text:
Citation and commencement
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 and shall come into force —
a
for the purposes of the provisions specified in paragraph (2) and article 3(16) and Schedule 16, on 5th July 2004; and
b
for all other purposes on 1st April 2004.
2
The provisions specified in this paragraph are the following paragraphs of Schedule 1 to the Order —
a
paragraphs 2, 6(3), 7(3)(iii), 8, 14, 19(3)(c), 23(3)(b), 27, 29, 33(3)(b), 36, 37(b), 39, 44(3);
b
paragraph 45(3) in so far as it adds sub-paragraph (j) to regulation 3(1) of the Counter Fraud and Security Management Service Regulations 2003 ( ); and
c
paragraphs 47(3)(a)(iv), 50(3)(b), 52(3), 53(3) and 54(3)(a).
Extent and application
2
The extent and application of any amendment made under article 3 is the same as that of the provision amended.
Supplementary and Consequential amendments
3
1
The enactments specified in Schedule 1 are amended as there specified.
2
In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, after “National Health Service Trust”, or as the case may be “National Health Service trust”, “NHS Trust” or “NHS trust”, in each place where it occurs unless otherwise specified in Schedule 2, there is inserted “or NHS foundation trust”.
3
In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust”, or “NHS trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, NHS foundation trust”.
4
In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, after “National Health Service Trust” or as the case may be “National Health Service trust” or “NHS Trust”, in each place where it occurs unless otherwise specified in column 2, there is inserted “, an NHS foundation trust”.
5
In the enactments specified in column 1 of Schedule 5, in the provisions specified in column 2, for “or NHS trust” in each place where it occurs there is substituted “, NHS trust or NHS foundation trust”.
6
In the enactments specified in column 1 of Schedule 6, in the provisions specified in column 2, in each place where it occurs for “or an NHS trust” there is substituted “, an NHS trust or an NHS foundation trust”.
7
In the enactments specified in column 1 of Schedule 7, in the provisions specified in column 2, after the entry relating to a “National Health Service Trust” or as the case may be “national health service trust” there is inserted —
“NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003,
.
8
In the enactments specified in column 1 of Schedule 8, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position —
“NHS foundation trust” has the same meaning as in section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003;
.
9
In the enactments specified in column 1 of Schedule 9, in the provisions specified in column 2, after “1978” there is added —
“or an NHS foundation trust” within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003.
10
In the enactments specified in column 1 of Schedule 10, in the provisions specified in column 2, for the definition of “health service body” there is substituted —
“health service body” means —
a body listed in section 4 of the National Health Service and Community Care Act 1990;
an NHS foundation trust;
the Independent Regulator of NHS Foundation Trusts;
.
11
In the enactments specified in column 1 of Schedule 11, in the provisions specified in column 2, for the definition of “health service body” there is substituted —
“health service body” means —
a body listed in section 4 of the National Health Service and Community Care Act 1990;
an NHS foundation trust;
.
12
In the enactments specified in column 1 of Schedule 12, in the provisions specified in column 2, after “director” there is inserted “or governor,”.
13
In the enactments specified in column 1 of Schedule 13, in the provisions specified in column 2, for “a health service body” there is substituted “or, in the case of an NHS foundation trust the chairman, a governor or a non-executive director of, the health service body in question”.
14
In the enactments specified in column 1 of Schedule 14, in the provisions specified in column 2, for “a health service body” there is substituted, “or, in the case of an NHS foundation trust his chairmanship, governorship, or non-executive directorship of, the health service body in question”.
15
In the enactments specified in column 1 of Schedule 15, in the provisions specified in column 2, after “directors of,” there is inserted, “or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of ” .
16
In the enactments specified in column 1 of Schedule 16, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position —
“Independent Regulator of NHS Foundation Trusts” means the body corporate established by section 2 of the Health and Social Care (Community Health and Standards) Act 2003;
.
17
In the enactments specified in column 1 of Schedule 17, in the provisions specified in column 2, there is inserted —
5
In these Regulations, a reference to “NHS trust” shall be construed to include a reference to an NHS foundation trust within the meaning of section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003 where the application for authorisation to become an NHS foundation trust was made by an NHS trust.
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th March 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2004 and shall come into force on 30th August 2004.
2
In this Order —
“ the Act ” means the European Communities Act 1972;
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department; and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or government departments
2
1
For the purposes of section 2(2) of the Act, the Ministers specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister is designated by this Order in relation to any matter, for which any other Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matter specified in Schedule 2 to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland only.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
A. K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the Traffic Management Act 2004 (Commencement No.2) (England) Order 2004.
Commencement of provisions
2
The following provisions of the Traffic Management Act 2004 shall come into force as respects England on 4th January 2005:
a
Part 2; and
b
section 43(1), (2) and (4).
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
24th November 2004


text:
PART 1
Introduction
Title, application, commencement and interpretation
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (No. 2) Regulations 2004; they apply in relation to England only and come into force on 7th December 2004.
2
In these Regulations —
any expressions used have the meaning they bear in —
a
Council Directive 90/425/EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market) ; and
b
Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) ,
both of which have been amended by the legislation listed in Schedule 1;
“assembly centre” means holdings, collection centres and markets at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which are used in the course of intra-Community trade, and which are approved by the Secretary of State in accordance with regulation 12;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“dealer” means —
in the case of cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership; and
in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;
“European international instruments” means —
the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland ;
the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation ;
the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded ; and
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
“herd” or “flock” means a group of animals kept as an epidemiological unit;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority, and when used in relation to a person so appointed by the Secretary of State includes a veterinary inspector;
“local authority” means —
as respects each unitary authority, metropolitan district or non-metropolitan county, the council of that unitary authority, district or county;
as respects each London borough, the council of that borough, except in relation to imported live animals; and
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment;
“veterinary inspector” means a person appointed as a veterinary inspector by the Secretary of State.
3
A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Exception
2
1
Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
2
Where any person is accompanying and has under his responsibility more than five pets travelling together that —
a
are each of a species listed in Annex I to Regulation (EC) No. 998/2003 ; and
b
come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003 ,
these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description, or a particular case, that she, and not the local authority, shall discharge any duty imposed on a local authority under paragraph (1).
PART 2
Intra-Community Trade
Application of Part 2
4
This Part shall apply to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products) .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments in Part I of Schedule 3 unless —
a
it complies with the relevant provisions of those instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;
b
when required by such instrument, it is accompanied by —
i
an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or
ii
any other document required by the instrument;
c
when required by such instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and
d
if the animal is acquired through or transits an assembly centre, that centre has been approved by the Secretary of State in accordance with regulation 12 for the purposes of intra-Community trade and complies with the provisions of Article 11 of Council Directive 64/432/EEC .
2
If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation he may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
No person shall export to another member State any animal to which the provisions of Article 6, 7, 9 or 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC ) apply unless the animal originates from —
a
a holding that has been registered with the Secretary of State and the owner or person in charge of that holding has given to the Secretary of State undertakings in accordance with Article 4 of Council Directive 92/65/EEC ; or
b
a body, institute or centre that has been approved by the Secretary of State in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC .
5
No person shall export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Directive 90/539/EEC (on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs) applies unless they originate from an establishment that —
a
is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Secretary of State in accordance with Schedule 4 to these Regulations (such an establishment is to be considered an approved establishment for the purposes of Article 6(1)(a) of Directive 90/539/EEC ); and
b
conforms with the requirements of Annex II to Directive 90/539/EEC .
Imports
6
1
No person shall import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument (subject to any derogations specified in that Part) and with any additional requirements specified in that Part.
2
Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, shall comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves England, as the case may be.
3
Where cattle, pigs, sheep or goats are imported from another member State for slaughter in England and are taken to an assembly centre, the importer shall ensure that they are removed from the assembly centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the assembly centre, and in the case of cattle and pigs within 3 days of their arrival at the assembly centre.
4
Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.
5
Where an animal is imported from another member State for slaughter, other than an animal taken to an assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
6
If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the required consignment documentation.
3
In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 in accordance with Schedule 9 to that Order.
Dealers
8
1
Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade shall comply with Part III of Schedule 3.
2
Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the Secretary of State, shall register as such with the Secretary of State and shall give such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
The Secretary of State shall keep a register of dealers registered under paragraph (2).
4
Any person who has registered under paragraph (2) shall keep a record of —
a
all deliveries of animals; and
b
where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,
and shall keep such records for 12 months from the arrival of the consignment.
Approval of centres and teams for the purposes of Directive 92/65/EEC and laboratories for the purposes of Directive 90/539/EEC
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
4
The Secretary of State shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma infections required under Chapter III of Annex II to Council Directive 90/539/EEC .
5
The tests for Salmonella infections required under Chapter III of Annex II to Council Directive 90/539/EEC shall be carried out by laboratories authorised pursuant to article 2(1) of the Poultry Breeding Flocks and Hatcheries Order 1993 .
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into England from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC (on the zootechnical and genealogical conditions governing intra-Community trade in equidae) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector referred to in paragraph (1) shall be the inspector authorised by the Secretary of State to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12
1
Any person operating an assembly centre shall do so in accordance with this regulation.
2
The assembly centre shall be approved by the Secretary of State and given a number, and approval shall only be given if the Secretary of State is satisfied that- —
a
in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC ;
b
in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Directive 91/68/EEC ; and
c
the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC .
3
The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
4
Where animals are consigned to an assembly centre, the operator of the assembly centre shall —
a
ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC ; and
b
record on a register —
i
the name of the owner, the origin, date of entry and exit, number of the animals, and their proposed destination;
ii
the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre;
iii
in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii);
iv
in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and
v
in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii),
and shall preserve the register for a minimum of three years.
5
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 (a) or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC .
6
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Secretary of State to receive such notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose; or
b
by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
7
Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;
b
shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and
c
if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis, any other disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may serve a notice in accordance with paragraph (2) on the person appearing to him to be in charge of those animals or products.
2
The notice shall require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease into or within England; or
b
without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.
3
Subject to the provisions of paragraph (4) if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 , maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation; or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
4
If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (3) unless —
a
he has given the consignor, his representative or the person appearing to him to be in charge of those animals or products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and
b
the required consignment documentation has not been produced within that time.
5
In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART 3
Third Countries
Application of Part 3
14
1
This Part shall apply in respect of animals imported into England —
a
from anywhere other than a member State, and
b
from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Secretary of State shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal except from a country or territory specified under the instruments in Part I of Schedule 7.
3
No person shall import any animal to which an instrument in Part II of Schedule 7 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.
4
Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
5
In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.
6
The person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004 .
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004 .
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.
4
No person shall remove any animal from Customs temporary storage arrangements —
a
unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
b
to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
5
The person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004 .
6
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person appearing to him to be in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 shall apply as they apply at a border inspection post.
7
In the event of a notice served under paragraph (4) or (6) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post or the test results referred to in regulation 18(6) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to be in charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or
c
re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box `details of re-consignment' in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.
4
If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to be in charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
1
On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and he shall not release them until authorised in writing by an authorised officer of the Secretary of State.
2
Paragraph (2) does not apply in the case of animals being dispatched directly to a slaughterhouse.
3
Animals of species to which paragraph (2) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and he shall not release them unless authorised in writing by an authorised officer of the Secretary of State.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with, then the provisions of regulation 21 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART 4
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part 4
24
This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004 .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART 5
General
Outbreaks of disease in other states
27
1
This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state.
3
Such a declaration shall be published in such manner as the Secretary of State thinks fit.
4
Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
30
The consignor, his representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
31
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
32
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
33
1
A person contravening any provision of these Regulations, except the provisions contained in paragraph 6 of Part I of Schedule 4 and paragraph 2 of Part I of Schedule 5, or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 31(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
34
The provisions of the legislation listed in Schedule 8 shall not apply to imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies, or to imports of an animal to which an instrument in Schedule 7 applies from the country subject to that instrument, to the extent specified in column 3 of the table given in Schedule 8.
Revocations
35
The Animals and Animal Products (Import and Export) Regulations 2004 are revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
29th October 2004
We consent to the making of these Regulations.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd November 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the Scallop Fishing Order 2004 and shall come into force on 1st February 2004.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
3
Nothing in paragraph (2) shall prejudice the effect of section 14 of the Act in relation to, or for purposes incidental to, any provision which creates an offence.
Interpretation
2
1
In this Order —
“the Act” means the Sea Fish (Conservation) Act 1967;
“baselines” has the same meaning as in the Territorial Sea Act 1987 ;
“British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act, and in relation to Guernsey includes other fishing boats within the relevant definition as extended by the Sea Fish (Conservation) (Channel Islands) Order 1981 ;
“equivalent order” means any other order made under sections 1, 3 or 15 of the Act creating prohibitions similar to any of those in articles 3, 4, 5 and 6 of this Order and extending or applying to any part of the United Kingdom;
“ICES” followed by a roman numeral, a letter and a description shall be construed as a reference to the statistical sub-area of the International Council for the Exploration of the Sea with the same numeral, letter and description identified in the Schedule;
“Northern Ireland fishing boat” means a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;
“relevant British fishing boat” does not include a Northern Ireland fishing boat;
“scallop” means the species Pecten maximus;
“scallop dredge” means any appliance with a rigid framed mouth which is towed through the water and is manufactured, adapted, used or intended for use for the purpose of fishing for scallops.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Northern Ireland zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man; or
iv
the territorial sea adjacent to Jersey;
b
any reference to any relevant British fishing boat “wherever it may be” does not include a fishing boat in the territorial sea adjacent to Wales.
General restriction on scallop dredges
3
1
No British fishing boat shall carry or tow a scallop dredge within relevant British fishery limits unless that dredge meets all of the following criteria —
a
its frame does not exceed 85 centimetres in width in any part;
b
it includes a functioning, operational and moveable spring loaded tooth bar and a belly bar;
c
it does not contain any attachments to the rear, top or inside of the dredge;
d
it does not contain a diving plate or any other similar device; and
e
the total weight of the dredge including all fittings does not exceed 150 kilogrammes.
2
The prohibition in paragraph (1) does not apply to a fishing boat which does not retain any scallops on board and is —
a
in an area which is a production area for the purpose of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 ; or
b
on a voyage in which it only fishes for and retains on board seed mussel for relaying into such a production area.
3
In this article, belly rings, as described in article 4, and the fastenings which attach them to each other and to the frame do not count as attachments, and “tooth bar” and “belly bar” have the same meanings as in that article.
Specification of scallop dredges
4
1
No British fishing boat shall carry or tow a scallop dredge within relevant British fishery limits unless the dredge conforms to all of the following specifications —
a
where the dredge measures 80 centimetres or more in breadth, it shall not have —
i
more than 8 rows of belly rings hanging from the belly bar;
ii
more than 9 teeth on the tooth bar, where either —
aa
the fishing boat in question is not in the relevant area; or
bb
all of the teeth measure 12 millimetres or less;
iii
more than 8 teeth on the tooth bar, where —
aa
the fishing boat in question is in the relevant area; and
bb
any of the teeth measure more than 12 millimetres;
b
where the dredge measures less than 80 centimetres in breadth, it shall not have —
i
more than 6 rows of belly rings hanging from the belly bar; or
ii
more than 6 teeth on the tooth bar;
c
it shall not contain more than 1 row of belly rings hanging from either side of the dredge perpendicular to the rings which hang from the belly bar;
d
each tooth on the tooth bar shall not measure more than —
i
22 millimetres where the dredge measures 80 centimetres or more in breadth; or
ii
12 millimetres where the dredge measures less than 80 centimetres in breadth.
2
In this article —
a
a row of belly rings is a line of single interconnecting rings, where the ring at one end of the line hangs either from the belly bar or from the main structure of the dredge perpendicular to the belly bar;
b
a belly bar is the bar attached to the frame of the dredge which runs parallel to the tooth bar and from which most of the belly rings ultimately hang;
c
a tooth bar is the bar to which are attached teeth, the ends of which point downwards and are dragged along the sea bed when the dredge is towed;
d
the size of a tooth shall be its maximum width measured in the direction of the line of the tooth bar;
e
“the relevant area” means the part of ICES division VII a which is north of the line 52° 30− N, and all of ICES division VII d.
Restriction on number of scallop dredges
5
No British fishing boat shall, at any one time, tow more than 8 scallop dredges on each side of the boat when within relevant British fishery limits in the sea adjacent to the United Kingdom out to a line drawn 6 nautical miles from baselines.
Carriage of undersized scallops
6
For the purposes of section 1(3) of the Act, the minimum size for scallops that may be carried by a British fishing boat in ICES division VII d is 110 millimetres.
Measurement of scallops
7
For the purposes of article 6, the size of a scallop shall measured in accordance with paragraph 6 of Annex XIII to Council Regulation ( EC ) No 850/98 for the conservation of fishery resources through technical measures for the protection of juvenile marine organisms as last amended by Council Regulation (EC) No 973/2001 .
Powers of British sea-fishery officers
8
1
For the purposes of enforcing this Order or any equivalent order, a British sea fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any other British fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order or any equivalent order as read with the Act and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under the Act as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of any provision of this Order has at any time taken place, he may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
9
The Undersized Scallops (West Coast) Order 1984 is revoked in so far as it applies within relevant British Fishery limits.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
7th January 2004
Paul Murphy
Secretary of State for Northern Ireland
8th January 2004


text:
Citation
1
These Regulations may be cited as the Regulation of Investigatory Powers (Conditions for the Lawful Interception of Persons outside the United Kingdom) Regulations 2004.
Commencement
2
1
These Regulations shall come into force —
a
if the United Kingdom is one of the first eight Member States of the European Union to ratify the Convention on Mutual Assistance in Criminal Matters established by Council Act of 29th May 2000 (2000/C197/01) (“the Convention”), 90 days after the day on which the eighth Member State ratifies; or
b
otherwise, 90 days after the day on which the United Kingdom ratifies the Convention.
2
For the purposes of paragraph (1) —
a
a Member State ratifies the Convention when it notifies the Secretary-General of the Council of the European Union of the completion of its constitutional procedures for the adoption of the Convention, in accordance with Article 27(2) of the Convention;
b
the reference to a “Member State” is only to a state that was a Member State on 29th May 2000.
Conditions for the lawful interception of persons outside the United Kingdom
3
For the purposes of section 4(1)(d) of the Regulation of Investigatory Powers Act 2000, the following conditions are prescribed —
a
the interception is carried out for the purposes of a criminal investigation;
b
the criminal investigation is being carried out in a country or territory that is party to an international agreement designated for the purposes of section 1(4) of that Act.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
27th January 2004


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 2004 and shall come into force on 21 st July 2004.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Amendment of the Offshore Installations (Safety Zones) (No. 2) Order 2004
3
In the Schedule to the Offshore Installations (Safety Zones) (No. 2) Order 2004 , for “57° 29.42'” in column 2 there shall be substituted “59° 29.42'”.
Jane Kennedy
Minister of State,
Department for Work and Pensions
30th June 2004


text:
Citation and Interpretation
1
1
This Order may be cited as the Civil Contingencies Act 2004 (Commencement No.1) Order 2004.
2
In this Order, “ the Act ” means the Civil Contingencies Act 2004.
Commencement dates
2
1
The day appointed for the coming into force of the provisions of the Act specified in paragraph (2) is 10th December 2004.
2
The provisions in this paragraph are —
a
Part 2 (sections 19 to 31);
b
section 32(1) in so far as it relates to Part 2 of Schedule 2;
c
Part 2 of Schedule 2;
d
section 32(2) in so far is it relates to the repeal of Emergency Powers Act 1920 and the Emergency Powers Act (Northern Ireland) 1926 ;
e
Schedule 3, insofar as it relates to the Emergency Powers Act 1920 and the Emergency Powers Act (Northern Ireland) 1926.
3
The day appointed for the coming into force of the provisions of the Act specified in paragraph (4) is 19th January 2005.
4
The provisions in this paragraph are —
section 32(1) in so far as it relates to Part 3 of Schedule 2;
a
Part 3 of Schedule 2.
Ruth Kelly
Minister for the Cabinet Office
9th December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2004 and come into force on 1st October 2004.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2004.
2
The Gaming Duty (Amendment) Regulations 2002 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 :
Table
Part of gross gaming yield Rate
The first £258,250 2.5 per cent. The next £573,250 12.5 per cent. The next £573,250 20 per cent. The next £1,003,750 30 per cent. The remainder 40 per cent.
Michael Hanson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
31st August 2004


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Motor Vehicles (Evidence of Test Certificates) Regulations 2004 and shall come into force on 1st September 2004.
2
The Motor Vehicles (Production of Test Certificates) Regulations 1969 are hereby revoked.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Road Traffic Act 1988; and
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 .
Application for vehicle licence for a vehicle to which section 47 of the 1988 Act applies
3
Where an application is made under the 1994 Act for a vehicle licence for a vehicle to which section 47 of the 1988 Act applies, the licence shall not be granted unless one of the following conditions is satisfied —
a
an effective test certificate is produced;
b
records maintained under section 45(6B) of the 1988 Act provide evidence of the granting of an effective test certificate;
c
the applicant makes a declaration in the form specified in the Schedule to these Regulations or a form to the like effect; or
d
in the case of an application relating to a vehicle to which section 47 applies by virtue of subsection (2)(b) of that section, the owner of the vehicle declares in writing the year in which the vehicle was manufactured, and the period of three years from the date of manufacture has not expired.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
19th July 2004


text:
Citation, commencement, transitional provision and interpretation
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Promoters, Prescribed Circumstances and Information) (Amendment) Regulations 2004.
2
These Regulations shall come into force on 14th October 2004.
3
In any case where the latest time at which a person would by virtue of regulation 4(5A) of the Information Regulations , be required to provide information to the Board under section 310 of the Finance Act 2004 would be earlier than 19th November 2004, the latest time at which that information shall be required to be provided shall instead be 19th November 2004.
4
In these Regulations —
“the Information Regulations” means the Tax Avoidance Schemes (Information) Regulations 2004 ; and
“the Promoters Regulations ” means the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 .
Amendment of the Promoters Regulations
2
At the end of the Promoters Regulations add —
Persons not to be treated as promoters: legal professional privilege
6
A person is not to be treated as a promoter in relation to a notifiable proposal or notifiable arrangements where his involvement with the proposal or arrangements is such that he is not required to provide all of the information prescribed in paragraph (1) or (2) (as the case may be) of regulation 3 of the Tax Avoidance Schemes (Information) Regulations 2004 by virtue of section 314 (legal professional privilege).
.
Amendment of the Information Regulations
3
1
Regulation 4 of the Information Regulations is amended as follows.
2
At the end of paragraph (5) add —
This is subject to the following qualification.
.
3
After paragraph (5) insert —
5A
In the case of a notification under section 310 which arises by virtue of the application of regulation 6 of the Tax Avoidance Schemes (Promoters and Prescribed Circumstances) Regulations 2004 (persons not to be treated as promoters: legal professional privilege), the prescribed time is any time during the period of 5 days beginning with the day after the day on which the person enters into the first transaction forming part of the notifiable arrangements.
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
7th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Advertising) Amendment Regulations 2004 and shall come into force on the 30 th June 2004.
Amendment of the Medicines (Advertising) Regulations 1994
2
The Medicines (Advertising) Regulations 1994 shall be amended as follows —
a
in regulation 6 (prohibition of advertisements referring to specified diseases) —
i
in paragraph (1), omit “paragraph (2) and to”, and
ii
omit paragraph (2); and
b
for Schedule 1 substitute —
SCHEDULE 1
DISEASES IN RESPECT OF WHICH ADVERTISEMENTS TO THE PUBLIC ARE PROHIBITED
Chronic insomnia
Diabetes and other metabolic diseases
Malignant diseases
Serious infectious diseases including HIV-related diseases and tuberculosis
Sexually transmitted diseases.
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
27th May 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
4th June 2004


text:
1
This Order may be cited as the Value Added Tax (Imported Gas and Electricity) Relief Order 2004 and shall come into force on 1st January 2005 in relation to goods imported on or after that date.
2
The VAT chargeable on the importation from a place outside the member States of —
a
gas through the natural gas distribution network, or
b
electricity,
shall not be payable.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Firefighters' Pension Scheme (England and Scotland) Order 2004.
2
This Order shall come into force on 1st October 2004.
3
This Order applies in England and in Scotland only .
Interpretation
2
In this Order, “the Scheme” means the scheme established under section 26 of the Fire Services Act 1947 (Firemen’s Pension Scheme) and set out in the Firemen’s Pension Scheme Order 1992 .
Preservation of existing pension scheme
3
1
Notwithstanding the repeal of section 26 of the Fire Services Act 1947, the Scheme shall continue in force.
2
The provisions of the enactments listed in the Schedule to this Order shall continue to have effect for the purposes of the Scheme as if they had not been amended or repealed, as the case may be, by the Fire and Rescue Services Act 2004.
Change of scheme name
4
1
The new name of the Scheme shall be the “Firefighters' Pension Scheme”.
2
Any reference to the Scheme in any enactment, instrument or other document (including the Scheme itself) shall be construed as a reference to the Scheme by its new name.
Signed by the authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
7th September 2004