text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1995 Act ” means the Pensions Act 1995;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“the Charging Regulations ” means the Pensions on Divorce etc. (Charging) Regulations 2000 ;
“the Implementation and Discharge of Liability Regulations ” means the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 ;
“the Valuation Regulations ” means the Pension Sharing (Valuation) Regulations 2000 ;
“active member” has the meaning given by section 124(1) of the 1995 Act ;
“day” means any day other than —
Christmas Day or Good Friday; or
a bank holiday, that is to say, a day which is, or is to be observed as, a bank holiday or a holiday under Schedule 1 to the Banking and Financial Dealings Act 1971 ;
“deferred member” has the meaning given by section 124(1) of the 1995 Act;
“implementation period” has the meaning given by section 34(1) of the 1999 Act;
“member” means a person who has rights to future benefits, or has rights to benefits payable, under a pension arrangement;
“money purchase benefits” has the meaning given by section 181(1) of the 1993 Act ;
“normal benefit age” has the meaning given by section 101B of the 1993 Act ;
“notice of discharge of liability” means a notice issued to the member and his former spouse by the person responsible for a pension arrangement when that person has discharged his liability in respect of a pension credit in accordance with Schedule 5 to the 1999 Act;
“notice of implementation” means a notice issued by the person responsible for a pension arrangement to the member and his former spouse at the beginning of the implementation period notifying them of the day on which the implementation period for the pension credit begins;
“occupational pension scheme” has the meaning given by section 1 of the 1993 Act;
“the party with pension rights” and “the other party” have the meanings given by section 25D(3) of the Matrimonial Causes Act 1997 ;
“pension arrangement” has the meaning given in section 46(1) of the 1999 Act;
“pension credit” means a credit under section 29(1)(b) of the 1999 Act;
“pension credit benefit” means the benefits payable under a pension arrangement or a qualifying arrangement to or in respect of a person by virtue of rights under the arrangement in question which are attributable (directly or indirectly) to a pension credit;
“pension credit rights” means rights to future benefits under a pension arrangement or a qualifying arrangement which are attributable (directly or indirectly) to a pension credit;
“pension sharing order or provision” means an order or provision which is mentioned in section 28(1) of the 1999 Act;
“pensionable service” has the meaning given by section 124(1) of the 1995 Act;
“person responsible for a pension arrangement” has the meaning given by section 46(2) of the 1999 Act;
“personal pension scheme” has the meaning given by section 1 of the 1993 Act ;
“qualifying arrangement” has the meaning given by paragraph 6 of Schedule 5 to the 1999 Act;
“relevant date” has the meaning given by section 10(3) of the Family Law (Scotland) Act 1985 ;
“retirement annuity contract” means a contract or scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 ;
“salary related occupational pension scheme” has the meaning given by regulation 1A of the Occupational Pension Schemes (Transfer Values) Regulations 1996 ;
“the Regulatory Authority ” means the Occupational Pensions Regulatory Authority;
“transfer day” has the meaning given by section 29(8) of the 1999 Act;
“transferee” has the meaning given by section 29(8) of the 1999 Act;
“transferor” has the meaning given by section 29(8) of the 1999 Act.
“trustees or managers” has the meaning given by section 46(1) of the 1999 Act.
Basic information about pensions and divorce
2
1
The requirements imposed on a person responsible for a pension arrangement for the purposes of section 23(1)(a) of the 1999 Act (supply of pension information in connection with divorce etc.) are that he shall furnish —
a
on request from a member, the information referred to in paragraphs (2) and (3)(b) to (f);
b
on request from the spouse of a member, the information referred to in paragraph (3); or
c
pursuant to an order of the court, the information referred to in paragraph (2), (3) or (4),
to the member, the spouse of the member, or, as the case may be, to the court.
2
The information in this paragraph is a valuation of pension rights or benefits accrued under that member’s pension arrangement.
3
The information in this paragraph is —
a
a statement that on request from the member, or pursuant to an order of the court, a valuation of pension rights or benefits accrued under that member’s pension arrangement, will be provided to the member, or, as the case may be, to the court;
b
a statement summarising the way in which the valuation referred to in paragraph (2) and sub-paragraph (a) is calculated;
c
the pension benefits which are included in a valuation referred to in paragraph (2) and sub-paragraph (a);
d
whether the person responsible for the pension arrangement offers membership to a person entitled to a pension credit, and if so, the types of benefits available to pension credit members under that arrangement;
e
whether the person responsible for the pension arrangements intends to discharge his liability for a pension credit other than by offering membership to a person entitled to a pension credit; and
f
the schedule of charges which the person responsible for the pension arrangement will levy in accordance with regulation 2(2) of the Charging Regulations (general requirements as to charges).
4
The information in this paragraph is any other information relevant to any power with respect to the matters specified in section 23(1)(a) of the 1999 Act and which is not specified in Schedule 1 or 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (basic information about the scheme and information to be made available to individuals), or in Schedule 1 or 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 (basic information about the scheme and information to be made available to individuals), in a case where either of those Regulations applies.
5
Where the member’s request for, or the court order for the provision of, information includes a request for, or an order for the provision of, a valuation under paragraph (2), the person responsible for the pension arrangement shall furnish all the information requested, or ordered, to the member —
a
within 3 months beginning with the date the person responsible for the pension arrangement receives that request or order for the provision of the information;
b
within 6 weeks beginning with the date the person responsible for the pension arrangement receives the request, or order, for the provision of the information, if the member has notified that person on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in section 23(1)(a) of the 1999 Act; or
c
within such shorter period specified by the court in an order requiring the person responsible for the pension arrangement to provide a valuation in accordance with paragraph (2).
6
Where —
a
the member’s request for, or the court order for the provision of, information does not include a request or an order for a valuation under paragraph (2); or
b
the member’s spouse requests the information specified in paragraph (3),
the person responsible for the pension arrangement shall furnish that information to the member, his spouse, or the court, as the case may be, within one month beginning with the date that person responsible for the pension arrangement receives the request for, or the court order for the provision of, the information.
7
At the same time as furnishing the information referred to in paragraph (1), the person responsible for a pension arrangement may furnish the information specified in regulation 4(2) (provision of information in response to a notification that a pension sharing order or provision may be made).
Information about pensions and divorce: valuation of pension benefits
3
1
Where an application for financial relief under any of the provisions referred to in section 23(1)(a)(i) or (iii) of the 1999 Act (supply of pension information in connection with domestic and overseas divorce etc. in England and Wales and corresponding Northern Ireland powers) has been made or is in contemplation, the valuation of benefits under a pension arrangement shall be calculated and verified for the purposes of regulation 2 of these Regulations in accordance with —
a
paragraph (3), if the person with pension rights is a deferred member of an occupational pension scheme;
b
paragraph (4), if the person with pension rights is an active member of an occupational pension scheme;
c
paragraphs (5) and (6), if —
i
the person with pension rights is a member of a personal pension scheme; or
ii
those pension rights are contained in a retirement annuity contract; or
d
paragraphs (7) to (9), if —
i
the pension of the person with pension rights is in payment;
ii
the rights of the person with pension rights are contained in an annuity contract other than a retirement annuity contract; or
iii
the rights of the person with pension rights are contained in a deferred annuity contract other than a retirement annuity contract.
2
Where an application for financial provision under any of the provisions referred to in section 23(1)(a)(ii) of the 1999 Act (corresponding Scottish powers) has been made, or is in contemplation, the valuation of benefits under a pension arrangement shall be calculated and verified for the purposes of regulation 2 of these Regulations in accordance with regulation 3 of the Divorce etc. (Pensions) (Scotland) Regulations 2000 (valuation).
3
Where the person with pension rights is a deferred member of an occupational pension scheme, the value of the benefits which he has under that scheme shall be taken to be —
a
in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he acquired a right under section 94(1)(a) of the 1993 Act (right to cash equivalent) on the termination of his pensionable service, calculated on the assumption that he has made an application under section 95 of that Act (ways of taking right to cash equivalent) on the date on which the request for the valuation was received; or
b
in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the 1993 Act if he had made an application under section 95(1) of that Act, calculated on the assumption that he has made such an application on the date on which the request for the valuation was received.
4
Where the person with pension rights is an active member of an occupational pension scheme, the valuation of the benefits which he has accrued under that scheme shall be calculated and verified —
a
on the assumption that the member had made a request for an estimate of the cash equivalent that would be available to him were his pensionable service to terminate on the date on which the request for the valuation was received; and
b
in accordance with regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Values) Regulations 1996 (disclosure).
5
Where the person with pension rights is a member of a personal pension scheme, or those rights are contained in a retirement annuity contract, the value of the benefits which he has under that scheme or contract shall be taken to be the cash equivalent to which he would have acquired a right under section 94(1)(b) of the 1993 Act, if he had made an application under section 95(1) of that Act on the date on which the request for the valuation was received.
6
In relation to a personal pension scheme which is comprised in a retirement annuity contract made before 4th January 1988, paragraph (5) shall apply as if such a scheme were not excluded from the scope of Chapter IV of Part IV of the 1993 Act by section 93(1)(b) of that Act (scope of Chapter IV).
7
Except in a case to which, or to the extent to which, paragraph (9) applies, the cash equivalent of benefits in respect of a person referred to in paragraph (1)(d) shall be calculated and verified in such manner as may be approved in a particular case by —
a
a Fellow of the Institute of Actuaries;
b
a Fellow of the Faculty of Actuaries ; or
c
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the person responsible for the pension arrangement in question, as being a proper person to act for the purposes of this regulation in connection with that arrangement.
8
Except in a case to which paragraph (9) applies, cash equivalents are to be calculated and verified by adopting methods and making assumptions which —
a
if not determined by the person responsible for the pension arrangement in question, are notified to him by an actuary referred to in paragraph (7); and
b
are certified by the actuary to the person responsible for the pension arrangement in question as being consistent with “Retirement Benefit Schemes — Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current at the date on which the request for the valuation is received .
9
Where the cash equivalent, or any portion of it represents rights to money purchase benefits under the pension arrangement in question of the person with pension rights, and those rights do not fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits, then that cash equivalent, or that portion of it, shall be calculated and verified in such manner as may be approved in a particular case by the person responsible for the pension arrangement in question, and by adopting methods consistent with the requirements of Chapter IV of Part IV of the 1993 Act (protection for early leavers — transfer values).
10
Where paragraph (3), (4) or (9) has effect by reference to provisions of Chapter IV of Part IV of the 1993 Act, section 93(1)(a)(i) of that Act (scope of Chapter IV) shall apply to those provisions as if the words “at least one year” had been omitted from section 93(1)(a)(i).
Provision of information in response to a notification that a pension sharing order or provision may be made
4
1
A person responsible for a pension arrangement shall furnish the information specified in paragraph (2) to the member or to the court, as the case may be —
a
within 21 days beginning with the date that the person responsible for the pension arrangement received the notification that a pension sharing order or provision may be made; or
b
if the court has specified a date which is outside the 21 days referred to in sub-paragraph (a), by that date.
2
The information referred to in paragraph (1) is —
a
the full name of the pension arrangement and address to which any order or provision referred to in section 28(1) of the 1999 Act (activation of pension sharing) should be sent;
b
in the case of an occupational pension scheme, whether the scheme is winding up, and, if so, —
i
the date on which the winding up commenced; and
ii
the name and address of the trustees who are dealing with the winding up;
c
in the case of an occupational pension scheme, whether a cash equivalent of the member’s pension rights, if calculated on the date the notification referred to in paragraph (1)(a) was received by the trustees or managers of that scheme, would be reduced in accordance with the provisions of regulation 8(4), (6) or (12) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 (further provisions as to reductions of cash equivalents);
d
whether the person responsible for the pension arrangement is aware that the member’s rights under the pension arrangement are subject to any, and if so, to specify which, of the following —
i
any order or provision specified in section 28(1) of the 1999 Act;
ii
an order under section 23 of the Matrimonial Causes Act 1973 (financial provision orders in connection with divorce etc.), so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provisions about pensions);
iii
an order under section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (powers in relation to pensions lump sums when making a capital sum order) which relates to benefits or future benefits to which the member is entitled under the pension arrangement;
iv
an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978 , so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in paragraph (2)(d)(ii));
v
a forfeiture order;
vi
a bankruptcy order;
vii
an award of sequestration on a member’s estate or the making of the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980 (appointment of judicial factor);
e
whether the member’s rights under the pension arrangement include rights specified in regulation 2 of the Valuation Regulations (rights under a pension arrangement which are not shareable);
f
if the person responsible for the pension arrangement has not at an earlier stage provided the following information, whether that person requires the charges specified in regulation 3 (charges recoverable in respect of the provision of basic information), 5 (charges in respect of pension sharing activity), or 6 (additional amounts recoverable in respect of pension sharing activity) of the Charging Regulations to be paid before the commencement of the implementation period, and if so, —
i
whether that person requires those charges to be paid in full; or
ii
the proportion of those charges which he requires to be paid;
g
whether the person responsible for the pension arrangement may levy additional charges specified in regulation 6 of the Charging Regulations, and if so, the scale of the additional charges which are likely to be made;
h
whether the member is a trustee of the pension arrangement;
i
whether the person responsible for the pension arrangement may request information about the member’s state of health from the member if a pension sharing order or provision were to be made;
j
whether the person responsible for the pension arrangement will enable the transferee to nominate a person to receive the pension credit benefit, including any lump sum which may be payable if the transferee should die before liability in respect of the pension credit has been discharged; and
k
whether the person responsible for the pension arrangement requires information additional to that specified in regulation 5 (information required by the person responsible for the pension arrangement before the implementation period may begin) in order to implement the pension sharing order or provision.
Information required by the person responsible for the pension arrangement before the implementation period may begin
5
The information prescribed for the purposes of section 34(1)(b) of the 1999 Act (information relating to the transferor and the transferee which the person responsible for the pension arrangement must receive) is —
a
in relation to the transferor —
i
all names by which the transferor has been known;
ii
date of birth;
iii
address;
iv
National Insurance number;
v
the name of the pension arrangement to which the pension sharing order or provision relates; and
vi
the transferor’s membership or policy number in that pension arrangement;
b
in relation to the transferee —
i
all names by which the transferee has been known;
ii
date of birth;
iii
address;
iv
National Insurance number; and
v
if the transferee is a member of the pension arrangement from which the pension credit is derived, his membership or policy number in that pension arrangement;
c
where the transferee has given his consent in accordance with paragraph 1(3)(c), 3(3)(c) or 4(2)(c) of Schedule 5 to the 1999 Act (mode of discharge of liability for a pension credit) to the payment of the pension credit to the person responsible for a qualifying arrangement —
i
the full name of that qualifying arrangement;
ii
its address;
iii
if known, the transferee’s membership number or policy number in that arrangement; and
iv
the name or title, business address, business telephone number, and, where available, the business facsimile number and electronic mail address of a person who may be contacted in respect of the discharge of liability for the pension credit;
d
where the rights from which the pension credit is derived are held in an occupational pension scheme which is being wound up, whether the transferee has given an indication whether he wishes to transfer his pension credit rights which may have been reduced in accordance with the provisions of regulation 16(1) of the Implementation and Discharge of Liability Regulations (adjustments to the amount of the pension credit — occupational pension schemes which are underfunded on the valuation day) to a qualifying arrangement; and
e
any information requested by the person responsible for the pension arrangement in accordance with regulation 4(2)(i) or (k).
Provision of information after the death of the person entitled to the pension credit before liability in respect of the pension credit has been discharged
6
1
Where the person entitled to the pension credit dies before the person responsible for the pension arrangement has discharged his liability in respect of the pension credit, the person responsible for the pension arrangement shall, within 21 days of the date of receipt of the notification of the death of the person entitled to the pension credit, notify in writing —
a
the person whom the person entitled to the pension credit nominated pursuant to regulation 4(2)(j) to receive pension credit benefit; and
b
any other person whom the person responsible for the pension arrangement considers should be notified,
of the matters specified in paragraph (2).
2
The matters specified in this paragraph are —
a
how the person responsible for the pension arrangement intends to discharge his liability in respect of the pension credit;
b
whether the person responsible for the pension arrangement intends to recover charges from the person nominated to receive pension credit benefits, in accordance with regulations 2 to 9 of the Charging Regulations, and if so, a copy of the schedule of charges issued to the parties to pension sharing in accordance with regulation 2(2)(b) of the Charging Regulations (general requirements as to charges); and
c
a list of any further information which the person responsible for the pension arrangement requires in order to discharge his liability in respect of the pension credit.
Provision of information after receiving a pension sharing order or provision
7
1
A person responsible for a pension arrangement who is in receipt of a pension sharing order or provision relating to that arrangement shall provide in writing to the transferor and transferee, or, where regulation 6(1) applies, to the person other than the person entitled to the pension credit referred to in regulation 6 of the Implementation and Discharge of Liability Regulations (discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit), as the case may be, —
a
a notice in accordance with the provisions of regulation 7(1) of the Charging Regulations (charges in respect of pension sharing activity — postponement of implementation period);
b
a list of information relating to the transferor or the transferee, or, where regulation 6(1) applies, the person other than the person entitled to the pension credit referred to in regulation 6 of the Implementation and Discharge of Liability Regulations, as the case may be, which —
i
has been requested in accordance with regulation 4(2)(i) and (k), or, where appropriate, 6(2)(c), or should have been provided in accordance with regulation 5;
ii
the person responsible for the pension arrangement considers he needs in order to begin to implement the pension sharing order or provision; and
iii
remains outstanding;
c
a notice of implementation; or
d
a statement by the person responsible for the pension arrangement explaining why he is unable to implement the pension sharing order or agreement.
2
The information specified in paragraph (1) shall be furnished in accordance with that paragraph within 21 days beginning with —
a
in the case of sub-paragraph (a), (b) or (d) of that paragraph, the day on which the person responsible for the pension arrangement receives the pension sharing order or provision; or
b
in the case of sub-paragraph (c) of that paragraph, the later of the days specified in section 34(1)(a) and (b) of the 1999 Act (implementation period).
Provision of information after the implementation of a pension sharing order or provision
8
1
The person responsible for the pension arrangement shall issue a notice of discharge of liability to the transferor and the transferee, or, as the case may be, the person entitled to the pension credit by virtue of regulation 6 of the Implementation and Discharge of Liability Regulations no later than the end of the period of 21 days beginning with the day on which the discharge of liability in respect of the pension credit is completed.
2
In the case of a transferor whose pension is not in payment, the notice of discharge of liability shall include the following details —
a
the value of the transferor’s accrued rights as determined by reference to the cash equivalent value of those rights calculated and verified in accordance with regulation 3 of the Valuation Regulations (calculation and verification of cash equivalents for the purposes of the creation of pension debits and credits);
b
the value of the pension debit;
c
any amount deducted from the value of the pension rights in accordance with regulation 9(2)(c) of the Charging Regulations (charges in respect of pension sharing activity — method of recovery);
d
the value of the transferor’s rights after the amounts referred to in sub-paragraphs (b) and (c) have been deducted; and
e
the transfer day.
3
In the case of a transferor whose pension is in payment, the notice of discharge of liability shall include the following details —
a
the value of the transferor’s benefits under the pension arrangement as determined by reference to the cash equivalent value of those rights calculated and verified in accordance with regulation 3 of the Valuation Regulations;
b
the value of the pension debit;
c
the amount of the pension which was in payment before liability in respect of the pension credit was discharged;
d
the amount of pension which is payable following the deduction of the pension debit from the transferor’s pension benefits;
e
the transfer day;
f
if the person responsible for the pension arrangement intends to recover charges, the amount of any unpaid charges —
i
not prohibited by regulation 2 of the Charging Regulations (general requirements as to charges); and
ii
specified in regulations 3 and 6 of those Regulations;
g
how the person responsible for the pension arrangement will recover the charges referred to in sub-paragraph (f), including —
i
whether the method of recovery specified in regulation 9(2)(d) of the Charging Regulations will be used;
ii
the date when payment of those charges in whole or in part is required; and
iii
the sum which will be payable by the transferor, or which will be deducted from his pension benefits, on that date.
4
In the case of a transferee —
a
whose pension is not in payment; and
b
who will become a member of the pension arrangement from which the pension credit rights were derived,
the notice of discharge of liability to the transferee shall include the following details —
i
the value of the pension credit;
ii
any amount deducted from the value of the pension credit in accordance with regulation 9(2)(b) of the Charging Regulations;
iii
the value of the pension credit after the amount referred to in sub-paragraph (b)(ii) has been deducted;
iv
the transfer day;
v
any periodical charges the person responsible for the pension arrangement intends to make, including how and when those charges will be recovered from the transferee; and
vi
information concerning membership of the pension arrangement which is relevant to the transferee as a pension credit member.
5
In the case of a transferee who is transferring his pension credit rights out of the pension arrangement from which those rights were derived, the notice of discharge of liability to the transferee shall include the following details —
a
the value of the pension credit;
b
any amount deducted from the value of the pension credit in accordance with regulation 9(2)(b) of the Charging Regulations;
c
the value of the pension credit after the amount referred to in sub-paragraph (b) has been deducted;
d
the transfer day; and
e
details of the pension arrangement, including its name, address, reference number, telephone number, and, where available, the business facsimile number and electronic mail address, to which the pension credit has been transferred.
6
In the case of a transferee, who has reached normal benefit age on the transfer day, and in respect of whose pension credit liability has been discharged in accordance with paragraph 1(2), 2(2), 3(2) or 4(4) of Schedule 5 to the 1999 Act (pension credits: mode of discharge — funded pension schemes, unfunded public service pension schemes, other unfunded pension schemes, or other pension arrangements), the notice of discharge of liability to the transferee shall include the following details —
a
the amount of pension credit benefit which is to be paid to the transferee;
b
the date when the pension credit benefit is to be paid to the transferee;
c
the transfer day;
d
if the person responsible for the pension arrangement intends to recover charges, the amount of any unpaid charges —
i
not prohibited by regulation 2 of the Charging Regulations; and
ii
specified in regulations 3 and 6 of those Regulations; and
e
how the person responsible for the pension arrangement will recover the charges referred to in sub-paragraph (d), including —
i
whether the method of recovery specified in regulation 9(2)(e) of the Charging Regulations will be used;
ii
the date when payment of those charges in whole or in part is required; and
iii
the sum which will be payable by the transferee, or which will be deducted from his pension credit benefits, on that date.
7
In the case of a person entitled to the pension credit by virtue of regulation 6 of the Implementation and Discharge of Liability Regulations, the notice of discharge of liability shall include the following details —
a
the value of the pension credit rights as determined in accordance with regulation 10 of the Implementation and Discharge of Liability Regulations (calculation of the value of appropriate rights);
b
any amount deducted from the value of the pension credit in accordance with regulation 9(2)(b) of the Charging Regulations;
c
the value of the pension credit;
d
the transfer day; and
e
any periodical charges the person responsible for the pension arrangement intends to make, including how and when those charges will be recovered from the payments made to the person entitled to the pension credit by virtue of regulation 6 of the Implementation and Discharge of Liability Regulations.
Penalties
9
Where any trustee or manager of an occupational pension scheme fails, without reasonable excuse, to comply with any requirement imposed under regulation 6, 7 or 8, the Regulatory Authority may require that trustee or manager to pay within 28 days from the date of its imposition, a penalty which shall not exceed —
a
£200 in the case of an individual, and
b
£1,000 in any other case.
Provision of information after receipt of an earmarking order
10
1
The person responsible for the pension arrangement shall, within 21 days beginning with the day that he receives —
a
an order under section 23 of the Matrimonial Causes Act 1973, so far as it includes provision made by virtue of section 25B or 25C of that Act (powers to include provision about pensions);
b
an order under section 12A(2) or (3) of the Family Law (Scotland) Act 1985; or
c
an order under Article 25 of the Matrimonial Causes (Northern Ireland) Order 1978, so far as it includes provision made by virtue of Article 27B or 27C of that Order (Northern Ireland powers corresponding to those mentioned in sub-paragraph (a)),
issue to the party with pension rights and the other party a notice which includes the information specified in paragraphs (2) and (5), or (3), (4) and (5), as the case may be.
2
Where an order referred to in paragraph (1)(a), (b) or (c) is made in respect of the pension rights or benefits of a party with pension rights whose pension is not in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include a list of the circumstances in respect of any changes of which the party with pension rights or the other party must notify the person responsible for the pension arrangement.
3
Where an order referred to in paragraph (1)(a) or (c) is made in respect of the pension rights or benefits of a party with pension rights whose pension is in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include —
a
the value of the pension rights or benefits of the party with pension rights;
b
the amount of the pension of the party with pension rights after the order has been implemented;
c
the first date when a payment pursuant to the order is to be made; and
d
a list of the circumstances, in respect of any changes of which the party with pension rights or the other party must notify the person responsible for the pension arrangement.
4
Where an order referred to in paragraph (1)(a) or (c) is made in respect of the pension rights of a party with pension rights whose pension is in payment, the notice issued by the person responsible for a pension arrangement to the party with pension rights shall, in addition to the items specified in paragraph (3), include —
a
the amount of the pension of the party with pension rights which is currently in payment; and
b
the amount of pension which will be payable to the party with pension rights after the order has been implemented.
5
Where an order referred to in paragraph (1)(a), (b) or (c) is made the notice issued by the person responsible for a pension arrangement to the party with pension rights and the other party shall include —
a
the amount of any charges which remain unpaid by —
i
the party with pension rights; or
ii
the other party,
in respect of the provision by the person responsible for the pension arrangement of information about pensions and divorce pursuant to regulation 3 of the Charging Regulations, and in respect of complying with an order referred to in paragraph (1)(a), (b) or (c); and
b
information as to the manner in which the person responsible for the pension arrangement will recover the charges referred to in sub-paragraph (a), including —
i
the date when payment of those charges in whole or in part is required;
ii
the sum which will be payable by the party with pension rights or the other party, as the case may be; and
iii
whether the sum will be deducted from payments of pension to the party with pension rights, or, as the case may be, from payments to be made to the other party pursuant to an order referred to in paragraph (1)(a), (b) or (c).
Signed by authority of the Secretary of State for Social Security
Jeff Rooker
Minister of State,
Department of Social Security
13th April 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hillingdon Primary Care Trust (Establishment) Order 2000 and shall come into force on 11th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Hillingdon Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Hillingdon Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
4 persons nominated by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Hillingdon Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Hillingdon Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the authority; and
b
officers of the authority.
4
The Harrow and Hillingdon Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
1st February 2000


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 2000 and shall come into force on 22nd March 2000.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
The following provisions shall continue in force for a period of twelve months beginning with 22nd March 2000–
a
Parts I, III , IV , IVA, IVB and V and section 27(6)(c) of the 1989 Act , except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 30 of the Northern Ireland (Emergency Provisions) Act 1996 or offences or orders under that section; and
b
section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 so far as that section extends to England and Wales and Scotland.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
21st March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Waltham Forest) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Waltham Forest specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th May 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No. 6) Order 2000.
2
In this Order “the 1998 Act ” means the Teaching and Higher Education Act 1998.
Provisions coming into force
2
The following provisions of the 1998 Act shall come into force on 5th April 2000:
section 3(3)(d) for the purposes of making regulations under that paragraph;
section 3(4) for the purposes of making regulations under that subsection;
section 4;
section 5;
section 7(1) to (4);
section 11;
section 12; and
section 14(3).
3
The following provisions of the 1998 Act shall come into force on 1st September 2000:
section 1(1) in so far as it is not already in force;
section 2(1) to (3) and (5) to (7);
section 3(1), (2) and (3)(a) to (c);
section 3(3)(d) and (4) for remaining purposes;
section 7(5);
section 9;
section 10;
section 13;
section 14(1), (2), (4) and (5);
section 44(1) to the extent that it relates to the provisions of Schedule specified below;
in Schedule 3 —
paragraph 1;
paragraph 2; and
paragraph 3.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
3rd April 2000


text:
Title, commencement and extent
1
This Order may be cited as the Food (Animal Products from Belgium) (Emergency Control) (Revocation) (England and Wales) Order 2000, shall come into force on 12th May 2000 and shall extend to England and Wales.
Revocation
2
The Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Grants from Structural Funds) Regulations 2000 and shall come into force on 1st April 2000.
Amendments
2
1
The Local Government and Housing Act 1989 shall be amended as follows.
2
In section 42(2)(g), after “excluding grants from a Community institution ” insert “other than contributions from any of the Structural Funds”.
3
In section 62(5), after “excluding expenditure which is to be re-imbursed or met out of grants from a Community institution” insert “other than contributions from any of the Structural Funds”.
4
In section 63(4), for “by way of grant from a Community institution towards the authority’s expenditure on capital purposes,” substitute “ towards the authority’s expenditure on capital purposes by way of grant from a Community institution other than a contribution from any of the Structural Funds,”.
5
In section 66(1), omit “and” at the end of paragraph (c) and at the end of paragraph (d) insert “and (e) “Structural Funds” has the same meaning as in Article 2(1) of Council Regulation ( EC ) No. 1260/1999 . ” .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of Environment, Transport and the Regions
6th March 2000


text:
Citation and commencement
1
1
This Order may be cited as the South of England Virtual Education Action Zone (No. 2) Order 2000.
2
Articles 1 and 3 of this Order shall come into force on 29th February 2000 and all other articles thereof shall come into force on 3rd April 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Revocation
3
The South of England Virtual Education Action Zone Order 2000 is hereby revoked.
Constitution of education action zone
4
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the South of England Virtual Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
5
There shall be an Education Action forum for the zone to be known as the South of England Virtual Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
6
The Forum may at any time appoint up to 2 additional members from each of the following groups —
a
persons working for businesses which have supported the zone or expressed an interest in so doing;
b
parents of children who are registered pupils at zone schools; and
c
persons with expertise in higher education.
Disqualification for membership of the Forum
7
Articles 8 to 10 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
8
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
9
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
10
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Removal from office by Forum
11
1
A member of the Forum may be removed from office by the Forum in the following circumstances:
a
in the case of a member appointed pursuant to article 5(a), if the school whose governing body appointed that member closes;
b
in the case of a member appointed pursuant to article 5(c) by a partner which is a company, if the company in question is dissolved;
c
in the case of a member appointed pursuant to article 6(a), if that member ceases to work for the business in question, or if the business in question ceases to exist.
2
In the case of a member appointed pursuant to article 6(b), if that member ceases to be a parent of a registered pupil.
Chairman’s tenure of office
12
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State
Department for Education and Employment
21st February 2000


text:
PART I
Introduction
Title and commencement
1
These Regulations may be cited as the Slaughter Premium Regulations 2000 and shall come into force on 29th December 2000.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised person” means a person who is authorised by an authorising body, either generally or specially, to act, subject to regulation 27, in matters arising under these Regulations, whether or not he is an officer of that authorising body;
“authorising body”, in relation to an authorised person, means the Minister or the Board, as the case may be;
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“bovine animal” means an animal of the domestic bovine species;
“cattle passport” means, in relation to a premium animal —
to which the Cattle Passports Order 1996 applied, a cattle passport as defined in article 2(2) of that Order;
to which Article 6(1) of Council Regulation 820/97 applied, a valid cattle passport issued pursuant to that Article; and
to which Article 6(1) of Regulation 1760/2000 applies, a valid cattle passport issued pursuant to that Article;
“claim” means a claim for slaughter premium;
“claimant” means a producer who submits a claim;
“claimant’s document” means any of the following documents or records, whether in writing or kept by means of a computer —
any cattle passport or other approved identification;
any national administrative document, as defined in regulation 2(1) of the Beef Special Premium Regulations 1996 ;
any register kept in compliance with Article 7(1) and (4) of Regulation 1760/2000;
any record made under article 5 of the Bovine Animals (Records, Identification and Movement) Order 1995 ;
any record made under article 9 of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ; and
any book, register (other than a register referred to in sub-paragraph (c) of this definition), bill, invoice, account, receipt, certificate, voucher, correspondence or other document or record relating to a bovine animal;
“ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“ Commission Regulation 2342/1999 ” means Commission Regulation ( EC ) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes (as amended by Commission Regulation (EC) No. 1042/2000 and Commission Regulation (EC) No. 1900/2000 );
“the Community rules” means the rules concerning slaughter premium laid down in Articles 11, 21 and 23 of Council Regulation 1254/1999 and Chapter V of Commission Regulation 2342/1999 and the rules concerning the content of claims laid down in Article 5 of, and reduction of Community aid laid down in Articles 10, 10b, 10c and 10d of, Commission Regulation 3887/92;
“Council Regulation 820/97” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products ;
“Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“eartag number” means —
the number on an eartag attached to a bovine animal as the approved identification required by article 4(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990, or
an eartag number as defined in article 2(1) of the Bovine Animals (Records, Identification and Movement) Order 1995, or
the unique identification code referred to in Article 4(1) of Regulation 1760/2000,
as the case may be;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“holding” means all the production units managed by a producer situated within the United Kingdom;
“the IACS Regulations ” means the Integrated Administration and Control System Regulations 1993 ;
“kill number” means the number, unique to each premium animal, assigned at a slaughterhouse to the slaughter of that animal;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“officer” means a director, manager, secretary or other similar officer of a claimant or a slaughterhouse operator which is a body corporate, or any person who purports to act in any such capacity;
“other approved identification” means approved identification required by article 4(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 other than an eartag number;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree and “overgrazed” shall be construed accordingly;
“premium adult animal” means a bovine animal at least eight months old at the time of its slaughter in respect of which a claim has been or will be submitted, other than a premium older animal;
“premium animal” means a premium adult animal, a premium calf and a premium older animal;
“premium calf” means a bovine animal at least one, but less than seven, months old at the time of its slaughter and with carcase weight of less than 160 kilograms, in respect of which a claim has been or will be submitted;
“premium older animal” means a bovine animal in respect of which a claim has been or will be submitted which is slaughtered on the day after it attains the age of thirty months, or later;
“producer” has the same meaning as in Chapter 1 of Title I of Council Regulation 1254/1999;
“register”, used as a verb, means register a slaughterhouse pursuant to regulation 14 and “registered” and “registration” shall be interpreted accordingly;
“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and requiring the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 ;
“relevant competent authority” has the same meaning as in the IACS Regulations;
“retention period” means the minimum period, referred to in Article 37 of Commission Regulation 2342/1999, for which a claimant must hold a premium animal, which is —
one month in the case of a premium calf less than three months old at the time of its slaughter, and
two months in the case of any other premium animal;
“slaughter premium” means a premium granted pursuant to Article 11 of Council Regulation 1254/1999 to a producer keeping bovine animals on his holding, on the slaughter of a bovine animal;
“slaughterhouse document” means any book, register, bill, invoice, account, receipt, voucher, correspondence or other document or record relating to the business or operation of a slaughterhouse or to any premium animal slaughtered or delivered for slaughter there, whether in writing or kept by means of a computer, and includes the record of eartag numbers, kill numbers and dates of slaughter referred to in paragraph 1 of the Schedule;
“slaughterhouse operator” means a person carrying on the business of a slaughterhouse or the duly authorised representative of such a person;
“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92; and
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of land by livestock or excessive rutting by vehicles.
2
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
4
Any reference in these Regulations to a numbered regulation or Part (with no accompanying reference to a specific instrument) is a reference to the regulation or Part so numbered in these Regulations and any reference to the Schedule is a reference to the Schedule to these Regulations.
PART II
Conditions for payment of slaughter premium
Application of regulations 4 to 11 and 20 (where relating to Part II)
3
Regulations 4 to 11, and (in so far as it relates to notices served under regulation 8(1) or (3)) regulation 20, apply to claimants and occupiers of land to the extent that the Minister is the relevant competent authority in relation to their holdings for the purposes of the IACS Regulations.
Claims for slaughter premium
4
1
A claim in respect of a premium calf and a claim in respect of a premium adult animal shall be submitted to the Minister and each shall be in such form and shall contain, in addition to the information required by the Community rules, such particulars, and shall be accompanied by such documents, as the Minister may reasonably require.
2
A claim in respect of a premium calf at least five months old at the time of its slaughter shall be accompanied by the written record relating to its slaughter referred to in paragraph 5 of the Schedule.
3
A claim in respect of a premium older animal shall be submitted to the Board and shall be in such form and shall contain, in addition to the information required by the Community rules, such particulars, and shall be accompanied by such documents, as the Board may reasonably require.
4
A claim submitted pursuant to paragraph (1) or (3) may be in respect of any number of premium calves, premium adult animals or premium older animals, as the case may be.
Period for submitting claims
5
A claim shall be submitted to the Minister or the Board, as the case may be, within a period commencing with the day after the end of the retention period for the premium animal in respect of which the claim is submitted and expiring —
a
six months later, or
b
at the end of February in the calendar year following that in which that premium animal was slaughtered,whichever is the sooner.
Limit on number of claims
6
A claimant shall not be entitled to submit more than —
a
twelve claims in respect of premium calves, and
b
twelve claims in respect of premium adult animals, and
c
twelve claims in respect of premium older animals,
slaughtered in any one calendar year.
Slaughter in registered slaughterhouses
7
1
No claimant shall be granted a slaughter premium on the slaughter of a premium animal unless the conditions specified in paragraph (2) have been satisfied.
2
The conditions referred to in paragraph (1) are —
a
that, in the case of the slaughter of a premium animal other than a premium calf, it has been slaughtered in a slaughterhouse registered for the slaughter of premium animals other than premium calves by the Board —
i
pursuant to regulation 14; or
ii
pursuant to any enactment conferring a corresponding power of registration in relation to slaughterhouses in Scotland, Wales or Northern Ireland in terms which are in substance identical to those contained in regulations 13 to 19 and the Schedule;
and
that, in the case of the slaughter of a premium calf, it has been slaughtered in a slaughterhouse registered for the slaughter of premium calves by the Board —
pursuant to regulation 14; or
pursuant to any enactment conferring a corresponding power of registration in relation to slaughterhouses in Scotland, Wales or Northern Ireland in terms which are in substance identical to those contained in regulations 13 to 19 and the Schedule.
Overgrazing
8
1
Subject to paragraph (2), where the Minister forms the opinion that any parcel of land is being overgrazed, he may serve on the occupier a written notice specifying the maximum number of animals which may be grazed and maintained on that parcel in the following calendar year.
2
The maximum number referred to in paragraph (1) shall be determined having regard to such conditions as may be specified in the notice.
3
Where the Minister has previously served a notice under paragraph (1) or any of the provisions specified in paragraph (5) in relation to a parcel of land, he may serve a further notice under paragraph (1) in relation thereto without having formed the opinion that it is being overgrazed.
4
Where the Minister has served a notice in relation to a parcel of land under paragraph (1) or (3), or any of the provisions specified in paragraph (5), he or the Board, as the case may be, shall withhold, or, where it has already been paid, recover any slaughter premium payable or paid on such number of premium animals grazed and maintained there in the calendar year in respect of which that notice was issued as, when added to the number of other animals (including other premium animals) grazed and maintained there in that year, results in the maximum number of animals specified in the notice being exceeded.
5
The provisions referred to in paragraphs (3) and (4) are —
a
regulation 11 of the Beef Special Premium Scheme Regulations 1996;
b
regulation 3A of the Suckler Cow Premium Regulations 1993 ; and
c
regulation 3A of the Sheep Annual Premium Regulations 1992 .
6
The Minister or the Board, as the case may be, may withhold or recover slaughter premium where he or it is satisfied that any other condition in the notice has been breached.
Unsuitable supplementary feeding methods
9
1
Where, in any calendar year, a claimant uses unsuitable supplementary feeding methods, the Minister or the Board, as the case may be, may —
a
in accordance with paragraph (2), reduce or withhold the amount of slaughter premium otherwise payable to him; or
b
where slaughter premium has already been paid to him, recover any slaughter premium so paid;
in respect of premium animals slaughtered in that year.
2
Where the claimant was not penalised for using unsuitable supplementary feeding methods under paragraph (1) nor under any of the provisions specified in paragraph (3) in the preceding calendar year, the amount of slaughter premium referred to in paragraph (1) may be reduced by ten per cent; where the claimant was so penalised in the preceding calendar year, but not in the calendar year before that, that amount may be reduced by twenty per cent; and where the claimant was so penalised in each of the two preceding calendar years that amount may be withheld.
3
The provisions referred to in paragraph (2) are —
a
regulation 12 of the Beef Special Premium Scheme Regulations 1996;
b
regulation 3B of the Suckler Cow Premium Regulations 1993; and
c
regulation 3B of the Sheep Annual Premium Regulations 1992.
Withholding and recovery of slaughter premium
10
The Minister or the Board may withhold, or recover on demand, the whole or any part of any slaughter premium claimed from or granted by him or it in any of the following circumstances —
a
where the grant of a slaughter premium to the claimant in question would not, or does not, comply with the Community rules;
b
where, at any time between the submission of the claim in respect thereof and its slaughter, a premium animal was not —
i
subject to an approved identification as required by article 4(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990; or
ii
identified with an eartag in accordance with article 8 or 9 of the Bovine Animals (Records, Identification and Movement) Order 1995; or
iii
registered in accordance with regulation 5 of the Cattle (Registration of Older Animals) Regulations 2000 ; or
iv
identified and registered in accordance with Council Regulation 820/97 and Commission Regulation (EC) No. 2629/97 laying down detailed rules for the implementation of Council Regulation (EC) No. 820/97 as regards eartags, holding registers and passports in the framework of the system for the identification and registration of bovine animals ; or
v
identified and registered in accordance with Regulation 1760/2000;
c
where the conditions specified in regulation 7(2) have not been satisfied;
d
where the claimant in question, or an officer, employee, servant or agent of that claimant, intentionally obstructs an authorised person, or a person accompanying an authorised person and acting under his instructions, from exercising any power conferred by regulation 24 or 25, or fails without reasonable excuse to comply with a requirement made by an authorised person under regulation 25, or with a request made by an authorised person under regulation 26; and
e
where the claimant has, for the purpose of obtaining for himself or any other person the grant of slaughter premium, knowingly or recklessly made a statement or furnished any information which is false or misleading in a material particular.
Rate of interest
11
Where the Minister or the Board recovers the whole or any part of any slaughter premium pursuant to regulation 10, unless the sum recovered was paid as a result of his or its own error, he or it shall be entitled in addition to charge and recover on demand interest on the sum recovered at the rate of one per cent above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period from payment to recovery.
PART III
Registration of slaughterhouses
Application of regulations 13 to 19 and 20 (where relating to Part III)
12
Regulations 13 to 19, and (in so far as it relates to notices served under regulation 15 or 17) regulation 20, apply to slaughterhouses in England.
Application for registration
13
1
A slaughterhouse operator may apply to the Board to register a slaughterhouse for the slaughter of premium animals other than premium calves, or premium calves, or both.
2
An application under paragraph (1) shall —
a
be in writing;
b
be in the English language;
c
be signed by or on behalf of the slaughterhouse operator;
d
contain the name, or business name, and address of the slaughterhouse operator;
e
identify the slaughterhouse to which the application relates;
f
indicate the premium animals for the slaughter of which registration is sought;
g
contain an undertaking that —
i
if and for as long as the slaughterhouse is registered for the slaughter of premium animals other than premium calves, the conditions set out in Part I of the Schedule will be complied with; and
ii
if and for as long as the slaughterhouse is registered for the slaughter of premium calves, the conditions set out in Parts I and II of the Schedule will be complied with.
Registration of slaughterhouses
14
Where an application complying with regulation 13(2) is submitted under regulation 13(1), the Board shall register the slaughterhouse identified in it for the slaughter of the premium animals indicated in accordance with regulation 13(2)(f) by entering the slaughterhouse, together with a note of the premium animals so indicated, on a list, which the Board shall maintain, of slaughterhouses so registered.
Breach of conditions of registration
15
If the Board is not satisfied that the conditions set out in Part I of the Schedule are being complied with at a registered slaughterhouse, or that the conditions set out in Part II of the Schedule are being complied with at a slaughterhouse registered for the slaughter of premium calves, it may serve on the slaughterhouse operator a written notice —
a
stating that it proposes to cancel the registration of the slaughterhouse because it is not satisfied that the conditions set out in the Schedule are being complied with there;
b
specifying the conditions in relation to which the Board is not satisfied, the action the slaughterhouse operator is required to take to comply with them, and a reasonable time of at least two weeks within which the slaughterhouse operator must take such action; and
c
stating that, if it is not satisfied, at the expiry of that reasonable time, that the required action has been taken, the registration of the slaughterhouse will be cancelled.
Cancellation of registration
16
The Board may, in accordance with the procedure in regulation 17, cancel the registration of a slaughterhouse —
a
if the Board has served a written notice on the slaughterhouse operator pursuant to regulation 15 and is still not satisfied, at the expiry of the reasonable time referred to in regulation 15(b), that the conditions specified in the notice are being complied with; or
b
if the slaughterhouse operator, or any officer, employee, servant or agent of the slaughterhouse operator, is convicted of an offence in relation to any claim.
Cancellation procedure
17
1
The Board shall cancel the registration of a slaughterhouse by serving a notice of cancellation pursuant to paragraph (2) and deleting the slaughterhouse from the list maintained by the Board under regulation 14.
2
A notice of cancellation under paragraph (1) shall be served on the slaughterhouse operator and shall state that —
a
the registration of the slaughterhouse for the slaughter of premium animals has been cancelled, and
b
no slaughter premium will be granted on the slaughter of any bovine animal slaughtered at the slaughterhouse unless and until such time as the slaughterhouse is registered again.
Display of notice of cancellation
18
Where the registration of a slaughterhouse has been cancelled pursuant to regulation 16, the slaughterhouse operator shall permit an authorised person to affix a copy of the notice of cancellation there in a conspicuous position easily visible to all persons delivering animals to the slaughterhouse and shall maintain it in that position in a clearly legible condition until the expiry of one year from the date of cancellation or until the slaughterhouse is registered again, whichever shall be the sooner.
Registration following cancellation
19
1
If the registration of a slaughterhouse has been cancelled pursuant to regulation 16, the Board shall not register it again unless the Board is satisfied that the conditions set out in Part I and, if the slaughterhouse operator is applying to register the slaughterhouse for the slaughter of premium calves, Part II, of the Schedule will be complied with there.
2
Subject in any case to paragraph (1), if the registration of a slaughterhouse has been cancelled pursuant to regulation 16(b), the Board may refuse to register it again until the expiry of such period, not exceeding six months from the date of cancellation, as the Board considers reasonable in the circumstances of the case.
PART IV
Notices
Service of notices
20
Any notice required to be served on an occupier of a parcel of land pursuant to regulation 8(1) or (3) or on a slaughterhouse operator pursuant to regulation 15 or regulation 17 may be served —
a
by delivering it to him;
b
by leaving it at his usual or last known place of abode or business, or, if he has given an address for service, at that address;
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to him at his usual or last-known place of abode or business or, if he has given an address for service, at that address; or
d
in the case of a body corporate, by delivering it to the secretary or clerk of the body corporate at its registered or principal office, or by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of that body corporate at that office.
PART V
Enforcement
Application of regulations 22 to 31
21
Regulations 22 to 31 apply —
a
in so far as they relate to claimants, to the extent that the Minister is the relevant competent authority in relation to their holdings for the purposes of the IACS Regulations; and
b
in so far as they relate to slaughterhouses, in relation to slaughterhouses in England.
Retention of records
22
A claimant shall retain any book, register (other than a register kept in compliance with Article 7(1) and (4) of Regulation 1760/2000), bill, invoice, account, receipt, certificate, voucher, correspondence or other document or record relating to a premium animal in respect of which he has submitted a claim for a period of four years from the date on which the claim was submitted.
Exercise of powers by authorised persons
23
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers conferred by regulations 24 and 25 for the purposes of —
a
carrying out any specified control measure; or
b
ascertaining whether an offence under regulation 28 has been or is being committed; or
c
ensuring that slaughter premium has been or will be granted only in accordance with —
i
the Community rules; and
ii
the requirements of regulations 8 and 9.
Powers of entry and inspection
24
1
An authorised person may enter any land, other than land used only as a dwelling, which is, or which he reasonably believes to be —
a
occupied by a claimant or used by him for keeping bovine animals; or
b
used for, or in connection with, a slaughterhouse.
2
An authorised person who has entered any land by virtue of this regulation may —
a
inspect and verify the area of the land or any part thereof;
b
inspect any building, structure or equipment, including weighing equipment, on the land;
c
inspect and count any bovine animals on the land and read their eartags or other identification marks;
d
inspect any carcass, or part of a carcass, of any bovine animal on the land;
e
carry out any other activity which is a specified control measure; and
f
inspect the land for the purpose of determining whether it has been overgrazed or whether unsuitable supplementary feeding methods have been used on it.
3
An authorised person entering land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
Powers in relation to documents
25
An authorised person may —
a
require a claimant or any officer, employee, servant or agent of a claimant to produce any claimant’s document in his possession or under his control and to supply such additional information in that person’s possession or under his control relating to a claim as the authorised person may reasonably request;
b
require a slaughterhouse operator or any officer, employee, servant or agent of a slaughterhouse operator to produce any slaughterhouse document in his possession or under his control and to supply such additional information in that person’s possession or under his control relating to the business or operation of a slaughterhouse or to any bovine animal slaughtered or delivered for slaughter there as the authorised person may reasonably request;
c
examine any claimant’s document referred to in sub-paragraph (a), or any slaughterhouse document referred to in sub-paragraph (b), and, where it is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that claimant’s document, or slaughterhouse document, as the case may be;
d
make such copies of any claimant’s document referred to in sub-paragraph (a), or any slaughterhouse document referred to in sub-paragraph (b), as he may think fit; and
e
seize and retain any claimant’s document referred to in sub-paragraph (a), or any slaughterhouse document referred to in sub-paragraph (b), which he has reason to believe may be required as evidence in proceedings in relation to a claim and, where any such claimant’s document or slaughterhouse document is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
26
A claimant, a slaughterhouse operator, any officer, employee, servant or agent of a claimant or a slaughterhouse operator and any person in charge of animals on land entered pursuant to regulation 24 shall render an authorised person such assistance as he may reasonably request so as to enable him to exercise any power conferred by regulation 24 or 25 and in particular, in relation to any bovine animal, shall arrange for the penning and securing of such animal if so requested.
Limits on powers of authorised persons
27
An authorised person authorised by the Board may exercise the powers conferred by regulations 24 and 25, and act otherwise in matters arising under these Regulations, only where matters arise —
a
in relation to premium older animals, under Part II; or
b
under Part III.
Offences
28
It shall be an offence for a person —
a
without reasonable excuse to fail to comply with regulation 22;
b
where the registration of a slaughterhouse for the slaughter of premium animals has been cancelled, without reasonable excuse —
i
to fail to permit an authorised person to affix a copy of the notice of cancellation there in a conspicuous position easily visible to all persons delivering animals to the slaughterhouse; or
ii
to fail to maintain such copy of the notice of cancellation in that position in a clearly legible condition until the expiry of one year from the date of cancellation, or until the slaughterhouse is registered again, whichever shall be the sooner, or to alter or deface it;
c
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 24 or 25;
d
without reasonable excuse, to fail to comply with a requirement made under regulation 25 or a request made under regulation 26; or
e
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purpose of obtaining for himself or any other person the grant of a slaughter premium.
Penalties
29
1
A person guilty of an offence under regulation 28(a), (b), (c) or (d) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 28(e) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
30
1
Proceedings for an offence under regulation 28 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
31
1
Where a body corporate is guilty of an offence under regulation 28, and that offence 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 body corporate he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “officer”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
24th November 2000