text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 8) Regulations 2001; they extend to England and come into force on 16th June 2001.
2
These Regulations shall apply until midnight on 20th July 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/356/ EC of 4th May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area;
“export” means export outside the British Islands;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Import and export of live animals
3
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another Member State.
Export of fresh meat
4
1
No person shall despatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from cutting plants under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the productions and marketing of meat products and certain other products of animal origin ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat );
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for dispatch.
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;
ii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations);
iii
the plant is operated under strict veterinary control; and
iv
the meat, minced meat and meat preparations are clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch.
4
Meat, minced meat or meat preparations consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of meat products
5
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1st February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
6
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidease test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 to Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk with conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products
7
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6;
c
milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and
d
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in the establishments under the following conditions —
i
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the restricted area;
iii
the establishment shall be under strict veterinary control; and
iv
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1st February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, etc.
8
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos —
a
produced before 1st February 2001; or
b
imported into the United Kingdom in accordance with the conditions laid down in Council Directive 88/407/EEC and 89/556/EEC respectively, and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine semen consigned to another member State shall bear the following words —
“Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species accompanying bovine embryos consigned to another member State shall bear the following words —
“Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of hides and skins
9
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either.
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Council Directive 92/118/EEC .
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Dispatch of animal products
10
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treament in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex 1 to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of Chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 12 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraph (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 12.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” of “for laboratory use only”.
Exemptions
11
The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to —
a
products produced or packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commecial document or official certificate as required by these Regulations.
Endorsement of commercial documents
12
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulatons and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Third country certificates
13
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of Equidae
14
1
Any person exporting equidae to another Member State shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
A veterinary inspector shall only issue a certificate referred to in paragraph (1) if —
a
he is satisfied that the animal has not come from a holding in relation to which a notice in Form A has been served in accordance with article 5(1) of the Foot-and-Mouth Disease Order 1983 (“the 1983 Order ”);
b
he has inspected the animal and is satisfied that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected to his satisfaction; and
c
the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A has been served in accordance with article 5(1) of the 1983 Order.
3
The health certificate accompanying equidae exported to another Member State in accordance with the provisions of this article shall bear the following words:
“Equidae conforming to Commission Decision 2001/356/EC of 4th May 2001, concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.”
4
Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae.
Powers of inspectors
15
1
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, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, 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 these Regulations, 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
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
16
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
17
1
Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked in further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Obstruction
18
1
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 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.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
19
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 of 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) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
20
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 18(1)(a) or (b) above 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.
Certificates, etc. issued in Northern Ireland, Wales or Scotland
21
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State or the Minister, an equivalent certificate, licence or approval issued in Northern Ireland, Wales or Scotland by the relevant competent authority is valid.
Enforcement
22
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocation
23
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) Regulations 2001 are revoked.
Elliot Morley,
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
15th June 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Education (School Attendance Targets) (England) (Amendment) Regulations 2001, and shall come into force on 1st January 2002.
2
These Regulations apply only in relation to England.
Amendment
2
The Education (School Attendance Targets) (England) Regulations 1999 shall be amended as follows.
3
In regulation 3(1) (Duty to set school attendance targets), for “of the three school years” there shall be substituted “school year specified in the notice”.
4
In regulation 4 (Notice by the Secretary of State) —
a
in paragraph (1)(b), for “of the three school years” there shall be substituted “school year specified in the notice;
b
in paragraph (2)(b), for “of the three school years” there shall be substituted “school year specified in the notice”.
5
In regulation 5(1) (Condition precedent) the words “by at least 3 percentage points” shall be deleted.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
27th November 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations shall apply in relation to England.
Revocations
2
The Regulations specified in Schedule 1 to these Regulations are hereby revoked.
Interpretation
3
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“appeal body” means the appeal body under regulation 6;
“appropriate body” means the appropriate body under regulation 5;
“ authority ” means a local education authority;
“core subject” means a subject referred to in section 354(1) of the 1996 Act;
“foundation subject” means a subject referred to in section 354(1) or (2) of the 1996 Act;
“governing body” in relation to a sixth form college has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 ;
“graduate teacher” means a person employed in a school in accordance with Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
“head teacher” includes the principal of a sixth form college;
“induction period” means an induction period required by these Regulations;
“institution” means a relevant school, an independent school or a sixth form college in which an induction period may be served under these Regulations, as the context requires;
“key stage” has the same meaning as in section 355(1) of the 1996 Act;
“non-maintained special school” means a special school which is neither a community special school nor a foundation special school;
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ;
“registered teacher” means a person employed in a school in accordance with Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999;
“relevant school” has the same meaning as in section 19(10)(b) of the Teaching and Higher Education Act 1998;
“school session” has the same meaning as in regulations 3 and 4 of the Education (School Day and School Year) (England) Regulations 1999 ;
“school term” includes a term of a sixth form college;
“school year” includes the academic year of a sixth form college;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;
“special school” has the same meaning as in section 337(1) of the 1996 Act;
“supply teacher” means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them; and
“working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
Any reference in these Regulations to —
a
a numbered regulation or schedule is a reference to the regulation or schedule bearing that number in these Regulations;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or schedule in which the reference appears; and
c
a numbered sub-paragraph is a reference to the sub-paragraph bearing that number in the paragraph in which the reference appears.
Breach of time limits
4
Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
Appropriate body
5
For the purpose of these Regulations —
a
the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act) is the authority maintaining it;
b
the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated;
c
the appropriate body in relation to an independent school is —
i
an authority, or
ii
such persons or body as the Secretary of State may determine, which persons or body shall include as a member a representative of an authority; and
d
the appropriate body in relation to a sixth form college is an authority.
Appeal body
6
1
In these Regulations “appeal body” means —
a
in relation to an appeal against a decision of the appropriate body falling within regulation 16(3)(b) or (c) where the induction period ends on or before 30th June 2001, the Secretary of State; and
b
in all other cases, the General Teaching Council for England.
2
In paragraph (1) “induction period” includes an induction period which has been extended following its completion in accordance with regulation 16(3)(b), regulation 19(3)(c) or regulation 19(4)(c) so that the period as extended ends on or before 30th June 2001.
Requirement to serve an induction period
7
Subject to the exceptions in Schedule 2, no person shall be employed on or after 1st September 2001 as a teacher at a relevant school unless he has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school or sixth form college to which regulation 8(1) refers.
Schools in which an induction period may be served
8
1
Subject to sub-paragraph (2) an induction period may only be served in —
a
a relevant school in England; or
b
in the circumstances prescribed in paragraph (3) an independent school in England; or
c
in the circumstances prescribed in paragraph (4) a sixth form college.
2
An induction period may not be served in —
a
a school in respect of which the circumstances described in section 15(6)(a) to (c) of the 1998 Act apply, unless —
i
the person in question began his induction period or was employed as a graduate teacher or a registered teacher at the school at a time when such circumstances did not apply, or
ii
one of Her Majesty’s Inspectors of Schools in England has certified in writing that he is satisfied that the school is fit for the purpose of providing induction supervision and training; or
b
a pupil referral unit.
3
The circumstances in which a person may serve an induction period in an independent school are —
a
in the case of a person who is employed to teach pupils at the third or fourth key stage, the curriculum of the school for pupils at those key stages includes all the core and other foundation subjects specified in relation to the third and fourth key stages in section 354(2) of the 1996 Act which such person is employed to teach; and
b
in all cases, the curriculum for all registered pupils at the first and second key stages meets the requirements of section 353 of the 1996 Act (the National Curriculum), other than the requirements of paragraph (c) of that section (assessment arrangements); and
c
in all cases, before the start of the induction period the proprietor of the school and either an authority or the persons or body determined by the Secretary of State under regulation 5(c) have agreed that the authority or the persons or body, as the case may be, shall act as the appropriate body in relation to the school.
4
A person may serve an induction period in a sixth form college where —
a
before the start of the induction period, or
b
in the case of an induction period starting before 1st November 2000, before 1st November 2000,
the governing body of the college and an authority have agreed that the authority shall act as the appropriate body in relation to the college.
5
In this regulation, “induction period” includes a part of an induction period.
Length of an induction period
9
1
The length of an induction period for a person in full-time service as a teacher is —
a
in the case of an induction period served wholly in a school, a sixth form college or in 2 or more such institutions at which a school year consists of 3 school terms, 3 school terms;
b
in the case of an induction period served wholly in a school, a sixth form college or in 2 or more such institutions at which the school year consists of 4 school terms, 4 school terms;
c
in the case of an induction period served wholly in a school, a sixth form college or in 2 or more such institutions at which the school year consists of 5 school terms, 5 school terms; and
d
in all other cases, 1 year.
2
The length of an induction period for a person in part-time service as a teacher in a school, or in 2 or more schools is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 378 school sessions.
3
The length of an induction period for a person in part-time service as a teacher in a sixth form college, in 2 or more sixth form colleges or in a combination of 1 or more schools and sixth form colleges is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 189 working days falling in term time.
4
A person has completed an induction period for the purposes of these Regulations when he has served —
a
an induction period of the length specified in paragraph (1), (2) or (3) (as the case may be) discounting periods of employment which do not count towards an induction period under regulation 10; and
b
any extended period under regulation 11.
5
Where a person serving an induction period is employed in 2 or more schools simultaneously, the length of his induction period shall be determined in accordance with regulation 9(2).
6
Where a person serving an induction period is employed in 2 or more sixth form colleges simultaneously or in a combination of 1 or more schools or sixth form colleges simultaneously, the length of his induction served shall be determined in accordance with regulation 9(3).
Periods of employment counting towards an induction period
10
1
Subject to paragraph (3) any period of employment on or after 1st September 1999 as a qualified teacher in a school to which regulation 8(1) applies of not less than 1 school term in duration counts towards an induction period.
2
Subject to paragraph (3) any period of employment on or after 1st September 2000 as a qualified teacher in a sixth form college to which regulation 8(1) applies of not less than 1 term in duration counts towards an induction period.
3
No period of engagement as a supply teacher counts towards an induction period unless the head teacher of the school or sixth form college so agrees before the start of such period.
4
Except as provided for in paragraphs (1) or (2) no period of employment as a teacher counts towards an induction period.
Extension of an induction period before completion
11
1
Subject to paragraph (2) where a person serving an induction period is absent from work for an aggregate period of 30 or more working days falling in term time in an induction period, his induction period shall be extended by the aggregate period of his absences.
2
Paragraph (1) does not apply where a person is absent from work by reason of the maternity leave period specified in regulation 7(1) of the Maternity and Parental Leave etc Regulations 1999 unless she so chooses.
3
Where 5 or more years have passed since a person started his induction period, and that person has not completed his induction period, he may with the agreement of the appropriate body choose to extend his induction period —
a
in the case of a teacher in full-time service by a period not exceeding the appropriate period specified in regulation 9(1); or
b
in the case of a teacher in part-time service by a period not exceeding the period specified in regulation 9(2) or (3).
4
Except as provided for in this regulation an induction period may not be extended before its completion.
Service of more than one induction period
12
Except as provided for in regulations 16 or 19, no person may serve more than one induction period.
Supervision and training during the induction period
13
1
The head teacher of a school or sixth form college in which a person serves an induction period and the appropriate body in relation to that school or sixth form college shall be responsible for his supervision and training during the induction period.
2
The duties assigned to a person serving an induction period, his supervision and the conditions under which he works shall be such as to facilitate a fair and effective assessment of his conduct and efficiency as a teacher.
Responsibility for an induction period served by a teacher employed in two or more institutions simultaneously
14
1
Where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of all the institutions shall agree which of them shall act as the lead head teacher.
2
The lead head teacher shall be solely responsible for carrying out the functions of the head teacher specified in regulations 13 and 16(2).
3
The appropriate body in relation to the lead head teacher’s school or sixth form college shall be solely responsible for carrying out the functions of the appropriate body specified in regulations 11(3), 13 and 16.
Standards for determining whether a person has satisfactorily completed an induction period
15
The Secretary of State may determine the standards against which persons who have completed an induction period shall be assessed for the purpose of deciding whether they have satisfactorily completed their induction period, and he may determine different standards in relation to different categories of persons.
Completion of an induction period
16
1
This regulation applies where a person has completed an induction period.
2
The head teacher of the school or sixth form college at which he is employed at the completion of his induction period shall not later than the end of the period of 10 working days beginning with the date on which he completed his induction period —
a
make a written recommendation to the appropriate body as to whether he has achieved the standards mentioned in regulation 15, and
b
at the same time send a copy of such recommendation to him.
3
The appropriate body shall not later than the end of the period of 20 working days beginning with the date on which it received the head teacher’s recommendation under paragraph (2) decide whether he —
a
has achieved the standards mentioned in regulation 15 and has accordingly satisfactorily completed his induction period; or
b
should have his induction period extended by such period as it determines; or
c
has failed satisfactorily to complete his induction period.
4
Before making a decision under paragraph (3) the appropriate body shall have regard to any written representations received from the person in question no later than the end of the period of 10 working days beginning with the date on which it received the head teacher’s recommendation under paragraph (2).
5
The appropriate body shall not later than the end of the period of 3 working days beginning with the date on which it made a decision under paragraph (3) —
a
give written notice of its decision to —
i
him,
ii
the head teacher of the school or sixth form college at which he was employed at the completion of his induction period,
iii
if he is not employed by the appropriate body, his employer,
iv
the General Teaching Council for England, and
v
the Department for Education and Skills; and
b
if the appropriate body made a decision falling within paragraph (3)(b) or (c), give him written notice of —
i
his right to appeal against the decision,
ii
the name and address of the appeal body, and
iii
the time period for making an appeal.
6
Notice under paragraph (5) may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method shall be regarded as given when it is received in legible form.
Extension of an induction period pursuant to a decision of the appropriate body or appeal body
17
Regulations 8, 10 to 16, 18 and 19 and Schedule 3 apply in relation to a person serving an induction period extended following its completion by a decision of the appropriate body under regulation 16 or of the appeal body under regulation 19.
Termination of employment following failure to complete an induction period satisfactorily
18
1
This paragraph applies to a person employed as a teacher at a relevant school who has failed satisfactorily to complete his induction period.
2
The employer of a person to whom paragraph (1) applies shall secure the termination of his employment as a teacher if —
a
he does not appeal to the body against the decision of the appropriate body; or
b
his appeal to the appeal body is dismissed.
3
An employer shall take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect no later than the end of the period of 10 working days beginning with the date on which —
a
the employer received written notification from such person that he did not intend to appeal to the appeal body; or
b
the time limit for appeal imposed by the paragraph 2(1) of Schedule 3 expired.
4
The employer shall take the steps necessary to secure the termination of a person’s employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect not later than the end of the period of 10 working days beginning with the date on which the employer received written notice of the outcome of the appeal hearing.
5
The employer of a person —
a
to whom paragraph (1) applies, and
b
who appeals to the appeal body against the decision of the appropriate body, is not obliged to secure the termination of such person’s employment as a teacher pending the outcome of that appeal provided such employer secures that the person only undertakes such limited teaching duties as the Secretary of State may determine.
Appeals
19
1
Where the appropriate body decides that a person —
a
should have his induction period extended; or
b
has failed satisfactorily to complete his induction period, that person may appeal to the appeal body against the decision.
2
Schedule 3 has effect in relation to appeals under this regulation.
3
Where a person appeals against a decision that he should have his induction period extended, the appeal body may —
a
allow the appeal;
b
dismiss the appeal; or
c
substitute a different period of extension.
4
Where a person appeals against a decision that he has failed satisfactorily to complete his induction period, the appeal body may —
a
allow the appeal;
b
dismiss the appeal; or
c
extend the induction for such period as it thinks fit.
Other functions of the appropriate body
20
The appropriate body may provide —
a
guidance, support and assistance to schools and sixth form colleges; and
b
training for teachers in connection with providing induction training, supervision and assessment under these Regulations.
Charges
21
An appropriate body in relation to an independent school or sixth form college may make a reasonable charge not exceeding the cost of provision of the service to the governing body of a school or sixth form college for which it is the appropriate body in connection with any of its functions under these Regulations.
Guidance given by the Secretary of State
22
A person or body exercising a function under these Regulations shall have regard to any guidance given by the Secretary of State from time to time as to the exercise of that function.
Grants for education and training
23
References to “eligible expenditure” in section 484 of the 1996 Act includes expenditure incurred by an authority in respect of their functions under these Regulations.
Stephen Timms
Minister of State,
Department for Education and Skills
10th August 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001; it extends to England and comes into force at 6.00 pm on 28th March 2001.
Ascertainment of value of an animal
2
1
For the purposes of paragraph 3(2) of Schedule 3 to the Animal Health Act 1981 the value of an animal slaughtered by the Minister because of foot-and-mouth disease shall be in accordance with this article and not the Diseases of Animals (Ascertainment of Compensation) Order 1959 .
2
In this article, “standard value” means in respect of any animal of a category in the Schedule, the amount set out for that animal in the Schedule.
3
If the owner of an animal does not wish to have that animal valued by a valuer, the value for that animal is the standard value.
4
Where the owner of an animal —
a
decides that he wishes to have the animal valued by a valuer; or
b
has not expressed any wish under paragraph (3) or (4)(a) in respect of an animal liable to be slaughtered at the direction of the Minister prior to the slaughter of that animal,
the value of the animal is the amount determined in writing by a valuer appointed by the Minister.
5
The valuer shall be paid by the Minister.
6
If, within 14 days after the owner has received the valuation made in accordance with paragraph (4), he has not given notice in writing that he disputes that valuation, he shall be deemed to have accepted that valuation.
7
Where the owner has given notice in accordance with paragraph (6) he may either —
a
accept the standard value; or
b
refer the question of the value of the animal to an arbitrator appointed jointly by the Minister and the owner of the animal, or failing such appointment, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.
8
Liability for the costs of the arbitrator shall be determined by the arbitrator.
9
Once the value of the animal has been determined in accordance with paragraph 4, nothing in this article shall authorise any delay in the slaughtering of animals pursuant to the powers of the Minister under section 31 of, and Schedule 3(1) to, the Animal Health Act 1981.
Revocation
3
The Foot-and-Mouth Disease (Ascertainment of Value) (No. 3) Order 2001 is revoked.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
3:59pm on 28th March 2001


text:
Citation and commencement
1
This Order may be cited as The Community Health Services, Southern Derbyshire National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Community Health Services Southern Derbyshire National Health Service Trust established by The Community Health Services Southern Derbyshire Community National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
22nd March 2001


text:
Citation, commencement and effect
1
These Regulations may be cited as the General Insurance Reserves (Tax) Regulations 2001 and shall come into force on 29th May 2001, and shall have effect for periods of account of general insurers —
a
beginning on or after 1st January 2001, and
b
ending on or after 29th May 2001.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“controlled foreign company” has the meaning in Chapter IV of Part XVII of the Income and Corporation Taxes Act 1988 (“the Taxes Act ”);
“Schedule 9A” means Schedule 9A to the Companies Act 1985 ;
“section 107” means section 107 of the Finance Act 2000;
other references to a section, without more, are to that section of the Taxes Act; and
“statutory accounts”, in relation to a company other than an underwriting member, has the meaning given by section 86(8)(a) and (c) to (e) of the Finance Act 1996 .
2
References to a company being connected with another company shall be construed in accordance with section 839(5) to (7).
Recalculation of technical provisions for the purposes of section 107
3
1
This regulation and regulation 4 apply for determining for the purposes of section 107 whether an amount representing the whole or part of the technical provisions made and taken into account in computing for tax purposes the profits of a general insurer other than an underwriting member (see regulation 7(2)) for a period of account was excessive or insufficient, and the amount of the excess or deficiency.
2
In the following provisions of this regulation and regulation 4 —
“the balance sheet date” means the end of the earlier period of account (as the latter expression is defined in paragraph (3));
“the recalculation date” means the end of the later period of account (as the latter expression is defined in paragraph (3)); and
“taken into account” means taken into account in computing for tax purposes the profits of the general insurer’s trade for the relevant period of account;
and expressions which are used in Schedule 9A have the same meanings as in that Schedule.
3
As at the end of each period of account which begins on or after 1st January 2001 (and the period which is relevant to the calculation in question is referred to as “the later period of account”), recalculate the provisions for claims outstanding made and taken into account for each earlier period of account which —
a
began on or after 1st January 2000, and
b
ended not more than 10 years before the recalculation date,
separately for each such period (and the earlier period which is relevant to the calculation in question is referred to as “the earlier period of account”). The recalculation shall be made in accordance with the following rules.
Rule 1
1.1
Subject to regulation 5, the calculation under Rules 2 to 9 shall be carried out in sterling, and the sterling discount rate in paragraph (a) of Rule 5.4. shall apply.
Rule 2
2.1
Find out the amount of the provisions for claims outstanding made and taken into account for the earlier period of account which —
a
where the earlier period of account is either —
i
the general insurer’s first period of account which began on or after 1st January 2000, or
ii
the general insurer’s first period of account which ended not more than 10 years before the recalculation date,
was provision which was made and taken into account for that period, or
b
in any other case, was provision made and taken into account for that period for liabilities which (according to their treatment in the statutory accounts of the general insurer) arose in respect of that period.
2.2
The result of this Rule is referred to as “the original provisions for the earlier period of account”.
Rule 3
3.1
In relation to the original provisions for the earlier period of account, find out (subject to Rule 4) the cost of settling the liabilities to which the provisions relate, including the amount of —
a
claims paid (gross amount, less reinsurer’s share), between the balance sheet date and the recalculation date, (calculated in accordance with Note 4 on the profit and loss account format in section B of Chapter I of Part I of Schedule 9A, but as if the references to the addition and deduction of provisions for claims were omitted),
b
bonuses and rebates (if any), net of reinsurance (calculated in accordance with Note 5 on that profit and loss account format),
c
premiums (if any) paid, or treated as paid, between the balance sheet date and the recalculation date, under a reinsurance to close contract or qualifying contract, and
d
provisions (if any) for claims outstanding, net of reinsurance, which are carried forward as at the recalculation date (calculated in accordance with paragraphs 43 and 47 of Schedule 9A), and which are taken into account for the later period of account.
3.2
Any such payment, bonus, rebate, deemed payment or provision is referred to in Rule 5 (except in paragraph (a) of Rule 5.2.) as a “liability”.
Rule 4
4.1
This Rule applies where, on or after the date on which these Regulations come into force —
a
a general insurer which is a company (“the general insurer”) enters into a qualifying contract, other than a reinsurance to close contract, with another person (“the reinsurer”), and
b
i
the general insurer and the reinsurer are connected companies, or
ii
in any other case, the qualifying contract is or forms part of a transaction or series of transactions, as a result of which a company connected with the general insurer (“the connected company”) directly or indirectly agrees to meet a liability of the general insurer, or any further liability representing that liability, through any number of such agreements (“the replacement agreements”), and
c
in a case falling within paragraph (b)(i) above the reinsurer, or in a case falling within paragraph (b)(ii) above the connected company, is neither —
i
within the charge to corporation tax in respect of income arising from the qualifying contract, or from the relevant replacement agreement, as the case may be, if or assuming that there were such income (within the meaning in section 832(1)), nor
ii
a controlled foreign company, in relation to which paragraph (a) of section 748(1) applies to, or an apportionment under section 747(3) falls to be made regarding, the accounting period in which the qualifying contract is made,
and applies to the extent that the qualifying contract reinsures liabilities represented in technical provisions which the general insurer has previously taken into account.
4.2
Where, or to the extent that, this Rule applies, the qualifying contract shall be ignored for the purposes of Rule 3, and accordingly —
a
premiums paid under that contract shall be ignored for the purposes of paragraph (c) of Rule 3.1., and
b
the claims paid, bonuses and rebates and provisions for claims for the purposes of paragraphs (a), (b) and (d) of Rule 3.1. shall be calculated without deduction for reinsurance, so that each such liability shall be calculated gross.
Rule 5
5.1
Discount the amount of each liability as defined in Rule 3 to the present value of the liability as at the balance sheet date, by the application of a discount factor, reflecting the time value of money between the balance sheet date and the date of payment of the liability (the period between those dates being referred to as “the discount period”), subject to Rule 5.2.
5.2
The discount period for any liability shall not extend later than 10 years after —
a
the date on which the corresponding liability to which the provisions relate (as referred to in Rule 3.1. in the words preceding paragraph (a)) arose (within the meaning in paragraph (b) of Rule 2.1.), or
b
the end of the general insurer’s first period of account which began on or after 1st January 2000,
whichever is the later.
5.3
It shall be assumed for the purposes of this calculation that the provisions mentioned in paragraph (d) of Rule 3.1. were a single payment made by the general insurer on the recalculation date.
5.4
The discount rate for the whole of the discount period to be used in calculating the discount factor shall be determined as follows —
a
in a case where the sterling discount rate is to apply (see Rule 1), the discount rate shall be found from the formula —
( A - 2.3 per cent. ) , or nil per cent., whichever is the greater;
b
in a case where a foreign currency discount rate is to apply (see regulation 5), the discount rate shall be found from the formula —
( A - 2.3 per cent. ) + ( B - C ) , or nil per cent., whichever is the greater.
5.5
In this Rule —
A
is the average of the gross redemption yields, expressed as a percentage, applicable to 5-year British Government Stocks as compiled by the Financial Times, the Institute of Actuaries and the Faculty of Actuaries, which were compiled for each of the first five business days beginning with the day on which the balance sheet date fell or, if that day was not a business day, the first business day thereafter;
B
is the London Interbank Offered Rate, in the market which exists between banks in London for the purpose of borrowing and lending funds and dealing in currencies, at which deposits for a term of 12 months were offered in the relevant foreign currency on the day on which the balance sheet date fell (or if that day was not a business day, the first business day thereafter) as determined by the British Banking Association; and
C
has the same meaning as B, but with the word “sterling” substituted for the words “the relevant foreign currency”.
5.6
The discount shall in principle be computed separately for each liability, save that statistical methods may be used where they may be expected to give approximately the same result as individual calculations.
5.7
Aggregate the discounted liabilities and the result is referred to as “the recalculated provisions” for the earlier period of account.
Rule 6
6.1
Compare the difference between —
a
the original provisions for the earlier period of account, and
b
the recalculated provisions for the earlier period of acount,
with a margin for error of 5 per cent. of the recalculated provisions for the earlier period of account.
Rule 7
7.1
If the amount of the difference does not exceed the margin for error, the difference is assumed to be nil, for the purposes of that period’s recalculation.
7.2
If the amount of the difference exceeds the margin for error, deduct the margin for error from the difference, for the purposes of that period’s recalculation.
7.3
The result of Rule 7 represents the cumulative excess or deficiency found from the recalculation under this regulation —
a
in the later period of account, and
b
in any periods of account which fell between the earlier period of account and the later period of account (“intervening periods”),
in relation to the same earlier period of account.
Rule 8
8.1
Compare —
a
the result of Rule 7, with
b
the aggregate excess or deficiency found by combining the results of the recalculation under this regulation in any intervening periods in relation to —
i
in a case falling within paragraph (a)(ii) of Rule 2.1., the same earlier period of account or (in relation to the same liabilities) any previous period of account, and
ii
in any other case, the same earlier period of account,
and find out the adjustment (if any) to the amount mentioned in paragraph (b) above which is necessary to make it equal the amount mentioned in paragraph (a) above. If the adjustment is an excess, that is the amount of the excess referred to in section 107(2). If the adjustment is a deficiency, that is the amount of the deficiency referred to in section 107(3).
8.2
Where there has been no intervening period (as mentioned in paragraph (b) of Rule 7.3.), or the result of paragraph (b) of Rule 8.1. is neither an excess nor a deficiency, the result of Rule 7 shall be the amount of the excess referred to in section 107(2), or the amount of the deficiency referred to in section 107(3), as the case may be.
Rule 9
9.1
Interest shall be calculated on the amount of the result of Rule 8, at the rate specified in Regulation 3ZA(1) of the Taxes (Interest Rate) Regulations 1989 —
a
but as if there were deducted therefrom corporation tax at the rate fixed for companies generally (within the meaning in section 13(1) of the Taxes Act ) for the later period of account, and
b
save that the rate of interest is a compound rate, with annual rests,
from the date when corporation tax for the earlier period of account became due and payable until the date when corporation tax for the later period of account becomes due and payable (in both cases, determined in accordance with section 59D of the Taxes Management Act 1970 , treating those periods as if they were accounting periods).
9.2
Where the later period of account falls in more than one financial year, the rates of corporation tax for those financial years shall be apportioned to the later period of account on a daily basis.
9.3
The amount of interest so calculated is the amount to be treated as a receipt or an expense, as the case may be, in accordance with section 107, and is the amount of a receipt or expense, as the case may be, referred to, or to be taken into account in a computation of profits and losses under, sections 92 to 94 of the Finance Act 1993 , in a case where those sections apply.
Rule 10
10.1
No amount representing provisions for unearned premiums or provisions for unexpired risks shall be determined as excessive or insufficient for the purposes of section 107.
Provisions supplementing regulation 3
4
1
Paragraph (2) applies where a general insurer (“the transferor”) transfers the whole or part of its general business to another body (“the transferee”) by —
a
a transfer which is approved by the Treasury under Part II of Schedule 2C to the Insurance Companies Act 1982 , or
b
a transfer to which section 52B of that Act (effect of transfers authorised in other EEA States) applies,
on or after the date on which these Regulations come into force.
2
Where this paragraph applies, the transferor and the transferee shall be treated for the purposes of section 107 and regulation 3 as if —
a
technical provisions made and taken into account by the transferor, so far as they relate to the general business transferred, had been made and taken into account by the transferee, and
b
any other act or thing mentioned in Rules 1 to 9 in regulation 3(3) and regulation 5 which was done to or by the transferor, so far as it relates to the general business transferred, had been done to or by the transferee.
3
Where Rule 4 in regulation 3(3) would apply but for the condition in paragraph (c) of Rule 4.1. not being satisfied, in a case falling within paragraph (b)(i) of Rule 4.1. the reinsurer, and in a case falling within paragraph (b)(ii) thereof the connected company (and the relevant person is referred to as “the transferee”), and the general insurer (as defined in that Rule), shall be treated for the purposes of section 107 and regulation 3 as if —
a
technical provisions made and taken into account by the general insurer, so far as they relate to the liabilities reinsured, had been made and taken into account by the transferee,
b
premiums paid under the contract were ignored, and
c
any other act or thing mentioned in Rules 1 to 9 in regulation 3(3) and regulation 5 which was done to or by the general insurer, so far as it relates to the liabilities reinsured, had been done to or by the transferee.
Currency elections
5
1
Subject to the following paragraphs of this regulation, the general insurer may make an election, in relation to the provisions for an earlier period of account which are to be recalculated under section 107, that —
a
the calculations should be carried out in a currency other than sterling, and
b
a foreign currency discount rate shall be applied under paragraph (b) of Rule 5.4. in regulation 3(3),
and that currency and discount rate shall, to the extent mentioned in paragraph (4), apply to all calculations in all later periods of account, in so far as the earlier period of account is the relevant earlier period referred to in regulation 3(3).
2
An election may be made where —
a
any liabilities, to which a provision for claims outstanding relates, are denominated in any of the following currencies, or
b
the accounting currency is any of those currencies,
where the currencies mentioned are United States dollars, Canadian dollars, Australian dollars, euro, Swiss francs or Japanese yen (and the currency in question is referred to as “the relevant foreign currency”).
3
In this regulation, “the accounting currency” means —
a
the currency determined in accordance with sections 92 to 94 of the Finance Act 1993 (where those sections apply) in which the profits and losses of the general insurer’s business for the later period of account fall to be computed and expressed, or
b
in a case in which the relevant liability relates to a part of that business which is treated as a separate business by section 93(6) of that Act, the currency so determined for that period for that part of the business.
4
Where an election is made, the calculation under Rules 2 to 9 in regulation 3(3) in respect of —
a
the whole of the liabilities denominated in the relevant foreign currency, in a case falling within paragraph (2)(a), or
b
the whole of the liabilities of the business, or of the part of a business referred to in paragraph (3)(b), as the case may be, in a case falling within paragraph (2)(b),
shall be carried out in the relevant foreign currency, and a foreign currency discount rate in paragraph (b) of Rule 5.4. shall apply to those liabilities.
5
An election shall relate to a single earlier period of account, and for each period —
a
an election may be made under either paragraph (2)(a) or (b) but not both, but
b
in a case within paragraph (2)(a), may be made, or not made, separately in relation to each such foreign currency, and
c
in a case within paragraph (2)(b), may be made, or not made, separately in relation to each part of a business referred to in paragraph (3)(b).
6
An election may be made during the period mentioned in regulation 8(1) (that is, the period of two years following the earlier period of account), or in a case falling within paragraph (2) of regulation 8, that period as extended by that paragraph.
7
Where any calculations in relation to a later period of account have been made before an election, any necessary recalculations shall be done.
8
An election may (subject to this regulation) be varied or withdrawn at any time in the period during which it could have been made.
Excluded descriptions of general insurer
6
The descriptions of general insurer which are excluded from the operation of section 107(1) to (4) are —
a
a company which has gone into insolvent liquidation (within the meaning in section 214(6) of the Insolvency Act 1986 (“ the Act ”) or Article 178(6) of the Insolvency (Northern Ireland) Order 1989 (“ the Order ”)), where the exclusion takes effect from the date on which it goes into liquidation (within the meaning in section 247(2) of the Act or Article 6(2) of the Order);
b
a company in relation to which an administration order has been made under section 8 of the Act or Article 21 of the Order;
c
a company in respect of which a provisional liquidator has been appointed under section 135 of the Act or Article 115 of the Order; and
d
a company in respect of which a relevant arrangement or compromise (within the meaning in section 74(2) of the Taxes Act ) has taken effect.
“Technical provisions” in relation to an underwriting member
7
1
“Technical provisions” in relation to an underwriting member and the premium paid or treated as paid by him under a reinsurance to close contract means —
a
where the member is a continuing member, that is, a member not only of the syndicate as a member of which he pays, or is treated as paying, the premium (“the reinsured syndicate”) but also of the syndicate as a member of which he receives or is treated as receiving it or part of it (“the reinsurer syndicate”), so much of the premium as equals —
i
the amount of the premium which he pays or is treated as paying, or
ii
the amount of the premium which he receives or is treated as receiving,
whichever is the lesser (subject to sub-paragraph (b)); and
b
where the member is not entitled to participate in the underwriting business of the reinsurer syndicate, or his entitlement to participate in either of the reinsured syndicate or the reinsurer syndicate is less than 4 per cent. of the whole, none of the premium.
2
Regulations 3 to 5 shall apply to —
a
any premium or part of a premium treated as “technical provisions” by paragraph (1)(a), with the modifications to regulation 3(3) contained in paragraphs (3) to (6), and
b
any provisions or part of provisions treated as “technical provisions” by paragraph (8), with the modifications contained in paragraphs (3), (4), (5)(c), (6) and (7).
3
In regulation 3(3) in the words preceding sub-paragraph (a), for the reference to provisions for claims outstanding there shall be substituted a reference to technical provisions.
4
In Rule 2 —
a
for the reference to provisions for claims outstanding, there shall be substituted a reference to technical provisions, and
b
for paragraph (b) of Rule 2.1. there shall be substituted —
b
in any other case, was provision for liabilities arising directly from the underwriting member’s membership of one or more syndicates, whose closing year was the year immediately preceding the earlier period of account, but excluding liabilities which the member acquired by means of a reinsurance to close contract, the premium for which was treated as a technical provision for the same member for that preceding year.
.
5
In Rule 3 —
a
in paragraph (a) “claims paid” shall be construed as a reference to claims paid by the member in consequence of his membership of the reinsurer syndicate or of any further syndicate which, directly or indirectly, reinsures the liabilities to which the provisions relate under any further reinsurance to close contracts;
b
where any claim, bonus, rebate or premium was paid by the member as a member of the reinsurer’s syndicate, the payment shall be treated for the purposes of Rules 3 and 5 as made one year later than the date of the actual payment; and
c
in Rule 3.1.(d) for the reference to provisions for claims outstanding, there shall be substituted a reference to provisions made for the unpaid liabilities of the reinsurer syndicate where it is an open syndicate.
6
In regulation 5 —
a
in paragraph (2), for sub-paragraphs (a) and (b) there shall be substituted a reference to the currency other than sterling in which, under the rules or practice of Lloyd's, the syndicate accounting records relating to the relevant transaction are required to be maintained, being any of the currencies which follow; and
b
in paragraph (4), for sub-paragraphs (a) and (b) there shall be substituted a reference to the whole of the transactions whose records are to be maintained in the relevant foreign currency.
7
The modification contained in this paragraph is the modification to Rule 3 in paragraph (5)(b) omitting the words “as a member of the reinsurer syndicate”.
8
“Technical provisions” in relation to an underwriting member and the provisions made for the unpaid liabilities of an open syndicate of which he is a member means —
a
where the member’s entitlement to participate in the underwriting business of the open syndicate is equal to or more than 4 per cent. of the whole, the share of those provisions which corresponds to his proportionate entitlement; and
b
in any other case, none of the provisions.
9
In determining a member’s entitlement to participate in the business of a syndicate, or share of a premium, for the purposes of paragraphs (1) and (8), there shall be attributed to a member which is a company any entitlement to participate in the relevant syndicate of any company which is connected with the member.
10
In a case falling within the provisions of both paragraphs (1) and (9), where —
a
there is a change in the entitlement of a company to participate, as between the reinsured syndicate and the reinsurer syndicate, such that,
b
the reinsurance to close contract has the same financial effect as if a liability were transferred from that company to a company connected with it,
the provisions of regulation 4(2)(a) and (b) shall to that extent apply, as if there were a transfer of business between those companies.
11
A syndicate’s managing agent (within the meaning in Chapter III of Part II of the Finance Act 1993 ) shall, on request from a member or former member of the syndicate, provide the member with the information which he needs, and which is within the agent’s possession or power, to make a recalculation under regulation 3 (as applied by paragraph (2)) in relation to his proportionate entitlement in the syndicate.
Elections under section 107(4), or paragraph 4(2) of Schedule 24 to the Taxes Act
8
1
The period during which a general insurer may make an election in accordance with subsection (4) of section 107 is the period of two years immediately succeeding the period of account first mentioned in that subsection, subject to paragraph (2).
2
Where a general insurer delivers a tax return based wholly or partly on accounts drawn up using the method described in paragraph 52 of Schedule 9A (which provides for a technical provision to be made in the accounts which is later replaced by a provision for estimated claims outstanding) the period in paragraph (1) is extended until two years from the date on which the provision was replaced.
3
Where a general insurer which is a controlled foreign company draws up accounts using a method falling within section 755B(2) , the period of twenty months mentioned in paragraph 4(2) of Schedule 24 to the Taxes Act (elections by a United Kingdom resident company or companies) shall be extended until two years immediately following the close of the underwriting year (within the meaning in section 754AA(11) ).
Generally
9
For the purposes of any computation under these Regulations any necessary apportionments shall be made and the method of apportionment adopted shall, subject to the express provisions of these Regulations, be just and reasonable.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
8th May 2001


text:
Citation
1
1
This Order may be cited as the Children (Leaving Care) Act 2000 (Commencement No. 1) (England) Order 2001.
2
This Order extends to England only.
Appointed Day
2
1st October 2001 is the day appointed for the coming into force of sections 1 to 5, and 7(1) to (4) of the Children (Leaving Care) Act 2000.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
7th August 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 1) Order 2001.
2
25th February 2001 is the day appointed for the coming into force of —
a
the provisions of the Act listed in Part 1 of the Schedule to this Order;
b
the provisions of the Act listed in Part 2 of that Schedule, for the purpose of making orders or regulations; and
c
the provisions of the Act listed in Part 3 of that Schedule, for the purposes indicated there.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2001


text:
Citation, interpretation and extent
1
1
These Regulations may be cited as the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 and shall come into force on the expiry of the period of fourteen days beginning with the day on which they are made.
2
In these Regulations —
“the 1983 Act ” means the Representation of the People Act 1983 ;
“citizen of the Union” is to be determined in accordance with Article 17.1 of the Treaty establishing the European Community and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or citizen of the Republic of Ireland.
3
These Regulations extend throughout the United Kingdom.
Revocation
2
Regulations 7 to 14 and 17 and 18 of the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 are hereby revoked.
Relevant citizens of the Union as European Parliamentary electors
3
1
A person is entitled to vote as an elector at a European Parliamentary election in an electoral region if on the date of the poll he —
a
is registered in the region in the register of relevant citizens of the Union entitled to vote at European Parliamentary elections (maintained under regulation 5(2) below);
b
is not subject to any legal incapacity to vote (age apart);
c
is a relevant citizen of the Union; and
d
is of voting age (that is, 18 years or over).
2
A person is not entitled to vote as an elector —
a
more than once in the same electoral region at any European Parliamentary election, or
b
in more than one electoral region at a European Parliamentary general election.
3
In this regulation “legal incapacity” has the same meaning in relation to European Parliamentary elections as it has in the 1983 Act in relation to parliamentary elections.
Entitlement of relevant citizen of the Union to be registered as European Parliamentary elector
4
1
A person is entitled to be registered in the register of relevant citizens of the Union entitled to vote at European Parliamentary elections (maintained under regulation 5(2) below) for part of an electoral region if on the relevant date he —
a
is resident in that part of the region;
b
is not subject to any legal incapacity to vote (age apart);
c
is a relevant citizen of the Union; and
d
is of voting age;
and the registration officer has received in respect of him an application and declaration made in accordance with regulation 6(1) and (2) below.
2
A person is not entitled to be registered in the register maintained under regulation 5(2) below for the electoral region of Northern Ireland unless, in addition to complying with paragraph (1) above, he has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date.
3
The preceding provisions have effect subject to —
a
any enactment imposing a disqualification for registration as a European Parliamentary elector, and
b
compliance with the requirements of these Regulations and any provision applied by these Regulations.
4
A person otherwise qualified is (despite paragraph (1)(d) above) entitled to be registered in a register maintained under regulation 5(2) below if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but —
a
his entry in the register shall give the date on which he will attain that age; and
b
until the date given in the entry, he shall not by virtue of the entry be treated as an elector for any purposes other than those of an election the date of the poll for which is the date so given or any later date.
5
In this regulation —
“enactment” includes —
any provision of an Act, and
any provision of subordinate legislation (within the meaning of the Interpretation Act 1978 ); and
“the relevant date” means the date on which the application and declaration required by regulation 6(1) and (2) below were made.
Registration officers
5
1
The officer who —
a
under subsections (2) to (4) of section 8 of the 1983 Act is the registration officer for any of the areas referred to in those subsections for the purposes of that Act; and
b
under the provision substituted by the Schedule to the Isles of Scilly Order 1978 is the registration officer for the Isles of Scilly for those purposes,
shall be the registration officer for the area in question for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors.
2
Each registration officer shall maintain a register of any person or persons entitled to be registered under regulation 4 above.
3
Such a register shall, so far as practicable, be combined with —
a
the registers of parliamentary and local government electors, and
b
any register of peers kept under section 3 of the Representation of the People Act 1985 ;
and the names of persons registered under this regulation shall be marked to indicate that fact.
Form of application and declaration required by regulation 4(1)
6
1
An application under this regulation may be made by a relevant citizen of the Union (“the applicant”), shall be signed and dated by him and shall state —
a
the full name of the applicant;
b
the address in respect of which the applicant claims to be registered and whether he is resident there on the relevant date;
c
in the case of an application in Northern Ireland, that the applicant was resident in Northern Ireland for the whole of the period of three months ending on that date;
d
if the applicant is not resident on the relevant date at the address in respect of which he claims to be registered, whether he has made a declaration of local connection;
e
if the applicant is a merchant seaman on the relevant date, that fact; and
f
either that the applicant is aged 18 or over or, if not, the date of his birth.
2
An application under this regulation shall include a declaration stating —
a
the nationality of the applicant;
b
the applicant’s address in the United Kingdom, if different from the address given under paragraph (1)(b) above;
c
where the applicant’s name has been entered in a register of electors in a locality or constituency in the Member State of which he is a national, the name of the locality or constituency where, so far as he knows, his name was last so entered; and
d
that the applicant will exercise any right which he has to vote at European Parliamentary elections at any such election only in the United Kingdom during the period for which any entry in the register of electors made in pursuance of this application remains in force.
3
The registration officer shall supply free of charge as many copies of forms for use in connection with applications and declarations under paragraphs (1) and (2) above as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of relevant citizens of the Union as European Parliamentary electors.
4
An application under paragraph (1) above and a declaration under paragraph (2) above shall be of no effect unless they are received by the registration officer concerned within the period of three months beginning with the date on which they are made.
5
In any case where the registration officer is not required to notify the applicant of the result of the application under the regulations applied by regulation 9 below, he shall so notify the applicant under this paragraph.
6
In this regulation —
“locality or constituency” has the same meaning as it has in the directive of the Council of the European Commissioners No. 93/109/ EC ; and
“relevant date” has the same meaning as in regulation 4 above.
Punishment of false statement in application or declaration made under regulation 6(1) and (2)
7
1
A person who makes a statement which he knows to be false in an application or declaration required by regulation 6(1) and (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
The provisions of Part III of the 1983 Act relating to the prosecution of offences, as applied by regulations made under the European Parliamentary Elections Act 1978 , shall have effect in relation to an offence under this regulation as they have effect in relation to an offence under the 1983 Act as so applied.
Copies of certain applications and declarations to be sent to the Secretary of State
8
1
As soon as practicable after the registration officer has registered the name of a relevant citizen of the Union in the register maintained under regulation 5(2) above in the circumstances set out in paragraph (2) below, he shall send a copy of the application and declaration made in pursuance of regulation 6(1) and (2) above by virtue of which he entered the name in the register to the Secretary of State.
2
Those circumstances are where the relevant citizen of the Union would be entitled to vote at a European Parliamentary general election in pursuance of the registration.
Application, with modifications, of provisions of the 1983 Act and Representation of the People Regulations
9
1
The provisions of —
a
the 1983 Act which are set out in column 1 of Part I of the Schedule to these Regulations, and
b
the Representation of the People (England and Wales) Regulations 2001 the Representation of the People (Scotland) Regulations 2001 and the Representation of the People (Northern Ireland) Regulations 2001 which are set out in column 1 of Part II of that Schedule,
shall apply for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors as they apply for the purposes of the registration of parliamentary and local government electors subject to —
i
any modification and exceptions specified in relation to those provisions in column 2 of the Schedule to these Regulations, and
ii
paragraph (2) below.
2
Unless the context otherwise requires, in the provisions applied by the Schedule to these Regulations —
a
any reference to a parliamentary elector is a reference to a European Parliamentary elector;
b
any reference to a register is to the register maintained under regulation 5(2) above;
c
any reference to a constituency is a reference to an electoral region; and
d
any reference in such a provision to another provision which is so applied, is to that provision as so applied.
Removal of names from the register
10
1
A declaration under regulation 6(2) above may be cancelled at any time by the declarant.
2
A relevant citizen of the Union registered in a register of electors maintained under regulation 5(2) above is entitled to remain so registered until —
a
the end of the period of 12 months beginning with the date when the entry in the register first takes effect,
b
the declaration under regulation 6(2) above is cancelled under paragraph (1) above;
c
the citizen applies for his name to be removed;
d
any entry made in respect of him in any other register of electors maintained under regulation 5(2) above takes effect,
whichever occurs first.
3
Where the entitlement of such a person to remain registered terminates by virtue of paragraph (2) above, the registration officer concerned shall remove the person’s entry from the register, unless he is entitled to remain in pursuance of a further application and declaration under regulation 6(1) and (2) above.
4
The registration officer shall remove the name of a relevant citizen of the Union from the register maintained under regulation 5(2) above where the Secretary of State sends to that officer a copy of any information provided by the Member State of which that citizen is a national to show that he has lost the right to vote there.
Consequential amendments
11
In —
a
section 3C(5) of the European Parliamentary Elections Act 1978 , and
b
section 54(8)(b) of the Political Parties, Elections and Referendums Act 2000 ,
for “Part III of the European Parliamentary Elections (Changes to the Franchise and the Qualifications of Representatives) Regulations 1994” substitute “the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001”.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
26th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester and Manchester Children’s University Hospitals National Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st April 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Central Manchester and Manchester Children’s University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Central Manchester and Manchester Children’s University Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service at or from:
a
Booth Hall Children’s Hospital;
b
Manchester Royal Infirmary;
c
Manchester Royal Eye Hospital;
d
Royal Manchester Children’s Hospital;
e
St Mary’s Hospital for Women and Children;
f
University Dental Hospital of Manchester;
and at or from any associated hospitals, establishments or facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of trust
4
1
The trust shall have in addition to the chairman 5 executive directors and 6 non-executive directors.
2
One of the non-executive directors of the trust shall be appointed from the University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001