text:
Citation and commencement
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 and shall come into force on 1st May 2004.
Interpretation
2
1
In this Order the following expressions have the meanings given to them below, save where an expression is also defined in a Schedule where it has, for the purposes of that Schedule, that meaning —
“ the Act ” means the Export Control Act 2002;
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“the Community General Export Authorisation” means the authorisation constituted by Article 6(1) of “the Regulation” and Annex II to “the Regulation”;
“Community Licence” means an authorisation granted by a “competent authority”(whether before or after commencement of this Order) under “the Regulation”;
“competent authority” means in respect of the United Kingdom, the Secretary of State, and, in respect of another Member State, any authority empowered by that Member State to grant “exportation” or “transfer” authorisations under “the Regulation”;
“country” includes territory;
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 ;
“dual-use” in relation to “goods” or “technology”, means “goods” or “technology” which can be used for both civil and military purposes, and includes any “goods” or “technology” which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
“the European Community” means the customs territory of the European Community as defined in article 3(3) of Council Regulation ( EEC ) No 2913/92 of 12th October 1992 ;
“exportation” includes “shipment” as “stores” and, unless the context otherwise requires, means exportation from the United Kingdom to any destination outside the United Kingdom and the Isle of Man, except “export” in relation to the exportation from “the European Community” of dual-use “goods”, “software” and “technology”, which has the same meaning as in Article 2(b) of “the Regulation”;
“exporter” and other cognate expressions shall be construed accordingly;
“goods” means tangible goods, both used and unused and includes any goods on which “software” or “technology” is recorded;
“importation” and “exportation” in relation to a “vessel”, “vehicle”, submersible vehicle or “aircraft” includes the taking into or out of the United Kingdom of the “vessel”, “vehicle”, submersible vehicle or “aircraft”, notwithstanding that the “vessel”, “vehicle”, submersible vehicle or “aircraft” is conveying “goods” or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“prescribed sum” and “proper” have the same meanings as in the Customs and Excise Management Act 1979;
“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;
“in the public domain” means available without restriction upon further dissemination (no account being taken of restrictions arising solely from copyright);
“ the Regulation ” means Council Regulation ( EC ) No. 1334/2000 of 22nd June 2000 (as amended by the Council Regulations listed in Schedule 5 to this Order) setting up a Community regime for the control of exports of “dual-use”“goods” and “technology” ;
“any relevant use” means use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that its benefits are available to members of the public from time to time seeking to take advantage of it;
“shipment”(and cognate expressions) and “stores” have the same meanings as in the Customs and Excise Management Act 1979;
“software” means one or more “programmes” or “microprogrammes” fixed in any tangible medium of expression;
“surface effect vehicle” means any air cushion “vehicle”(whether side wall or skirted) and any “vehicle” using the wing-in-ground effect for positive lift;
“technical assistance” means any technical support related to repairs, development, manufacture, assembly, testing, “use”, maintenance or any other technical service;
“technology” means information (including but not limited to information comprised in software and documents such as blueprints, manuals, diagrams and designs) that is capable of use in connection with the development, production or use of any goods;
“transfer”, in relation to any “software” or “technology”, means the “transfer by any electronic” or “transfer by non-electronic means”(or any combination of electronic and non-electronic means) from a person or place within the United Kingdom;
“transferor” and other cognate expressions shall be construed accordingly (except that where the transfer is to a destination outside “the European Community”, transferor has the same meaning as “exporter” in the definition in Article 2(c) of “the Regulation” to the extent that that definition applies);
“transfer by any electronic means”, in relation to any “software” or “technology”, means a transmission of “software” or “technology” by facsimile, telephone or other electronic media (except that oral transmission of “technology” by telephone is included only where the “technology” is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result as if it had been so read);
“transfer by any non-electronic means”, in relation to any “software” or “technology”, means a disclosure of “software” or “technology” by any means (or combination of means), including oral communication, other than as the “exportation” of “goods” or the “transfer by any electronic means”;
“in transit” means any “goods” imported into the United Kingdom for “transit or transhipment” and includes “goods” which only pass through “the European Community” within the meaning of Article 3(4) of “the Regulation” and “goods” being exported to another Member State which are not being exported from the United Kingdom to that other Member State within the meaning of Article 21 of “the Regulation”;
“transit or transhipment” means transit through the United Kingdom or transhipment with a view to re-exportation of the “goods” in question or transhipment of those “goods” for use as “stores”;
“vehicle” includes a railway carriage;
“vessel” includes any ship, “surface effect vehicle”, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.
2
Any reference in this Order to time after an event is a reference to a period of that length of time beginning on the day after that event.
3
Except where this Order otherwise provides, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
PART I
CONTROLS ON THE EXPORT OF GOODS
Export of military and certain other goods
3
1
Subject to the provisions of this Order, goods of a description specified in Schedule 1 to this Order are prohibited to be exported to any destination.
2
Paragraph (1) does not prohibit the exportation of any goods in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
3
Subject to the provisions of this Order, or any contrary provisions in a licence, a licence granted by the Secretary of State in relation to any goods specified in Schedule 1 shall also authorise the exportation or transfer of the minimum technology required for the installation, operation, maintenance and repair of the goods to the same destination as the goods.
Export of dual-use goods and end-use control
4
1
Subject to the provisions of this Order, goods of a description specified in Schedule 2 to this Order are prohibited to be exported to the destinations specified in that Schedule as being prohibited destinations in relation to those goods.
2
Subject to the provisions of this Order —
a
goods specified in Annex I but not in Annex IV to the Regulation;
b
goods of a description specified in Schedule 2 to this Order; or
c
goods not specified in Annex I to the Regulation or Schedule 2 to this Order but for the exportation of which from the European Community an authorisation is required pursuant to:
i
Article 4(1) of the Regulation; or
ii
Article 4(2), (3) or (4) of the Regulation,
are prohibited to be exported to any destination in any Member State where the exporter knows at the time of exportation that the final destination of such goods is outside the European Community and no processing or working is to be performed on those goods in any Member State to which they are to be exported.
3
Subject to the provisions of this Order, dual-use goods not listed in Annex I of the Regulation, which the exporter has grounds for suspecting are or may be intended, in their entirety or in part, for any relevant use, are prohibited to be exported to any destination outside the European Community, unless the exporter has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used.
4
Subject to the provisions of this Order, goods of a description specified in Annex I to the Regulation, which are goods in transit, are prohibited to be exported to any destination.
5
Subject to the provisions of this Order, paragraphs (1), (2), (3) and (4) do not prohibit the exportation of any goods in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
End-use control and goods in transit
5
1
Subject to the provisions of this Order, goods which are goods in transit are prohibited to be exported to any destination where —
a
the exporter (or, if the exporter is not within the United Kingdom, any agent of the exporter within the United Kingdom concerned in the exportation or intended exportation) has been informed by a competent authority that such goods are or may be intended, in their entirety or in part, for any relevant use; or
b
the exporter is aware that such goods are intended, in their entirety or in part, for any relevant use; or
c
the exporter has grounds for suspecting that such goods are or may be intended, in their entirety or in part, for any relevant use, unless the exporter has made all reasonable enquires as to their proposed use and is satisfied that they will not be so used.
2
Subject to the provisions of this Order, paragraph (1) does not prohibit the exportation of any goods in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
PART II
CONTROLS ON THE TRANSFER OF TECHNOLOGY
Electronic transfer of controlled military and certain other technology
6
1
Subject to the provisions of this Order, no person shall transfer by any electronic means to a person or place outside the United Kingdom any software or technology of a description specified in Schedule 1 to this Order.
2
Paragraph (1) does not prohibit the transfer of any software or technology of a description specified in Schedule 1 to this Order in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
Electronic transfer of controlled dual-use technology and software and end-use controls
7
1
Subject to the provisions of this Order, no person shall transfer by any electronic means any dual-use software or technology of a description specified in Schedule 2 to this Order where the transfer is to a person or place in any destination specified in that Schedule as being a prohibited destination in relation to that software or technology.
2
Subject to the provisions of this Order, no person shall transfer by any electronic means to a person or place in any Member State any dual-use software or technology that is either —
a
specified in Annex I but not in Annex IV to the Regulation;
b
specified in Schedule 2 to this Order; or
c
not specified in Annex I to the Regulation or Schedule 2 to this Order but for the transfer of which from the European Community an authorisation is required pursuant to —
i
Article 4(1) of the Regulation; or
ii
Article 4(2), (3) or (4) of the Regulation,
if he knows at the time of the transfer that such software or technology is intended for use outside the European Community and no processing or working is to be performed on that software or technology in any Member State to which it is to be transferred.
3
Subject to the provisions of this Order, no person shall transfer by any electronic means any dual-use software or technology not listed in Annex 1 of the Regulation, to a person or place outside the European Community where he has grounds for suspecting that such software or technology is or may be intended, in its entirety or in part, for any relevant use, unless he has made all reasonable enquiries as to its proposed use and is satisfied that it will not be so used.
4
Subject to the provisions of this Order —
a
Article 21(1) of the Regulation and paragraphs (1), (2) and (3) of this article do not prohibit the transfer of any dual-use software or technology in relation to which a licence in writing has been granted by the Secretary of State provided that all conditions attaching to the licence are complied with; and
b
Article 3(1) of the Regulation does not prohibit the transfer of any dual-use software or technology under the authority of the Community General Export Authorisation, or in relation to which a licence in writing has been granted by the Secretary of State or a Community Licence has been granted by any competent authority, provided that all conditions applying to that authorisation or attaching to the licence or Community Licence are complied with.
End-Use Controls on the transfer of all software and technology by any means
Electronic transfer of all software and technology and end-use controls
8
1
Subject to the provisions of this Order, no person shall transfer by any electronic means any software or technology to a person or place within the United Kingdom, where —
a
he has been informed by the Secretary of State that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
he is aware that such software or technology is intended, in its entirety or in part, for any relevant use,
if he has reason to believe that such software or technology may be used outside the European Community.
2
Subject to the provisions of this Order and where paragraph (3) applies, no United Kingdom person shall transfer by any electronic means any software or technology from any place outside the European Community to —
a
a person or place outside the European Community; or
b
a person or place in any Member State, if he knows at the time of transfer that such software or technology is intended for use outside the European Community and no processing or working is to be performed on that software or technology in any Member State to which it is to be transferred.
3
This paragraph applies where —
a
the United Kingdom person has been informed by a competent authority that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
the United Kingdom person is aware that such software or technology is intended, in its entirety or in part, for any relevant use.
4
Subject to the provisions of this Order, no United Kingdom person shall transfer by any electronic means any software or technology from any place outside the European Community to a person or place within the United Kingdom where —
a
he has been informed by a competent authority that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
he is aware that such software or technology is intended, in its entirety or in part, for any relevant use,
if he has reason to believe that such software or technology may be used outside the European Community.
5
For the purposes of paragraphs (1) and (4) a person has reason to believe that software or technology may be used outside the European Community if he knows that it may be or is intended to be so used or if he has been informed by the Secretary of State that it may be or is intended to be so used.
6
Nothing in paragraph (1), (2) or (4) shall be taken to prohibit the transfer of any software or technology in the public domain.
7
Paragraph (1), (2) or (4) do not prohibit the transfer of any software or technology in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
Non-electronic transfer of all software and technology and end-use controls
9
1
Subject to the provisions of this Order, and where paragraph (2) applies, no person (“the person concerned”) shall transfer by any non-electronic means any software or technology to —
a
a person or place outside the European Community; or
b
a person or place in any Member State if he knows at the time of transfer that such software or technology is intended for use outside the European Community and no processing or working is to be performed on that software or technology in any Member State to which it is to be transferred.
2
This paragraph applies where —
a
the person concerned has been informed by the Secretary of State that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
the person concerned is aware that such software or technology is intended, in its entirety or in part, for any relevant use.
3
Subject to the provisions of this Order, no person shall transfer by any non-electronic means any software or technology to a person or place within the United Kingdom where —
a
he has been informed by the Secretary of State that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
he is aware that such software or technology is intended, in its entirety or in part, for any relevant use,
if he has reason to believe that such software or technology may be used outside the European Community.
4
Subject to the provisions of this Order and where paragraph (5) applies, no United Kingdom person shall transfer by any non-electronic means any software or technology from any place outside the European Community to —
a
a person or place outside the European Community; or
b
a person or place in any Member State if he knows at the time of transfer that such software or technology is intended for use outside the European Community and no processing or working is to be performed on that software or technology in any Member State to which it is to be transferred.
5
This paragraph applies where —
a
the United Kingdom person has been informed by a competent authority that such software or technology is or may be intended, in its entirety or in part, for any relevant use; or
b
the United Kingdom person is aware that such software or technology is intended, in its entirety or in part, for any relevant use.
6
For the purposes of paragraph (3) a person has reason to believe that software or technology may be used outside the European Community if he knows that it may be or is intended to be so used or if he has been informed by the Secretary of State that it may be or is intended to be so used.
7
Nothing in paragraph (1), (3) or (4) shall be taken to prohibit the transfer of any software or technology in the public domain.
8
Paragraphs (1), (3) and (4) do not prohibit the transfer of any software or technology in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
PART III
CONTROLS ON THE PROVISION OF TECHNICAL ASSISTANCE
End-use control on technical assistance
10
1
Subject to paragraphs (3) and (4), no person shall directly or indirectly provide to a person or place outside the European Community any technical assistance related to the supply, delivery, manufacture, maintenance or use of anything which —
a
he has been informed by the Secretary of State is or may be intended, in its entirety or in part, for any relevant use; or
b
he is aware is intended, in its entirety or in part, for any relevant use.
2
Subject to paragraphs (3) and (4), no United Kingdom person shall directly or indirectly provide from a place outside the European Community to any person or place outside the European Community any technical assistance related to the supply, delivery, manufacture, maintenance or use of anything which —
a
he has been informed by the Secretary of State is or may be intended, in its entirety or in part, for any relevant use; or
b
he is aware is intended, in its entirety or in part, for any relevant use.
3
For the purposes of paragraphs (1) and (2) —
a
a person directly provides technical assistance if in particular he provides technical assistance or agrees to do so; and
b
a person indirectly provides technical assistance if in particular he makes arrangements under which another person provides technical assistance or agrees to do so.
4
Paragraphs (1) and (2) do not prohibit the provision of any technical assistance in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
PART IV
EXCEPTIONS TO THE CONTROLS IN PARTS I, II AND III
Aircraft, Vessels, Firearms and ammunition and Goods in Transit
11
1
Nothing in article 4 shall be taken to prohibit the exportation of any aircraft the immediately preceding importation of which was on a scheduled journey and which is intended for further scheduled journeys.
2
Nothing in article 3 shall be taken to prohibit the exportation of any aircraft which is being exported (except to a destination in Iran, Iraq or Libya or to a country or destination specified in Schedule 3 to this Order) after temporary importation into the United Kingdom provided there has been no change of ownership or registration since such importation and that no goods of a description specified in Schedule 1 to this Order have been incorporated into the aircraft since such importation other than by way of replacement for a component essential for the departure of the aircraft.
3
Nothing in article 4 shall be taken to prohibit the exportation of any aircraft on a scheduled journey.
4
Nothing in article 3 or 4 shall be taken to prohibit the exportation of any aircraft which is departing temporarily from the United Kingdom on trials.
5
Nothing in article 3 or 4 shall be taken to prohibit the exportation of any vessel which is departing temporarily from the United Kingdom on trials.
6
Nothing in article 3 shall be taken to prohibit the exportation of any vessel registered or constructed outside the United Kingdom which is being exported (except to a destination in Iran, Iraq or Libya or to a country or destination specified in Schedule 3 to this Order) after temporary importation into the United Kingdom provided that no goods of a description specified in Schedule 1 to this Order have been incorporated into the vessel since such importation other than by way of replacement for a component essential for the departure of the vessel.
7
Nothing in article 4 shall be taken to prohibit the exportation of any vessel proceeding on a normal commercial journey.
8
Nothing in article 3 shall be taken to prohibit the exportation of any firearm falling within category B, C or D of Annex I to Council Directive 91/477/EEC , related ammunition and sight using non-electronic image enhancement for use therewith to any destination in a Member State if —
a
the firearm, ammunition and sight using non-electronic image enhancement form part of the personal effects of a person who is in possession of —
i
a European firearms pass which has been issued to him under section 32A of the Firearms Act 1968 ; or
ii
a document which has been issued to him under the provisions of the law of a Member State corresponding to the provisions of that section,
which, in either case, relates to the firearm in question; and
b
either the said pass or document issued to him contains authorisation for the possession of the said firearm from the Member State of destination and any other Member State through which the holder intends that the firearm will pass on its way to that destination, or the holder of the firearm on request satisfies the proper officer of Customs and Excise at the place of exportation —
i
that the exportation of the firearm is necessary to enable the holder to participate in one of the activities specified in article 12(2) of that Directive;
ii
that the firearm falls within the category appropriate to that activity in accordance with that article; and
iii
that the exportation or passage of the firearm is not to or through a Member State which prohibits or requires an authorisation for the acquisition or possession of the said firearm.
9
Nothing in article 3 shall be taken to prohibit the exportation of any firearm authorised to be possessed or, as the case may be, purchased or acquired by a valid firearm certificate or shot gun certificate granted under the Firearms Act 1968 or by a visitor’s firearm or shot gun permit granted under section 17 of the Firearms (Amendment) Act 1988 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald) as amended by the Firearms Act 1968 (an Act of Tynwald) and the Air Guns and Shot Guns, etc. Act 1968 (an Act of Tynwald) , related ammunition and sight using non-electronic image enhancement for use therewith —
a
to any destination in a Member State by any person or body specified in article 2(2) of that Directive, or by the holder of a firearm certificate granted under the said Act of 1947, or
b
to any other destination other than a destination in Iran, Iraq or Libya or to a country or destination specified in Schedule 3 to this Order,
provided that the firearm, related ammunition and sight using non-electronic image enhancement form part of the personal effects of the holder of the certificate and, in a case to which sub-paragraph (b) applies, the certificate is produced by the holder, or his duly authorised agent, with the firearm and ammunition to the proper officer of Customs and Excise at the place of exportation.
10
Subject to article 5 and paragraph (11) below, nothing in article 3, 4(1), 4(2)(a), (b), (c)(ii) or (4) shall be taken to prohibit the exportation of any goods which are goods in transit provided that the conditions in paragraph (12) below are met.
11
Paragraph (10) does not apply to —
a
anti-personnel landmines;
b
any goods falling within paragraph c. or g. of entry PL5001 in Part I of Schedule 1 to this Order;
c
components specially designed for goods falling within sub-paragraph (a);
d
equipment, software or technology falling within entry ML18, ML21 or ML22 in Part I of Schedule 1 to this Order specifically related to goods falling within sub-paragraph (a) or (b);
e
any goods being exported to a destination in Iran, Iraq, Libya or North Korea; or
f
any goods of a description specified in Schedule 1 to this Order being exported to any country or destination specified in Schedule 3 to this Order.
12
The conditions are that —
a
the goods remain on board a vessel or aircraft for the entire period that they remain in the United Kingdom or are goods on a through bill of lading or through air waybill and in any event are exported within 30 days of their importation;
b
the destination of those goods following exportation from the United Kingdom has been determined in the country from which they were originally exported prior to their original exportation in connection with the transaction which has given rise to transit or transhipment and has not been changed prior to their exportation from the United Kingdom, or the goods are being returned to that country; and
c
the goods in question were exported from that country in accordance with any laws or regulations relating to the exportation of goods applying therein at the time of exportation of those goods.
PART V
LICENCES AND PERMITS
Licences
12
1
The Secretary of State may grant licences and Community Licences.
2
Subject to Article 6(1) of the Regulation, a Community Licence is the authorisation required by —
a
Article 3(1) of the Regulation for the exportation or transfer from the European Community of any goods, software or technology specified in Annex I to the Regulation; or
b
Article 4(1), (2) and (3) of the Regulation for the exportation or transfer from the European Community, in the circumstances respectively described in those paragraphs, of any goods, software or technology not listed in Annex I to the Regulation.
3
A licence granted by the Secretary of State is the authorisation required by Article 21(1) of the Regulation for the exportation or transfer from the United Kingdom to another Member State of any goods, software or technology specified in Annex IV to the Regulation.
4
Any licence or Community Licence granted or issued by the Secretary of State in pursuance of this Order, may be —
a
either general or individual,
b
limited so as to expire on a specified date unless renewed, and
c
subject to, or without, conditions and any such condition may require any act or omission before or after the doing of the act authorised under that licence or Community Licence.
5
Any licence or Community Licence granted under this Order, may be amended, suspended or revoked by the Secretary of State at any time and in such circumstances and on such terms as he thinks fit by serving notice to that effect on the holder of the licence or Community Licence.
6
For the purposes of articles 3(2), (3), 4(5) and 5(2) of this Order but subject to paragraph (7) below, the exportation of goods to any destination outside the European Community shall be regarded as being under the authority of a licence granted by the Secretary of State to, or for the benefit of, a particular person only if —
a
he is the person on whose behalf the exportation declaration is made; and
b
he is established within the European Community and either —
i
he is the owner of the goods or has a similar right of disposal over them; or
ii
if no person who is the owner of the goods or has a similar right of disposal over them, is established within the European Community, he is a party to one or more contracts under which ownership of the goods or a similar right of disposal over them has passed to a person not established within the European Community and pursuant to which the goods are to be, are being or have been exported from the European Community.
7
Paragraph (6) does not apply if no person falls within sub-paragraph (b) of that paragraph or if the exportation is of goods imported into the United Kingdom for transit or transhipment in respect of which the conditions in article 11(12) of this Order are met.
Registration with the Secretary of State
13
1
Not later than 30 days after —
a
any person first does any act under the authority of —
i
any general licence or Community Licence granted by the Secretary of State that does not provide otherwise,
ii
any individual licence granted under article 4 or 5 by the Secretary of State that does not provide otherwise, or
b
any person established in the United Kingdom first does any act under the authority of the Community General Export Authorisation,
the person in question shall give to the Secretary of State written notice of his name and the address at which copies of the records referred to in article 14(1) of this Order may be inspected by any person authorised by the Secretary of State or the Commissioners under article 14(4) of this Order.
2
A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State written notice of the changed particulars.
3
Not later than 30 days after the first exportation or transfer of any goods, software or technology specified in Part 2 of category 5 in Annex I to the Regulation but not specified in Part I of Schedule 4 to this Order from the United Kingdom under the authority of the Community General Export Authorisation by any person, he shall (in addition to any notice given under paragraph (1)) give to the Secretary of State in relation to those goods or that software or technology written notice of such of the information specified in Part II of Schedule 4 to this Order as is in his possession and such other information as he can reasonably be expected to obtain within that time.
4
A person who has given to the Secretary of State written notice of information under paragraph (3) shall, not later than 30 days after any change in that information, give to the Secretary of State written notice of the changed information.
Record keeping and inspection
14
1
Any person acting under the authority of any general licence granted under this Order shall keep detailed registers or records.
2
The registers or records shall contain sufficient detail as may be necessary to allow the following information, where appropriate, to be identified —
a
a description of the goods that have been exported or the software or technology that has been transferred;
b
the date of the exportation or transfer;
c
the quantity of the goods;
d
the name and address of the person referred to in paragraph (1);
e
the name and address of any consignee of the goods;
f
in so far as it is known to the person referred to in paragraph (1) the name and address of the end-user of the goods, software or technology; and
g
any further information required to be kept by the competent authority who has authorised the exportation or transfer.
3
Any person established in the United Kingdom who exports any goods or transfers any software or technology from the European Community under the authority of a Community Licence, and any such person who exports any goods or transfers any software or technology from the United Kingdom under the authority of the Community General Export Authorisation shall keep detailed registers or records to allow the information specified in paragraph (2) to be identified.
4
The register or records referred to in paragraphs (1) and (3) shall be kept for at least 3 years from the end of the calendar year in which the authorised act took place and the person referred to in paragraphs (1) and (3) shall permit any such registers or records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners.
5
Any person who has been granted a Community Licence under this Order in relation to the exportation or transfer from the European Community of any goods, software or technology shall, upon request in writing by the Secretary of State or the Commissioners, produce any registers or records he may hold that relate to the application for that Community Licence and any such register or records shall be kept for at least 3 years from the end of the calendar year in which the authorised act took place and he shall permit any such registers or records to be inspected or copied by any person authorised by the Secretary of State or the Commissioners.
6
Any person authorised by the Secretary of State or the Commissioners shall have the right, on producing, if required to do so, a duly authenticated document showing his authority, at any reasonable hour to enter —
a
for the purpose of paragraph (4), the premises of the address which has most recently been notified to the Secretary of State under article 13; or
b
for the purpose of paragraph (5), any premises the address of which has been notified for this purpose by the licence holder to a competent authority when applying for a licence.
7
Where the registers or records required to be maintained under this article are kept in a form which is not legible the exporter or transferor shall at the request of the person authorised by the Secretary of State or the Commissioners, reproduce such registers or records in a legible form.
8
The documents and the records to be kept in accordance with Article 21(5) of the Regulation shall be the registers or records referred to in paragraph (2)(a) to (g). Paragraphs (6) and (7) and the provision in paragraph (4) relating to inspection and copying shall apply for the production of such documents and records to the competent authorities in accordance with Article 21(5) of the Regulation as they apply in respect of the inspection and copying of records referred to in paragraph (4) or (as the case may be) in respect of entry into premises for the purpose of paragraph (4).
9
Any person who exports or transfers to another Member State any goods, software or technology listed in Part 2 of category 5 in Annex I to the Regulation but not listed in Annex IV to the Regulation shall maintain registers or records in relation to each such exportation or transfer that contain such of the information specified in Part II of Schedule 4 to this Order as he can reasonably be expected to obtain and such other of that information as comes into his possession. These registers or records shall be kept for at least 3 years from the end of the calendar year in which the authorised act took place, and he shall permit any such registers or records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners. Paragraphs (6) and (7) and the provision in paragraph (4) relating to inspection and copying, shall apply to the production of such documents or records as they apply in respect of registers or records referred to in paragraph (4) or (as the case may be) in respect of entry into premises for the purpose of paragraph (4).
Licence refusals etc. and appeals
15
1
In the event that the Secretary of State decides not to grant a licence under this Order to any person who has applied for a licence, he shall be provided with a written notification setting out the reason or reasons for the decision.
2
In the event that the Secretary of State decides to suspend a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the terms of the suspension and the reason or reasons for the decision.
3
In the event that the Secretary of State decides to revoke a licence that has been granted under this Order, the licence holder shall be provided with a written notification setting out the reason or reasons for the decision.
4
Any person who has a licence application refused under this Order or who has a licence suspended or revoked under article 12 of this Order shall have 28 calendar days from the date of the written notification in which to submit an appeal in writing to the Secretary of State, Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
5
Any appeal submitted under paragraph (4) shall specify the grounds on which that appeal is made and may provide further information or arguments in support of the appeal.
6
Pending determination of any appeal submitted under paragraph (4), any decision taken by the Secretary of State shall continue to have effect.
PART VI
GENERAL
Offences and penalties
16
1
Any person who contravenes a prohibition or restriction in —
a
article 6, 7(1), 7(2)(a), 7(2)(b) or 7(2)(c)(ii) of this Order; or
b
Article 3(1), 4(2), 4(3) or 21(1) of the Regulation in respect of the transfer of software and technology,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
Any person who contravenes a prohibition or restriction in —
a
article 4(2)(c)(i), 4(3) or 5 of this Order;
b
article 7(2)(c)(i), 7(3), 8(2), 8(4), 9(1), 9(4), 10(1) or 10(2) of this Order;
c
article 8(1) or 9(3) of this Order; or
d
Article 4(1) of the Regulation,
shall be guilty of an offence and may be arrested.
3
A person guilty of an offence under paragraph (2) shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding 6 months, or to both; or
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding 2 years, or to both.
4
Any person knowingly concerned in the transfer of software or technology, or in the attempted transfer of software or technology, with intent to evade any prohibition or restriction in —
a
article 6, 7(1), 7(2), 7(3), 8(2), 8(4), 9(1) or 9(4) of this Order;
b
article 8(1) or 9(3) of this Order; or
c
Article 3(1), 4(1), 4(2), 4(3) or 21(1) of the Regulation,
shall be guilty of an offence.
5
Any person knowingly concerned in the provision, or attempted provision, of technical assistance related to the supply, delivery, manufacture, maintenance or use of anything, with intent to evade any prohibition or restriction in article 10 of this Order shall be guilty of an offence.
6
A person guilty of an offence under paragraph (4) or (5) shall be liable —
a
on summary conviction to a fine of the prescribed sum or to imprisonment for a term not exceeding 6 months, or to both; or
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 10 years, or to both.
7
Any person who fails to comply with the requirement in Article 4(4) of the Regulation shall be guilty of an offence and liable —
a
on summary conviction to a fine of the prescribed sum;
b
on conviction on indictment to a fine of any amount or to imprisonment for a term not exceeding two years, or to both.
8
Any person who fails to comply with Article 21(5) or (7) of the Regulation shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
9
Any person who fails to comply with Article 9(1) of the Regulation shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale and any licence or Community Licence or permission which may have been granted by the Secretary of State, or any competent authority in connection with the application shall be void as from the time it was granted.
Misleading applications for licences
17
1
Where for the purpose of obtaining any licence or Community Licence or permission under this Order any person either —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine of the prescribed sum; or
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 2 years, or to both,
and any licence, Community Licence or permission which may have been granted by the Secretary of State or any competent authority in connection with the application for which the false statement was made or the false document or information was furnished, shall be void as from the time it was granted.
Failure to comply with licence conditions
18
1
Subject to the provisions of paragraph (3), any person who —
a
has done any act under the authority of —
i
a licence granted by the Secretary of State under this Order;
ii
the Community General Export Authorisation;
iii
a Community Licence granted by the Secretary of State under this Order; or
iv
a Community Licence sought by or on behalf of a person in or established in the United Kingdom; and
b
fails to comply with —
i
any conditions attaching to that licence, Community Licence or applying on the use of the Community General Export Authorisation;
ii
any obligation under article 13; or
iii
any obligation under article 14,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction to a fine of the prescribed sum; and
b
on conviction on indictment, to a fine of any amount, or to imprisonment for a term not exceeding 2 years, or to both.
3
No person shall be guilty of an offence under paragraph (1) where —
a
as the case may be —
i
in the case of a licence the condition in question had been previously modified by the Secretary of State; or
ii
in the case of a Community Licence the condition in question had been previously modified by the Secretary of State or other competent authority which granted that Community Licence; or
iii
in the case of the Community General Export Authorisation the condition in question had been previously modified; and
b
the alleged failure to comply would not have been a failure had the licence, Community Licence or Community General Export Authorisation not been so modified; and
c
the condition with which he failed to comply was modified, by the competent authority that granted the licence, Community Licence or Community General Export Authorisation after the doing of the act authorised by the licence, Community Licence or Community General Export Authorisation.
Customs powers to require evidence of destination
19
1
Any person who exports, or ships any controlled good, shall, if so required by the Commissioners, provide within such time as the Commissioners may determine evidence of the destination to which the goods were delivered and, if he fails to do so, he shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Customs powers
20
1
Goods in relation to which a Community Licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported, may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture, if and so long as that officer has reason to believe that a competent authority (after, if necessary, having had the impending exportation brought to its attention) might inform the exporter as provided in Article 4(1), (2) or (3) of the Regulation or article 5 of this Order.
2
Any goods, listed in Annex I to the Regulation in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where that officer or the Secretary of State has grounds for suspicion that —
a
relevant information was not taken into account when the Community Licence was granted; or
b
circumstances have materially changed since the issue of the Community Licence, provided that the period shall be extended to 30 working days where the Secretary of State certifies that a request for such an extension in accordance with Article 12(4) of the Regulation has been received from the Member State which granted the Community Licence.
Application of the Customs and Excise Management Act 1979
21
1
It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of the provisions of this Order described in paragraph (3).
2
It shall be the duty of the Commissioners to take such action as they consider appropriate to secure the enforcement of the Regulation in respect of the export of dual-use goods, software and technology.
3
The provisions referred to in (1) are articles 3, 4, 5, 6, 7, 8, 9, 10, 17, 18 and 19 but excluding articles 8(1) and 9(3). Article 14 of this Order shall be enforced only insofar as the obligation relates to the powers of the Commissioners.
4
Sections 145 to 148 and 150 to 152(b) and 153 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties created under this Order and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
For the purposes of this Order, offences other than those in respect of which a duty is imposed upon the Commissioners by virtue of paragraph (3) shall not be offences under the customs and excise Acts for the purposes of section 145 of the Customs and Excise Management Act 1979.
6
In the case of any person who is guilty of any offence related to any prohibition or restriction in articles 3, 4 or 5 of this Order or in Article 3(1), 4(1), (2) (3) or 21(1) of the Regulation, sections 68(3)(b) and 170(3)(b) of the Customs and Excise Management Act 1979 shall have effect as if for the words “7 years” there were substituted the words “10 years”.
7
Paragraph 6 does not apply in respect of prohibitions or restrictions on the exportation of firearms falling within section 5 of the Firearms Act 1968.
Use and disclosure of information
22
1
This article applies to information which is held by —
a
the Secretary of State, or
b
the Commissioners,
in connection with the operation of controls imposed by this Order or by any directly applicable Community provision on the exportation of goods, the transfer of technology or participation in the provision of services connected with the development, production or use of goods or technology.
2
Information to which this article applies may be used for the purposes of, or for any purposes connected with —
a
the exercise of functions in relation to any control imposed by this Order or by any other order made under the Act;
b
giving effect to any European Community or other international obligation of the United Kingdom;
c
facilitating the exercise by an authority or international organisation outside the United Kingdom of functions which correspond to functions conferred by or in connection with any activity subject to control by this Order or any other order made under the Act; and
may be disclosed to any person for use for these purposes.
3
No disclosure of information shall be made by virtue of this article unless the making of the disclosure is proportionate to the object of the disclosure.
4
For the purposes of this article “information” is any information that relates to a particular business or other activity carried on by a person.
5
Nothing in this article shall be taken to affect any power to disclose information that exists apart from this article.
6
The information that may be disclosed by virtue of this article includes information obtained before the commencement of this Order.
Service of notices
23
Any notice to be given to the Secretary of State by a person under this Order may be given by an agent of his; and shall be sent by post or delivered to the Secretary of State at the Export Control Organisation, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
Revocations
24
Subject to article 25, the Regulations specified in Schedule 6 to this Order are hereby revoked.
Transitional arrangements
25
Notwithstanding the revocation of the Regulations specified in article 24 —
a
licences issued by the Secretary of State which have not ceased to have effect before 1st May 2004 shall continue to have effect until the same date as they would have had effect if those Regulations had not been revoked, and any licence shall be deemed on and after 1st May 2004 to have been made under this Order;
b
the Regulations specified in article 24 shall continue to apply in relation to any export which has occurred before 1st May 2004 and to any export which takes place on or after that date in respect of which a licence has been issued before that date.
Patricia Hewitt,
Secretary of State for Trade and Industry
30th October 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (Borough of Allerdale) Order 2003 and shall come into force on 13th October 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Allerdale.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of StateDepartment for Transport
11th September 2003


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2003.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2001 is revoked.
3
In the Child Abduction and Custody (Parties to Conventions) Order 1986 , for Schedules 1 and 2 there shall be substituted Schedules 1 and 2 set out in the Schedule to this Order.
A.K. Galloway
Clerk of the Privy Council


text:
Title, commencement and application
1
1
These Regulations may be cited as the Pig Carcase (Grading) (Amendment) (England) Regulations 2003 and shall come into force on 12th December 2003.
2
These Regulations apply to England only.
Amendment to the Pig Carcase (Grading) Regulations 1994
2
In regulation 2(1) of the Pig Carcase (Grading) Regulations 1994 there shall be substituted for the definition of “the Commission Decision” the following definition —
“the Commission Decision” means Commission Decision 88/234/ EEC authorising methods for grading pig carcases in the United Kingdom as amended by Commission Decision 88/478/EEC , Commission Decision 92/557/EEC , Commission Decision 93/445/EEC , Commission Decision 94/336/ EC and Commission Decision 2003/750/EC .
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th November 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Employment Act 2002 (Commencement No. 5) Order 2003.
2
In this Order, any reference to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Employment Act 2002.
Appointed day
2
The day appointed for the coming into force of —
a
section 49; and
b
paragraphs 9, 10, 15, and paragraph 8 so far as it relates to those paragraphs, 51 and 55 of Schedule 7, and section 53 so far as it relates to those paragraphs,
shall be 5th July 2003.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
2nd July 2003


text:
Now, therefore, in exercise of the powers conferred by section 112(2)(a) and (b) of the Terrorism Act 2000, the Secretary of State hereby makes the following Order:
1
This Order may be cited as the Terrorism Act 2000 (Continuance of Part VII) Order 2003 and shall come into force on 19th February 2003.
2
1
Subject to paragraph (2), the provisions of Part VII of the Terrorism Act 2000 which are in force on 18th February 2003 shall continue in force for the period beginning with 19th February 2003 and ending with 18th February 2004.
2
The following provisions of the Terrorism Act 2000 shall cease to have effect: —
a
section 97(1) and (2);
b
paragraph 36 of Schedule 4;
c
paragraphs 19 to 21 of Schedule 5.
Paul Murphy
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
13th February 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Sponsorship) Transitional Regulations 2003 and shall come into force on 14th February 2003.
2
These Regulations extend to England, Wales and Northern Ireland.
Interpretation
2
In these Regulations: —
the “ Act ” means the Tobacco Advertising and Promotion Act 2002;
“exceptional global event” means an event or activity that takes place in at least two continents and three sovereign States.
Sponsorship
3
1
Subject to paragraph (2), section 10 of the Act shall not apply before 30th July 2003 to a sponsorship agreement which was in existence on 11th July 2001, including any agreement renewed since that date, provided that in the case of an agreement renewed since 11th July 2001, the amount spent on sponsorship pursuant to the agreement in any 12 month period does not exceed the amount spent in the 12 months ending on 11th July 2001.
2
Section 10 of the Act shall not apply before 31st July 2005 to a sponsorship agreement which was in existence on 11th July 2001, including any agreement renewed since that date, which relates to an exceptional global event, provided that —
a
the amount spent on sponsorship pursuant to the agreement in the 12 months ending on 11th July 2001 was to the value of at least £2.5 million; and
b
after 29th July 2003,
i
the amount spent on sponsorship pursuant to the agreement decreases at an annual rate of not less than 20 per cent compared to the previous year; and
ii
the total area of visible advertisements at any part of the exceptional global event taking place within the United Kingdom is reduced each year by not less than 20 per cent compared to the previous year.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
21st January 2003


text:
Title, application and commencement
1
This Scheme may be cited as the Farm Waste Grant (Nitrate Vulnerable Zones) (England) Scheme 2003, shall apply in England and shall come into force on the day after the date on which it is made.
Interpretation
2
In this Scheme —
“agricultural business” means an agricultural business which is at least partly carried out on land situated in a nitrate vulnerable zone;
“slurry” has the same meaning as in Regulation 2 of the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 ;
“nitrate vulnerable zone” means any area designated as a nitrate vulnerable zone by —
regulation 3(1) of the Protection of Water against Agricultural Nitrate Pollution (England and Wales) Regulations 1996 ; or
regulation 3(1) of the Nitrate Vulnerable Zones (Additional Designation) (England) ( No. 2) Regulations 2002 .
Payment and amount of grants
3
1
Subject to the following provisions of this Scheme, the Secretary of State may make to any person one or more grants representing 40 per cent. of the expenditure to be incurred by him for the purposes of or in connection with the carrying on of an agricultural business, being expenditure incurred after 16th April 2003 but before 31st October 2005 and which —
a
is incurred in respect of —
i
the provision, replacement or improvement of —
aa
facilities (including safety fencing) for the handling and storage of manure, slurry and silage effluent;
bb
fixed disposal activities for slurry and silage effluent, or
cc
facilities (other than roofing) for the separation of clean and dirty water, where those facilities reduce the need to store slurry; or
ii
any work, facility or transaction (including conservation or amenity works) incidental to any matter in respect of which a grant may be made under the foregoing provisions of this paragraph;
b
appears to the Secretary of State to be of a capital nature or incurred in connection with expenditure of a capital nature;
c
is approved by the Secretary of State for the purposes of a grant under this Scheme; and
d
does not in aggregate exceed £85,000.
2
Where it appears to the Secretary of State that expenditure, in respect of which an application is made for a grant under sub-paragraph (1), is to be incurred partly for the purposes of or in connection with the carrying on of an agricultural business and partly for other purposes she may treat as being incurred for the purposes of or in connection with the carrying on of an agricultural business so much of that expenditure as appears to her to be referable to the carrying on of that agricultural business.
Financial Limits
4
1
If, in view of the total number of applications for grant already approved or received, the Secretary of State is at any time of the opinion that the financial resources which are available for payment of grant under this Scheme during any period are insufficient to satisfy any payment during the period which would result from the approval of any further application, she may, in respect of any application received at the date of her decision but not yet accepted, or any application she may receive during the relevant period —
a
suspend further consideration of any such application until such time as may subsequently be specified by her; or
b
reject any such application without further consideration.
2
Notice of —
a
a decision —
i
to suspend consideration of any application under sub-paragraph (1)(a); or
ii
to reject any application without further consideration under sub-paragraph (1)(b), or
b
of the termination of the relevant period,
shall be published in The London Gazette.
3
In sub-paragraphs (1) and (2), “the relevant period” means the period beginning with the day after the date of the Secretary of State’s decision referred to in sub-paragraph (1), or any subsequent date specified by her in a notice under sub-paragraph (2)(a), and ending with such date as may be specified by her in a notice under sub-paragraph (2)(b).
Restrictions on the making of grants
5
The Secretary of State shall not make a grant under sub-paragraph (1) of paragraph 3 —
a
in respect of any agricultural business which is not at least partly carried out on land situated in a nitrate vulnerable zone;
b
unless she is satisfied that the expenditure towards which the grant is to be made will result in some environmental benefit accruing to the nitrate vulnerable zone concerned;
c
unless the requirements of Article 5 of Council Regulation ( EC ) No. 1257/1999 are satisfied;
d
if the objective of the expenditure, in respect of which an application for grant is made, is an increase in production for which no normal market outlets can be found; or
e
where the whole or part of such grant would duplicate assistance provided or to be provided out of monies by:
i
the European Community;
ii
Parliament; or
iii
a body exercising public functions within the United Kingdom.
Applications for grant
6
1
Any application for a grant under this Scheme shall be made in such form and manner and by such date as the Secretary of State shall determine, and an applicant shall provide all such particulars and information relating to the application as the Secretary of State may reasonably require, including, where specified by her, relevant documents and records.
2
The Secretary of State shall inform an applicant in writing whether the application is approved or not and, if it is not approved, shall give the reasons.
Revocation and transitional provisions
7
1
Subject to sub-paragraph (2), the Farm Waste Grant (Nitrate Vulnerable Zones) (England) (No. 2) Scheme 2000 (“the 2000 Scheme ”) is hereby revoked .
2
The 2000 Scheme shall continue to apply in relation to applications for grant approved under that Scheme before the date on which this Scheme comes into force.
Whitty
Parliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
6th March 2003
We consent
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 13) Order 2003.
2
In this Order, “ the Act ” means the Health Act 1999.
Appointed day
2
9th July 2003 is the day appointed for the coming into force of section 60(3) of the Act in so far as it relates to —
a
sections 6, 7, 9(3) and (4) and 13 of the Professions Supplementary to Medicine Act 1960; and
b
in Schedule 5 to the Act, the repeals relating to the provisions specified in paragraph (a) of this article.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
3rd July 2003


text:
Title, application and commencement
1
This Order may be cited as the Animal Gatherings (England) Order 2003; it applies in England and comes into force on 1st August 2003.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and pigs;
“animal area” has the meaning given in article 4(3)(c);
“animal gathering” means an occasion at which animals are brought together for —
a sale, show or exhibition;
onward consignment within Great Britain for further rearing, finishing or slaughter;
inspection to confirm the animals possess specific breed characteristics;
“approved disinfectant” means a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 at the concentration required under that Order for “General Orders”; and
“equipment” includes pens and hurdles.
Exceptions
3
This Order shall not apply if —
a
all the animals brought to the gathering are owned by the same person;
b
all the animals come from one set of premises which the Secretary of State has authorised as a sole occupancy group under the Disease Control (England) Order 2003 ; and
c
the animal gathering is to take place on premises owned or occupied by the owner of the animals.
The use of premises for animal gatherings
4
1
No person shall use premises for an animal gathering unless those premises are licensed for that purpose by a veterinary inspector.
2
A licence under this article —
a
shall be in writing;
b
may be amended, suspended or revoked by a notice in writing issued by a veterinary inspector; and
c
may be subject to such conditions as the veterinary inspector considers necessary to control the introduction into or spread of disease within or from the licensed premises.
3
A licence shall specify —
a
the name of the licensee;
b
the premises in which the animal gathering may take place; and
c
the area to which animals may be given access (“the animal area”).
27 day restriction on when an animal gathering can take place
5
No person shall allow an animal gathering to take place on premises on which animals have been kept until 27 days have passed from the day on which —
a
the last animal left those premises; and
b
after the last animal has left the premises, all equipment to which animals have had access has been cleansed of visible contamination.
Exemption from the 27 day restricted period for premises with a paved animal area
6
1
The restriction in article 5 does not apply if the animal area in the licensed premises is paved with cement, concrete, asphalt or other hard, impermeable material that is capable of being effectively cleansed and disinfected, and is cleansed and disinfected and waste is disposed of in accordance with this article before a further animal gathering is held.
2
The cleansing and disinfection —
a
must not begin until all animals have been removed from the part of the animal area being cleansed and disinfected; and
b
must be completed after the last animal has left the licensed premises and before an animal gathering is held on the premises again.
3
All parts of the animal area (including any equipment) must be swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
4
The licensee shall ensure that all feedingstuffs to which animals have had access, and all bedding, excreta, other material of animal origin and other contaminants derived from animals in the animal area are, as soon as possible and before animals are allowed to enter the licensed premises again —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals do not have access to it.
5
If, following the last occasion on which the animal area was cleansed and disinfected in accordance with this article, it becomes contaminated with animal excreta or other material of animal origin or any contaminant derived from animals, then the animal area or those parts of it that have become so contaminated must be swept or scraped clean and then cleansed by washing and an approved disinfectant applied before any animals are allowed on to the licensed premises again.
Maximum time limits
7
1
No animal gathering for the purpose of —
a
a sale held on premises to which article 6 applies; or
b
an onward consignment licensed under this Order,
shall last longer than 48 hours.
2
The 48 hour period shall begin at midday and shall end at midday two days later.
3
The licensee shall ensure that —
a
no animal is brought on to the premises before the 48 hour period starts; and
b
every animal is removed from the premises by the end of the 48 hour period.
4
A veterinary inspector may by notice in writing extend the 48 hour time limit in respect of a sale if he is satisfied that —
a
this is necessary for animal welfare reasons; or
b
the risk of the introduction of disease into the sale and subsequent dissemination is low.
Duties on persons at an animal gathering
8
When an animal gathering (other than for a show or exhibition) is taking place the provisions of the Schedule (requirements at an animal gathering) shall have effect.
Restrictions following an animal gathering
9
1
The provisions of this article apply once the last animal at an animal gathering has left the licensed premises.
2
No person shall allow animals on to the licensed premises until all equipment to which animals at the gathering had access has been cleansed of visible contamination.
3
No person shall remove from the licensed premises any equipment to which animals at the gathering had access unless —
a
the equipment has been cleansed of visible contamination and a period of 27 days has elapsed since the last animal at the animal gathering has left the licensed premises; or
b
the equipment has been swept or scraped clean, cleansed by washing and disinfected with an approved disinfectant.
Enforcement
10
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this article shall be discharged by the Secretary of State and not by the local authority.
Revocations
11
The following are revoked —
a
The Markets, Sales and Lairs Order 1925 ;
b
The Markets, Sales and Lairs (Amendment) Order 1926 ;
c
The Markets, Sales and Lairs (Amendment) Order 1927 ;
d
The Markets, Sales and Lairs (Amendment) Order 1996 ;
e
The Animal Gatherings (Interim Measures) (England) Order 2003 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th July 2003


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (Single Vehicle Approval) Regulations 2003 and shall come into force on 8th August 2003.
Interpretation
2
1
In these Regulations —
“ Directive 92/61/EEC ” means Council Directive 92/61/ EEC relating to the type-approval of two or three-wheel motor vehicles as amended by Directive 2000/7/ EC of the European Parliament and of the Council ;
“ Directive 93/34/EEC ” means Council Directive 93/34/EEC on statutory markings for two or three-wheel motor vehicles as amended by Commission Directive 1999/25/EC ;
“ Directive 2002/24/EC ” means Directive 2002/24/EC of the European Parliament and of the Council relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EC ;
“the 1988 Act ” means the Road Traffic Act 1988;
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 ;
“appeal” means an appeal under section 60 of the 1988 Act in respect of the determination of an application;
“application” means an application (whether an original application or a further application) under regulation 5 of these Regulations for the issue of a Minister’s approval certificate under section 58 of the 1988 Act;
“approval requirements” means the requirements as to the design, construction, equipment and marking of vehicles prescribed for the purpose of section 54 of the 1988 Act by regulation 4(1) of these Regulations;
“axle weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations ;
“conformity certificate” means —
a type approval certificate issued pursuant to Directive 92/61/EEC or Directive 2002/24/EC;
a communication issued pursuant to an ECE Regulation, or under the law of any State in which that Regulation has effect, indicating that a vehicle or part of a vehicle conforms to that Regulation; or
an EC certificate of conformity;
“the Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“cm 3 ” means cubic centimetres;
“diesel moped” means a three-wheel vehicle fitted with an internal combustion engine other than of the spark (positive) ignition type the maximum net power output of which does not exceed 4 kW being a moped within the meaning of the second indent of Article 1.2(a)(ii) of Directive 2002/24/EC;
“driver” includes the rider and controller of a vehicle and “drive ” shall be construed accordingly;
“electric moped” means a vehicle fitted with an electric motor being a moped within the meaning of the second indent of Article 1.2(a)(i) or the third indent of Article 1.2(a)(ii) of Directive 2002/24/EC;
“examination” means an examination for the purposes of an application or a re-examination for the purposes of an appeal and “examiner” means the person carrying out an examination;
“48 km/h moped” means a vehicle which —
has a maximum design speed not exceeding 48 km/h and would be a moped within the meaning of the first indent of Article 1.2 of Directive 92/61/EEC save that it has a maximum design speed exceeding 45 km/h; and
is manufactured before these Regulations come into force;
“further application” means an application made in accordance with regulation 5(6) of these Regulations;
“gross weight” has the meaning specified for that expression in column 2 of the table in regulation 3(2) of the Construction and Use Regulations;
“km/h” means kilometres per hour;
“kW” means kilowatts;
“the Lighting Regulations ” means the Road Vehicles Lighting Regulations 1989 ;
“ mm ” means millimetres;
“original application” means an application made in accordance with regulation 5(1) to (3) of these Regulations, not being a further application;
“part”, in relation to a vehicle, includes a system, a separate technical unit and a component;
“relevant vehicle” means a vehicle to which these Regulations apply by virtue of regulation 3;
“Schedule 1 vehicle” means a vehicle falling within Schedule 1;
“system” means a system as defined in Article 2.4 of Directive 2002/24/EC; and
“350kg quadricycle” means a vehicle within the meaning of Article 1.3(a) of Directive 2002/24/EC the unladen mass of which is —
in the case of an electric vehicle, 350 kilogrammes excluding the mass of its batteries; and
in the case of any other vehicle, 350 kilogrammes.
2
Other expressions used in these Regulations which are also used in Directive 92/61/EEC shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
A reference in Schedule 2 to these Regulations to a Community Directive as amended by another Directive is a reference to that Directive as amended by that other Directive and by Community instruments dated prior to the date of that other Directive.
4
A reference in any provision of these Regulations to a prescribed fee is a reference to the fee (if any) for the time being prescribed for the purposes of that provision in regulations made under section 61 of the 1988 Act.
5
Paragraphs (7) and (8) of regulation 3 of the Construction and Use Regulations (determination of the numbers of wheels and axles of a vehicle) shall apply for the purposes of these Regulations other than item 6 of Schedule 2 as they apply for the purposes of the Construction and Use Regulations other than regulations 26 and 27.
6
For the purposes of these Regulations, a vehicle is to be regarded as being manufactured on or after a particular date if it was first assembled on or after that date, even if it included one or more parts which were manufactured before that date.
7
In these Regulations “ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party and —
a
a reference to an ECE Regulation followed by a two or three digit number which is not itself followed by a two digit number (for example “ECE Regulation 30”) shall be read as a reference to the ECE Regulation of that number which follows that reference;
b
a reference to an ECE Regulation followed by a two or three digit number which is itself followed by a full-stop and a two digit number (for example “ ECE Regulation 30.01”) shall be read as a reference to the ECE Regulation of the first number as amended by the amending series represented by the second number.
PART II
APPROVAL REQUIREMENTS FOR RELEVANT VEHICLES
Application
3
1
Subject to paragraph (2) these Regulations apply to diesel mopeds, electric mopeds, 48 km/h mopeds, mopeds, motor cycles, motor tricycles, quadricycles and 350kg quadricycles.
2
These Regulations do not apply to —
a
any diesel moped, electric moped or 350kg quadricycle which is manufactured before 9th November 2003;
b
any 48 km/h moped; or
c
vehicles of a description referred to in the second paragraph of Article 1(1) of Directive 2002/24/EC as being those to which the Directive does not apply.
Approval requirements
4
1
Subject to the following provisions of this regulation, the approval requirements applicable to a relevant vehicle are the requirements set out or referred to in column 3 of the Table in Schedule 2.
2
The requirements set out or referred to in column 3 of the Table in Schedule 2 have effect subject to the exceptions and modifications set out in column 5 of that Table.
3
An entry in column 4 of an item in the Table in Schedule 2 shall have effect for the purpose of interpreting or otherwise supplementing the entries in that item and, for convenience, expressions that are defined in that column are printed in bold type.
4
Where in relation to an item in the Table in Schedule 2 two or more instruments or other documents are specified in column 3 as alternatives (being instruments or documents containing substantially similar requirements) the requirements prescribed by paragraph (1) shall be the requirements contained in either or any of those instruments or documents.
5
Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and none to any Directive amending that Directive and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if —
a
the base Directive has, before the date these Regulations come into force, been amended by another Directive (“an amending Directive”); and
b
the vehicle would comply with that item were there substituted for that reference a reference to the base Directive as amended by an amending Directive.
6
Where an item in the Table in Schedule 2 contains a reference to a Directive (“the base Directive”) and to a Directive amending that Directive (“ an amending Directive”) and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if —
a
the base Directive has, before the date these Regulations come into force, been amended by a Directive subsequent to the amending Directive (“a subsequent amending Directive”); and
b
the vehicle would comply with that item were there substituted for that reference a reference to the base Directive as amended by any subsequent amending Directive.
7
Where an item in the Table in Schedule 2 contains a reference to an ECE Regulation (“the base Regulation”) followed by a single two or three digit number and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if —
a
the base Regulation has, before the date these Regulations come into force, been amended by an amending series represented by a two digit number (“ an amending series”); and
b
the vehicle would comply with that item were there substituted for that reference a reference to the base Regulation as amended by an amending series.
8
Where an item in the Table in Schedule 2 contains a reference to an ECE Regulation of a two or three digit number (“the base Regulation”) as amended by an amending series represented by a second number of two digits (“the first mentioned amending series”) and a relevant vehicle does not comply with that item, the vehicle shall nevertheless be regarded as complying with that item if —
a
the base Regulation has, before the date these Regulations come into force, been amended by an amending series subsequent to the first mentioned amending series (“a subsequent amending series”); and
b
the vehicle would comply with that item were there substituted for that reference a reference to the base Regulation as amended by any subsequent amending series.
9
A relevant vehicle which meets the technical requirements for permanent registration in another EEA State shall be treated as if it complies with the approval requirements except to the extent that, following an assessment of documentation provided by the applicant in connection with the application where such is provided, the Secretary of State is unable to establish that the vehicle satisfies standards equivalent to the approval requirements.
10
Where a conformity certificate has been issued in relation to a part, but not the whole, of a relevant vehicle, that part shall be treated as complying with the approval requirements which would otherwise be applicable to it as part of the vehicle.
PART III
MISCELLANEOUS
Application for Minister’s approval certificate
5
1
An application for the issue of a Minister’s approval certificate on the basis that the vehicle complies with the approval requirements by virtue of these Regulations shall be made to the Secretary of State.
2
The application shall be in a form which —
a
has been approved by the Secretary of State; and
b
has been duly completed so as to furnish all the information required by that form.
3
The application shall be accompanied by —
a
the documents mentioned in the form as being required in connection with the application; and
b
the prescribed fee .
4
As soon as reasonably practicable after he receives the application, the Secretary of State shall send to the applicant a notice stating the time when and the place where an examination for the purposes of the application is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the examination is to be carried out but he shall not alter the time to an earlier time without the consent of the applicant.
6
Where an original application is refused, other than by virtue of regulation 9 or on the grounds that the vehicle is not a relevant vehicle, a further application by the same applicant in respect of the vehicle shall be regarded as having been made in accordance with and pursuant to paragraphs (1) to (3) if —
a
it is made, whether orally or in writing, to the Secretary of State during the period of six months beginning with the date on which the original application was refused; and
b
at the time that he makes the further application, the applicant requests an examination to be carried out for the purpose of the further application during that period of six months and at the place where the examination took place for the purposes of the original application.
7
Paragraphs (4) and (5) shall not apply to an application made in accordance with paragraph (6) and in the case of such an application —
a
the Secretary of State shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out;
b
the Secretary of State may alter the time when or the place where the examination is to be carried out but he shall not alter the time to an earlier time without the consent of the applicant;
c
if the Secretary of State so alters the time or place, he shall inform the applicant in such manner as he thinks fit of the time when and the place where the examination is to be carried out; and
d
the applicant shall pay the prescribed fee to the Secretary of State before the examination is carried out.
8
Paragraphs (4) to (7) shall not apply to an application for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
Assignment of vehicle identification numbers
6
1
Subject to paragraph (2) when an application is made for a Minister’s approval certificate in accordance with paragraphs (1) to (3) of regulation 5 the Secretary of State shall assign a vehicle identification number to the vehicle to which the application relates where it appears to him that —
a
the vehicle does not have a vehicle identification number which —
i
complies with paragraph 3.1.1 of the Annex to Directive 93/34/EC ; or
ii
has been previously assigned to the vehicle under this regulation; or
b
the vehicle does not fall within sub-paragraph (a) but has a vehicle identification number which is inadequate for the purpose of enabling it to be identified.
2
Paragraph (1) shall not apply where the vehicle identification number of a vehicle does not correspond with the frame number or chassis number, as appropriate, of that vehicle.
Criteria for determining design weights
7
1
Subject to paragraph (2) where an application is made pursuant to regulation 5 the Secretary of State shall determine the axle weight and the gross weight which in his opinion should not be exceeded in respect of the vehicle in accordance with the criteria specified in paragraph (3) and these weights shall be the design weights for the purposes of section 54(2) of the 1988 Act.
2
Paragraph (1) shall not apply to any vehicle in respect of which an application is made under regulation 5 for the issue of a Minister’s approval certificate under section 58(4) of the 1988 Act.
3
The criteria referred to in sub-paragraph (1) are —
a
the design of the vehicle, its construction and equipment and the stresses to which it is likely to be subject when used on a road;
b
any information which is available about the weight which a vehicle of that type was designed by the manufacturer to carry when used on a road; and
c
any information obtained from an examination of a vehicle of that type or a similar type with a view to ascertaining whether at the time of the examination, it complied with any requirement prescribed under section 54 of the 1988 Act and applicable to it.
Appeals
8
1
An appeal by a person aggrieved by a determination made by the Secretary of State pursuant to an application under regulation 5 shall be made by including with the documents submitted a form which —
a
has been provided by the Secretary of State; and
b
has been completed so as to include a description of the grounds upon which the appeal is made and such other information as may be reasonably required by that form.
2
The appeal shall be accompanied by the prescribed fee .
3
The prescribed time within which an appeal against such a determination may be made is 14 days beginning with the date of the determination.
4
As soon as reasonably practicable after the date of the receipt of the appeal the Secretary of State shall send to the appellant a notice stating the time when and the place where the re-examination for the purpose of determining the issues raised on the appeal is to be carried out.
5
The Secretary of State may by notice to the applicant alter the time when or the place where the re-examination is to be carried out, but he shall not alter the time to an earlier time without the consent of the applicant.
Refusal of application or appeal without an examination or a complete examination
9
1
The Secretary of State may refuse an application or appeal even though an examination has not been carried out if —
a
the vehicle is not submitted for examination at the time and place fixed under these Regulations for the examination;
b
the fee in respect of the examination is not paid at or before the time fixed under these Regulations for the examination;
c
the examiner is not able, with the facilities and apparatus available to him at the place at which the examination would otherwise be carried out, to complete the examination without the vehicle being driven or the engine run and the vehicle is not when submitted for examination, either for want of fuel or oil or for any other reason, fit to be driven or for the engine to be run to such extent as may be necessary for the purposes of carrying out the examination;
d
when the vehicle is submitted for the examination, the vehicle or any item which forms part of the vehicle or its equipment is so dirty or dangerous as to make it unreasonable for the examination to be carried out;
e
any things which are on the vehicle when it is submitted for the examination, and are not part of its equipment or accessories, are required by the examiner to be removed from the vehicle or to be secured in such manner as he may think necessary and those things are not removed or secured accordingly;
f
when the vehicle is submitted for the examination, a proper examination cannot be carried out as a consequence of any door, tailgate, boot lid, engine cover, fuel cap or other device designed to be capable of being readily opened, being locked or otherwise fixed so that it cannot readily be opened;
g
when the vehicle is submitted for the examination, its condition is such that, in the opinion of the examiner, a proper examination of the vehicle would involve a danger of —
i
injury to any person, or
ii
damage to the vehicle or any other property;
h
when the vehicle is submitted for examination, there is not permanently fixed to the frame, chassis or main structure of the vehicle in a conspicuous and easily accessible position so as to be readily legible, a vehicle identification number which —
i
complies with paragraph 3.1.1 of the Annex to Directive 93/34/EC and corresponds with the frame number or chassis number, as appropriate, of the vehicle;
ii
has been assigned to the vehicle under regulation 6(1); or
iii
does not fall within sub-paragraph (i) or (ii) but appears to the Secretary of State to be adequate for the purpose of enabling the vehicle to be identified; or
i
the person who is the driver of the vehicle at the time it is submitted for the examination is requested to remain on or in it or in its vicinity throughout the examination, to drive it, to operate its controls or to remove and refit its panels and he declines to do so.
2
Nothing in this regulation shall affect any power of the Secretary of State to refuse an application or to reject an appeal otherwise than under this regulation.
Form of certificate
10
1
Where a Minister’s approval certificate is issued under section 58 of the 1988 Act on the basis that the vehicle complies with the approval requirements by virtue of these Regulations, the certificate shall be in such form as the Secretary of State may determine and shall include the relevant particulars set out in paragraph (2).
2
The relevant particulars are —
a
the identification number of the vehicle or its chassis number or frame number;
b
the make, model, seating capacity, defect identification code, seat belt identification code, design weight and power to weight ratio of the vehicle;
c
the fuel type of the vehicle;
d
the location of the place at which, and the date upon which, examination of the vehicle took place; and
e
the serial number of the certificate.
Replacement certificates
11
1
If a Minister’s approval certificate has been lost or defaced, an application for issue of a replacement for the original certificate may be made, either orally or in writing, to the Secretary of State at the place from which the original certificate was issued.
2
The application shall —
a
specify the identification number of the vehicle in respect of which the original certificate was issued; and
b
be accompanied by the prescribed fee .
3
As soon as reasonably practicable after he receives the application and fee, the Secretary of State shall issue to the applicant a replacement for the certificate to which the application relates and any such replacement shall have the same effect as the certificate which it replaces and shall be marked “replacement”.
Notices
12
Every notice under these Regulations shall be in writing and may be given by post.
Obligatory certificates
13
1
For the purposes of section 63(1) of the 1988 Act —
a
relevant vehicles other than an excepted vehicle are vehicles of the prescribed class;
b
the approval requirements are the prescribed type approval requirements; and
c
the appointed day is 8th August 2003.
2
In this regulation “excepted vehicle” means a vehicle —
a
which is registered;
b
the date of manufacture of which is such that more than ten years have elapsed since it was manufactured; or
c
in relation to which the requirements set out in paragraph (3) are met.
3
The requirements referred to in paragraph (2)(c) are that —
a
the person by whom the vehicle is kept is a member of a visiting force or a member of the civilian component of a visiting force;
b
the vehicle has been imported into the European Economic Area for the personal use of the keeper or of his dependants;
c
there is not in force with respect to the vehicle —
i
an EC certificate of conformity;
ii
a Minister’s approval certificate issued in pursuance of these Regulations;
iii
a Department’s approval certificate issued under Article 31A(4) or (5) of the Road Traffic (Northern Ireland) Order 1981 ; and
d
not more than one other vehicle which meets the requirements of sub-paragraphs (b) and (c) is kept in the United Kingdom by the keeper.
4
The use of a relevant vehicle other than an excepted vehicle is exempted from section 63(1) of the 1988 Act if such use is —
a
for the purpose of submitting it (by previous arrangement for a specified time on a specified date) before it is registered for an examination pursuant to an application under these Regulations;
b
for the purpose of bringing it away, before it is so registered, from such an examination;
c
by an examiner, or a person carrying out such an examination under his direction, for the purpose of —
i
taking it to, or bringing it away from, a place where a part of the examination is to be, or has been carried out, or
ii
carrying out a part of the examination, or
iii
warming up its engine in preparation for the examination, before it is so registered;
d
where an application under regulation 5 is refused following such an examination, for the purpose of —
i
delivering it (by previous arrangement for a specified time on a specified date) at a place where relevant work is to be done on it, or
ii
bringing it away from a place where relevant work has been done on it before it is so registered.
5
In this regulation —
“member of a visiting force” and “member of a civilian component of a visiting force” shall bear the same meanings as in Part I of the Visiting Forces Act 1952 ; and
“relevant work” means work done or to be done to remedy the defects on the grounds of which the application was refused (including work to alter the vehicle in some aspect of design, construction, equipment or marking on account of which the certificate was refused).
Issue of first licence
14
Where application is made for a licence under the 1994 Act for a vehicle of a class which by virtue of regulation 13(1)(a) is a prescribed class for the purposes of section 63(1) of the 1988 Act, the licence shall not be granted unless on the first application after the day appointed by regulation 13(1)(c) for a licence for that vehicle, there is produced evidence that there are one or more certificates in force for the vehicle under sections 54 to 58 of the 1988 Act from which it appears that the vehicle complies with the approval requirements.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
31st July 2003