The Immigration (European Economic Area) Regulations 2006 (revoked)

Part 1 · Interpretation etc

1Citation and commencement#

2General interpretation#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

3Continuity of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

4“Worker”, “self-employed person”, “self-sufficient person” and “student”#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(d)section 44 (protection of officers acting in good faith).

(i)omit “or 48”, and

(aa)shooters' powder;

(bb)any explosive or combination of explosives listed in Schedule 1 to the Control of Explosives Regulations 1991; or

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

5“Worker or self-employed person who has ceased activity”#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

6“Qualified person”#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(e)section 35(1) (punishment of offences) ^note in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(ba)a person who meets the criteria in paragraph (5); or

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(2A)The licensing authority which grants a registration may vary it —

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(9)A person who —

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

may apply at any time to the Executive, which shall be the licensing authority, for a licence in respect of that storage, to replace that existing one, which provides for different separation distances to apply in respect of that storage to any which would otherwise apply on and after 6^th April 2008 under regulation 5 and Schedule 2.

(10)A licence applied for pursuant to paragraph (9) shall not be granted by the Executive unless the Executive is satisfied that it would not be reasonably practicable for the applicant to comply with the separation distances required by regulation 5 and Schedule 2 to which the application relates.

(11)Where, on the relevant date, a person holds more than one deemed licence, each relating to the storage of explosives at separate places within the same site and the aggregate total of explosives allowed to be stored at that site pursuant to those deemed licences exceeds 2 tonnes, that person shall apply before 6^th April 2008 to the Executive, which shall be the licensing authority, for a licence to replace those deemed licences for the storage of any explosives that he wishes to store at that site; and, on the date that a licence is granted pursuant to such an application, any such deemed licence shall be treated as revoked under regulation 17 as from that last mentioned date.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

unless the person concerned has, since enjoying the above right to reside, been continuously absent from the United Kingdom for at least 12 months.

7Family member#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

7AApplication of the Accession Regulations#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)In this regulation—• “accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations ; • “the EU2 Regulations ” means the Accession (Immigration and Worker Authorisation) Regulations 2006.

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

7BApplication of the EU2 Regulations#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)In this regulation—• “accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations ; • “the EU2 Regulations ” means the Accession (Immigration and Worker Authorisation) Regulations 2006.

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

8“Extended family member”#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

9Family members of British citizen#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

10“Family member who has retained the right of residence”#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(iv)an income-related employment and support allowance;

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(7) In this regulation, “ educational course ” means a course within the scope of Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers ^note .

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

Part 2 · Eea rights

11Right of admission to the United Kingdom#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(d)section 44 (protection of officers acting in good faith).

(i)omit “or 48”, and

(aa)shooters' powder;

(bb)any explosive or combination of explosives listed in Schedule 1 to the Control of Explosives Regulations 1991; or

(ii)omit sub-paragraph (b).

(e)section 35(1) (punishment of offences) ^note in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

(ba)a person who meets the criteria in paragraph (5); or

12Issue of EEA family permit#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(b)section 33(1) (obstruction etc. of officers);

(1A)In paragraph (1) “appropriate authority” means—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(1B) If the Secretary of State considers that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health in accordance with regulation 21 the Secretary of State may make an order for the purpose of these Regulations prohibiting that person from entering the United Kingdom.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

13Initial right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

14Extended right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

15Permanent right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(e)section 35(1) (punishment of offences) ^note in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(f)section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (3) below;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(1A)In paragraph (1) “appropriate authority” means—

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

15ADerivative right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4A)In paragraph (4)(d)(ii) the reference to the Executive is to be read, in relation to an application relating to manufacture or storage of explosives on, or within any part of, a site which is an ONR regulated site, as a reference to the ONR.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a) references to a matter being ^note ...justified on grounds of public policy, public security or public health in accordance with regulation 21 ^note ... referred instead to a matter being “conducive to the public good”;

(b)the reference in regulation 20(5)(a) to a matter being “justified on grounds of public policy, public security or public health” referred instead to a matter being “conducive to the public good”;

(c) references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;

(d)references to “a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” referred instead to “a derivative residence card”;

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(iv)an income-related employment and support allowance;

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(7A)Where P is to be regarded as a primary carer of another person by virtue of paragraph (7)(b)(ii) the criteria in paragraphs (2)(b)(iii), (4)(b) and (4A)(c) shall be considered on the basis that both P and the person with whom care responsibility is shared would be required to leave the United Kingdom.

(7B)Paragraph (7A) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to P assuming equal care responsibility.

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

(9)A person who —

may apply at any time to the Executive, which shall be the licensing authority, for a licence in respect of that storage, to replace that existing one, which provides for different separation distances to apply in respect of that storage to any which would otherwise apply on and after 6^th April 2008 under regulation 5 and Schedule 2.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

15BContinuation of a right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

Part 3 · Residence documentation

16Issue of registration certificate#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

17Issue of residence card#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6A) A residence card issued under this regulation shall be entitled “Residence card of a family member of an EEA national” or “Residence card of a family member who has retained the right of residence”, as the case may be.

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

18Issue of a document certifying permanent residence and a permanent residence card#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

18AIssue of a derivative residence card#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

Part 4 · Refusal of admission and removal etc

19Exclusion and removal from the United Kingdom#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(1A)In paragraph (1) “appropriate authority” means—

(1AB)A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if the Secretary of State considers there to be reasonable grounds to suspect that his admission would lead to the abuse of a right to reside in accordance with regulation 21B(1).

(1B) If the Secretary of State considers that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health in accordance with regulation 21 the Secretary of State may make an order for the purpose of these Regulations prohibiting that person from entering the United Kingdom.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

20Refusal to issue or renew and revocation of residence documentation#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(1A)In paragraph (1) “appropriate authority” means—

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6)In regulation 46 (appeals which may be struck out)—

20ACancellation of a right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

20BVerification of a right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

21Decisions taken on public policy, public security and public health grounds#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(e)section 35(1) (punishment of offences) ^note in so far as it relates to offences under section 33(1) as applied by paragraph (3) below;

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

21AApplication of Part 4 to persons with a derivative right of residence#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a) references to a matter being ^note ...justified on grounds of public policy, public security or public health in accordance with regulation 21 ^note ... referred instead to a matter being “conducive to the public good”;

(b)the reference in regulation 20(5)(a) to a matter being “justified on grounds of public policy, public security or public health” referred instead to a matter being “conducive to the public good”;

(c) references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;

(d)references to “a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” referred instead to “a derivative residence card”;

(e)the reference in regulation 19(1A) to a deportation or exclusion order referred also to a deportation or exclusion order made under any provision of the immigration Acts.

(f)regulation 20(4) instead conferred on an immigration officer the power to revoke a derivative residence card where the holder is not at that time a person with a derivative right of residence; and

(g)regulations 20(3), 20(6) and 21 were omitted.

21BAbuse of rights or fraud#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

Part 5 · Procedure in relation to eea decisions

22Person claiming right of admission#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(iv)an income-related employment and support allowance;

(v)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

23Person refused admission#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

23ARevocation of admission#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

24Person subject to removal#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

24ARevocation of deportation and exclusion orders#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

24AAHuman rights considerations and interim orders to suspend removal#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

Part 6 · Appeals under these regulations

25Interpretation of Part 6#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

26Appeal rights#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(2A)The licensing authority which grants a registration may vary it —

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ia) a qualifying EEA State residence card;

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(3A)The arrangements made by an integrated care board or NHS England under paragraph (2) may be made with a pharmacist or other person or body.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(i)omit “or 48”, and

(ii)omit sub-paragraph (b).

(iii)prepared the migrant for the corresponding profession;

(iv)an income-related employment and support allowance;

(v)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

27Out of country appeals#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(aa)a combined total of 5 kilograms of shooters’ powder and model rocket motors;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(ca)to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the relevant person is outside the United Kingdom; or

(d)section 44 (protection of officers acting in good faith).

(zaa)to revoke his admission to the United Kingdom;

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

28Appeals to the Commission#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

28ANational security: EEA Decisions#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

29Effect of appeals to the First-tier Tribunal or Upper Tribunal#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(4A)In paragraph (4)(d)(ii) the reference to the Executive is to be read, in relation to an application relating to manufacture or storage of explosives on, or within any part of, a site which is an ONR regulated site, as a reference to the ONR.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

29AAlternative evidence of identity and nationality#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

29AATemporary admission in order to submit case in person#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(d)section 44 (protection of officers acting in good faith).

(2)

(3)In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4)Section 34 of the Act (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under section 35(2) of the Act.

(5)An appeal body for a regulated profession may, for the purpose of determining any appeal under these Regulations against the decision of a designated authority—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (b) above;

(6)In regulation 46 (appeals which may be struck out)—

(7)In regulation 47 ^note (reinstatement of struck out appeals)—

(a)section 3 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(8)Any certificate referred to in paragraph (7) shall state that the insurer has complied with the laws and regulations in force in the United Kingdom regarding the terms and extent of cover and shall be presented no more than three months after the date of issue.

Part 7 · General

30Effect on other legislation#

Schedule 2 (effect on other legislation) shall have effect.

31Revocations, transitional provisions and consequential amendments#

(1)The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.

(2)

Schedule 1 · Appeals to the first-tier tribunal

(1)The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against an immigration decision under section 82(1) of that Act: (a) • section 84(1) , except paragraphs (a) and (f); • sections 85 to 87;• against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)— section 84 (grounds of appeal), as though the sole permitted ground of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”); • section 85 (matters to be considered), as though—(a) the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 4 of Schedule 2 to these Regulations; and(b) a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal; • section 86 (determination of appeal);

(2)

Schedule 2 · Effect on other legislation

(1)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(4)In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —

(a)

(b)

(c)

(i)

(ii)forming a civil partnership, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force or would not have been so prevented apart from being of the opposite sex to each other, and

(2)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3) For the purposes of satisfying a requirement to produce a visa under section 40(1)(b) of the 1999 Act ^note (charges in respect of passenger without proper documents), “ a visa of the required kind ” includes an EEA family permit, a residence card, a derivative residence card , a qualifying EEA State residence card, permission to be temporarily admitted under regulation 29AA or a permanent residence card required for admission under regulation 11(2).

(4)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(a)

(b)

(c)

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(a)

(b)

(4)In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —

(5)In section 5 (marking of fireworks) —

(6)In regulation 9 (restrictions on prohibited persons) —

(7)Regulation 10 (keeping explosives for private use) is revoked.

(8)

(9)In regulation 12 (making, preservation and production of records) —

(a)

(c)

(9)In regulation 12 (making, preservation and production of records) —

(10)In paragraph (8) of regulation 13 (reporting loss), for “licensed factory or licensed magazine” substitute “site in relation to which the Executive is the licensing authority by virtue of paragraph 1(c) of Schedule 1 to the 2005 Regulations,”.

Schedule 3 · Revocations and savings

Part 1 · Table of revocations

Part 2 · Savings

(1)

(a)

(b)

(2)

Schedule 4 · Transitional provisions

(1)

(a)

(b)

(2)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(4)In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —

(5)In section 5 (marking of fireworks) —

(6)In regulation 9 (restrictions on prohibited persons) —

(3)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(a)

(b)

(4)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(5)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(a)

(b)

(c)

(d)

(e)in Part 6 (further fees payable in respect of certain testing required by the Health and Safety Executive), omit entry (e);

(6)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(a)

(b)

(c)

(i) Council Directive 64/221/ EEC ;

(ii) Council Directive 68/360/ EEC ;

(iii) Council Directive 72/194/ EEC ;

(iv) Council Directive 73/148/ EEC ;

(v) Council Directive 75/34/ EEC ;

(vi) Council Directive 75/35/ EEC ;

(vii) Council Directive 90/364/ EEC ;

(viii) Council Directive 90/365/ EEC ; and

(ix) Council Directive 93/96/ EEC .

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(a)

(b)

(4)In Schedule 8 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983) —

(a)

(b)

(i)

(ii)forming a civil partnership, prior to the date on which the Civil Partnership (Opposite-sex Couples) Regulations 2019 came into force or would not have been so prevented apart from being of the opposite sex to each other, and

(5)In section 5 (marking of fireworks) —

Schedule 5 · Consequential amendments

Statutory Instruments

The Channel Tunnel (International Arrangements) Order 1993

(1)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(a)

(b)

(c)for sub-paragraph (b) there is substituted—“b in regulations 11(4) and 19(2) after the word “arrival” and in regulations 20(4) and (5) after the words “United Kingdom” insert “or the time of his production of the required documents in a control zone or a supplementary control zone”

The Travel Restriction Order (Prescribed Removal Powers) Order 2002

(2)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

The Immigration (Notices) Regulations 2003

(3)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(a)

(b)

(c)after paragraph (c), there is inserted—“d on or after 30th April 2006, entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, document certifying permanent residence or permanent residence card;”

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

(4)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In article 11(1), for sub-paragraph (e) there is substituted—“e the Immigration (European Economic Area) Regulations 2006.”

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —

(a)

(b)

(c)

(d)for sub-paragraph (c) there is substituted—“c in regulations 11(4) and 19(2) after the word “arrival” and in regulations 20(4) and (5) after the words “United Kingdom” insert “or the time of his production of the required documents in a Control Zone”

The Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2003

(5)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

The Immigration (Restrictions on Employment) Order 2004

(6)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(a)for paragraph 4 there is substituted—“4 A registration certificate or document certifying permanent residence within the meaning of regulation 2 of the Immigration (European Economic Area) Regulations 2006, including a document which is treated as a registration certificate or document certifying permanent residence by virtue of Schedule 4 to those Regulations.”

(b)for paragraph 5 there is substituted—“5 A residence card or a permanent residence card within the meaning of regulation 2 of the Immigration (European Economic Area) Regulations 2006, including a document which is treated as a residence card or a permanent residence card by virtue of Schedule 4 to those Regulations”

The Accession (Immigration and Worker Registration) Regulations 2004

(7)

The Asylum and Immigration Tribunal (Procedure) Rules 2005

(8)

(1)The Health and Safety (Fees) Regulations 2005 are amended as follows.

(2)In Schedule 2 (dangerous occurrences) —

(3)In regulation 9 (fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983), substitute —