravenes or fails to comply with paragraph (5) of regulation 26, regulation 27 or paragraph (4) or (5) of regulation 33; or
b
fails to comply with a notice served upon him under the Import Provisions,
shall be guilty of an offence.
2
Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
3
A person guilty of an offence under regulation 38 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions (imports)
40
No prosecution for an offence under this Part of these Regulations which is punishable under regulation 39(2) shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
PART 4
AMENDMENTS TO THE GENERAL FOOD REGULATIONS 2004
Amendments to the General Food Regulations 2004
41
1
The General Food Regulations 2004 shall be amended in accordance with paragraphs (2) to (5) in so far as they apply in relation to England.
2
For regulation 4 (requirements under Regulation (EC) No. 178/2002 : offences) there shall be substituted the following Regulation —
4
Any person who contravenes or fails to comply with any of the following provisions of Regulation (EC) No. 178/2002 shall be guilty of an offence —
a
Article 12 (food and feed exported from the Community) in so far as it relates to food;
b
Article 14(1) (food safety requirements);
c
Article 16 (presentation) in so far as it relates to food;
d
Article 18(2) or (3) (traceability) in so far as it relates to food business operators;
e
Article 19 (responsibilities for food : food business operators).
.
3
For paragraph (2)(a) of regulation 5 (punishment of offences) there shall be substituted the following provision —
a
in the case of an offence under regulation 4(b), £20,000;
.
4
For paragraph (1) of regulation 6 (enforcement) there shall be substituted the following paragraph —
1
Subject to paragraph (2), each food authority shall enforce and execute the following provisions of Regulation (EC) No. 178/2002 and these Regulations in its area —
a
Article 12 in so far as it relates to food;
b
Article 14;
c
Article 16 in so far as it relates to food;
d
Article 18 in so far as it relates to food business operators; and
e
Article 19.
.
5
Immediately after regulation 6 (enforcement) there shall be inserted the following regulation —
Defence for exports
6A
In any proceedings for an offence of contravening or failing to comply with food law it shall be a defence for the accused to prove —
a
that the item in respect of which the offence is alleged to have been committed was intended for export to a country that is not a member State and that the item could lawfully be exported there under Article 12 of Regulation (EC) No. 178/2002 ; or
b
that the item in respect of which the offence is alleged to have been committed was intended for export to a member State and that —
i
the legislation applicable to that item in that member State is compatible with the applicable provisions of food law (except in so far as it relates to feed produced for or fed to food producing animals) at Community level, and
ii
the item complies with that legislation.
.
PART 5
ENFORCEMENT AND SUPPLEMENTARY PROVISIONS
Offences due to fault of another person
42
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first–mentioned person.
Defence of due diligence
43
1
In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Offences by bodies corporate
44
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
In paragraph (1)(a) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Offences by Scottish partnerships
45
Where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.
Protection of officers acting in good faith
46
1
An officer of a competent authority is not personally liable in respect of any act done by him —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving any competent authority of any liability in respect of the acts of their officers.
3
Where an action has been brought against an officer of a competent authority in respect of an act done by him —
a
in the execution or purported execution of these Regulations; but
b
outside the scope of his employment,
the authority may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if it is satisfied that he honestly believed that the act complained of was within the scope of his employment.
4
A public analyst appointed by a food authority shall be treated for the purposes of this regulation as being an officer of the authority, whether or not his appointment is a whole–time one.
Service of documents
47
1
Any document which is required or authorised under these Regulations to be served on a person may be served —
a
by delivering it to that person;
b
in the case of an incorporated company or body, by delivering it to their secretary at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
c
in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where a document is to be served on the occupier of any premises under these Regulations and it is not reasonably practicable to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned in the capacity of “occupier” of the premises (naming them), and —
a
by delivering it to some other person at the premises; and
b
if there is no other person at the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Revocations
48
1
In so far as they apply in relation to England, the instruments specified in Column 1 of Part 1 of Schedule 6 are revoked to the extent specified in Column 3 of that Part.
2
The instruments specified in Column 1 of Part 2 of Schedule 6 are revoked to the extent specified in Column 3 of that Part.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
21st September 2005


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Nursery Education (Inspection) (England) Regulations 2005 and shall come into force on 3rd October 2005.
2
The Nursery Education (England) Regulations 2000 are revoked.
Interpretation
2
1
In these Regulations —
“year” means the period of 12 months commencing on 1st August; and
“the 1998 Act ” means the School Standards and Framework Act 1998.
2
For the purposes of paragraph 6A(5) of Schedule 26 to the 1998 Act there is prescribed as the responsible person —
a
in the case of relevant nursery education provided at an independent school the proprietor of the school;
b
in the case of relevant nursery education provided by a local authority under section 18 of the Children Act 1989 —
i
the person in charge of the place at which the education is provided; or
ii
in the case of relevant nursery education provided by that authority at home to children with special educational needs, the local authority;
c
in the case of relevant nursery education provided by that person a person registered by the Chief Inspector under section 79D(1)(a) or (5) of the Children Act 1989; or
d
in any other case any person in receipt of funding from the local education authority for the provision of relevant nursery education.
Intervals for inspection
3
The Chief Inspector shall inspect all relevant nursery education by 1st August 2009 and, following that inspection, shall thereafter inspect such relevant nursery education within 3 years from the end of the year in which the last inspection took place.
Notification of an inspection
4
Where the responsible person has been notified of the fact that relevant nursery education or nursery education under consideration for funding provided by him is to be inspected under paragraph 6A of Schedule 26 to the 1998 Act he shall, for the purposes of paragraph 6A(4) of Schedule 26 to that Act, take such steps as are reasonably practicable to notify of that fact —
a
parents of children attending the relevant nursery education; and
b
a person appearing to them to be an appropriate officer of the local education authority.
Destination of reports
5
1
For the purposes of paragraph 13A(1)(b)(ii) of Schedule 26 to the 1998 Act there are prescribed as authorities and persons to whom the Chief Inspector shall send a copy of the report —
a
the local education authority for the area in which the relevant nursery education which is the subject of the report is provided; and
b
in the case of relevant nursery education provided at an independent school —
i
the head teacher of the school, and
ii
where the school is approved by the Secretary of State under section 347 of the Education Act 1996 (approval of independent schools for children with statements), any local education authority paying fees in respect of the attendance of a registered pupil at the school.
2
For the purposes of paragraph 13A(2)(b) of Schedule 26 to the 1998 Act, the responsible person must take such steps as are reasonably practicable to provide a copy of the report to —
a
parents of children attending the relevant nursery education, within 5 working days of receipt; and
b
any person, including any person to whom they have previously provided a copy, who asks for one, provided that any fee charged under regulation 6 is first paid.
3
In this regulation “working day” means any day which is not a Saturday, a Sunday or a public holiday.
Fees for provision of copies
6
Where a responsible person is required to provide a copy of the report under regulation 5(2)(b) he may charge a fee not exceeding the cost of supply.
Beverley Hughes
Minister of State
Department for Education and Skills
16th August 2005


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) Order 2005 and shall come into force on 14th November 2005.
Amendment of the Air Navigation (Overseas Territories) Order 2001
2
The Air Navigation (Overseas Territories) Order 2001 shall be amended as follows.
3
After article 8 there shall be inserted:
Type Acceptance Certificate
8A
1
A certificate of airworthiness for an aircraft registered in the Territory shall not be issued in accordance with article 9 of this Order unless there is in force a Type Acceptance Certificate issued by the Governor for the aircraft type.
2
Any person who intends to operate an aircraft to be registered in the Territory of a type for which a Type Acceptance Certificate has not been issued shall apply to the Governor for the issue of a Type Acceptance Certificate for that aircraft in accordance with this article and the requirements of the Governor.
3
A Type Acceptance Certificate with respect to an aircraft, engine or propeller means a document issued by the Governor on the basis of a Type Certificate issued by a Contracting State acceptable to the Governor.
4
For the purposes of this article a “Type Certificate” means a document issued by a Contracting State to define the design of an aircraft type and to certify that this design meets the appropriate airworthiness requirements of that State.
4
For article 9(4) there shall be substituted:
4
The flight manual or equivalent document shall specify the operational limitations within which the aircraft shall be operated for the purposes of the requirements referred to in article 36(1) of this Order.
5
In article 12(1) after the words “is in force” there shall be inserted “or would be in force if it had not ceased to be in force by virtue of sub-paragraphs (b) and (c) of article 9(7)”.
6
In article 13(8) for “drink or a drug to such an extent as to impair his capacity to exercise such privileges” there shall be substituted “alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person unable safely and properly to exercise such privileges or so as to create a risk to the licence holder or any other person”.
7
After article 13 there shall be inserted:
Approval of maintenance organisations
13A
1
No person intending to engage in any stage of the maintenance of aircraft, aircraft components or aircraft materials, or the manufacture of components for the purpose of maintenance, or in associated training activities shall do so without first obtaining from the Governor a certificate of approval in respect of those activities.
2
The Governor shall issue an approval to an organisation which complies with his requirements.
3
A certificate of approval shall be in such form, be subject to such conditions and limitations and contain such particulars as may be determined by the Governor.
4
Subject to the provisions of this article and article 81 of this Order, a certificate of approval shall remain in force for such period as may be specified therein, and may be renewed from time to time by the Governor for such further period as he thinks fit.
5
For the purposes of this order “Maintenance” means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection.
8
In article 16(2)(b) for “the particulars specified at sub-paragraph (xvii) of Part A of Schedule 10 to this Order” there shall be substituted “such particulars of any permission granted to the operator under this article as may be necessary to enable the commander of the aircraft to determine whether he can comply with article 43(b)(ii) of this Order”.
9
1
For article 20(2) there shall be substituted:
2
a
An aircraft registered in the Territory shall carry a flight crew adequate in number and description to ensure the safety of the aircraft.
b
i
In the case of an aircraft in respect of which there is a flight manual, the flight crew shall be of at least a number and description specified in the flight manual.
ii
In the case of an aircraft in respect of which there is not a flight manual, the flight crew shall be of at least a number and description specified by the Governor in the Certificate of Airworthiness or Permit to Fly.
2
For article 20(7)(a) there shall be substituted:
a
This paragraph applies to any flight for the purpose of public transport by an aircraft registered in the Territory which has a maximum approved seating configuration of more than 19.
10
For article 22(1)(a) there shall be substituted:
a
Subject to sub-paragraph (d), the Governor shall grant licences, subject to such conditions as he thinks fit, of any of the classes specified in Part A of Schedule 8 to this Order authorising the holder to act as a member of the flight crew of an aircraft registered in the Territory upon his being satisfied that the applicant complies with his requirements.
11
For article 40 there shall be substituted:
40
1
This article shall apply to any aircraft that is not a public transport aircraft.
2
An aircraft to which this article applies shall not:
a
conduct a Category II , Category IIIA or Category IIIB approach and landing; or
b
take off when the relevant runway visual range is less than 150 metres;
otherwise than under and in accordance with the terms of an approval so to do granted in accordance with the law of the country in which it is registered.
3
In the case of an aircraft registered in the Territory, an approval referred to in paragraph (2) shall be issued by the Governor.
4
Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies, when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure, shall not descend from a height of 1000 ft or more above the aerodrome to a height less than 1000 ft above the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.
5
Without prejudice to the provisions of paragraph (2) an aircraft to which this article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not:
a
continue an approach to landing at such a runway by flying below the relevant specified decision height;
b
descend below the relevant specified minimum descent height;
unless in either case from such height the specified visual reference for landing is established and is maintained.
6
If, according to the information available, an aircraft would as regards any flight be required by the Rules of the Air to be flown in accordance with the Instrument Flight Rules at the aerodrome of intended landing, the commander of the aircraft shall select prior to take-off an alternate aerodrome unless no aerodrome suitable for that purpose is available.
7
A flight to be conducted in accordance with the Instrument Flight Rules to an aerodrome when no alternate aerodrome is available shall not be commenced unless:
a
a designated standard instrument approach procedure is available for the aerodrome of intended landing; and
b
available current meteorological information indicates that visual meteorological conditions will exist at the aerodrome of intended landing from two hours before to two hours after the estimated time of arrival.
8
A flight shall not be continued towards the aerodrome of intended landing unless the latest available information indicates that conditions at that aerodrome, or at least one alternate aerodrome, will, at the estimated time of arrival, be at or above the specified aerodrome operating minima.
9
In this article “specified” in relation to aerodrome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.
10
In this article “Category II, Category IIIA and Category IIIB approach and landing” have the same meaning as in article 39(8).
12
After article 41(1)(c) there shall be inserted:
d
An operator shall not permit a helicopter rotor to be turned under power for the purpose of making a flight unless there is a person at the controls qualified to act as pilot-in-command of the helicopter in accordance with the provisions of article 21 of this Order.
13
1
After article 45 there shall be inserted:
Non-public transport flights – additional duties of commander
45A
1
This article shall apply to an aircraft flying for any purpose other than public transport.
2
In relation to every flight to which this article shall apply the commander of the aircraft shall ensure that breathing oxygen is available to crew members and passengers in sufficient quantities for all flights at such altitudes where lack of oxygen might result in impairment of the faculties of crew members or harmfully affect passengers and made available for use by such crew members and passengers in accordance with paragraphs (2)(e) and (f) of article 45 of this Order.
2
In Schedule 4 Paragraph 4 (Table) sub-paragraphs (2)(a) and (15)(a), in the column headed “Circumstances of flight”, there shall be added “(iv) when flying at a height of 10 000 ft or more above mean sea level” and adjacent thereto, in the column headed “Scale of equipment required”, there shall be added “L1 or L2”.
14
For articles 50 and 51 there shall be substituted:
Area navigation and required navigation performance capabilities – aircraft registered in the Territory
50
1
Subject to paragraph (4) an aircraft registered in the Territory shall not fly in designated required navigation performance airspace unless it is equipped with area navigation systems which enable the aircraft to maintain the navigation performance capability specified in respect of that airspace.
2
Subject to paragraph (4) while the aircraft is flying in the said airspace the equipment required by paragraph (1) shall be operated in accordance with procedures approved by the Governor.
3
The equipment required by paragraph (1) shall be approved by the Governor and installed and maintained in a manner approved by the Governor.
4
An aircraft need not comply with the requirements of paragraphs (1) and (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.
5
An approval granted by the Governor for the purposes of this article shall be in writing and subject to such conditions as the Governor thinks fit.
Area navigation and required navigation performance capabilities – aircraft not registered in the Territory
51
1
An aircraft registered elsewhere than in the Territory shall not fly in designated required navigation performance airspace in the Territory unless it is equipped with area navigation systems so as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within designated required navigation performance airspace.
2
Subject to paragraph (3) the said navigation equipment shall be capable of being operated so as to enable the aircraft to maintain the navigation performance capability notified in respect of the airspace in which the aircraft is flying, and it is so operated.
3
An aircraft need not comply with the requirements of paragraph (2) where the flight has been authorised by the appropriate air traffic control unit notwithstanding the lack of compliance and provided that the aircraft complies with any instructions the air traffic control unit may give in the particular case.
15
For article 54(1) there shall be substituted:
54
1
An aircraft in flight shall not tow a glider unless there is a certificate of airworthiness issued or rendered valid in respect of the towing aircraft under the law of the country in which the aircraft is registered and that certificate of airworthiness or the flight manual for the aircraft includes an express provision that it may be used for that purpose.
16
For article 55(1) there shall be substituted:
55
1
Subject to the provisions of this article, an aircraft in flight shall not, by means external to the aircraft, tow any article, other than a glider, or pick up or raise any person, animal or article, unless there is a certificate of airworthiness issued or rendered valid in respect of that aircraft under the law of the country in which the aircraft is registered and that certificate of airworthiness or the flight manual for the aircraft includes an express provision that it may be used for that purpose.
17
In article 65(2) for “drink or drug to such an extent as to impair his capacity so to act” there shall be substituted “alcohol, any drug or any psychoactive substance, including prescribed or proprietary medication, so as to render that person unable safely and properly so to act or so as to create a risk to that person or any other person”.
18
For article 67 there shall be substituted:
67
1
Every person in an aircraft shall obey all lawful commands which the commander or a member of the crew of that aircraft may give for the purpose of securing the safety of the aircraft and of the persons or property carried therein, or the safety, efficiency or regularity of air navigation.
2
No person may operate on any aircraft any cellphone, computer or other electronic device that is designed to transmit or capable of transmitting electromagnetic energy otherwise than in accordance with the permission of the commander of that aircraft.
3
Paragraph (2) of this article shall not apply to —
a
hearing aids; or
b
heart pacemakers; or
c
portable voice recorders; or
d
electric shavers; or
e
electronic watches; and
f
any other portable electronic device if the operator or commander of the aircraft has determined that the said portable electronic device to be used will not cause interference with any aircraft system or equipment of the aircraft on which it is used.
19
After article 105 there shall be inserted:
Instrument Approach Procedures
105A
1
No person may establish or use an instrument approach procedure at an aerodrome in the Territory otherwise than under and in accordance with an approval granted by the Governor to the aerodrome licence holder or to the person having the management and control of a government aerodrome.
2
An approval shall be granted pursuant to paragraph (1) upon the Governor being satisfied:
a
as to the intended purpose of the procedure; and
b
that the person applying for approval is competent to operate the procedure and that any equipment associated with such procedure is fit for its intended purpose.
3
An approval pursuant to paragraph (1) shall be granted on such conditions as the Governor shall think fit and he shall cause such procedure to be notified as a procedure available for the landing of aircraft at an aerodrome within the Territory.
4
No person may use an instrument approach procedure otherwise than in accordance with the published conditions for such use.
5
For the purposes of this article an “instrument approach procedure” means a series of pre-determined manoeuvres by reference to flight instruments with specified protection from obstacles from the initial approach fix or, where applicable, from the beginning of a defined arrival route, to a point from which a landing can be completed and thereafter if a landing is not completed, to a position at which holding or en-route obstacle clearance criteria apply.
6
Nothing in paragraph (1) shall apply to any aerodrome in the Territory that is in the occupation of Her Majesty’s naval, military or air force or of any visiting force.
20
In article 118(2) for “and any authorised person” there shall be substituted “or any authorised person”.
21
In article 130(1):
1
After the definition of “Declared distances” there shall be inserted:
“Designated required navigation performance airspace” means airspace that has been notified, prescribed or otherwise designated by the competent authority for the airspace as requiring specified navigation performance capabilities to be met by aircraft flying within it;
2
After the definition of “Flight level” there shall be inserted:
“Flight manual” means a manual, associated with the certificate of airworthiness, containing limitations within which the aircraft may be considered airworthy, and instructions and information necessary to the flight crew for the safe operation of the aircraft;
3
After the definition of “Logbook” there shall be inserted:
“Maintenance” means any one or combination of overhaul, repair, inspection, replacement, modification or defect rectification of an aircraft or component, with the exception of pre-flight inspection;
4
After the definition of “Replacement” there shall be inserted:
“Requirements” means requirements published by the Governor pursuant to the provisions of article 135 of this Order;
5
After the definition of “Special VFR flight” there shall be inserted:
“Standard instrument approach procedure” means an instrument approach procedure designed in accordance with International Civil Aviation Organisation Procedures for Air Navigation Services ( PANS-OPS );
22
After article 137 there shall be inserted:
Arrangements for giving effect to the Convention
138
1
The Governor shall within the Territory publish such requirements or make such arrangements as are necessary, requisite or expedient for carrying out the Chicago Convention and any Annex thereto relating to international standards and recommended practices and any amendment to the Convention or to any such Annex or generally for regulating and securing the safety of international air navigation.
2
Pursuant to the provisions of paragraph (1) the Governor shall in particular:
a
Provide or secure the provision of a meteorological service to meet the needs of international air navigation and with due regard to regional air navigation agreements and shall designate the appropriate authority to provide or arrange for the provision of such meteorological service;
b
Ensure the availability in the Territory of aeronautical charts;
c
Arrange for the establishment and provision of search and rescue services within the Territory, and in such portions of the high seas that are the responsibility of the Territory pursuant to regional air navigation agreements;
d
Provide an aeronautical information service or agree with one or more other Contracting States for the provision of a joint service, or delegate the authority for the provision of the service to a non-governmental agency.
3
The Governor shall arrange for the details of the services and arrangements provided in accordance with paragraph (2) to be included in the Aeronautical Information Publication relating to the Territory.
23
In Schedule 4, paragraph 4 (Table), sub-paragraphs (11)(a) and (11)(b), in the column headed “Circumstances of flight” for “the purpose of public transport” there shall be substituted “purposes other than public transport”.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Rules may be cited as the Summary Appeal Court (Air Force) (Amendment) Rules 2005 and shall come into force on 2nd February 2006.
Amendment of Rules
2
The following rule shall be inserted after rule 43 of the Summary Appeal Court (Air Force) Rules 2000 —
43A
The jurisdiction of the court to make an order —
a
as to the payment of costs incurred by a party to proceedings as a result of an unnecessary or improper act or omission by or on behalf of another party to the proceedings as described in section 26(1) of the Armed Forces Act 2001 ; or
b
disallowing or ordering the legal or other representative as defined in section 27(3) of the Armed Forces Act 2001 to meet the whole or any part of any wasted costs as there defined
may be exercised by the judge advocate sitting alone and he may direct the other members of the court to withdraw for the purpose of exercising the jurisdiction.
.
Don Touhig
Parliamentary Under Secretary of State Ministry of Defence
19th December 2005


text:
Title, commencement and application
1
1
These Regulations may be cited as the Older Cattle (Disposal) (England) Regulations 2005 and shall come into force on 23rd January 2006.
2
These Regulations apply in England.
Revocation
2
The Bovine Animals (Enforcement of Community Purchase Scheme) Regulations 1996 are revoked in so far as they apply in England.
Offences
3
1
Where there is, in a slaughterhouse, a contravention of, or failure to comply with, any provision of Commission Regulation ( EC ) No. 716/96 of 19 April 1996 adopting exceptional support measures for the beef market in the United Kingdom referred to in Part I of the Schedule, the slaughterhouse operator is guilty of an offence.
2
Where there is, at premises housing an incinerator or at a processing plant, a contravention of, or failure to comply with, any provision referred to in Part II of the Schedule, the operator of those premises is guilty of an offence.
Enforcement and appointment of inspectors
4
These Regulations shall be enforced by the Secretary of State, who shall appoint inspectors for the purposes of these Regulations.
Powers of entry and inspectors' powers
5
1
An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any land or premises for the purpose of ensuring that these Regulations and Commission Regulation (EC) No. 716/96 are being complied with; and in this regulation “premises” includes any vehicle or container.
2
An inspector may —
a
seize any animal by-products and dispose of them as necessary;
b
carry out any inquiries, examinations and tests;
c
take any samples;
d
have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or Commission Regulation (EC) No. 716/96 , or remove those records to enable them to be copied;
e
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to give him any assistance he may reasonably require (including providing him with any necessary passwords) and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
f
mark any animal, animal by-product or other thing for identification purposes; and
g
take any other persons with him, as he considers necessary.
3
Any person who defaces, obliterates or removes any mark applied under paragraph (2) is guilty of an offence.
4
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Obstruction
6
Any person is guilty of an offence if he —
a
intentionally obstructs any person executing these Regulations;
b
without reasonable cause, fails to give to any person executing these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
provides any person executing these Regulations with any information which he knows to be false or misleading, or
d
fails to produce a record when required to do so to any person executing these Regulations.
Notice requiring the disposal of animal by-products
7
If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or of Commission Regulation (EC) No. 716/96 is not being complied with, he may serve a notice on any person in possession or control of any animal by-product requiring him to dispose of it as may be specified in the notice (and if necessary specify how to store it pending disposal).
Compliance with notices
8
1
Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.
2
Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice is guilty of an offence.
Penalties
9
1
A person who is guilty of an offence under these Regulation is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
22nd December 2005


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2005 and shall come into force on 1st March 2005.
Amendment of the 1993 Regulations
2
1
Regulation 6(1) of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 is amended as follows.
2
For sub-paragraph (b) there is substituted —
b
the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed 50 metres and which is undertaken for the purpose of delivering or collecting any thing;
.
3
In sub-paragraph (d), for “regulation 9 of the Motor Vehicles (Driving Licences) Regulations 1987” there is substituted “regulation 17 of the Motor Vehicles (Driving Licences) Regulations 1999 ”.
4
In sub-paragraph (e), for “the Motor Vehicles (Driving Licences) Regulations 1987” there is substituted “the Motor Vehicles (Driving Licences) Regulations 1999”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
11th January 2005


text:
Citation and commencement
1
This Order may be cited as the Water Industry (Determination of Turnover for Penalties) Order 2005 and shall come into force on 1st April 2005.
Interpretation
2
1
In this Order —
“ the Act ” means the Water Industry Act 1991;
“aid” means state aid within the meaning of Article 87 of the Treaty establishing the European Community;
“applicable turnover” shall be construed in accordance with paragraph (2);
“the Authority” means, until the coming fully into force of section 36(1) of the Water Act 2003 (transfer to the Water Services Regulation Authority and the Consumer Council for Water of functions, property etc ) the Director, and thereafter, the Water Services Regulation Authority;
“business year” means a period of more than six months in respect of which–
a relevant undertaker prepares a single set of regulatory accounts; or
a licensed water supplier publishes a single set of accounts or, if no such accounts have been published for the period, prepares a single set of accounts;
“company” means a relevant undertaker or a licensed water supplier;
“date of the notice” means the date on which the enforcement authority gives notice under section 22A(4) of the Act;
“preceding business year” means the last business year preceding the date of the notice;
“regulated activities” means–
in the case of a company holding an appointment as a water undertaker, its functions as a water undertaker;
in the case of a company holding an appointment as a sewerage undertaker, its functions as a sewerage undertaker; or
in the case of a licensed water supplier, the activities authorised by its water supply licence;
“regulatory accounts” means regular accounting and other information which the undertaker is required by its instrument of appointment to supply to the Authority to enable the Authority to compare the financial position and performance of relevant undertakers; and
“water supply licence” shall be construed in accordance with section 17A(1) of the Act.
2
“Applicable turnover” means —
a
the amounts, determined in conformity with normal accounting practice in the United Kingdom, which are derived by a company from the provision of goods and services in the course of the company’s regulated activities in respect of which the penalty is imposed, less sales rebates, value added tax and any other taxes based on such amounts; and
b
payments by way of aid granted by a public body to the company, if the aid–
i
facilitates or promotes the company’s regulated activities; and
ii
is reflected in the price charged by the company for the goods or services it provides.
Determination of turnover
3
1
Subject to paragraphs (2) to (4), for the purposes of section 22A(11) of the Act, the turnover of a company shall be the applicable turnover for the preceding business year.
2
Where the preceding business year is more or less than twelve months, the turnover shall be the applicable turnover in that business year divided by the number of months in that business year and multiplied by twelve.
3
Where there is no preceding business year, the turnover shall be the applicable turnover for the relevant year.
4
For the purposes of paragraph (3), where the period for which the company held —
a
an appointment as a relevant undertaker, or
b
a water supply licence,
during the relevant year was less than twelve months, the turnover shall be the applicable turnover in that period divided by the number of months in that period and multiplied by twelve.
5
In paragraphs (3) and (4), “the relevant year” means the twelve months ending on the last day of the month preceding the month in which the date of the notice falls.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
3rd March 2005