text:
Citation, commencement and application
1
1
These Regulations may be cited as the Charter Trustees Regulations 2009 and come into force on 1st April 2009.
2
These Regulations apply in relation to charter trustees established by an order under section 7 of the Local Government and Public Involvement in Health Act 2007.
Interpretation
2
In these Regulations —
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
“the 1972 Act ” means the Local Government Act 1972 ;
“charter trustee area” means the area for which charter trustees are established by a section 7 order;
“established” means established by a section 7 order;
“predecessor council” means a local authority which, by or in consequence of a section 7 order, will cease to exist on the reorganisation date;
“the relevant council” means the council of the single-tier area in which a charter trustee area lies;
“reorganisation date” means the date specified in a section 7 order as that on which a structural change comes into effect; and
“section 7 order” means an order under section 7 of the 2007 Act (implementation of proposals by order).
Transfer of property
3
1
Regulations 7 and 11 to 13 of the Local Government (Structural Changes)(Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 (transfer of property etc of predecessor councils) shall not apply in relation to any property of a predecessor council which vests in charter trustees by virtue of this regulation.
2
Where charter trustees are established for the whole or any part of the area of a predecessor council, any property of that authority (and any rights and liabilities in respect of that property) which is historic property and which relates to the charter trustee area shall, on the reorganisation date, vest in those charter trustees.
3
Charter trustees may, with the relevant council’s agreement, dispose of any historic property which vests in them by virtue of paragraph (2) to the relevant council if the property in question has a closer association with the area of that council than it does with the charter trustee area.
4
Any question as to the interpretation or application of this regulation which —
a
relates to the vesting of any historic property, and
b
is not resolved before the end of the period of 12 months beginning with the reorganisation date,
may be determined by a person agreed on by the relevant council and the charter trustees or, failing their agreement, by a person appointed for this purpose by the Secretary of State.
5
Pending the determination of a question under paragraph (4), the historic property concerned shall vest in the relevant council.
6
In this regulation —
“historic property” means any charter, insignia, plate or other property which is of an historic and ceremonial nature, held by a predecessor council, other than —
land and buildings, and
any property held for the purposes of any statutory function.
7
In this regulation and regulations 4 and 5, the word “charter” means any charter or other grant under Her Majesty’s prerogative.
Rights of charter trustees
4
Where, prior to the reorganisation date, the predecessor council exercises any right conferred in a charter which vests in the charter trustees under regulation 3(2) —
a
the charter trustees shall be treated from that date as the body on whom the right was conferred by the charter for the purpose of exercising those rights in relation to the charter trustee area, and
b
the charter shall be read as subject to any necessary modification.
Acquisition and maintenance of property
5
Charter trustees may acquire, or accept gifts of, and hold historic or ceremonial property (other than land and buildings) and, in particular, charters, insignia and plate, relating to the charter trustee area and may execute any work (including works of maintenance or improvement) incidental to or consequential on the acquisition, acceptance or holding.
Appointment of additional charter trustees
6
1
In this regulation —
“appoint” includes reappoint, and references to appointed and appointment are to be construed accordingly;
“the appointing body” means —
if the charter trustee area has the status of a city, the relevant council, or
if the charter trustee area does not have the status of a city, the charter trustees; and
“councillor” means a councillor of the relevant council.
2
Where, at any time, the number of charter trustees for a charter trustee area is less than five, the appointing body shall, as soon as practicable, appoint as charter trustees such number of councillors as may be required to bring the total number of charter trustees for that area to five.
3
The appointing body may appoint councillors as charter trustees provided that at any time no more than three charter trustees for the charter trustee area in question shall have been appointed under this paragraph.
4
Appointments made by charter trustees under paragraph (3) shall not be made except at the annual meeting of those trustees.
5
These Regulations shall apply in relation to charter trustees appointed under this regulation as they apply in relation to charter trustees established by a section 7 order.
6
Any councillor appointed under this regulation shall (subject to paragraph (7)) hold office as a charter trustee until the next election to the relevant council or such time as that person ceases to be a councillor, whichever is the sooner.
7
Charter trustees may remove from office a councillor appointed under this regulation if, in their opinion, that councillor has, without sufficient cause, failed to attend two or more consecutive meetings of theirs.
Mayors: appointment, term of office, etc.
7
1
Subject to paragraph (2), charter trustees may in every year elect one of their number to be mayor and another to be deputy mayor.
2
Where, on the reorganisation date, there is a councillor on the relevant council who immediately before that date was mayor for all or part of the area for which charter trustees have been established, that person (for the purpose of regulation 8, the “acting mayor”) shall continue in that role for the charter trustees after the reorganisation date until the election for which provision is made by paragraph (3) (for the purposes of this regulation and of regulation 8, “the election”) has taken place.
3
Subject to any appointment to be made under paragraphs (2) and (3) of regulation 6, the election of a mayor and, as the case may be, deputy mayor shall be the first business transacted at the annual meeting of charter trustees.
4
A person ceases to be a mayor or deputy mayor upon ceasing to be a charter trustee or if not re-elected to office.
5
On a casual vacancy occurring in the office of mayor or deputy mayor, the charter trustees shall, as soon as practicable, meet for the purposes of electing one of their number to such office.
6
Charter trustees shall pay the mayor and deputy mayor such allowance as they think reasonable for the purpose of enabling those persons to meet the expenses of office.
First annual meeting of charter trustees
8
1
The first annual meeting of the charter trustees shall be held —
a
within six weeks following the reorganisation date; or
b
where an election to the relevant council is to be held, within 21 days following the annual meeting of the relevant council.
2
Where there is an acting mayor, that person shall convene and preside at the first annual meeting of the charter trustees but that person shall not vote in the election unless that person is a charter trustee.
3
Where there is no acting mayor —
a
the first annual meeting shall be convened by an officer of the relevant council appointed for that purpose by that council; and
b
until the election has taken place, the chair or, if the chair is not present, the vice-chair of the relevant council shall preside over the first annual meeting but that person shall not vote in the election unless that person is a charter trustee.
4
At the first annual meeting, in the case of an equality of votes in the election, the second or presiding vote shall be given —
a
where there is an acting mayor, and that person is a charter trustee, by that person; and
b
in any other case, by the charter trustee who has served as a councillor of a predecessor council for the longest continuous period.
5
Paragraphs (3), (4), (7) and (8) of regulation 9 apply to meetings held under this regulation as they apply in relation to meetings held under regulation 9, except that paragraph 39(2) of Schedule 12 to the 1972 Act (presiding vote) shall not apply.
Subsequent meetings of charter trustees
9
1
Charter trustees shall in every year hold an annual meeting within 21 days following the annual meeting of the relevant council.
2
Other meetings of charter trustees shall be held as they determine.
3
Paragraph 10 of Schedule 12 to the 1972 Act (meetings: location, publicity, etc) shall apply in relation to meetings of charter trustees as it applies in relation to meetings of parish councils.
4
No business shall be transacted at a meeting of charter trustees unless at least one-third of the whole number of the charter trustees are present at the meeting; but in no case shall the quorum be less than two.
5
At a meeting of the charter trustees the mayor, if present, shall preside and, if the mayor is absent from such a meeting, the deputy mayor, if present, shall preside.
6
If both the mayor and deputy mayor are absent from a meeting of charter trustees, such one of their number as the charter trustees present shall choose shall preside.
7
Section 228(1) (inspection of documents) and paragraphs 13(1) and 39 to 44 of Schedule 12 to the 1972 Act (meetings and proceedings of local authorities) shall apply to charter trustees as they apply in relation to parish councils.
8
Charter trustees shall be a body to which the Public Bodies (Admission to Meetings) Act 1960 applies.
Discharge of functions by charter trustees
10
1
Charter trustees may appoint such officers as they think necessary for the proper discharge of their functions and sections 112(1), (2) and (5) and 114 to 117 of the 1972 Act (staff, officers, etc of local authorities) shall apply, subject to any necessary modifications, in relation to such officers as they apply in relation to officers appointed by parish councils.
2
Charter trustees may arrange for the discharge of any of their functions other than —
a
the election of the mayor or deputy mayor;
b
the appointment of additional charter trustees under paragraphs (2) and (3) of regulation 6;
c
the appointment of local officers of dignity; and
d
functions relating to the issuing of a precept or the borrowing of money
by a committee or officer of theirs or (with the agreement of the relevant council) of the relevant council.
3
Where, by virtue of paragraph (2) above, any functions of charter trustees may be discharged by a committee then, unless they otherwise direct, the committee may arrange for the discharge of any of those functions by an officer of the charter trustees or of the relevant council.
4
Any arrangements made by charter trustees or a committee under paragraph (2) or (3) above shall not prevent them or the committee from exercising those functions.
5
Section 106 of the 1972 Act (standing orders of committees) shall apply in relation to any committee of charter trustees as it applies in relation to a committee of a local authority.
Accommodation of charter trustees
11
The relevant council shall provide accommodation for the proper discharge of the functions of any charter trustees; and the accommodation to be provided and the terms on which it is provided shall be determined by agreement between that council and the charter trustees or, in default of such agreement, by the decision of a person agreed on by them or, in default of their agreement, appointed by the Secretary of State.
Funding in first year
12
1
Sections 41(1) and 50(1) of the Local Government Finance Act 1992 (precepts, calculation of budget requirements) shall not apply in relation to charter trustees as regards the financial year in which they are established.
2
Subject to paragraph (3), charter trustees may request the relevant council to pay to them such amount as they consider necessary for the discharge of their functions in the financial year in which they are established.
3
The amount referred to in paragraph (2) must not exceed the amount anticipated in relation to charter trustees in accordance with regulation 6(1) (anticipation of amounts required to discharge functions of charter trustees) of the Local Government (Structural Changes)(Further Financial Provisions and Amendment) Regulations 2009 .
4
The relevant council shall pay to the charter trustees any amount requested by them in accordance with paragraph (2) not later than 28 days after receipt of the request.
Accounts, audit etc
13
1
Charter trustees shall keep accounts of their receipts and payments.
2
Charter trustees shall make safe and efficient arrangements for the making of their payments.
3
The Audit Commission Act 1998 shall apply to all accounts of charter trustees as though they were a body listed in paragraph 1 of Schedule 2 to that Act.
Application of other statutory provisions
14
1
Sections 111 (subsidiary powers of local authorities), 140 (insurance by local authorities against accidents by members), and 151 (financial administration) of the 1972 Act shall apply in relation to charter trustees as they apply in relation to parish councils.
2
Sections 173 to 178 of the 1972 Act (allowances) shall apply in relation to charter trustees as if they were the members of the council of a parish for the charter trustee area.
3
Charter trustees are members of the relevant council for the purposes of section 49 of the Local Government Act 2000 (principles governing conduct of members of relevant authorities).
Subscriptions
15
Charter trustees may pay reasonable subscriptions, whether annually or otherwise, to the funds of the Association of Charter Trustees and Charter Town Councils.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
3rd March 2009


type: legislation

jurisdiction: UK

text:
PART 1 Introduction
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 and come into force seven days after the day on which they are made.
2
In these Regulations —
“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 Regulations ” means the Education (Prohibition from Teaching or Working with Children) Regulations 2003 ;
“connected offence” means, in relation to an offence specified in the Schedule, an offence of —
attempting, conspiring or incitement to commit that offence, or
aiding, abetting, counselling or procuring, the commission of that offence;
“disqualification order” means an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 ;
“relevant circumstances” means —
in relation to an offence specified in —
sub-paragraph (a) or (b) of paragraph 1,
sub-paragraph (b)(ii) to (v), (c) or (d)(ii) of paragraph 2, or
sub-paragraph (b)(ii) to (vii), (c) or (d)(ii) of paragraph 4
of the Schedule the circumstances described in the relevant sub-paragraph which relate to the commission of that offence, and
in relation to an offence specified in —
sub-paragraph (c), (e) or (g)(i) of paragraph 1,
sub-paragraph (e), (g) or (i)(i) of paragraph 2, or
sub-paragraph (e), (g) or (i)(i) of paragraph 4
of the Schedule the circumstances referred to in the relevant sub-paragraph in relation to the commission of that offence;
“relevant date” means the date on which these Regulations come into force.
3
In regulation 3 a reference to an offence specified in paragraph 1(a) to (c), (e) or (g)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
4
In regulation 4 a reference to an offence specified in paragraph 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
5
In regulation 6 a reference to an offence specified in paragraph 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
6
In regulations 3 to 6 —
a
a reference to an offence, A, specified in the Schedule includes a reference to an offence, B, which in relation to offence A is a connected offence;
b
a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of a relevant foreign offence or an offence which in relation to that relevant foreign offence is a connected offence.
7
In paragraph (6)(b) a relevant foreign offence is an offence satisfying the criteria specified in paragraph (8).
8
The criteria are that —
a
the offence is one under the law in force in a country or territory outside the British Islands;
b
the conduct which constitutes the offence would, if carried out in England and Wales, amount to an equivalent offence which is specified in the Schedule;
c
where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.
9
For the purposes of paragraph (8) an act punishable under the law in force in a country or territory outside the British Islands constitutes an offence under that law however it is described in that law.
Effect of decision not to impose a disqualification order
2
1
Where the condition in paragraph (2) is met, the offences referred to in regulations 3 to 6 do not include any offence which a person has committed against a child before the commencement (for all purposes) of section 2 of the Act.
2
The condition is that the court, having considered whether to make a disqualification order in connection with the commission of the offence, decided not to.
3
In this regulation the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 .
PART 2 Prescribed criteria
Prescribed criteria – automatic inclusion in the children’s barred list
3
1
The criteria prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Act are the criteria set out in paragraphs (2) to (4).
2
The criterion set out in this paragraph is that before the relevant date —
a
the person had been made subject to a disqualification order, and
b
condition C in the 2003 Regulations was satisfied in relation to the person, and
c
regulation 8 of those Regulations applied to the person, and
d
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
3
The criterion set out in this paragraph is that before the relevant date —
a
the person had been convicted of, or cautioned in relation to, an offence specified in Part 2 of Schedule 2 to the 2003 Regulations, and
b
condition C in those Regulations was satisfied in relation to the person, and
c
regulation 8 of those Regulations applied to the person, and
d
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
4
The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule.
Prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations
4
1
The criteria prescribed for the purposes of paragraph 2(1) of Schedule 3 to the Act are the criteria set out in paragraphs (2) to (6).
2
The criterion set out in this paragraph is that before the relevant date —
a
the person had been made subject to a disqualification order, and
b
condition C in the 2003 Regulations was not satisfied in relation to the person, and
c
regulation 8 of those Regulations applied to the person, and
d
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
3
The criterion set out in this paragraph is that before the relevant date —
a
the person had been convicted of, or cautioned in relation to, an offence specified in Parts 2 to 5 of Schedule 2 to the 2003 Regulations, and
b
any of conditions D to F in those Regulations was satisfied in relation to the person, and
c
regulation 8 of those Regulations applied to the person, and
d
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
4
The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 .
5
The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule.
6
The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a disqualification order and the person does not meet any other criteria prescribed in regulation 3 or in this regulation.
Prescribed criteria – automatic inclusion in the adults’ barred list
5
The criterion prescribed for the purposes of paragraph 7(1) of Schedule 3 to the Act is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 3 of the Schedule.
Prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations
6
The criteria prescribed for the purposes of paragraph 8(1) of Schedule 3 to the Act are —
a
that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
b
that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 4 of the Schedule.
PART 3 Miscellaneous Provisions
Amendments to the Education (Provision of Information by Independent Schools) (England) Regulations 2003
7
1
In regulation 8 of the Education (Provision of Information by Independent Schools) (England) Regulations 2003 —
a
omit paragraphs (1)(a)(ii) and (2);
b
in paragraph (1) for “Secretary of State” substitute “Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 ”.
2
After regulation 10 of those Regulations, insert —
Provision of information
10A
The Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 must, at the request of the Secretary of State, inform the Secretary of State whether the Independent Barring Board has received information from the proprietor of a specified school in relation to a specified person pursuant to regulation 8.
.
3
In Part 5 of the Schedule to those Regulations, in paragraph 20 for “of the Secretary of State’s functions under section 142 of the 2002 Act” substitute “by the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 of its functions under Schedule 3 to that Act”.
Amendments to the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008
8
1
The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 is amended as follows.
2
After article 2(1)(a), insert —
aa
who does not meet any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 3 to the Act under the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009;
.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
13th January 2009


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fixed Penalty (Amendment) Order 2009 and shall come into force on 31st March 2009.
2
This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 31st March 2009.
3
In this Order, “the Principal Order ” means the Fixed Penalty Order 2000 .
Amendment of the Principal Order
2
After Article 1 of the Principal Order, insert the following —
Interpretation
1A
In Schedule 2 —
“the AETR ” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1 July 1970, as amended, as applied by article 2(3) of the EC Regulation ;
“the Community Recording Equipment Regulation has the meaning given in section 97 of the Transport Act 1968 ; and
“the EC Regulation” means the Community Drivers’ Hours Regulation as defined in section 103(1) of the Transport Act 1968 .
3
Article 2 of the Principal Order is amended as follows —
a
for “the Schedule”, where it appears for the first time, substitute “Schedule 1”; and
b
for “the Schedule”, where it appears for the second time, substitute “that Schedule”.
4
After article 2 of the Principal Order, insert the following —
Graduated Fixed Penalties
2A
The amount of the fixed penalty for an offence specified in Schedule 2 to this Order shall be the amount indicated in relation to that offence by that Schedule, by reference to the circumstances of the offence, those being the nature of the contravention, and, where specified, its seriousness.
5
The Schedule to the Principal Order is amended as follows —
a
After “Schedule” where it appears in the heading, insert “1”.
b
In the table of fixed penalties in Schedule 1 to the Principal Order, after the entry relating to “a fixed penalty offence under section 33 of the Vehicle Excise and Registration Act 1994”, insert the following —
A fixed penalty offence under section 98(4) of the Transport Act 1968 £200 A fixed penalty offence under section 99(4) of the Transport Act 1968 £200 A fixed penalty offence under section 99ZD(1) of the Transport Act 1968 £200 A fixed penalty offence under 99C of the Transport Act 1968 £200 A fixed penalty offence under section 3(1) of the Road Traffic (Foreign Vehicles) Act 1972 £200 A fixed penalty offence under section 12(5) of the Public Passenger Vehicles Act 1981 £200 A fixed penalty offence under section 71(1) of the Road Traffic Act 1988 £200 A fixed penalty offence under 90D(6) of the Road Traffic Offenders Act 1988 £200 A fixed penalty offence under section 2(5) of the Goods Vehicles (Licensing of Operators) Act 1995 £200 A fixed penalty offence under regulation 3 of the Goods Vehicles (Community Authorisations) Regulations 1992 £60 A fixed penalty offence under regulation 3 of the Public Service Vehicles (Community Licences) Regulations 1999 £60 A fixed penalty offence under regulation 3(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 £60 A fixed penalty offence under regulation 4(1) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 £60
6
After Schedule 1 to the Principal Order, insert the following —
SCHEDULE 2
Graduated Fixed Penalties
Article 2A
1
Section 96(11) Transport Act 1968
Table 1
(1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable amount of penalty £60 £120 £200
1. Driving a vehicle or vehicles for more than 10 hours, contrary to section 96(1)
More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 2. Failure to take an interval for rest and refreshment, contrary to section 96(2) Being on duty for up to 1 hour beyond the required break Being on duty for 1 hour or more, but less than 2 hours, beyond the required break Being on duty for 2 hours or more beyond the required break 3. Exceeding working day of 11 hours, contrary to section 96(3)(a) More than 11 hours but less than 12 hours working 12 hours or more but less than 13 hours working 13 hours or more working 4. Failing to take a daily rest period between two successive working days, contrary to section 96(4) Less than 11 hours but more than 10 hours daily rest 10 hours or less but more than 9 hours daily rest 9 hours or less 5. Failing to take a weekly rest period of 24 hours, contrary to section 96(6) Less than 24 hours but more than 23 hours rest 23 hours or less but more than 22 hours rest 22 hours rest or less 6. Exceeding the daily working limit of 16 hours in respect of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 applies, contrary to section 96(3)(c), as modified by that Order in relation to such vehicles More than 16 hours, but less than 17 hours working 17 hours or more but less than 18 hours working 18 hours or more working 7. Failing to take a daily rest period between two successive working days by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971 applies, contrary to section 96(4), as modified by that Order in relation to such vehicles Less than 10 hours but more than 9 hours daily rest (or, in the case of a reduced daily rest period, less than 8.5 hours but more than 7.5 hours daily rest) 9 hours or less but more than 8 hours daily rest (or, in the case of a reduced daily rest period, 7.5 hours or less but more than 6.5 hours daily rest) 8 hours or less daily rest (or, in the case of a reduced daily rest period, 6.5 hours or less daily rest) 8. Failing to take a rest period of 24 hours in each successive two week period by a driver of a passenger vehicle to which the Drivers’ Hours (Passenger and Goods Vehicles) (Modifications) Order 1971) applies, contrary to section 96(6), as modified by that Order in relation to such vehicles Less than 24 hours but more than 23 hours weekly rest 23 hours or less but more than 22 hours weekly rest 22 hours or less weekly rest
2
Section 96(11A) Transport Act 1968
Table 2
(1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and applicable amount of penalty £60 £120 £200
1. Exceeding 9 hours daily driving, in contravention of paragraph 1 of Article 6(1) of the EC Regulation
More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving 2. Exceeding 10 hours daily driving, in contravention of paragraph 2 of Article 6(1) of the EC Regulation
More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 3. Exceeding the weekly driving time of 56 hours, in contravention of Article 6(2) of the EC Regulation
More than 56 hours but less than 58 hours driving 58 hours or more but less than 59 hours driving 59 hours or more driving 4. Exceeding 90 hours accumulated driving time in any two consecutive weeks, in contravention of Article 6(3) of the EC Regulation
More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving 5. Exceeding 4.5 hours driving without a break, in contravention of Article 7 of the EC Regulation More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving 6.5 hours or more driving 6. Insufficient regular daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation Less than 11 hours but more than 10 hours daily rest
10 hours or less but more than 9 hours daily rest 9 hours or less daily rest 7. Insufficient reduced daily rest period in 24 hour period, in contravention of Articles 8(1) and 8(2) of the EC Regulation Less than 9 hours but more than 8 hours daily rest 8 hours or less but more than 7 hours daily rest 7 hours or less daily rest 8. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation Less than 3 hours but more than 2 hours rest 2 hours or less but more than 1 hours rest 1 hour or less rest 9. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation, and in contravention of Articles 8(1) and 8(2) of that Regulation Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 10. Failure to take daily rest period of at least 12 hours in total, where regular daily rest period is split, as required by the first indent of Article 4(g) of the EC Regulation and in contravention of Articles 8(1) and 8(2) of that Regulation Less than 12 hours but more than 11 hours rest 11 hours or less but more than 10 hours rest 10 hours or less rest 11. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8(1) and 8(5) of the EC Regulation Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 12. Insufficient regular weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation Less than 45 hours but more than 43 hours weekly rest
43 hours or less but more than 42 hours weekly rest 42 hours or less weekly rest 13. Insufficient reduced weekly rest period, in contravention of Articles 8(1) and (6) of the EC Regulation Less than 24 hours but more than 22 hours rest 22 hours or less but more than 21 hours rest 21 hours or less rest 14. Failure to take equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by the second indent of Article 8(6) of the EC Regulation Up to 3 hours less rest than required 3 hours or more but less than 4 hours less rest than required 4 hours or more less rest than required 15. Exceeding 9 hours daily driving, in contravention of the first sub-paragraph of Article 6.1 of the AETR More than 9 hours but less than 10 hours driving 10 hours or more but less than 11 hours driving 11 hours or more driving 16. Exceeding 10 hours daily driving (where permitted), in contravention of the first sub-paragraph of Article 6.1 of the AETR More than 10 hours but less than 11 hours driving 11 hours or more but less than 12 hours driving 12 hours or more driving 17. Exceeding 90 hours total period of driving in any one fortnight, in contravention of Article 6.2 of the AETR More than 90 hours but less than 93 hours driving 93 hours or more but less than 94 hours driving 94 hours or more driving 18. Exceeding 4.5 hours driving without a break, in contravention of Article 7.1 of the AETR More than 4.5 hours but less than 5.5 hours driving 5.5 hours or more but less than 6.5 hours driving
6.5 hours or more driving 19. Insufficient daily rest period in 24 hour period in contravention of the first sub-paragraph of Article 8.1 of the AETR Less than 11 hours but more than 10 hours rest 10 hours or less but more than 9 hours rest 9 hours or less rest 20. Insufficient reduced daily rest period (where permitted) in 24 hours period in contravention of the first sub-paragraph of Article 8.1 of the AETR Less than 9 hours but more than 8 hours rest 8 hours or less but more than 7 hours rest 7 hours or less rest 21. Failure to take equivalent period of compensatory rest before the end of the following week, in accordance with Article 8.1 of the AETR, where reduced daily rest periods taken Up to 3 hours less rest than required
3 hours or more but less than 4 hours less rest than required
4 hours or more less rest than required
22. Failure to take rest of at least 8 consecutive hours, in accordance with Article 8.1 of the AETR, where daily rest period is split Less than 8 hours but more than 7 hours rest
7 hours or less but more than 6 hours rest
6 hours or less rest
23. Failure to take daily rest period of 12 hours in total, in accordance with Article 8.1 of the AETR, where regular daily rest period is split Less than 12 hours but more than 11 hours rest
11 hours or less but more than 10 hours rest
10 hours or less rest
24. Insufficient consecutive rest period of 8 hours in 30 hour period where vehicle is manned by at least two drivers, in contravention of Article 8.2 of the AETR Less than 8 hours but more than 7 hours rest 7 hours or less but more than 6 hours rest 6 hours or less rest 25. Insufficient regular weekly rest period, in contravention of Articles 6.1 and 8.3 of the AETR Less than 45 hours but more than 43 hours rest 43 hours or less but more than 42 hours rest 42 hours or less rest 26. Insufficient reduced weekly rest period if taken where the vehicle is normally based or where the driver is based, in contravention of Articles 6.1 and 8.3 of the AETR Less than 36 hours but more than 34 hours rest 34 hours or less but more than 33 hours rest 33 hours or less rest 27. Insufficient reduced weekly rest period of 24 hours if taken elsewhere than where the vehicle is normally based or where the driver is based, in contravention of Articles 6.1 and 8.3 of the AETR Less than 24 hours but more than 22 hours rest 22 hours rest or less but more than 21 hours rest 21 hours or less rest 28. Failure to take sufficient compensatory rest for reductions in weekly rest period before the end of the third week in question, in contravention of Articles 6.1 and 8.3 of the AETR Up to 3 hours less rest than required 3 hours or more but less than 4 hours less rest than required 4 hours or more less rest than required
3
Section 97(1) Transport Act 1968
Table 3
(1) Nature of contravention or failure constituting the offence (2) Amount of penalty
1. Failure to ensure recording equipment installed in accordance with article 3(1) of the Community Recording Equipment Regulation £200 2. Failing to ensure correct functioning of recording equipment or driver card, in accordance with article 13 of that Regulation £60 3. Failing to ensure the proper use of the recording equipment, in accordance with article 13 of that Regulation £120 4. Failing to ensure the proper use of the driver card, in accordance with article 13 of that Regulation £200 5. Failing to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with article 14(1) of that Regulation £120 6. Failing to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with article 14(1) of that Regulation £60 7. Using driver card of which the driver is not the holder, contrary to article 14(4)(a) of that Regulation £200 8. Using a defective driver card, contrary to article 14(4)(a) of that Regulation £60 9. Failure, at the start of the journey, to print out information required, etc , in accordance with article 15(1)(a) of that Regulation £120 10. Failure, at the end of the journey, to print out the information required, etc, in accordance with article 15(1)(b) of that Regulation £120 11. Failure to use record sheets or driver card, in accordance with article 15(2) of that Regulation £200 12. Unauthorised withdrawal of record sheet or driver card, contrary to article 15(2) of that Regulation £120 13. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with article 15(2) of that Regulation £120 14. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with article 15(2) of that Regulation £120
4
Section 41A Road Traffic Act 1988
Table 4
(1) Nature of contravention or the failure constituting the offence (2) Amount of penalty
1. Contravention of regulation 27(1)(g) (failure to have a tread pattern of at least 1 millimetre) of the Road Vehicles (Construction and Use) Regulations 1986 £120
5
Section 41B Road Traffic Act 1988
Table 5
(1) Nature of contravention or failure constituting the offence (2) Seriousness of offence and amount of penalty £60 £120 £200
1. Exceeding maximum authorised weight of vehicle, contrary to regulation 4(1)(a) of, and Schedule 1 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 2. Exceeding maximum authorised weight of vehicle combination, contrary to regulation 4(1)(b) of, and Schedule 2 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 3. Exceeding maximum authorised weight of axle, contrary to Regulation 4(1)(c) of, and Schedule 3 to, the Road Vehicles (Authorised Weight) Regulations 1998 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 4. Exceeding maximum permitted laden weight of a vehicle, contrary to regulation 75(1) of, and Parts I, IA and II of Schedule 11 to, the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 5. Exceeding maximum permitted laden weight of trailer, contrary to regulation 75(3) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 6. Exceeding maximum permitted laden weight of a vehicle and trailer, other than an articulated vehicle, contrary to regulation 76(1) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 7. Exceeding any weights shown on the plate fitted in accordance with regulation 66 of the Road Vehicles (Construction and Use) Regulations 1986, contrary to regulation 80(1)(a) of those Regulations Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 8. Exceeding any weight shown in column (2) of the plating certificate, contrary to regulation 80(1)(b) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 9. Exceeding maximum gross weight in respect of an agricultural trailed appliance, contrary to regulation 80(1)(c) of the Road Vehicles (Construction and Use) Regulations 1986 Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more 10. Exceeding sum of weights in respect of axles fitted with a compensating arrangement, contrary to regulation 80(2) of the Road Vehicles (Construction and Use) Regulations
1986
Exceeding weight by up to 10% Exceeding weight by 10% or more, but less than 15% Exceeding weight by 15% or more
6
Section 42 Road Traffic Act 1988
Table 6
(1) Nature of contravention or failure constituting the offence (2) Amount of penalty
1. Failure to meet requirements regarding speed limiters, in accordance with regulation 36A(4) of the Road Vehicles (Construction and Use) Regulations 1986 £120 2. Failure to meet requirements regarding speed limiters, in accordance with regulation 36B(6) of those Regulations £120
3. Failure to maintain vehicle, etc. , or to carry, etc., passengers in accordance with regulation 100(1) of those Regulations, so as not to be a danger £60 4. Failure to carry load in a secure manner, etc., in accordance with regulation 100(2) of those Regulations, so as not to be a danger or nuisance £60 5. Failure to use vehicle for suitable purposes, in accordance with regulation 100(3) of those Regulations, so as not to be a danger or nuisance £60
Signed by authority of the Secretary of State for Transport
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
5th March 2009


text:
PART 1 Introduction
Title, application and commencement
1
These Regulations may be cited as the Swine Vesicular Disease Regulations 2009; they apply in England and come into force on 30th June 2009.
Interpretation
2
In these Regulations —
“carcase” means a carcase or part of a carcase of a pig;
“infected premises” means any premises declared as such by the Secretary of State under Part 3;
“inspector” and “veterinary inspector” mean persons appointed as such under the Animal Health Act 1981 ;
“livestock” means hoofed animals other than horses;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the county council;
in each London borough the council of that borough; or
in the City of London, the Common Council;
“pig” means any animal of the suidae family;
“premises” includes any place.
References to occupier
3
1
Any notice required or authorised under these Regulations to be served on the occupier of premises may be served on a person appearing to the person serving the notice to have day-to-day responsibility for the premises or for any pigs on the premises (see regulation 32 for further provision as to notices).
2
Where a notice has been served on a person referred to in paragraph (1), any reference in these Regulations to the occupier of those premises is a reference to that person.
Exemptions
4
1
These Regulations do not apply to —
a
anything done under the terms of a licence granted under the Specified Animal Pathogens Order 2008 , or
b
any border inspection post, quarantine centre or quarantine facility approved for the purposes of the Animals and Animal Products (Import and Export) (England) Regulations 2006 .
2
Parts 3 and 4 do not apply in any period during which action is being taken under the Foot-and-Mouth Disease (England) Order 2006 .
PART 2 Notification of suspicion of swine vesicular disease
Notification requirements
5
1
Any person in possession or charge of, or who inspects or examines, a pig or carcase and who suspects the pig to be infected or the carcase to be contaminated with swine vesicular disease virus must immediately notify the Secretary of State.
2
Any person who examines a sample taken from a pig or carcase and who —
a
suspects that the pig is infected with swine vesicular disease virus or the carcase is contaminated with that virus, or
b
detects evidence of antibodies to, or antigens of, that virus,
must immediately notify the Secretary of State.
3
Failure to comply with this regulation is an offence.
PART 3 Suspicion and confirmation of swine vesicular disease
CHAPTER 1
Scope of Part 3 and initial controls
Scope of Part 3
6
This Part applies to all premises other than slaughterhouses (for which see Part 4).
Initial controls following notification
7
1
This regulation applies where the Secretary of State is notified under regulation 5(1) of a suspect pig or carcase and a veterinary inspector considers that further investigation relating to the possible presence of swine vesicular disease is necessary.
2
The veterinary inspector must orally or otherwise inform the person reporting the suspect pig or carcase that further investigation is necessary, and the controls in paragraph (3) then apply.
3
The controls are that, except as permitted in writing by a veterinary inspector, the person in possession or charge of a notified pig or carcase must ensure that —
a
the notified pig or carcase is not moved from the premises where it is,
b
no other pig or carcase or any thing likely to spread swine vesicular disease virus is moved from or to those premises, and
c
any person who has been in contact with any pig or carcase on the premises, or been on any part of the premises that may be contaminated with swine vesicular disease virus, takes all necessary biosecurity precautions to reduce the risk of spreading swine vesicular disease virus before leaving the premises,
and failure to do so is an offence.
4
Any controls imposed under this regulation continue to apply until —
a
a veterinary inspector serves a notice under these Regulations designating the premises as suspect premises, or
b
a veterinary inspector confirms (orally or otherwise) that the presence of swine vesicular disease virus on the premises is not suspected.
CHAPTER 2
Action on suspicion of disease and declaration of infected premises
Imposing measures on suspicion of disease
8
1
An inspector must act in accordance with this regulation on suspicion that —
a
a pig that is or has been infected with swine vesicular disease virus is on any premises (whether or not following a notification under these Regulations), or
b
premises are contaminated with swine vesicular disease virus.
2
The inspector must —
a
serve a notice on the occupier designating those premises as suspect premises and imposing the measures in Schedule 1, and
b
ensure that warning signs prohibiting entry are erected at suitable points around the premises.
3
A veterinary inspector must begin an epidemiological inquiry to try to establish at least —
a
the length of time that swine vesicular disease virus may have existed on the premises,
b
the origin of that virus,
c
the identification of other premises contaminated with that virus from the same source,
d
the movement of any person or thing that could have carried that virus to or from the premises, and
e
the possibility that pigs living in the wild may be involved in the spread of the virus,
and must continue the inquiry until these matters have been established so far as is practicable or the possibility of disease has been discounted.
Measures following suspicion – non-contact premises
9
1
This regulation applies where a veterinary inspector suspects that swine vesicular disease virus exists on any premises but this suspicion does not arise out of the fact that the premises have an epidemiological link with infected premises.
2
Following service of a notice on suspicion of swine vesicular disease, a veterinary inspector must take all reasonable steps to establish whether or not the suspicion is correct.
3
These steps must include taking samples from pigs on the premises (if there are any) and having them tested.
4
When premises do not have pigs on them at the time of the notice, the veterinary inspector may take samples from the pigs or carcases that have been on the premises, and may take environmental samples from the premises.
5
If the tests carried out under paragraphs (3) and (4) demonstrate that —
a
swine vesicular disease virus is in a pig or on the premises, or
b
the premises contain pigs that are seropositive for swine vesicular disease and in addition those pigs or other pigs on the premises show clinical signs of swine vesicular disease,
the Secretary of State must serve a notice declaring the premises to be infected premises.
6
If the tests carried out under paragraph (3) demonstrate that there are seropositive pigs on the premises, but none of the pigs on the premises shows clinical signs of swine vesicular disease, the Secretary of State must —
a
continue to monitor the premises and take further samples and test those samples, with an interval of 28 days at least between the samples taken when disease was first suspected and the samples taken under this sub-paragraph,
b
declare the premises to be infected premises if the test on the further samples shows that swine vesicular disease virus exists in a pig on the premises,
c
otherwise ensure that all pigs that have tested seropositive are —
i
killed and destroyed under the supervision of an inspector, or
ii
slaughtered in a slaughterhouse designated for the purpose by the Secretary of State where they are kept and slaughtered separately from other pigs,
and the Secretary of State must remove the measures in Schedule 1 once all seropositive pigs have been killed or removed from the premises.
7
If the tests carried out under paragraphs (3) and (4) demonstrate that there is no swine vesicular disease virus in a pig or on the premises and that there are no seropositive pigs on the premises the Secretary of State must remove the measures in Schedule 1.
Measures following suspicion – contact premises
10
1
This regulation applies where a veterinary inspector suspects that swine vesicular disease virus exists on any premises and this suspicion arises out of the fact that the premises have an epidemiological link with infected premises.
2
If any pig on the suspect premises shows clinical signs of swine vesicular disease the Secretary of State must serve a notice declaring the suspect premises to be infected premises.
3
If no pig on the suspect premises shows clinical signs of swine vesicular disease the Secretary of State must assess the risk of swine vesicular disease virus being present on the suspect premises, taking account of the degree of contact between the suspect premises and the infected premises, and on the basis of the assessment must either —
a
kill all the pigs on the suspect premises without further confirmation of the existence of the disease on those premises and without declaring the premises to be infected premises, or
b
monitor the pigs on the suspect premises for at least 28 days.
4
The Secretary of State must serve a notice declaring the suspect premises to be infected premises if tests demonstrate that the premises —
a
contain or contained a pig that is infected with swine vesicular disease virus, or
b
contain a pig that is seropositive for swine vesicular disease virus.
5
If the Secretary of State does not declare the suspect premises to be infected premises the Secretary of State must assess when the measures in Schedule 1 can be lifted.
6
On the basis of the assessment the Secretary of State must decide what actions (including if necessary cleansing and disinfection and re-stocking with sentinel pigs) must be carried out before the measures in Schedule 1 can be lifted, and notify the occupier of these (if not all the pigs were killed on the premises, the measures in Schedule 1 may not be lifted during the 28 day monitoring period).
7
The Secretary of State must remove the measures in Schedule 1 when satisfied that the actions notified to the occupier have been carried out.
Declaration of infected premises where premises are close to a confirmed outbreak
11
If pigs on any premises show clinical signs of swine vesicular disease and there are infected premises sufficiently close to the premises for the Secretary of State to be satisfied that the premises are also infected a veterinary inspector must —
a
serve a notice on the occupier declaring those premises as infected premises and imposing the measures in Schedule 1, and
b
ensure that warning signs prohibiting entry are erected at suitable points around the premises,
without first declaring the premises to be suspect premises.
Suspicion relating to pigs living in the wild
12
1
This regulation applies where a veterinary inspector suspects that a pig living in the wild is infected with swine vesicular disease virus.
2
A veterinary inspector must take all reasonable steps to establish whether or not the suspicion is correct.
3
Where the veterinary inspector concludes that swine vesicular disease virus is likely to be present in a pig living in the wild, the Secretary of State must take appropriate action to minimise the risk of that virus spreading to domestic pigs.
Conditions and warning signs
13
1
Breach of any of the measures in Schedule 1 is an offence.
2
Those measures remain in place until the Secretary of State serves a notice on the occupier of the premises removing them.
3
When a warning sign has been erected under this Part, the occupier of the premises must ensure that it is properly maintained, and failure to do so is an offence.
4
It is an offence to remove a warning sign erected under this Part except under the authority of a veterinary inspector.
5
A veterinary inspector may only authorise the removal of the warning signs when the measures in Schedule 1 are removed.
CHAPTER 3
Killing pigs and initial cleansing and disinfection
Killing pigs on the infected premises
14
If premises are declared as infected premises, the Secretary of State must immediately kill all the pigs on the premises.
Removal of carcases and initial cleansing and disinfection
15
1
When any pigs are killed under this Part the Secretary of State must remove all carcases from the infected premises and dispose of them in such a way as to avoid the risk of swine vesicular disease virus spreading.
2
The Secretary of State must then without delay spray with disinfectant —
a
all parts of the premises (other than fields, slurry lagoons and other parts of the premises where the disinfectant would have no effect) and all equipment to which the pigs have had access, and
b
anything contaminated during killing,
and ensure that disinfectant remains on the sprayed surfaces for at least 24 hours.
Conservation and related measures
16
1
The Secretary of State may decide not to kill pigs —
a
kept in —
i
a zoo or wildlife park; or
ii
premises approved for the purposes of intra-Community trade in porcine semen, ova or embryos;
b
kept for —
i
display;
ii
educational purposes;
iii
scientific research or breeding for such research; or
iv
purposes related to conservation of species or genetic resource.
2
Where the Secretary of State decides not to kill such pigs, a veterinary inspector may serve a notice on the occupier of the premises on which they are kept detailing the biosecurity arrangements that the occupier must follow to reduce the risk of spread of swine vesicular disease virus, and failure to comply with such a notice is an offence.
CHAPTER 4
Removal of measures in Schedule 1 from infected premises
Removal of restrictions from infected premises
17
1
Unless otherwise provided for in these Regulations, the fallback position is that a veterinary inspector may not remove the measures in Schedule 1 on infected premises until the Secretary of State is satisfied that sufficient time has elapsed for the virus to have decayed naturally to the extent that it will no longer infect pigs.
2
But a veterinary inspector may remove the measures in Schedule 1 before that time in parts of the premises capable of being cleansed and disinfected if —
a
the occupier has cleansed and disinfected those parts of the premises to the satisfaction of the veterinary inspector, and
b
the premises have been tested for the existence of swine vesicular disease virus using sentinel pigs with negative results.
Cleansing and disinfection - general
18
1
Disinfectants used and, where appropriate, their concentrations, must be approved by the Secretary of State and used in accordance with the manufacturer’s instructions (if any).
2
Cleansing and disinfection must be carried out in such a way as to minimise the risk of spread or survival of swine vesicular disease virus.
Method of cleansing and disinfection
19
1
The cleansing and disinfection must be carried out by the occupier in accordance with written instructions from a veterinary inspector.
2
The instructions must if necessary include requirements for —
a
the treatment of manure, bedding and feed so as to inactivate the virus;
b
the removal of grease and other dirt from all surfaces by soaking with a degreasing agent followed by washing the surfaces with water;
c
spraying all surfaces with disinfectant (or treating them with a flame gun) and repeating after 14 days; and
d
repairing damaged floors and walls.
Testing with sentinel pigs
20
1
Following cleansing and disinfection in accordance with the veterinary inspector’s instructions, a veterinary inspector must certify in writing that the cleansing and disinfection has been carried out in a satisfactory manner.
2
The premises must then be tested for swine vesicular disease virus using sentinel pigs.
3
The number of sentinel pigs must be limited to the minimum necessary for the test.
4
Sentinel pigs may not be introduced until at least 28 days after the certificate has been issued, and must be introduced in accordance with a licence from a veterinary inspector.
5
The pigs must have been tested at the expense of the occupier before being brought on to the premises and found to be negative for the presence of antibodies against swine vesicular disease virus.
6
The veterinary inspector must ensure that the pigs are placed throughout the premises in sufficient numbers such that it is reasonable to expect any residual virus to affect one or more of the pigs.
7
The pigs must be examined 28 days after having been placed on the premises, and sampled for the presence of antibodies against swine vesicular disease virus by a veterinary inspector.
8
If none of the pigs shows clinical signs of swine vesicular disease or has developed antibodies against swine vesicular disease virus, the veterinary inspector must remove restrictions from those parts of the premises.
9
As an alternative to introducing the minimum number of sentinel pigs, a veterinary inspector may license the introduction of an unlimited number of sentinel pigs, but in this case —
a
paragraphs (4), (5) and (6) apply in relation to the introduction of the sentinel pigs;
b
all the pigs must arrive within a period of eight days;
c
they must come from premises situated outside a protection zone or surveillance zone;
d
a veterinary inspector must clinically examine all the pigs. and sample and arrange for testing for the presence of antibodies against swine vesicular disease virus on a statistically valid number of pigs, at the earliest 28 days after the arrival of the last pig; and
e
even if none of the pigs shows clinical signs of swine vesicular disease. a veterinary inspector may not remove the restrictions until 60 days after the arrival of the last pig.
Compulsory cleansing and disinfection
21
1
Irrespective of whether or not pigs are to be brought on to the premises again, the Secretary of State may serve a notice on an occupier requiring that occupier to carry out cleansing and disinfection of the premises specified in the notice, and failure to comply with the notice is an offence.
2
The notice must specify a reasonable period within which the cleansing and disinfection must be carried out.
3
If the notice is not complied with the Secretary of State may arrange for it to be complied with, whether by officers of the Secretary of State or other persons, at the expense of the occupier.
PART 4 Slaughterhouses
Controls in a slaughterhouse following notification
22
1
This regulation applies where the Secretary of State is notified under regulation 5(1) of a suspect pig or carcase in a slaughterhouse and a veterinary inspector considers that further investigation relating to the possible presence of swine vesicular disease is necessary.
2
The veterinary inspector must orally or otherwise inform the person reporting the suspect pig or carcase that further investigation is necessary, and the controls in paragraph (3) then apply.
3
The controls are that, except as permitted in writing by a veterinary inspector, the person in possession or charge of the pig or carcase must ensure that —
a
no pig is brought into the slaughterhouse,
b
any live suspect pig, live pig from the same premises as the suspect pig and any pigs they have had contact with is kept alive until slaughtered under regulation 23 , and
c
if any of those pigs have already been slaughtered, the carcases and any carcases that they have been in contact with are moved to a part of the slaughterhouse where they can be isolated, and the occupier must ensure that they are kept there and do not come into contact with other pigs or carcases,
and failure to do so is an offence.
4
These controls continue to apply until a veterinary inspector has gone to the slaughterhouse and acted in accordance with the following regulation.
Action following the imposition of controls
23
1
After the imposition of the controls following notification of suspicion of swine vesicular disease in a slaughterhouse a veterinary inspector must go to the slaughterhouse immediately and examine the pigs or carcases.
2
If the veterinary inspector is satisfied that swine vesicular disease does not exist in the slaughterhouse the veterinary inspector must confirm this (orally or otherwise) at which point the controls in regulation 22 cease to have effect.
3
A veterinary inspector who suspects that swine vesicular disease exists in the slaughterhouse must serve a notice on the occupier requiring that all live suspect pigs, live pigs from the same premises as the suspect pig and any pigs they have had contact with are slaughtered separately from other pigs, and the carcases stored separately from carcases of other pigs, and failure to comply with the notice is an offence.
4
The veterinary inspector must take samples (the samples may be from pigs and carcases at the slaughterhouse and samples from the premises of origin of the suspect pig) and test them to establish whether or not swine vesicular disease is present in the slaughterhouse.
5
If the test results are negative the veterinary inspector must confirm this in writing and the controls in regulation 22 cease to have effect.
6
A veterinary inspector may remove the restriction in 22 (3)(a) at any time if the slaughterhouse has been cleansed and disinfected in accordance with the written instructions of a veterinary inspector.
7
If the test results demonstrate the existence of swine vesicular disease virus in the slaughterhouse (whether or not there is evidence of swine vesicular disease on the premises that the pigs have come from) —
a
the Secretary of State must seize and dispose of the isolated carcases, and
b
the occupier must ensure that the parts of the slaughterhouse used to store the carcases of pigs slaughtered under this regulation are not used until the occupier has cleansed and disinfected them to the satisfaction of the veterinary inspector, and failure to comply with this provision is an offence.
PART 5 Area controls
Protection, surveillance and movement restriction zones
24
1
This regulation applies where the Secretary of State confirms premises as infected premises.
2
Unless the premises are listed in paragraph (3) the Secretary of State —
a
must declare a protection zone and a surveillance zone around the infected premises, and
b
may declare a movement restriction zone.
3
If the infected premises are —
a
a slaughterhouse,
b
a veterinary surgery where a pig has been brought for examination, or
c
any other place to which a pig has been brought temporarily and which the Secretary of State does not consider to be the centre of infection,
the Secretary of State may (but need not) declare a protection zone, surveillance zone and movement restriction zone around the premises.
4
The protection zone must have a radius of at least three kilometres and the surveillance zone must have a radius of at least ten kilometres, both centred on the part of the premises that the Secretary of State considers most appropriate for disease control.
5
The Secretary of State must ensure that —
a
premises within a protection zone or a surveillance zone that contain pigs are identified as soon as possible, and
b
a veterinary inspector visits all such premises that are within a protection zone, as soon as possible and —
i
inspects and as necessary examines the pigs, and
ii
collects and tests such samples as the veterinary inspector considers necessary.
6
Schedule 2 sets out measures that apply in protection zones and surveillance zones, and breach of any of those measures is an offence.
7
The Secretary of State may declare that any other measure necessary to prevent, so far as is reasonably practicable, the spread of swine vesicular disease virus applies in respect of the whole or any part of any protection zone or surveillance zone.
8
Premises —
a
partly inside and partly outside a protection zone are treated as being inside it;
b
partly inside a surveillance zone and partly in an area other than a protection zone are treated as being inside the surveillance zone;
c
partly inside a movement restriction zone and partly in an area other than a surveillance zone are treated as being inside the movement restriction zone.
9
When the Secretary of State declares the end of any protection zone, the area that formed that protection zone becomes part of the surveillance zone.
Movement restriction zones
25
1
A movement restriction zone must be centred on the part of the infected premises that the Secretary of State considers most appropriate for disease control, must be wider than the surveillance zone and does not include any area in the protection zone or surveillance zone.
2
The area must be such as the Secretary of State considers necessary to reduce the spread of swine vesicular disease virus.
3
It is an offence to move a pig off any premises in the movement restriction zone except in accordance with a licence granted by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
Declarations where swine vesicular disease in Scotland or Wales
26
1
Where infected premises (or the equivalent in Scottish or Welsh legislation) are declared in Scotland or Wales in relation to swine vesicular disease, the Secretary of State must immediately declare —
a
a protection zone to cover at least any area in England as is within three kilometres of the part of the infected premises most appropriate for the purposes of disease control, and
b
a surveillance zone to cover at least any area in England as is within ten kilometres of that part of the infected premises.
2
In any other case the Secretary of State may declare a protection zone and a surveillance zone on being satisfied that swine vesicular disease virus exists on any premises in Scotland or Wales.
3
In addition the Secretary of State may declare a movement restriction zone.
Declarations of zones
27
1
A declaration of a zone under this Part —
a
must be in writing;
b
must designate the extent of the zone being declared; and
c
may be amended or revoked by further declaration at any time.
2
In the case of a protection zone or a surveillance zone, the Secretary of State may not declare the end of the zone until —
a
all necessary cleansing and disinfection has been carried out at all infected premises in the zone to the satisfaction of a veterinary inspector;
b
all premises with pigs have been visited by a veterinary inspector, who has —
i
inspected and as necessary examined the pigs; and
ii
collected such samples as the veterinary inspector considers necessary; and
c
all samples have been tested with negative results.
Publicity
28
1
The Secretary of State must publicise —
a
the extent of any zone declared under these Regulations;
b
the nature of the restrictions and requirements relating to the zone;
c
the dates of the declaration and ending of that zone.
2
The local authority must where necessary erect signs where a road enters a protection or surveillance zone indicating the existence of the zone.
PART 6 Vaccination
Prohibition on vaccination
29
It is an offence to vaccinate a pig against swine vesicular disease except —
a
in accordance with regulation 30 , or
b
under the authority of a licence granted by the Secretary of State.
Compulsory vaccination
30
1
The Secretary of State may declare a vaccination zone in which all occupiers of premises inside the zone containing a pig must ensure the vaccination of pigs on those premises in accordance with that declaration.
2
Such an occupier who fails to vaccinate a pig in accordance with the declaration commits an offence.
3
Premises partly inside and partly outside a vaccination zone are treated as being inside the zone.
4
In the case of pigs outside a vaccination zone, or if a vaccination zone has not been declared, a veterinary inspector may serve a notice on the occupier of premises containing a pig requiring that occupier to ensure the vaccination of all pigs on those premises in accordance with that notice, and failure to comply with the notice is an offence.
Vaccinated pigs
31
1
The owner of a pig that has been vaccinated against swine vesicular disease must ensure that the pig is identified as having been so vaccinated.
2
If the vaccination was as a result of the declaration of a vaccination zone, no person may move a vaccinated pig outside the zone except to a slaughterhouse designated for the purpose by the Secretary of State where they must be kept and slaughtered separately from unvaccinated pigs.
3
Otherwise no person may move a vaccinated pig from the premises on which it was vaccinated (or, if the licence permitted vaccination in an area, from the area where vaccination is permitted) except to a slaughterhouse designated for the purpose by the Secretary of State where it must be kept and slaughtered separately from unvaccinated pigs.
4
It is an offence to fail to comply with this regulation.
PART 7 Inspection, enforcement and miscellaneous provisions
Notices
32
1
Any notice required or authorised under these Regulations to be served on any person must be in writing and may be amended, suspended or revoked in writing at any time.
2
Any such notice may be served by —
a
delivering it to the person;
b
leaving it at the person’s proper address; or
c
sending it by post to the person at that address.
3
Any such notice may —
a
in the case of a body corporate, be served on an officer of the body, and
b
in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
4
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person on whom a notice is to be served is the person’s last known address except that —
a
in the case of service on a body corporate or an officer of the body, the proper address is the address of the registered or principal office of the body, and
b
in the case of service on a partnership, a partner or a person having the control or management of the partnership business, the proper address is the address of the principal office of the partnership.
5
If the name or address of any occupier of premises on whom a notice is to be served under these Regulations cannot, after reasonable inquiry, be ascertained, the notice may be served by leaving it conspicuously affixed to a building or object on the premises.
6
In this regulation —
“body corporate” includes a limited liability partnership,
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate,
“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate,
“partnership” does not include a limited liability partnership,
and references to serving include references to similar expressions (such as giving or sending).
Licences
33
1
A licence granted under these Regulations must be in writing and may be —
a
general or specific;
b
subject to conditions; and
c
amended, suspended or revoked in writing at any time.
2
A person moving anything under the authority of a specific licence must —
a
carry the licence or a copy of it at all times during the movement, and
b
on demand by an inspector or an officer of the Secretary of State, produce the licence or copy and allow a copy or extract to be taken,
and failure to do so is an offence.
3
A person moving anything under the authority of a general licence must —
a
carry, at all times during the movement, a consignment note containing details of —
i
what is being transported, including the quantity,
ii
the date of the movement,
iii
the names of the consignor and consignee,
iv
the address of the place from which the movement started and of the destination,
b
on demand by an inspector or an officer of the Secretary of State, produce the consignment note and allow a copy or extract to be taken, and
c
keep the consignment note for at least six months,
and failure to do so is an offence.
4
It is an offence to fail to comply with or to breach a condition of any licence granted under these Regulations.
5
If a pig has been moved to premises under a licence, a veterinary inspector may serve a notice on the occupier of the premises of destination imposing such movement restrictions relating to pigs on those premises as are necessary to prevent the risk of spreading swine vesicular disease virus, and failure to comply with such a notice is an offence.
6
Except where otherwise directed by the Secretary of State, licences granted in Scotland or Wales for activities which could be licensed in England under these Regulations have effect in England as if they were licences granted under these Regulations, and the provisions of this regulation apply accordingly.
Powers of inspectors
34
1
An inspector may, on producing a duly authenticated authorisation if requested, enter any premises, at any reasonable hour for the purpose of enforcing these Regulations, and for these purposes “premises” includes a vehicle or trailer.
2
An inspector entering any premises may —
a
inspect the premises, vehicle or container and any plant, machinery or equipment;
b
take samples;
c
seize and destroy any thing that may spread swine vesicular disease virus;
d
detain or isolate any animal or thing;
e
mark for identification purposes any animal or thing;
f
require any animal or thing (including a vehicle) to be moved to a specified destination;
g
carry out any inquiries, examinations and tests;
h
have access to, and inspect and copy any documents or records (in whatever form they are held) relevant to these Regulations, and remove them to enable them to be copied;
i
inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with records; and
j
require the cleansing and disinfection of any part of the premises or any thing.
3
Where an inspector has entered any premises and it is not reasonably practicable to determine whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
4
The inspector may be accompanied by —
a
such other persons as the inspector considers necessary, and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
Powers relating to pigs living in the wild
35
In relation to pigs living in the wild a veterinary inspector and, when acting under the direction of a veterinary inspector, an inspector, another officer of the Secretary of State or any other person with the necessary expertise may —
a
undertake surveillance for such pigs;
b
capture them;
c
take samples from them;
d
kill them if the veterinary inspector is satisfied that —
i
it is not possible to take samples from them without killing them; or
ii
they are spreading or may spread swine vesicular disease virus to other pigs.
Notices relating to movement
36
1
If a pig has been moved in contravention of any provision of these Regulations or any licence or notice served under these Regulations, a veterinary inspector may serve a notice on the occupier of the premises —
a
detaining the pig on the premises, and any other pigs on the premises, or
b
requiring the occupier to move any pigs on the premises to other premises specified in the notice.
2
If a pig has been moved to premises under such notice, a veterinary inspector may serve a notice on the occupier of the premises of destination imposing such movement restrictions relating to pigs on those premises as are necessary to prevent the risk of spreading swine vesicular disease virus.
3
Failure to comply with such a notice is an offence.
Suspension or restriction of rights of way in a protection zone
37
1
With the prior written consent of the Secretary of State, an inspector may suspend or restrict the exercise of a right of way (including a public footpath) in a protection zone by causing a sign to that effect to be appropriately displayed.
2
It is an offence to remove or alter a sign displayed under this regulation except under the direction of an inspector.
3
The suspension or restriction continues until —
a
the protection zone is ended, or
b
all relevant notices are removed under the direction of an inspector.
Change of occupier of premises under restriction
38
If there is a change of occupier of premises under restriction under these Regulations, the new occupier must allow the old occupier to enter the premises to feed any animal during the period of restriction and for seven days following its end, and failure to do so is an offence.
Powers of inspectors in case of default
39
If any person fails to comply with a requirement in or under these Regulations, an inspector may take such steps as that inspector considers necessary to ensure the requirement is met at the expense of that person.
Compensation
40
1
The Secretary of State must pay compensation for pigs killed or slaughtered under these Regulations.
2
If the pig was affected with swine vesicular disease the compensation is its value immediately before it became so affected (less any price received by the owner at slaughter).
3
Otherwise the compensation is its value immediately before it was killed or slaughtered.
4
The Secretary of State must pay compensation for anything seized (unless it is returned) under these Regulations at its value at the time of seizure.
Obstruction
41
It is an offence —
a
intentionally to obstruct anyone acting in the execution of these Regulations;
b
without reasonable cause, to fail to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
to furnish to anyone acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
to fail to produce a record when required to do so to any person acting in the execution of these Regulations.
Offences and penalties
42
1
A person guilty of an offence under these Regulations 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 six months or both.
Offences by bodies corporate
43
1
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,
that person is guilty of the offence as well as the body corporate.
2
For the purposes of this regulation “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Offences by partnerships and unincorporated associations
44
1
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
2
For the purposes of such proceedings —
a
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate, and
b
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or association as they apply in relation to a body corporate.
3
A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
4
Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “partner” includes a person purporting to act as a partner.
5
Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.
Enforcement
45
1
These Regulations are enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or in relation to particular cases, that the Secretary of State will enforce these Regulations instead.
Exceptional circumstances
46
The Secretary of State may for the purpose of ensuring the health or welfare of any animal —
a
license a person to carry out any action that is otherwise prohibited under these Regulations; or
b
exempt a person, by notice, from any requirement under these Regulations.
Revocations
47
1
The following are revoked —
a
the Swine Vesicular Disease Order 1972 ;
b
the Swine Vesicular Disease (Amendment) Order 1973 ; and
c
the Swine Vesicular Disease (Compensation) Order 1972 .
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
18th May 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Supply of Information about the School Workforce) (No. 2) (England) (Amendment) Regulations 2009 and come into force on 1st January 2010.
2
These Regulations apply in relation to England.
Amendments to the Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007
2
The Education (Supply of Information about the School Workforce) (No. 2) (England) Regulations 2007 are amended as follows.
3
In regulation 3 (interpretation), after the definition of “A Level” insert —
“the administrator of the Teachers’ Pension Scheme” means the person exercising, in pursuance of article 3 of the Contracting Out (Administration of the Teachers’ Pensions Scheme) Order 2003 , the functions specified in article 2 of that Order;
.
4
In regulation 8(2) (persons to whom the Secretary of State may supply information for qualifying purposes) —
a
at the end of sub-paragraph (l) omit “and”; and
b
at the end of sub-paragraph (m) insert —
; and
n
the administrator of the Teachers’ Pension Scheme.
.
5
In Schedule 1 (provision of information by schools and authorities) —
a
omit the headings “Part 1” and “All Qualifying Workers and Qualifying Trainees”;
b
for paragraph 1 substitute —
1
In respect of each qualifying worker and qualifying trainee who, during all or part of the census period or on the census date, is or has been employed or otherwise engaged to work at the school or for the authority for a period of at least 28 days or will have completed such a period by the end of his contract, the following information.
;
c
omit the headings “Part 2” and “All School Teachers and Teaching Assistants”; and
d
omit paragraph 8.
Iain Wright
Parliamentary Under Secretary of State
Department for Children, Schools and Families
20th August 2009


text:
PART 1 PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Overview and Scrutiny Committees) (England) Regulations 2009 and shall come into force on 12th August 2009.
2
These Regulations apply in England only.
Interpretation
2
1
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2000 Act ” means the Local Government Act 2000;
“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007;
2
In these Regulations references to an overview and scrutiny committee include references to a sub-committee of such a committee.
PART 2 OVERVIEW AND SCRUTINY COMMITTEES OF CERTAIN DISTRICT COUNCILS
Interpretation of Part 2
3
An expression used both in this Part and in section 21E of the 2000 Act (overview and scrutiny committees of certain district councils: functions with respect to partner authorities) has the same meaning in this Part as it has in section 21E of the 2000 Act.
Provisions of executive arrangements of certain district councils relating to overview and scrutiny committees
4
1
Executive arrangements by a district council to which section 21E of the 2000 Act applies may enable any of their overview and scrutiny committees to make reports and recommendations to the related county council, or that council’s executive, which relate to any local improvement target which —
a
relates to a relevant partner authority, and
b
is specified in a local area agreement of the county council.
2
Where a report or any recommendation is made pursuant to such executive arrangements, regulations 5 to 7 shall have effect.
Publication of reports and recommendations of overview and scrutiny committees
5
The overview and scrutiny committee may publish the report or recommendations.
Duties of overview and scrutiny committees, etc in relation to reports and recommendations
6
1
Where the report or any recommendation relates to a local improvement target that relates to the district council by which the overview and scrutiny committee is established, the overview and scrutiny committee must by notice in writing require the related county council or, as the case may be, that council’s executive —
a
to consider the report or recommendation,
b
to respond to the overview and scrutiny committee indicating what (if any) action the county council propose, or the executive proposes, to take, and
c
if the overview and scrutiny committee has published the report or recommendations under regulation 5, to publish the response,
and to do so within a period of two months beginning with the date on which the county council or its executive receives the report or recommendations or (if later) the notice.
2
It is the duty of the related county council or, as the case may be, that council’s executive, to which a notice is given under paragraph (1), to comply with the requirements specified in the notice.
Reports and recommendations relating to local improvement targets of relevant partner authorities
7
— Where a notice has been given under regulation 6(1) the overview and scrutiny committee may, by notice in writing, require any partner authority other than —
a
the county council,
b
a National Health Service Trust,
c
an NHS foundation trust, or
d
a Primary Care Trust,
to which the local improvement target that is the subject of the report or any recommendation relates, to have regard to the report or recommendation in the exercise of its functions.
2
A notice under paragraph (1) must be accompanied by a copy of the report or recommendation.
3
It is the duty of the relevant partner authority to which a notice is given under paragraph (1) to comply with the requirement specified in the notice.
Publication etc of reports, recommendations and responses: confidential and exempt information
8
Section 21D of the 2000 Act (publication etc of reports, recommendations and responses: confidential and exempt information) shall apply to the publication or provision under this Part of a document or a copy of a document as it applies to the publication of a document under section 21B of that Act (duty of authority or executive to respond to overview and scrutiny committee) or the provision of a copy of a document under section 21C of that Act (reports and recommendations of overview and scrutiny committees: duties of certain partner authorities).
PART 3 POWERS TO REQUIRE INFORMATION FROM CERTAIN PARTNER AND ASSOCIATED AUTHORITIES
Interpretation of Part 3
9
1
In this Part —
“a local area agreement” has the meaning given by section 106 of the 2007 Act (duty to prepare and submit draft of a local area agreement); and
“local improvement target” has the meaning given by section 105 of that Act (“local improvement targets”: interpretation).
2
An expression used both in this Part and in section 21C of the 2000 Act or for the purposes of subsection (4) of section 22A of that Act (overview and scrutiny committees of certain authorities in England: provision of information etc by certain partner authorities) has the same meaning in this Part as it has in section 21C or, as the case may be, for the purposes of subsection (4) of section 22A.
Provision of information by relevant partner authorities and associated authorities
10
1
Subject to regulation 15, a relevant partner authority shall provide to a relevant committee such information as that committee may reasonably require in order to discharge its functions, being information which —
a
has been requested in writing,
b
relates to a local improvement target which —
i
relates to the relevant partner authority, and
ii
is specified in a local area agreement of the authority by which the relevant committee is established.
2
Subject to regulation 15, an associated authority shall provide to a relevant district council committee such information as that committee may reasonably require in order to discharge its functions, being information which —
a
has been requested in writing;
b
is relevant to a local improvement target which —
i
relates both to the associated authority and to the authority by which the relevant district council committee is established, and
ii
is specified in a local area agreement of the county council which is the responsible authority in relation to the district council by which the relevant district council committee is established.
Prohibitions on disclosure
11
1
A relevant partner authority may not provide to the relevant committee and an associated authority may not provide to the relevant district council committee —
a
information that was obtained by the authority from any other person where the provision of that information to the committee by the authority would constitute a breach of confidence actionable by any person;
b
information the disclosure of which would, or would be likely to, prejudice the exercise of the functions of the authority or the legitimate interests of any person (including the authority holding it);
c
personal information within the meaning of the Data Protection Act 1998 , unless the disclosure is permitted by or under that Act; or
d
other information the disclosure of which is prohibited by or under any enactment.
2
Where, but for this paragraph, the disclosure of information would be prohibited by paragraph (1)(c), the relevant partner authority or, as the case may be, the associated authority shall —
a
revise it so that the individual concerned cannot be identified; and
b
if satisfied that disclosure of the information in that revised form is permitted by or under the Data Protection Act 1998, and is not otherwise prohibited, disclose it.
General exclusion from duty to disclose
12
Nothing in this Part shall require a partner or associated authority to provide information, or not to provide information, in respect of which provision may be made in exercise of the power conferred by —
a
section 20(5)(c) or (d) of the Police and Justice Act 2006 (guidance and regulations regarding crime and disorder matters), or
b
section 244(2)(d) or (e) of the National Health Service Act 2006 (functions of overview and scrutiny committees).
PART 4 PUBLICATION ETC OF DOCUMENTS BY THE EXECUTIVE: CONFIDENTIAL AND EXEMPT INFORMATION
Interpretation of Part 4
13
In this Part —
“confidential information” has the meaning given by section 100A(3) of the 1972 Act (admission to meetings of principal councils),
“exempt information” means information of any of the descriptions specified for the purposes of Part 5A of the 1972 Act (access to meetings and documents of certain authorities, committees and sub-committees) and, in relation to any response to a report or recommendations of an overview and scrutiny committee which has functions under section 21(2)(f) of the 2000 Act, includes information falling within any of the descriptions of information specified in Schedule 17 to the National Health Service Act 2006 , or in Schedule 11 to the National Health Service (Wales) Act 2006 (exempt information relating to health services), and
“relevant exempt information”, in relation to a response of the executive to a report or recommendations of an overview and scrutiny committee, means exempt information of a description specified in a resolution of the overview and scrutiny committee under section 100A(4) of the 1972 Act which applied to the proceedings, or part of the proceedings, at any meeting of the authority at which the report or response was, or recommendations were, considered.
Application of Part 4
14
This Part applies to —
a
the publication under section 21B of the 2000 Act by the executive of a local authority of any document comprising a response to a report or recommendation of an overview and scrutiny committee,
b
the provision under that section by such an executive of a copy of such a document, and
c
the publication under Part 2 of these Regulations by such an executive of any document comprising a response to a report or recommendation of an overview and scrutiny committee.
Exemptions from publication requirements, etc
15
1
In publishing the document the executive —
a
must exclude any confidential information, and
b
may exclude any relevant exempt information.
2
In providing a copy of the document to a member of the local authority the executive may exclude any confidential information or relevant exempt information.
3
Where information is excluded under paragraph (1) or (2), the executive, in publishing, or providing a copy of, the document —
a
may replace so much of the document as discloses the information with a summary which does not disclose that information, and
b
must do so if, in consequence of excluding the information, the document published, or copy provided, would be misleading or not reasonably comprehensible.
4
If by virtue of any of paragraphs (1) to (3) an executive, in publishing or providing a copy of the document —
a
excludes information, or
b
replaces part of the document with a summary,
it is nevertheless to be taken for the purposes of section 21B of the 2000 Act or, where the requirement to publish or provide a copy arises under Part 2 of these Regulations, that Part, to have published or provided a copy of the response.
Signed by authority of the Secretary of State for Communities and Local Government
Rosie Winterton
Minister of State
Department for Communities and Local Government
16th July 2009