text:
Citation, commencement and extent
1
1
These Regulations may be cited as the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 and shall come into force on the day after the day on which they are laid before Parliament.
2
These Regulations shall extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Competition Act 1998 ;
“the court” means —
in England and Wales, the High Court;
in Scotland, the Court of Session; and
in Northern Ireland, the High Court;
“ the Director ” means the Director General of Fair Trading;
“document” includes information recorded in any form;
“information” includes estimates and forecasts;
“investigating officer” has the meaning given in regulation 13(1);
“officer”, in relation to a body corporate, includes a director, manager or secretary and, in relation to a partnership in Scotland, includes a partner;
“person”, in addition to the meaning given by the Interpretation Act 1978 , includes any undertaking;
“premises” does not include domestic premises unless —
they are also used in connection with the affairs of an undertaking, or
documents relating to the affairs of an undertaking are kept there,
but does include any vehicle;
“President” means the person appointed under paragraph 4 of Schedule 7 to the Act;
“the 1996 Regulations ” means the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996 ;
“tribunal” means an appeal tribunal established in accordance with the provisions of Part III of Schedule 7 to the Act; and
“tribunal rules” means the rules made in accordance with section 48(2) of the Act.
2
References in these Regulations to Articles are references to Articles of the treaty establishing the European Community .
3
Any provision of these Regulations which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a decision by an association of undertakings or a concerted practice (but with any necessary modifications).
4
Paragraph (3) above does not apply where the context otherwise requires.
5
For the purposes of these Regulations, the power to require information, in relation to information recorded otherwise than in a legible form, includes power to require a copy of it in a legible form.
6
Any power conferred on the Director by these Regulations to require information includes the power to require any document which he believes may contain that information.
Commencement of investigations by the Director
3
1
If it appears to the Director that the United Kingdom might have a duty under Article 84 to rule on the question —
a
whether or not there is or has been in existence an agreement which infringes or has infringed the prohibition in Article 81(1), or
b
whether or not conduct constitutes an infringement of the prohibition in Article 82,
he may commence an investigation under these Regulations.
2
The Director may conclude that the United Kingdom might have such a duty if —
a
there are reasonable grounds for suspecting that there is or has been in existence an agreement which may infringe the prohibition in Article 81(1),
b
there are reasonable grounds for suspecting that the prohibition in Article 82 has been infringed,
c
a party to an agreement applies for an agreement to be considered under regulation 7, or
d
a person applies for conduct to be considered under regulation 10.
Exemptions
4
1
The Director may grant an exemption from the prohibition in Article 81(1) with respect to a particular agreement if —
a
a request for an exemption has been made to him under regulation 7 by a party to the agreement; and
b
the conditions for application of Article 81(3) are met.
2
The exemption —
a
may be granted subject to such conditions or obligations as the Director considers it appropriate to impose; and
b
has effect for such period as the Director considers appropriate.
3
That period must be specified in the grant of the exemption.
4
On an application in accordance with the rules set out in Schedule 1, the Director may, in accordance with those rules, extend the period for which an exemption has effect.
Cancellation etc. of exemptions
5
1
If the Director has reasonable grounds for believing that there has been a material change of circumstance since he granted an exemption, he may by notice in writing —
a
cancel the exemption;
b
vary or remove any condition or obligation; or
c
impose one or more additional conditions or obligations.
2
If the Director has a reasonable suspicion that the information on which he based his decision to grant an exemption was incomplete, false or misleading in a material particular, he may by notice in writing take any of the steps mentioned in paragraph (1).
3
Breach of a condition has the effect of cancelling the exemption.
4
Failure to comply with an obligation allows the Director, by notice in writing, to take any of the steps mentioned in paragraph (1).
5
Any step taken by the Director under paragraph (1), (2) or (4) has effect from such time as may be specified in the notice.
6
If an exemption is cancelled under paragraph (2) or (4), the date specified in the notice cancelling it may be earlier than the date on which the notice is given.
7
The Director may act under paragraph (1), (2) or (4) on his own initiative or on a complaint made by any person.
Notification in relation to agreements
6
1
Regulation 7 provides for an agreement to be examined by the Director on the application of a party to the agreement who thinks that it may infringe the prohibition in Article 81(1).
2
Schedule 1 provides for the procedure to be followed —
a
by any person making such an application; and
b
by the Director, in considering such an application.
Notification for a decision in relation to agreements
7
1
A party to an agreement who applies for the agreement to be examined under this regulation must —
a
notify the Director of the agreement; and
b
apply to him for a decision.
2
On an application under this regulation, the Director may make a decision as to whether the prohibition in Article 81(1) has been infringed.
3
If an agreement is notified to the Director under this regulation, the application may include a request for the agreement to which it relates to be granted an exemption.
Effect of a decision that the prohibition in Article 81(1) has not been infringed
8
1
This regulation applies to an agreement if the Director has determined an application under regulation 7 by making a decision that the agreement has not infringed the prohibition in Article 81(1).
2
The Director is to take no further action under these Regulations with respect to the agreement unless —
a
he has reasonable grounds for believing that there has been a material change of circumstance since he gave his decision; or
b
he has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular; or
c
pursuant to Article 85(2), the European Commission has taken a reasoned decision recording an infringement of Article 81(1) and has authorised the United Kingdom to take measures needed to remedy the situation.
Notification in relation to conduct
9
1
Regulation 10 provides for conduct of a person which that person thinks may infringe the prohibition in Article 82 to be considered by the Director on the application of that person.
2
Schedule 1 provides for the procedure to be followed —
a
by any person making an application, and
b
by the Director, in considering an application.
Notification for a decision in relation to conduct
10
1
A person who applies for conduct to be considered under this regulation must —
a
notify the Director of it; and
b
apply to him for a decision.
2
On an application under this regulation the Director may make a decision as to whether the prohibition in Article 82 has been infringed.
Effect of a decision that the prohibition in Article 82 has not been infringed
11
1
This regulation applies to conduct if the Director has determined an application under regulation 10 by making a decision that the conduct has not infringed the prohibition in Article 82.
2
The Director is to take no further action under these Regulations with respect to the conduct unless —
a
he has reasonable grounds for believing that there has been a material change of circumstance since he gave his decision; or
b
he has a reasonable suspicion that the information on which he based his decision was incomplete, false or misleading in a material particular; or
c
pursuant to Article 85(2), the European Commission has taken a reasoned decision recording an infringement of Article 82 and has authorised the United Kingdom to take measures needed to remedy the situation.
Powers when conducting investigations
12
1
For the purposes of an investigation under regulation 3, the Director may require any person to produce to him a specified document, or to provide him with specified information, which he considers relates to any matter relevant to the investigation.
2
The power conferred by paragraph (1) is to be exercised by a notice in writing.
3
A notice under paragraph (2) must indicate —
a
the subject matter and purpose of the investigation; and
b
the nature of the offences created by regulations 22 to 24.
4
In paragraph (1) “specified” means —
a
specified, or described, in the notice; or
b
falling within a category which is specified, or described, in the notice.
5
The Director may also specify in the notice —
a
the time and place at which any document is to be produced or any information is to be provided;
b
the manner and form in which it is to be produced or provided.
6
The power under this paragraph to require a person to produce a document includes power —
a
if the document is produced —
i
to take copies of it or extracts from it;
ii
to require him, or any person who is a present or past officer of his, or is or was at any time employed by him, to provide an explanation of the document;
b
if the document is not produced, to require him to state, to the best of his knowledge and belief, where it is.
Power to enter premises without a warrant
13
1
Any officer of the Director who is authorised in writing by the Director to do so (“an investigating officer”) may enter any premises in connection with an investigation under regulation 3.
2
No investigating officer is to enter any premises in the exercise of his powers under this regulation unless he has given to the occupier of the premises a written notice which —
a
gives at least two working days' notice of the intended entry;
b
indicates the subject matter and purpose of the investigation; and
c
indicates the nature of the offences created by regulations 22 to 24.
3
Paragraph (2) does not apply —
a
if the Director has a reasonable suspicion that the premises are, or have been, occupied by —
i
a party to an agreement which he is investigating under regulation 3; or
ii
an undertaking the conduct of which he is investigating under regulation 3; or
b
if the investigating officer has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
4
In a case falling within paragraph (3), the power of entry conferred by paragraph (1) is to be exercised by the investigating officer on production of —
a
evidence of his authorisation; and
b
a document containing the information referred to in paragraph (2)(b) and (c).
5
An investigating officer entering any premises under this regulation may —
a
take with him such equipment as appears to him to be necessary;
b
require any person on the premises —
i
to produce any document which he considers relates to any matter relevant to the investigation; and
ii
if the document is produced, to provide an explanation of it;
c
require any person to state, to the best of his knowledge and belief, where any such document is to be found;
d
take copies of, or extracts from, any document which is produced;
e
require any information which is held in a computer and is accessible from the premises and which the investigating officer considers relates to any matter relevant to the investigation, to be produced in a form —
i
in which it can be taken away, and
ii
in which it is visible and legible.
Powers to enter premises under a warrant
14
1
On an application made by the Director to the court in accordance with rules of court, a judge may issue a warrant if he is satisfied that —
a
there are reasonable grounds for suspecting that there are on any premises documents —
i
the production of which has been required under regulation 12 or 13; and
ii
which have not been produced as required;
b
there are reasonable grounds for suspecting that —
i
there are on any premises documents which the Director has power under regulation 12 to require to be produced; and
ii
if the documents were required to be produced, they would not be produced but would be concealed, removed, tampered with or destroyed; or
c
an investigating officer has attempted to enter premises in the exercise of his powers under regulation 13 but has been unable to do so and that there are reasonable grounds for suspecting that there are on the premises documents the production of which could have been required under that regulation.
2
A warrant under this regulation shall authorise a named officer of the Director, and any other of his officers whom he has authorised in writing to accompany the named officer —
a
to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose;
b
to search the premises and take copies of, or extracts from, any document appearing to be of a kind in respect of which the application under paragraph (1) was granted (“the relevant kind”);
c
to take possession of any documents appearing to be of the relevant kind if —
i
such action appears to be necessary for preserving the documents or preventing interference with them; or
ii
it is not reasonably practicable to take copies of the documents on the premises;
d
to take any other steps which appear to be necessary for the purpose mentioned in sub-paragraph (c)(i);
e
to require any person to provide an explanation of any document appearing to be of the relevant kind or to state, to the best of his knowledge and belief, where it may be found;
f
to require any information which is held in a computer and is accessible from the premises and which the named officer considers relates to any matter relevant to the investigation, to be produced in a form —
i
in which it can be taken away, and
ii
in which it is visible and legible.
3
If, in the case of a warrant under paragraph (1)(b), the judge is satisfied that it is reasonable to suspect that there are also on the premises other documents relating to the investigation concerned, the warrant shall also authorise action mentioned in paragraph (2) to be taken in relation to any such document.
4
Any person entering premises by virtue of a warrant under this regulation may take with him such equipment as appears to him to be necessary.
5
On leaving any premises which he has entered by virtue of a warrant under this regulation, the named officer must, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured as he found them.
6
A warrant under this regulation continues in force until the end of the period of one month beginning with the day on which it is issued.
7
Any document of which possession is taken under paragraph (2)(c) may be retained for a period of three months.
Entry of premises under warrant: supplementary
15
1
A warrant issued under regulation 14 must indicate —
a
the subject matter and purpose of the investigation;
b
the nature of the offences created by regulations 22 to 24.
2
The powers conferred by regulation 14 are to be exercised on production of a warrant issued under that regulation.
3
If there is no one at the premises when the named officer proposes to execute such a warrant he must, before executing it —
a
take such steps as are reasonable in all the circumstances to inform the occupier of the intended entry; and
b
if the occupier is informed, afford him or his legal or other representative a reasonable opportunity to be present when the warrant is executed.
4
If the named officer is unable to inform the occupier of the intended entry he must, when executing the warrant, leave a copy of it in a prominent place on the premises.
5
In this regulation —
“named officer” means the officer named in the warrant; and
“occupier”, in relation to any premises, means a person whom the named officer reasonably believes is the occupier of those premises.
Privileged communications
16
1
A person shall not be required, under any provision of these Regulations, to produce or disclose a privileged communication.
2
“Privileged communication” means a communication —
a
between a professional legal adviser and his client, or
b
made in connection with, or in contemplation of, legal proceedings and for the purposes of those proceedings,
which in proceedings in the High Court would be protected from disclosure on grounds of legal professional privilege.
3
In the application of this regulation to Scotland —
a
references to the High Court are to be read as references to the Court of Session; and
b
the reference to legal professional privilege is to be read as a reference to confidentiality of communications.
Decisions following an investigation
17
1
Paragraph (2) applies if, as the result of an investigation conducted under regulation 3, the Director proposes to make —
a
a decision that the prohibition in Article 81(1) has been infringed, or
b
a decision that the prohibition in Article 82 has been infringed.
2
Before making the decision, the Director must —
a
give written notice to the person (or persons) likely to be affected by the proposed decision; and
b
give that person (or those persons) an opportunity to make representations.
Directions in relation to agreements
18
1
If —
a
the Director has made a decision that an agreement infringes the prohibition in Article 81(1), or
b
pursuant to Article 85(2) the European Commission has taken a reasoned decision recording an infringement of Article 81(1) and has authorised the United Kingdom to take measures needed to remedy the situation,
the Director may give to such person or persons as he considers appropriate such directions as he considers appropriate to bring the infringement to an end.
2
Paragraph (1)(a) applies whether the Director’s decision is made on his own initiative or on an application made to him under these Regulations.
3
A direction under this regulation may, in particular, include provision —
a
requiring the parties to the agreement to modify the agreement; or
b
requiring them to terminate the agreement.
4
A direction under this regulation must be given in writing.
Directions in relation to conduct
19
1
If —
a
the Director has made a decision that conduct infringes the prohibition in Article 82, or
b
pursuant to Article 85(2) the European Commission has taken a reasoned decision recording an infringement of Article 82 and has authorised the United Kingdom to take measures needed to remedy the situation,
the Director may give to such person or persons as he considers appropriate such directions as he considers appropriate to bring the infringement to an end.
2
Paragraph (1)(a) applies whether the Director’s decision is made on his own initiative or on an application made to him under these regulations.
3
A direction under this regulation may, in particular, include provision —
a
requiring the person concerned to modify the conduct in question; or
b
requiring him to cease that conduct.
4
A direction under this regulation must be given in writing.
Enforcement of Directions
20
1
If a person fails, without reasonable excuse, to comply with a direction under regulation 18 or 19, the Director may apply to the court for an order —
a
requiring the defaulter to make good his default within a time specified in the order; or
b
if the direction related to anything to be done in the management or administration of an undertaking, requiring the undertaking or any of its officers to do it.
2
An order of the court under paragraph (1) may provide for all of the costs of, or incidental to, the application for the order to be borne by —
a
the person in default; or
b
any officer of an undertaking who is responsible for the default.
3
In the application of paragraph (2) to Scotland, the reference to “costs” is to be read as a reference to “expenses”.
Interim measures
21
1
This regulation applies if the Director —
a
has a reasonable suspicion that an agreement is or has been in existence which may infringe the prohibition in Article 81(1), or
b
has a reasonable suspicion that the prohibition in Article 82 has been infringed,
but has not completed his investigation into the matter.
2
If the Director considers that it is necessary for him to act under this regulation as a matter of urgency for the purpose —
a
of preventing serious, irreparable damage to a particular person or category of person, or
b
of protecting the public interest,
he may give such directions as he considers appropriate for that purpose.
3
Before giving a direction under this regulation, the Director must —
a
give written notice to the person (or persons) to whom he proposes to give the direction; and
b
give that person (or each of them) an opportunity to make representations.
4
A notice under paragraph (3) must indicate the nature of the direction which the Director is proposing to give and his reasons for wishing to give it.
5
A direction given under this regulation has effect while paragraph (1) applies, but may be replaced if the circumstances permit by a direction under regulation 18 or, as appropriate, regulation 19.
6
In a case where it is suspected that there may be an infringement of the prohibition in Article 81(1), regulations 18(3) and 20 also apply to directions given under this regulation.
7
In the case of a suspected infringement of the prohibition in Article 82, regulations 19(3) and 20 also apply to directions given under this regulation.
Offences
22
1
A person is guilty of an offence if he fails to comply with a requirement imposed on him under regulations 12, 13 or 14.
2
If a person is charged with an offence under paragraph (1) in respect of a requirement to produce a document, it is a defence for him to prove —
a
that the document was not in his possession or under his control; and
b
that it was not reasonably practicable for him to comply with the requirement.
3
If a person is charged with an offence under paragraph (1) in respect of a requirement —
a
to provide information,
b
to provide an explanation of a document, or
c
to state where a document is to be found,
it is a defence for him to prove that he had a reasonable excuse for failing to comply with the requirement.
4
Failure to comply with a requirement imposed under regulation 12 or 13 is not an offence if the person imposing the requirement has failed to act in accordance with that regulation.
5
A person is guilty of an offence if he intentionally obstructs an officer acting in the exercise of his powers under regulation 13.
6
A person guilty of an offence under paragraph (1) or (5) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
7
A person who intentionally obstructs an officer in the exercise of his powers under a warrant issued under regulation 14 is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Destroying or falsifying documents
23
1
A person is guilty of an offence if, having been required to produce a document under regulation 12, 13 or 14 —
a
he intentionally or recklessly destroys or otherwise disposes of it, falsifies it or conceals it, or
b
he causes or permits its destruction, disposal, falsification or concealment.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
False or misleading information
24
1
If information is provided by a person to the Director in connection with any function of the Director under these Regulations, that person is guilty of an offence if —
a
the information is false or misleading in a material particular, and
b
he knows that it is or is reckless as to whether it is.
2
A person who —
a
provides any information to another person, knowing the information to be false or misleading in a material particular, or
b
recklessly provides any information to another person which is false or misleading in a material particular,
knowing that the information is to be used for the purpose of providing information to the Director in connection with any of his functions under these Regulations, is guilty of an offence.
3
A person guilty of an offence under this regulation is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Appeals
25
1
Any party to an agreement in respect of which the Director has made a decision may appeal to the tribunal against, or with respect to, the decision.
2
Any person in respect of whose conduct the Director has made a decision may appeal to the tribunal against, or with respect to, the decision.
3
In this regulation “decision” means a decision of the Director —
a
as to whether the prohibition in Article 81(1) has been infringed,
b
as to whether the prohibition in Article 82 has been infringed,
c
as to whether to grant an exemption,
d
in respect of an exemption —
i
as to whether to impose any condition or obligation under regulation 4(2)(a) or 5(1)(c),
ii
where such a condition or obligation has been imposed, as to the condition or obligation,
iii
as to the period fixed under regulation 4(2)(b),
e
as to —
i
whether to extend the period for which an exemption has effect, or
ii
the period of any such extension,
f
cancelling an exemption,
g
withdrawing or varying a decision in paragraph (a) to (f) following an application under regulation 26,
and includes a direction given under regulation 18, 19 or 21.
4
The making of an appeal under this regulation does not suspend the effect of the decision to which the appeal relates.
5
Schedule 2 makes further provision about appeals.
Third party appeals
26
1
A person who does not fall within regulation 25(1) or (2) may apply to the Director asking him to withdraw or vary a decision (“the relevant decision”) falling within paragraphs (a) to (f) of regulation 25.
2
The application must —
a
be made in writing, within such period as is specified in the rules in Schedule 1; and
b
give the applicant’s reasons for considering that the relevant decision should be withdrawn or (as the case may be) varied.
3
If the Director decides —
a
that the applicant does not have a sufficient interest in the relevant decision,
b
that, in the case of an applicant claiming to represent persons who have such an interest, the applicant does not represent such persons, or
c
that the persons represented by the applicant do not have such an interest,
he must notify the applicant of his decision.
4
If the Director, having considered the application, decides that it does not show sufficient reason why he should withdraw or vary the relevant decision, he must notify the applicant of his decision.
5
Otherwise, the Director must deal with the application in accordance with the rules in Schedule 1.
6
The applicant may appeal to the tribunal against a decision of the Director notified under paragraph (3) or (4).
7
The making of an application does not suspend the effect of the relevant decision.
Appeal tribunals
27
1
Any appeal made to the tribunal under regulation 25 or 26 is to be determined by a tribunal constituted by the President in accordance with paragraph 27 of Schedule 7 to the Act.
2
The tribunal rules shall apply to an appeal under regulation 25 or 26 save that any reference in the tribunal rules to the provisions of the Act shall be deemed to be to the equivalent provisions in these Regulations.
Appeals on point of law etc.
28
1
An appeal lies on a point of law arising from a decision of the tribunal.
2
An appeal under this regulation may be made only —
a
to the appropriate court;
b
with permission and in accordance with the requirements of the tribunal rules; and
c
at the instance of a party or at the instance of a person who has a sufficient interest in the matter.
3
In paragraph (2) —
“the appropriate court” means —
in relation to proceedings before a tribunal in England and Wales, the Court of Appeal;
in relation to proceedings before a tribunal in Scotland, the Court of Session;
in relation to proceedings before a tribunal in Northern Ireland, the Court of Appeal in Northern Ireland;
“party”, in relation to a decision, means a person who was a party to the proceedings in which the decision was made; and
“permission” means permission of the tribunal in question or of the appropriate court.
General restrictions on disclosure of information
29
1
No information which —
a
has been obtained under or as a result of any provision of these Regulations, and
b
relates to the affairs of any individual or to any particular business of an undertaking, is to be disclosed during the lifetime of that individual or while that business continues to be carried on, unless the condition mentioned in paragraph (2) is satisfied.
2
The condition is that consent to the disclosure has been obtained from —
a
the person from whom the information was initially obtained under or as a result of any provision of these Regulations (if the identity of that person is known); and
b
if different —
i
the individual to whose affairs the information relates, or
ii
the person for the time being carrying on the business to which the information relates.
3
Paragraph (1) does not apply to a disclosure of information —
a
made for the purpose of —
i
facilitating the performance of any functions of the Director, the Civil Aviation Authority, the Competition Commission, or the Secretary of State under these Regulations, or the Fair Trading Act 1973 , or the Competition Act 1980 , or the Civil Aviation Act 1982 , or the Airports Act 1986 ; or the Licensing of Air Carriers Regulations 1992 , or Part IV of the Airports (Northern Ireland) Order 1994 , or Part I of the Transport Act 2000 or the Act;
ii
facilitating the performance of any functions of the European Commission in respect of Community law about competition;
iii
facilitating the performance by the Comptroller and Auditor General of any of his functions;
iv
criminal proceedings in any part of the United Kingdom;
b
made with a view to the institution of, or otherwise for the purposes of, civil proceedings brought under or in connection with these Regulations;
c
made in connection with the investigation of any criminal offence triable in the United Kingdom or in any part of the United Kingdom; or
d
which is required to meet a Community obligation.
4
If information is disclosed to the public in circumstances in which the disclosure does not contravene paragraph (1), that paragraph does not prevent its further disclosure by any person.
5
A person who contravenes this regulation is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Director to have regard to certain matters in relation to the disclosure of information
30
1
This regulation applies if the Director is considering whether to disclose any information acquired by him under, or as a result of, any provision of these Regulations.
2
He must have regard to the need for excluding, so far as is practicable, information the disclosure of which would in his opinion be contrary to the public interest.
3
He must also have regard to —
a
the need for excluding, so far as is practicable —
i
commercial information the disclosure of which would, or might, in his opinion, significantly harm the legitimate business interests of the undertaking to which it relates, or
ii
information relating to the private affairs of an individual the disclosure of which would, or might, in his opinion, significantly harm his interests; and
b
the extent to which the disclosure is necessary for the purposes for which the Director is proposing to make the disclosure.
Defamation
31
For the purposes of the law relating to defamation, absolute privilege attaches to any advice, notice or direction given, or decision made, by the Director in the exercise of any of his functions under these Regulations.
Findings of fact by the Director
32
1
Unless the court directs otherwise or the Director has decided to take further action in accordance with regulation 8(2) or 11(2), a Director’s finding which is relevant to an issue arising in proceedings which are brought otherwise than by the Director in respect of an alleged infringement under these Regulations of the prohibition in Article 81(1) or of the prohibition in Article 82 is binding on the parties if —
a
the time for bringing an appeal in respect of the finding has expired and the relevant party has not brought such an appeal; or
b
the decision of a tribunal on such an appeal has confirmed the finding.
2
In this regulation —
“a Director’s finding” means a finding of fact made by the Director in the course of —
determining an application for a decision under regulation 7 or 10, or
conducting an investigation under regulation 3;
“relevant party” means —
in relation to the prohibition in Article 81(1), a party to the agreement which is alleged to have infringed the prohibition; and
in relation to the prohibition in Article 82, the undertaking whose conduct is alleged to have infringed the prohibition.
3
Rules of court may make provision in respect of assistance to be given by the Director to the court in the proceedings referred to in paragraph (1).
Offences by bodies corporate etc.
33
1
This regulation applies to an offence under any of regulations 22 to 24 or 29(5).
2
If an offence committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
3
In paragraph (2) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
4
If the affairs of a body corporate are managed by its members, paragraph (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5
If an offence committed by a partnership in Scotland is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
6
In paragraph (5) “partner” includes a person purporting to act as a partner.
Crown application
34
1
Any provision made by or under these Regulations binds the Crown except that —
a
the Crown is not criminally liable as a result of any such provisions; and
b
nothing in these Regulations affects Her Majesty in her private capacity.
2
Paragraph (1)(a) does not affect the application of any provision of these Regulations in relation to persons in the public service of the Crown.
3
Paragraph (1)(b) is to be interpreted as if section 38(3) of the Crown Proceedings Act 1947 (interpretation of references in that Act to Her Majesty in her private capacity) were contained in these Regulations.
4
If, in a case where it is suspected that there may be an infringement of the prohibition in Article 81(1) or in respect of a suspected infringement of the prohibition in Article 82 otherwise than by the Crown or a person in the public service of the Crown, an investigation is conducted under regulation 3 —
a
the power conferred by regulation 13 may not be exercised in relation to land which is occupied by a government department, or otherwise for purposes of the Crown, without the written consent of the appropriate person; and
b
regulation 14 does not apply in relation to land so occupied.
5
In any case in which consent is required under paragraph (4), the person who is the appropriate person in relation to that case is —
a
in relation to any land which is occupied by a government department that department; and
b
in relation to any other land which is otherwise occupied for purposes of the Crown the person occupying the land for such purposes.
6
If the Secretary of State certifies that it appears to him to be in the interests of national security that the powers of entry —
a
conferred by regulation 13, or
b
that may be conferred by a warrant under regulation 14,
should not be exercisable in relation to premises held or used by or on behalf of the Crown and which are specified in the certificate, those powers are not exercisable in relation to those premises.
7
Any amendment of an enactment made by these Regulations binds the Crown to the extent that the enactment amended binds the Crown.
Amendments to other enactments
35
1
In section 133(2)(a) of the Fair Trading Act 1973 for the words “EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996” there shall be substituted the words “EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001”.
2
In section 19(3)(q) of the Competition Act 1980 for the words “the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996” there shall be substituted the words “the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001”.
3
In section 74(3)(o) of the Airports Act 1986 for the words “the EC Competition Law Enforcement Regulations 1996” there shall be substituted the words “the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001”.
4
In article 49(3)(r) of the Airports (Northern Ireland) Order 1994 for the words “the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996” there shall be substituted the words “the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001”.
5
In paragraph 1(o) of Schedule 11 to the Act for the words “the EC Competition Law (Articles 88 and 89) Enforcement Regulations 1996” there shall be substituted the words “the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001”.
Past agreements and infringements
36
Nothing in these Regulations shall enable or require the Director to investigate or make a decision in relation to an agreement which was determined, or on conduct which has ceased, before 28th August 1996 being the date on which the 1996 Regulations came into force.
Revocation and transitional provision
37
1
Subject to paragraph (2), the 1996 Regulations are hereby revoked.
2
Any information which was obtained under or by virtue of the provisions of the 1996 Regulations and which was subject to the restrictions on disclosure of information in regulation 28 of the 1996 Regulations shall be treated as if it was information obtained under or as a result of a provision of these Regulations.
Alan Johnson
Minister of State for the Regions and Employment Relations,
Department of Trade and Industry
15th August 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Restriction of Employment) (Amendment) Regulations 2001.
2
These Regulations shall come into force on 1st June 2001.
3
In these Regulations a reference to the principal Regulations is a reference to the Education (Restriction of Employment) Regulations 2000 .
New regulation 5A of the principal Regulations
2
After regulation 5 of the principal Regulations the following new regulation 5A shall be inserted —
Allocation and reference of cases to the General Teaching Councils
5
A —
1
Where in the case of a registered teacher —
a
it is alleged that he is guilty of unacceptable professional conduct or that he has been convicted (at any time) of a relevant offence or it appears to the Secretary of State that he may be so guilty or have been so convicted; and
b
the Secretary of State is satisfied that no relevant issue arises,
the Secretary of State shall refer the allegation and all relevant documents or copies of those documents to an Investigating Committee for consideration.
2
Where —
a
the Council is in receipt of documents concerning a teacher in which a relevant issue arises the Council shall refer those documents to the Secretary of State for his consideration;
b
a Committee is considering allegations of unacceptable professional conduct or serious professional incompetence against a registered teacher or that he has been convicted of a relevant offence and a relevant issue arises, the Committee shall refer those allegations, or if the relevant issue forms part of a wholly separate allegation, that allegation, and all relevant documents or copies of those documents to the Secretary of State for his consideration; or
c
a prohibition order is made in relation to a person on grounds of unacceptable professional conduct or a conviction for a relevant offence the Council shall refer the case and copies of all relevant documents to the Secretary of State for him to consider the further exercise of his own powers.
3
For the purposes of this regulation —
a
“Committee” means an Investigating Committee, a Professional Conduct Committee or a Professional Competence Committee established by the Council under the General Teaching Council for England (Disciplinary Functions) Regulations 2001 or the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 ;
b
“Council” means the General Teaching Council for England or the General Teaching Council for Wales;
c
“prohibition order” has the same meaning as in Schedule 2 to the Teaching and Higher Education Act 1998;
d
“registered teacher” means a person for the time being registered under section 3 of the Teaching and Higher Education Act 1998, and includes a person who was so registered at the time of any alleged conduct or offence on his part, or a person who has made an application under that section to be registered;
e
a “relevant issue” arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of persons under the age of 19;
f
“relevant offence” has the same meaning as in Schedule 2 to the Teaching and Higher Education Act 1998; and
g
“unacceptable professional conduct” has the same meaning as in Schedule 2 to the Teaching and Higher Education Act 1998.
.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
28th March 2001


text:
1
This Order may be cited as the European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 2001. It shall come into force on the day after the day on which it was made.
2
The European Communities (Immunities and Privileges of the North Atlantic Salmon Conservation Organization) Order 1985 shall be amended as follows —
1
After Article 6(3) there shall be inserted the following new paragraph: —
4
The Organization shall be accorded a refund of insurance premium tax and air passenger duty paid by the Organization in the exercise of its official activities.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement and extent
1
These Regulations may be cited as the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, shall come into force on 3rd November 2001, and shall extend to England only.
Amendment of the Feeding Stuffs Regulations 2000
2
The Feeding Stuffs Regulations 2000 shall be amended in accordance with regulations 3 to 22 below.
3
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “ EEA Agreement” there shall be inserted the following definitions —
“EEA approved Article 2.2(d) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in an EEA State which is neither the United Kingdom nor a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;
“EEA approved Article 2.2(f) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in an EEA State which is neither the United Kingdom nor a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;
“EEA permitted Article 2.2(d) establishment” means an establishment located in an EEA State which is neither the United Kingdom nor a member State (other than an EEA approved Article 2.2(d) establishment or an establishment which a competent authority in that EEA State has declined to approve as such an establishment) —
on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured, with a view to putting it into circulation, on 10th March 2000, and
in respect of which, before 10th August 2000, an application (which is pending) was made to a competent authority in the EEA State concerned, in accordance with any requirements in that State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;
“EEA permitted Article 2.2(f) establishment” means an establishment located in an EEA State which is neither the United Kingdom nor a member State (other than an EEA approved Article 2.2(f) establishment or an establishment which a competent authority in that EEA State has declined to approve as such an establishment) —
on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced, for the exclusive requirements of the producer’s holding, on 10th March 2000, and
in respect of which, before 10th August 2000, an application (which is pending) was made to a competent authority in the EEA State concerned, in accordance with any requirements in that State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;
;
ii
for the definition of “put into circulation”, there shall be substituted the following definition —
“put into circulation” means sell or otherwise transfer, have in possession with a view to selling or otherwise transferring, or offer for sale, to a third party, but, in regulation 14(3), (4) and (7), also means import into England from a country which is neither an EEA State nor part of an EEA State;
; and
iii
for the definition of “third country” there shall be substituted the following definition —
“third country” means a country other than an EEA State;
;
b
paragraph (2) shall be omitted; and
c
for paragraph (8) there shall be substituted the following paragraph —
8
Any reference in these Regulations to a European Community Directive, Regulation or Decision shall be construed as a reference to that Directive or, as the case may be, Regulation or Decision, as amended as at the date the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001 are made
.
4
In paragraph (1) of regulation 5 (forms of statutory statement), for the words “Subject to the sufficiency requirement of the second paragraph of Article 16.6 of the Additives Directive, (which shall be observed, where applicable) and paragraph (2) below,” there shall be substituted the words “Subject to the provisions relating to small quantities of feeding stuffs in the second paragraph of Article 16.6 of the Additives Directive and in Article 5.2 of the Compound Feeding Stuffs Directive, (which shall be observed where applicable) and to paragraph (2) below,”.
5
1
In each of the provisions specified in paragraph (2) below, after the words “the Feeding Stuffs Regulations 2000” there shall be added the words “as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001”.
2
The provisions referred to in paragraph (1) above are regulations 7(1), 25(1) and 27(b).
6
In regulation 7 (limits of variation), for paragraph (3)(a) and (b) there shall be substituted the following paragraphs —
a
the material was first sold, or otherwise put into circulation, in a member State or in an EEA State (other than the United Kingdom) which is not a member State,
b
the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in the State concerned, and
.
7
In regulation 9 (manner of packaging and sealing compound feeding stuffs, additives and premixtures) —
a
in paragraph (1), for the words “no person shall sell a compound feeding stuff, or any additive or premixture” there shall be substituted the words “no person shall put into circulation a compound feeding stuff, or sell any additive or premixture”;
b
in each of paragraphs (2) and (3), for the word “sold” there shall be substituted the words “put into circulation”; and
c
in paragraph (2)(a), for the words “or sellers of compound feeding stuffs” there shall be substituted the words “of compound feeding stuffs or those putting them into circulation”.
8
1
In each of the provisions specified in paragraph (2) below, for the words “sell, or have in possession with a view to sale” there shall be substituted the words “put into circulation”.
2
The provisions referred to in paragraph (1) above are regulations 10(3)(b) and (4), 15(1), 17, 18(1) and 19(1).
9
In regulation 10 (control of feed materials) for paragraph (6) there shall be substituted the following paragraphs —
6
Without prejudice to sections 73 and 73A, no person shall import into England from any country which is neither a member State, nor an EEA State which is not a member State, nor another part of the United Kingdom, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, or use any feed material, which is deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.
6A
No person shall import into England from any country which is neither a member State, nor an EEA State which is not a member State, nor another part of the United Kingdom, sell or have in possession with a view to sale, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, or use any feed material, which is deleterious to the environment.
.
10
In regulation 11 (applications for Community authorisation of additives and of new uses for additives) in each of paragraphs (2) and (5), after the words “each member State” there shall be added the words “and each EEA State (other than the United Kingdom) which is not a member State”.
11
In regulation 13(5) (control of additives in feeding stuffs) for the words “added substance” there shall be substituted the word “additive”.
12
In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) —
a
in paragraph (4) —
i
in subparagraph (a)(iii) the word “or”, where it appears for the second time, shall be omitted; and
ii
after subparagraph (a)(iv) there shall be added the following provisions —
v
an EEA approved or permitted Article 2.2(d) establishment or;
vi
an EEA approved or permitted Article 2.2(f) establishment;
; and
b
in paragraph (5) —
i
for the words “no UK or EC establishment” there shall be substituted the words “no UK, EC or EEA establishment”; and
ii
for subparagraph (b) there shall be substituted the following subparagraph —
b
in the case of an EC or an EEA establishment, it is included in the most recently published list (if any) equivalent to the national list in the member State concerned or, as the case may be, in the EEA State concerned.
.
13
In regulation 15 (control of compound feeding stuffs containing prohibited materials) —
a
in paragraph (1), for subparagraph (e) there shall be substituted the following subparagraph —
e
subject to paragraph (3) below, waste (whether or not subjected, or to be subjected, to further processing) obtained from the treatment of “urban waste water”, “domestic waste water” or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/ EEC concerning urban waste water treatment), whatever the origin of the waste water concerned;
; and
b
after paragraph (2) there shall be added the following paragraph —
3
For the purposes of paragraph 1(e) above, the term “waste water” shall be construed in accordance with the second paragraph of point 5 of the Annex to Commission Decision 91/516/EEC establishing a list of ingredients whose use is prohibited in compound feeding stuffs.
.
14
In regulation 18(2) (control of ash insoluble in hydrochloric acid in compound feeding stuffs), for the word “sale” there shall be substituted the words “putting into circulation”.
15
In regulation 25(2), for the word “regulations” to the end there shall be substituted the following provisions —
regulations 9(1) (in relation to putting into circulation), (2) and (3), 10(1) to (4), (6), (6A) and (7), 13(3)(a), (c) and (d), (4), (6) and (7), 14(3), (4), (6), (7) and (9), 15(1), 17, 18(1) and 19(1).
.
16
Regulation 29(a), (c) and (d)(ii) shall be revoked.
17
In Schedule 1 (method of calculating the energy value of compound feeds) in paragraph (a) of the provisions having the heading “ Feeding stuffs intended for particular nutritional purposes for cats and dogs ”, for the expression “0.1464 × protein” there shall be substituted the expression “0.1464 × % protein”.
18
In Schedule 3 (permitted additives and provisions relating to their use) —
a
the footnote to Part II of the Table (permitted colourants) shall be omitted;
b
for the entries in columns 1 to 7 of Part V of the Table (trace elements) relating to the element “Copper-Cu”, there shall be substituted the provisions set out in Schedule 1 to these Regulations; and
c
for the provisions in Part IX of the Table (European Community Regulations by which additives are controlled) there shall be substituted the provisions set out in Schedule 2 to these Regulations.
19
In Schedule 4 (contents of the statutory statement or other declaration (except for additives and premixtures not contained in feeding stuffs)) —
a
for paragraph 1 there shall be substituted the following paragraph —
1
The expression “in the case of any compound feeding stuff”, wherever it appears in this Schedule, shall be construed as referring to any compound feeding stuff which is sold or otherwise put into circulation.
;
b
in paragraph 2, in subparagraph (a)(iii)(bb), for the words “(or by an appropriate extract from)” to the end there shall be substituted the words “the words “EC additives””;
c
in paragraph 7, for subparagraph (c)(ix) there shall be substituted the following provisions —
ix
the name or business name, and the address or registered business address, of the person within the European Economic Area responsible for the particulars specified in this subparagraph, if the establishment referred to in paragraph (x) below is not responsible for them;
x
where the establishment producing the feed material must be approved in accordance with Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin, and amending Directive 90/425/EC ; the name or business name, and the address or registered business address, of the establishment, the approval number, the batch reference number or any other particulars which ensure that the material can be traced.
;
d
in paragraph 9, for sub-paragraph (1)(a) there shall be substituted the following paragraph —
a
originated in a third country, and
;
e
in paragraph 14 —
i
for subparagraph (1)(c) there shall be substituted the following provision —
c
the approval or registration number allocated, in accordance with Article 5 or, as the case may be, 10, of the Establishments Directive, to the establishment which manufactured the compound feeding stuff; and
;
ii
after subparagraph (1)(c) there shall be added the following provision —
d
the name or trade name and address or registered office of the person responsible for the accuracy of the particulars which, in accordance with this Schedule, are required in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared.
;
f
in paragraph 16(2), after the words “whole grain mix” there shall be added the words “which is sold or otherwise put into circulation”;
g
in paragraph 17(2), after the words “subparagraph (1) above,” there shall be added the words “which is sold or otherwise put into circulation,”;
h
in paragraph 22 there shall be added at the end the following subparagraphs —
d
the identification mark or trade mark of the person responsible for the particulars which, in accordance with this Schedule, are required or permitted in the case of compound feeding stuffs to be contained in the statutory statement or otherwise declared;
e
the description or trade name of the feeding stuff;
f
the price of the feeding stuff; and
g
the country of origin or manufacture of the feeding stuff.
;
i
in paragraph 23(1), after the words “complementary feeding stuff which” there shall be added the words “is sold or otherwise put into circulation, and”;
j
in paragraph 25(1), after the words “other than pet animals,” there shall be added the words “which is sold or otherwise put into circulation,”; and
k
in each of paragraphs 26(1) and 27(1), after the words “feeding stuff intended for a particular nutritional purpose,” there shall be added the words “which is sold or otherwise put into circulation.”.
20
1
In Schedule 5 (contents of the statutory statement (for additives and premixtures not contained in feeding stuffs)), in each of the provisions specified in paragraph (2) below, for the word “Community” there shall be substituted the words “Economic Area”.
2
The provisions referred to in paragraph (1) above are paragraph 1(a)(iii), (e)(iv) and (f)(v) in Part I of Schedule 5 and paragraph 2(a)(iv) in Part II of that Schedule.
21
In Schedule 6 (limits of variation) —
a
in Part A (compound feeding stuffs except those for pets) —
i
in the entry relating to magnesium, in the second column, for the expression “1.5% for declarations of 15% or more” there shall be substituted the expression “1.5 for declarations of 15% or more”, and
ii
in the entry relating to phosphorus, in the second column, for the expression “1.2% for declarations of 16% or more” there shall be substituted the expression “1.2 for declarations of 16% or more”; and
b
in Part B (compound pet foods) —
i
in the entry relating to calcium, in the second column, for the expression “1.2 % for declarations of 16 or more” there shall be substituted the expression “1.2 for declarations of 16% or more”,
ii
in the entry relating to magnesium, in the second column, for the expression “1.5 % for declarations of 15% or more”, there shall be substituted the expression “1.5 for declarations of 15% or more”, and
iii
in the entry relating to phosphorus, in the second column, for the expression “1.2% for declarations of 16% or more” there shall be substituted the expression “1.2 for declarations of 16% or more”.
22
In Schedule 8 (control of certain protein sources) —
a
in item 2.1.4, for the provisions contained in column 3 there shall be substituted the following provisions —
(CH 3 ) 2 — (CH) 2
(NHCONH 2 ) 2
;
b
in item 3.2.7, for the provisions contained in columns 2 and 3 there shall be substituted the following provisions —
3.2.7. Mixtures of:
L — Lysine — mono — hydrochloride technically pure and
NH 2 — (CH 2 ) 4 —
CH(NH 2 ) —
COOH — HCL
DL — methionine technically pure protected with copolymer vinyl — pyridine/styrene
CH 3 S(CH 2 ) 2 —
CH(NH 2 ) — COOH;
c
in item 4.1.2, for the provisions contained in column 3 there shall be substituted the following provisions —
[CH 3 — S — (CH 2 ) — CH(OH) — COO] 2 Ca
.
Amendment of the Feeding Stuffs (Enforcement) Regulations 1999
23
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended as follows in relation to England —
a
in regulation 7(2) and (4), for the references to “the Feeding Stuffs Regulations 1995” there shall be substituted references to “the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001”;
b
for regulation 9, there shall be substituted the following provisions:
Modification of section 67(8) of the Agriculture Act 1970
9
In relation to England, section 67(8) of the Act shall (as specified in regulation 7) have effect as if, for the provisions of that subsection, there were substituted the following provisions:
8
If the Secretary of State for Health is of the opinion that, in any area covered by an enforcement authority, the Feeding Stuffs Regulations 2000, (as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001), or section 73 or 73A of this Act, have been —
a
insufficiently enforced or administered by the authority concerned, or
b
enforced or administered by it without sufficient regard to the requirements of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, as amended by Council Directive 1999/20/EC ,
he may appoint one or more inspectors to exercise the powers exercisable by inspectors appointed by the authority in question, and any expenses certified by him as having been incurred by him under this subsection shall be repaid to him on demand by that authority.
; and
c
in regulation 10, in subsection (17) of section 76 of the Agriculture Act 1970 as modified by that regulation, for the references to “the Feeding Stuffs Regulations 1995” there shall be substituted references to the “the Feeding Stuffs Regulations 2000 as amended by the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001”
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
12th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of West Lancashire (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 5, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 4 of this Order shall come into force —
a
for the purpose for proceedings preliminary or relating to the election of parish councillors for the parish of Aughton to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
Article 6 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Up Holland to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
5
In this Order —
“district” means the district of West Lancashire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of West Lancashire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of West Lancashire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into 25 wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of West Lancashire
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Aughton
4
1
The existing wards of the parish of Aughton shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Christ Church, Delph, Holt, North East and Town Green; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Christ Church, Delph and Town Green parish wards shall be three, for the North East parish ward shall be two, and for the Holt parish ward shall be one.
Wards of the parish of Burscough
5
1
The existing wards of the parish of Burscough shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Burscough Town, Ellerbrook, New Lane, Red Cat, Richmond Park, Stanley and St John's; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Ellerbrook, Stanley and St John’s parish wards shall be three, for the Burscough Town parish ward shall be two, and for each of the New Lane, Red Cat and Richmond Park parish wards shall be one.
Wards of the parish of Up Holland
6
1
The existing wards of the parish of Up Holland shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Chequer Lane, Crawford, Hall Green, Newgate, Roby Mill, Tontine and Village; and the wards shall comprise the areas designated on sheet 9 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Newgate parish ward shall be three, for each of the Chequer Lane, Hall Green and Roby Mill parish wards shall be two, and for each of the Crawford, Tontine and Village parish wards shall be one.
Parish elections
7
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parish of Burscough shall be three years.
2
Elections of all parish councillors for the parishes of Burscough, Downholland and Great Altcar shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
The ordinary elections of parish councillors for the parish of Simonswood in 2002 shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
4
Elections of all parish councillors for the parish of Simonswood shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
5
Elections of all parish councillors for the parishes of Halsall, Hesketh-with-Becconsall and Rufford shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of any parish councillor to whom paragraphs (2), (4) and (5) of this article apply shall be four years; all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement; and the newly-elected councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parish of Simonswood as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
8
The District of West Lancashire (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport,Local Government and the Regions
3rd July 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Seeds (Fees) (Amendment) (England) Regulations 2001, shall extend to England and shall come into force on 17th August 2001.
Amendment
2
1
Schedule 2 to the Seeds (Fees) Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph A (Initial fees) —
a
in sub-paragraph (ii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and
b
after sub-paragraph (iii) the following wording shall be inserted —
iv
certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne.
9.10 (−)
3
In paragraph B (Crop inspection fee) —
a
for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and
b
after the words “field beans and field peas”, in the last place where they occur, the following wording shall be inserted —
or certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne
.
4
In paragraph C (Seed lot fee) —
a
in sub-paragraph (iii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and
b
after sub-paragraph (iv) the following wording shall be inserted —
ivA
certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne.
66.00 (−)
5
In paragraph D (Seed lot re-entry fee) —
a
in sub-paragraph (ii) for the words “(except field beans and field peas)” there shall be substituted the words “(except field beans, field peas, white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne)”; and
b
after sub-paragraph (iii) the following wording shall be inserted —
iiiA
certified seed of the first generation of white lupin, narrow-leaved lupin (blue lupin), yellow lupin, Hungarian vetch, common vetch, hairy vetch and lucerne.
46.20 (−)
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2001


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 and shall come into force on 11th July 2001.
2
The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 is hereby revoked.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“activity” includes a diving project;
“designated area” means any area designated by order under section 1(7) of the Continental Shelf Act 1964 and “within a designated area” includes over and under it;
“diving project” has the same meaning as it has in the Diving at Work Regulations 1997 save that it includes an activity in which a person takes part as a diver wearing an atmospheric pressure suit and without breathing in air or other gas at a pressure greater than atmospheric pressure;
“energy structure” means a fixed or floating structure, other than a vessel, for producing energy from wind or water;
“offshore installation” shall be construed in accordance with article 4(2) and (3) of this Order;
“the prescribed provisions of the 1974 Act” means sections 1 to 59 and 80 to 82 of the 1974 Act;
“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation;
“stand-by vessel” means a vessel which is is ready to give assistance in the event of an emergency on or near an offshore installation;
“territorial sea” means the territorial sea adjacent to Great Britain and “within the territorial sea” includes on, over and under it;
“vessel” includes a hovercraft and any floating structure which is capable of being staffed.
2
For the purposes of this Order, any structures and devices on top of a well shall be treated as forming part of the well.
Application of the 1974 Act outside Great Britain
3
1
The prescribed provisions of the 1974 Act shall, to the extent specified in the following articles of this Order, apply to and in relation to the premises and activities outside Great Britain which are so specified as those provisions apply within Great Britain.
2
The reference in paragraph (1) of this article to premises and activities includes a reference to any person, article or substance on those premises or engaged in or, as the case may be, used or for use in connection with any such activity, but does not include a reference to an aircraft which is airborne.
Offshore installations
4
1
The prescribed provisions of the 1974 Act shall apply within the territorial sea or a designated area to and in relation to —
a
any offshore installation and any activity on it;
b
any activity in connection with an offshore installation, or any activity which is immediately preparatory thereto, whether carried on from the installation itself, in or from a vessel or in any other manner, other than —
i
transporting, towing or navigating the installation; and
ii
any activity in or from a vessel being used as a stand-by vessel;
c
a diving project involving —
i
the survey and preparation of the sea bed for an offshore installation;
ii
the survey and restoration of the sea bed consequent on the removal of an offshore installation.
2
In this Order “offshore installation” means —
a
the fixed structures consisting of six towers referred to in the Schedule to this Order as NSR M-1, NSR R-1, NSR R-2, NSR R-3, NSR R-4 and NSR R-5 and settled on the sea bed at the locations specified in the Schedule and the related cables between each of those towers at sea bed level and the related cables which lie or extend outside the said locations; or
b
subject to paragraph (3) of this article, a structure which is, or is to be, or has been, used while standing or stationed in water, or on the foreshore or other land intermittently covered with water —
i
for the exploitation, or exploration with a view to exploitation, of mineral resources by means of a well;
ii
for the storage of gas in or under the shore or bed of any water or the recovery of gas so stored;
iii
for the conveyance of things by means of a pipe; or
iv
mainly for the provision of accommodation for persons who work on or from a structure falling within any of the provisions of this sub-paragraph,
together with any supplementary unit which is ordinarily connected to it, and all the connections.
3
Any reference in paragraph (2)(b) to a structure or unit does not include —
a
a structure which is connected with dry land by a permanent structure providing access at all times and for all purposes;
b
a well;
c
a structure which has ceased to be used for any of the purposes specified in paragraph (2)(b) of this article and has since been used for a purpose not so specified;
d
a mobile structure which has been taken out of use and is not yet being moved with a view to its being used for any of the purposes specified in paragraph (2)(b) of this article; and
e
any part of a pipeline.
Wells
5
1
Subject to paragraph (2) of this article, the prescribed provisions of the 1974 Act shall apply within the territorial sea or a designated area to and in relation to —
a
a well and any activity in connection with it; and
b
an activity which is immediately preparatory to any activity in sub-paragraph (a) above.
2
Paragraph (1) of this article includes keeping a vessel on station for the purpose of working on a well but otherwise does not include navigation or an activity connected with navigation.
Pipelines
6
1
The prescribed provisions of the 1974 Act shall apply within the territorial sea or a designated area to and in relation to —
a
any pipeline;
b
any pipeline works;
c
the following activities in connection with pipeline works —
i
the loading, unloading, fuelling or provisioning of a vessel;
ii
the loading, unloading, fuelling, repair and maintenance of an aircraft in a vessel, being in either case a vessel which is engaged in pipeline works.
2
In this article —
“pipeline” means a pipe or system of pipes for the conveyance of any thing, together with —
any apparatus for inducing or facilitating the flow of any thing through, or through part of, the pipe or system;
any apparatus for treating or cooling any thing which is to flow through, or through part of, the pipe or system;
valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding paragraphs;
apparatus for the transmission of information for the operation of the pipe or system;
apparatus for the cathodic protection of the pipe or system; and
a structure used or to be used solely for the support of a part of the pipe or system;
but not including a pipeline of which no initial or terminal point is situated in the United Kingdom, within the territorial sea adjacent to the United Kingdom, or within a designated area;
“pipeline works” means —
assembling or placing a pipeline or length of pipeline including the provision of internal or external protection for it;
inspecting, testing, maintaining, adjusting, repairing, altering or renewing a pipeline or length of pipeline;
changing the position of or dismantling or removing a pipeline or length of pipeline;
opening the bed of the sea for the purposes of the works mentioned in sub-paragraphs (a) to (c) of this definition, and tunnelling or boring for those purposes;
any activities incidental to the activities described in sub-paragraphs (a) to (d) of this definition;
a diving project in connection with any of the works mentioned in sub-paragraphs (a) to (e) of this definition or for the purpose of determining whether a place is suitable as part of the site of a proposed pipeline and the carrying out of surveying operations for settling the route of a proposed pipeline.
Mines
7
1
The prescribed provisions of the 1974 Act shall apply to and in relation to a mine within the territorial sea or extending beyond it, and any activity in connection with it, while it is being worked.
2
In this article “mine” has the same meaning as in the Mines and Quarries Act 1954 (“the 1954 Act ”).
3
For the purposes of this article a mine shall be treated as being worked when it is to be so treated for the purposes of the 1954 Act.
Other activities within the territorial sea
8
1
Subject to paragraph (2), the prescribed provisions of the 1974 Act shall apply within the territorial sea to and in relation to —
a
the construction, reconstruction, alteration, repair, maintenance, cleaning, use, operation, demolition and dismantling of any building, energy structure or other structure, not being in any case a vessel, or any preparation for any such activity;
b
the transfer of people or goods between a vessel or aircraft and a structure (including a building) mentioned in sub-paragraph (a) of this paragraph;
c
the loading, unloading, fuelling or provisioning of a vessel;
d
a diving project;
e
the construction, reconstruction, finishing, refitting, repair, maintenance, cleaning or breaking up of a vessel except when carried out by the master or any officer or member of the crew of that vessel;
f
the maintaining on a station of a vessel which would be an offshore installation were it not a structure to which paragraph (3)(d) of article 4 of this Order applies;
g
the operation of a cable for transmitting electricity from an energy structure to Great Britain;
h
the transfer of people or goods between a vessel or aircraft and a structure mentioned in sub-paragraph (f) of this paragraph.
2
This article shall not apply —
a
to a case where article 4, 5, 6 or 7 of this Order applies; or
b
to vessels which are registered outside the United Kingdom and are on passage through the territorial sea.
Legal proceedings
9
1
Proceedings for any offence under section 33 of the 1974 Act, being an offence to which that section applies by virtue of this Order, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in Great Britain.
2
Section 3 of the Territorial Waters Jurisdiction Act 1878 (which requires certain consents for the institution of proceedings) shall not apply to proceedings for any offence to which paragraph (1) of this article relates.
Miscellaneous provisions
10
The prescribed provisions of the 1974 Act shall apply in accordance with this Order to individuals whether or not they are British subjects, and to bodies corporate whether or not they are incorporated under the law of any part of the United Kingdom.
11
Nothing in this Order except article 9(2) of this Order shall be taken to limit or prejudice the operation which any Act or legislative instrument may, apart from this Order, have in the territorial sea or elsewhere.
A. K. Galloway
Clerk of the Privy Council