text:
Citation and commencement
1
1
These Regulations may be cited as the Ionising Radiation (Medical Exposure) Regulations 2000 and shall come into force —
a
except for regulation 4(1) and 4(2) on 13th May 2000;
b
as regards regulation 4(1) and 4(2) on 1st January 2001.
Interpretation
2
1
In these Regulations —
“adequate training” means training which satisfies the requirements of Schedule 2; and the expression “adequately trained” shall be similarly construed;
“appropriate authority” means the Secretary of State as regards England, the National Assembly for Wales as regards Wales, or the Scottish Ministers as regards Scotland;
“assessment” means prior determination of amount, parameter or method;
“child” means a person under the age of eighteen in England and Wales or a person under the age of sixteen in Scotland;
“clinical audit” means a systematic examination or review of medical radiological procedures which seeks to improve the quality and the outcome of patient care through structured review whereby radiological practices, procedures and results are examined against agreed standards for good medical radiological procedures, intended to lead to modification of practices where indicated and the application of new standards if necessary;
“diagnostic reference levels” means dose levels in medical radiodiagnostic practices or, in the case of radioactive medicinal products, levels of activity, for typical examinations for groups of standard-sized patients or standard phantoms for broadly defined types of equipment;
“dose constraint” means a restriction on the prospective doses to individuals which may result from a defined source;
“the Directive” means Council Directive 97/43/Euratom laying down measures on health protection of individuals against the dangers of ionising radiation in relation to medical exposure;
“employer” means any natural or legal person who, in the course of a trade, business or other undertaking, carries out (other than as an employee), or engages others to carry out, medical exposures or practical aspects, at a given radiological installation;
“employer’s procedures” means the procedures established by an employer pursuant to regulation 4(1);
“equipment” means equipment which delivers ionising radiation to a person undergoing a medical exposure and equipment which directly controls or influences the extent of such exposure;
“evaluation” means interpretation of the outcome and implications of, and of the information resulting from, a medical exposure;
“health screening” means a procedure using ionising radiation for early diagnosis in population groups at risk;
“individual detriment” means clinically observable deleterious effects that are expressed in individuals or their descendants the appearance of which is either immediate or delayed and, in the latter case, implies a probability rather than a certainty of appearance;
“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 × 10 15 hertz or more capable of producing ions directly or indirectly;
“medical exposure” means any exposure to which regulation 3 applies and which involves an individual being exposed to ionising radiation;
“medical physics expert” means a person who holds a science degree or its equivalent and who is experienced in the application of physics to the diagnostic and therapeutic uses of ionising radiation;
“medico-legal procedure” means a procedure performed for insurance or legal purposes without a medical indication;
“occupational health surveillance” means medical surveillance for workers;
“operator” means any person who is entitled, in accordance with the employer’s procedures, to carry out practical aspects including those to whom practical aspects have been allocated pursuant to regulation 5(3), medical physics experts as referred to in regulation 9 and, except where they do so under the direct supervision of a person who is adequately trained, persons participating in practical aspects as part of practical training as referred to in regulation 11(3);
“patient dose” means the dose concerning patients or other individuals undergoing medical exposure;
“practical aspect” means the physical conduct of any of the exposures referred to in regulation 3 and any supporting aspects including handling and use of radiological equipment, and the assessment of technical and physical parameters including radiation doses, calibration and maintenance of equipment, preparation and administration of radioactive medicinal products and the development of films;
“practitioner” means a registered medical practitioner, dental practitioner or other health professional who is entitled in accordance with the employer’s procedures to take responsibility for an individual medical exposure;
“quality assurance” means any planned and systematic action necessary to provide adequate confidence that a structure, system, component or procedure will perform satisfactorily and safely complying with agreed standards and includes quality control;
“quality control” means the set of operations (programming, coordinating, implementing) intended to maintain or to improve quality and includes monitoring, evaluation and maintenance at required levels of performance;
“radiodiagnostic” means pertaining to in vivo diagnostic nuclear medicine, medical diagnostic radiology and dental radiology;
“radioactive medicinal product” has the meaning given in the Medicines (Administration of Radioactive Substances) Regulations 1978 ;
“radiological” means pertaining to radiodiagnostic and radiotherapeutic procedures and interventional radiology or other planning and guiding radiology;
“radiological installation” means a facility containing equipment;
“radiotherapeutic” means pertaining to radiotherapy including nuclear medicine for therapeutic purposes;
“referrer” means a registered medical practitioner, dental practitioner or other health professional who is entitled in accordance with the employer’s procedures to refer individuals for medical exposure to a practitioner.
2
In these Regulations —
a
any reference to a numbered regulation or schedule is a reference to a regulation of or Schedule to these Regulations;
b
any reference in a regulation to a numbered paragraph is a reference to the paragaph so numbered in that regulation.
Application
3
These Regulations shall apply to the following medical exposures —
a
the exposure of patients as part of their own medical diagnosis or treatment;
b
the exposure of individuals as part of occupational health surveillance;
c
the exposure of individuals as part of health screening programmes;
d
the exposure of patients or other persons voluntarily participating in medical or biomedical, diagnostic or therapeutic, research programmes;
e
the exposure of individuals as part of medico-legal procedures.
Duties of Employer
4
1
The employer shall ensure that written procedures for medical exposures including the procedures set out in Schedule 1 are in place and —
a
shall take steps to ensure that they are complied with by the practitioner and operator; or
b
where the employer is concurrently practitioner or operator, he shall comply with these procedures himself.
2
The employer shall ensure that written protocols are in place for every type of standard radiological practice for each equipment.
3
The employer shall establish —
a
recommendations concerning referral criteria for medical exposures, including radiation doses, and shall ensure that these are available to the referrer;
b
quality assurance programmes for standard operating procedures;
c
diagnostic reference levels for radiodiagnostic examinations falling within regulation 3(a), (b), (c) and (e) having regard to European diagnostic reference levels where available;
d
dose constraints for biomedical and medical research programmes falling within regulation 3(d) where no direct medical benefit for the individual is expected from the exposure.
4
The employer shall take steps to ensure that every practitioner or operator engaged by the employer to carry out medical exposures or any practical aspect of such exposures —
a
complies with the provisions of regulation 11(1); and
b
undertakes continuing education and training after qualification including, in the case of clinical use of new techniques, training related to these techniques and the relevant radiation protection requirements; or
c
where the employer is concurrently practitioner or operator, he shall himself ensure that he undertakes such continuing education and training as may be appropriate.
5
Where the employer knows or has reason to believe that an incident has or may have occurred in which a person, while undergoing a medical exposure was, otherwise than as a result of a malfunction or defect in equipment, exposed to ionising radiation to an extent much greater than intended, he shall make an immediate preliminary investigation of the incident and, unless that investigation shows beyond a reasonable doubt that no such overexposure has occurred, he shall forthwith notify the appropriate authority and make or arrange for a detailed investigation of the circumstances of the exposure and an assessment of the dose received.
6
The employer shall undertake appropriate reviews whenever diagnostic reference levels are consistently exceeded and ensure that corrective action is taken where appropriate.
Duties of the Practitioner, Operator and Referrer
5
1
The practitioner and the operator shall comply with the employer’s procedures.
2
The practitioner shall be responsible for the justification of a medical exposure and such other aspects of a medical exposure as is provided for in these Regulations.
3
Practical aspects of a medical exposure or part of it may be allocated in accordance with the employer’s procedures by the employer or the practitioner, as appropriate, to one or more individuals entitled to act in this respect in a recognised field of specialisation.
4
The operator shall be responsible for each and every practical aspect which he carries out as well as for any authorisation given pursuant to regulation 6(5) where such authorisation is not made in accordance with the guidelines referred to in regulation 6(5).
5
The referrer shall supply the practitioner with sufficient medical data (such as previous diagnostic information or medical records) relevant to the medical exposure requested by the referrer to enable the practitioner to decide on whether there is a sufficient net benefit as required by regulation 6(1)(a).
6
The practitioner and the operator shall cooperate, regarding practical aspects, with other specialists and staff involved in a medical exposure, as appropriate.
7
For the avoidance of doubt, where a person acts as employer, referrer, practitioner and operator concurrently (or in any combination of these roles) he shall comply with all the duties placed on employers, referrers, practitioners or operators under these Regulations accordingly.
Justification of Individual Medical Exposures
6
1
No person shall carry out a medical exposure unless —
a
it has been justified by the practitioner as showing a sufficient net benefit giving appropriate weight to the matters set out in paragraph (2); and
b
it has been authorised by the practitioner or, where paragraph (5) applies, the operator; and
c
in the case of a medical or biomedical exposure as referred to in regulation 3(d), it has been approved by a Local Research Ethics Committee; and
d
in the case of an exposure falling within regulation 3(e), it complies with the employer’s procedures for such exposures; and
e
in the case of a female of childbearing age, he has enquired whether she is pregnant or breastfeeding, if relevant.
2
The matters referred to in paragraph (1)(a) are —
a
the specific objectives of the exposure and the characteristics of the individual involved;
b
the total potential diagnostic or therapeutic benefits, including the direct health benefits to the individual and the benefits to society, of the exposure;
c
the individual detriment that the exposure may cause; and
d
the efficacy, benefits and risk of available alternative techniques having the same objective but involving no or less exposure to ionising radiation.
3
In considering the weight to be given to the matters referred to in paragraph (2), the practitioner justifying an exposure pursuant to paragraph (1)(a) shall pay special attention to —
a
exposures on medico-legal grounds;
b
exposures that have no direct health benefit for the individuals undergoing the exposure; and
c
the urgency of the exposure, where appropriate, in cases involving —
i
a female where pregnancy cannot be excluded, in particular if abdominal and pelvic regions are involved, taking into account the exposure of both the expectant mother and the unborn child; and
ii
a female who is breastfeeding and who undergoes a nuclear medicine exposure, taking into account the exposure of both the female and the child.
4
In deciding whether to justify an exposure under paragraph (1)(a) the practitioner shall take account of any data supplied by the referrer pursuant to regulation 5(5) and shall consider such data in order to avoid unnecessary exposure.
5
Where it is not practicable for the practitioner to authorise an exposure as required by paragraph (1)(b), the operator shall do so in accordance with guidelines issued by the practitioner.
Optimisation
7
1
In relation to all medical exposures to which these Regulations apply except radiotherapeutic procedures, the practitioner and the operator, to the extent of their respective involvement in a medical exposure, shall ensure that doses arising from the exposure are kept as low as reasonably practicable consistent with the intended purpose.
2
In relation to all medical exposures for radiotherapeutic purposes the practitioner shall ensure that exposures of target volumes are individually planned, taking into account that doses of non-target volumes and tissues shall be as low as reasonably practicable and consistent with the intended radiotherapeutic purpose of the exposure.
3
Without prejudice to paragraphs (1) and (2), the operator shall select equipment and methods to ensure that for each medical exposure the dose of ionising radiation to the individual undergoing the exposure is as low as reasonably practicable and consistent with the intended diagnostic or therapeutic purpose and in doing so shall pay special attention to —
a
quality assurance;
b
assessment of patient dose or administered activity; and
c
adherence to diagnostic reference levels for radiodiagnostic examinations falling within regulation 3(a), (b), (c) and (e)
as set out in the employer’s procedures.
4
For each medical or biomedical research programme falling within regulation 3(d), the employer’s procedures shall provide that —
a
the individuals concerned participate voluntarily in the research programme;
b
the individuals concerned are informed in advance about the risks of the exposure;
c
the dose constraint set down in the employer’s procedures for individuals for whom no direct medical benefit is expected from the exposure is adhered to; and
d
individual target levels of doses are planned by the practitioner for patients who voluntarily undergo an experimental diagnostic or therapeutic practice from which the patients are expected to receive a diagnostic or therapeutic benefit.
5
In the case of patients undergoing treatment or diagnosis with radioactive medicinal products, the employer’s procedures shall provide that, where appropriate, written instructions and information are provided to —
a
the patient, where he has capacity to consent to the treatment or diagnostic procedure; or
b
where the patient is a child who lacks capacity so to consent, the person with parental responsibility for the child; or
c
where the patient is an adult who lacks capacity so to consent, the person who appears to the practitioner to be the most appropriate person.
6
The instructions and information referred to in paragraph (5) shall —
a
specify how doses resulting from the patient’s exposure can be restricted as far as reasonably possible so as to protect persons in contact with the patient;
b
set out the risks associated with ionising radiation; and
c
be provided to the patient or other person specified in paragraph (5) as appropriate prior to the patient leaving the hospital or other place where the medical exposure was carried out.
7
In complying with the obligations under this regulation, the practitioner and the operator shall pay special attention to —
a
the need to keep doses arising from medico-legal exposures as low as reasonably practicable;
b
medical exposures of children;
c
medical exposures as part of a health screening programme;
d
medical exposures involving high doses to the patient;
e
where appropriate, females in whom pregnancy cannot be excluded and who are undergoing a medical exposure, in particular if abdominal and pelvic regions are involved, taking into account the exposure of both the expectant mother and the unborn child; and
f
where appropriate, females who are breastfeeding and who are undergoing exposures in nuclear medicine, taking into account the exposure of both the female and the child.
8
The employer shall take steps to ensure that a clinical evaluation of the outcome of each medical exposure, is recorded in accordance with the employer’s procedures or, where the employer is concurrently practitioner or operator, shall so record a clinical evaluation, including, where appropriate, factors relevant to patient dose.
9
In the case of fluoroscopy —
a
the operator shall ensure that examinations without devices to control the dose rate are limited to justified circumstances; and
b
no person shall carry out an examination without an image intensification or equivalent technique.
Clinical Audit
8
The employer’s procedures shall include provision for the carrying out of clinical audit as appropriate.
Expert advice
9
1
The employer shall ensure that a medical physics expert shall be involved in every medical exposure to which these Regulations apply in accordance with paragraph (2).
2
A medical physics expert shall be —
a
closely involved in every radiotherapeutic practice other than standardised therapeutic nuclear medicine practices;
b
available in standardised therapeutic nuclear medicine practices and in diagnostic nuclear medicine practices;
c
involved as appropriate for consultation on optimisation, including patient dosimetry and quality assurance, and to give advice on matters relating to radiation protection concerning medical exposure, as required, in all other radiological practices.
Equipment
10
1
The employer shall draw up, keep up-to-date and preserve at each radiological installation an inventory of equipment at that installation and, when so requested, shall furnish it to the appropriate authority.
2
The inventory referred to in paragraph (1) shall contain the following information —
a
name of manufacturer,
b
model number,
c
serial number or other unique identifier,
d
year of manufacture, and
e
year of installation.
3
The employer shall ensure that equipment at each radiological installation is limited to the amount necessary for the proper carrying out of medical exposures at that installation.
Training
11
1
Subject to the following provisions of this regulation no practitioner or operator shall carry out a medical exposure or any practical aspect without having been adequately trained.
2
A certificate issued by an institute or person competent to award degrees or diplomas or to provide other evidence of training shall, if such certificate so attests, be sufficient proof that the person to whom it has been issued has been adequately trained.
3
Nothing in paragraph (1) above shall prevent a person from participating in practical aspects of the procedure as part of practical training if this is done under the supervision of a person who himself is adequately trained.
4
The employer shall keep and have available for inspection by the appropriate authority an up-to-date record of all practitioners and operators engaged by him to carry out medical exposures or any practical aspect of such exposures or, where the employer is concurrently practitioner or operator, of his own training, showing the date or dates on which training qualifying as adequate training was completed and the nature of the training.
5
Where the employer enters into a contract with another to engage a practitioner or operator otherwise employed by that other, the latter shall be responsible for keeping the records required by paragraph (4) and shall supply such records to the employer forthwith upon request.
Enforcement
12
1
The provisions of these Regulations shall be enforced as if they were health and safety regulations made under section 15 of the Health and Safety at Work etc. Act 1974 and, except as provided in paragraph (2), the provisions of that Act, as regards enforcement and offences, shall apply for the purposes of these Regulations.
2
The enforcing authority for the purposes of these Regulations shall be the appropriate authority.
Defence of due diligence
13
In any proceedings against any person for an offence consisting of the contravention of these Regulations it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
Revocation
14
The Ionising Radiation (Protection of Persons Undergoing Medical Examination or Treatment) Regulations 1988 are hereby revoked.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
13th April 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) (No. 2) Order 2000 and shall come into force on the day after the day on which it is made.
2
The day hereby appointed for the purposes of section 2(2)(b) of the Act is 20th May 2001, being not more than 12 months after the day on which this Order is made or more than five years after the day on which the Act was passed.
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2000 is hereby revoked.
Peter Mandelson
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
20th May 2000


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 2000 and shall come into force on 16th April 2000.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 23rd April 2000; or
ii
if the claim for income support is for a period commencing after 23rd April 2000, from the first day of the first benefit week commencing after 16th April 2000;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 23rd April 2000,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “6.66 per cent.” there shall be substituted the words “6.92 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 5) Regulations 1999
3
The Income Support (General) (Standard Interest Rate Amendment)(No. 5) Regulations 1999 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
20th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) (No. 2) Regulations 2000 and shall come into force on 19th June 2000.
Amendment of the Jobseeker’s Allowance Regulations
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 69(1)(b) (prescribed period for purposes of section 19(2)) after the words “in any case” there shall be inserted the words “(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) ”.
3
In regulation 69(1)(c) after the words “in any case” there shall be inserted the words “(other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) ”.
4
After regulation 75(1)(a)(i)(aa) (interpretation of section 19 of the Jobseekers Act and Part V of the Jobseeker’s Allowance Regulations) there shall be inserted the following —
bb
Gateway to Work, being a programme of up to two weeks' duration, consisting of advice and assistance on job search activity and the development of job search skills;
.
Tessa Jowell
Minister of State,
Department for Education and Employment
17th May 2000


text:
Citation, extent and commencement
1
This Order, which extends to England only, may be cited as the Council Tax (Exempt Dwellings) (Amendment) (England) Order 2000 and shall come into force on 1st April 2000.
Dwellings undergoing repair or alteration
2
In article 3 of the Council Tax (Exempt Dwellings) Order 1992 , for Class A there is substituted —
Class A:
1
a dwelling which satisfies the requirement set out in paragraph (2) unless it has been such a dwelling for a continuous period of twelve months or more ending immediately before the day in question;
2
the requirement referred to in paragraph (1) is that the dwelling is vacant and —
a
requires or is undergoing major repair work to render it habitable, or
b
is undergoing structural alteration, or
c
has undergone major repair work to render it habitable, if less than six months have elapsed since the date on which the work was substantially completed and the dwelling has continuously remained vacant since that date, or
d
has undergone structural alteration, if less than six months have elapsed since the date on which the alteration was substantially completed and the dwelling has continuously remained vacant since that date;
3
for the purposes of paragraph (2) above “major repair work” includes structural repair work;
.
Revocation
3
The Council Tax (Exempt Dwellings) (Amendment) ( No. 2) Order 1999 is revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
22nd February 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Restriction of Employment) Regulations 2000.
2
These Regulations shall come into force on 2nd October 2000.
3
Subject to paragraph (4) these Regulations also apply to Wales .
4
Regulation 2(1) and Schedule 1, in so far as they provide for the revocation of regulation 10A of the 1993 Regulations and regulation 3(4) of the Education (Teachers) (Amendment) Regulations 1998 , and regulations 10 and 11, do not apply to Wales.
Revocations and transitional provisions
2
1
The revocations set out in Schedule 1 shall have effect.
2
Any prohibition or restriction on a person’s employment in force immediately before 1 October 2000 which —
a
is contained in a direction under regulation 10 of the 1993 Regulations; or
b
has effect, by virtue of paragraph 1 of Schedule 1 to the 1993 Regulations, as if so contained
shall have effect as if it were contained in a direction under these Regulations and accordingly regulations 13(1)(b) and 14 shall apply to that direction.
Interpretation
3
1
In these Regulations —
“further education institution” means an institution, not being a school, which provides further education (whether or not it also provides higher education) and is either maintained by a local education authority or is within the further education sector;
“worker with children or young persons” means a person, employed —
by a local education authority; or
by the governing body of a school or institution falling within section 218(10) or (11) of the Education Reform Act 1988 ,
in work, otherwise than as a teacher, which brings him regularly into contact with persons who have not attained the age of nineteen.
2
In these Regulations any reference to the 1993 Regulations is a reference to the Education (Teachers) Regulations 1993 .
Relevant employment
4
Any reference in these Regulations to relevant employment is a reference to employment —
a
by a local education authority, as a teacher (whether or not at a school or further education institution) or worker with children or young persons;
b
by any other body, as a teacher at a school or further education institution;
c
by the governing body of a school or further education institution as a worker with children or young persons;
d
by the proprietor of an independent school, as a teacher or worker with children or young persons; and
e
at an independent school, as a teacher or worker with children or young persons; and
includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.
Prohibition or restriction by the Secretary of State
5
1
The powers conferred on the Secretary of State by paragraph (2) shall only be exercisable —
a
on medical grounds;
b
on the grounds of misconduct;
c
on the grounds that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons; or
d
on the grounds that the person concerned is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children).
2
Where paragraph (1)(a) or (b) applies the Secretary of State may, subject to such qualifications as he may specify —
a
in the case of a person in relevant employment, direct his employer —
i
to suspend or terminate his employment; or
ii
to make his continued employment subject to specified conditions; and
b
in the case of such a person in respect of whom a direction is given under sub-paragraph (a) or of a person not in relevant employment, direct that —
i
he be not subsequently appointed to or employed in relevant employment; or
ii
he be only subsequently so appointed or employed subject to specified conditions, including conditions relating to the employment in question.
3
Where paragraph (1)(c) or (d) applies, the Secretary of State shall —
a
in the case where the person concerned is in relevant employment, direct his employers to terminate his employment and direct that he be not subsequently appointed to or employed in relevant employment; or
b
in the case where the person is not in relevant employment, direct that he be not subsequently appointed to or employed in relevant employment.
4
The employer of a person in relevant employment shall comply with any direction prohibiting or restricting that person’s employment or further employment given under these Regulations.
Consultation
6
Where it appears to the Secretary of State that a person is in relevant employment, he shall not exercise his powers under regulation 5 without first consulting that person’s employer save where regulation 9(1)(a) or (b) applies.
Representations, evidence and information
7
1
Subject to paragraph (3) where the Secretary of State is considering exercising his powers under —
a
regulation 5, save where regulation 9(1)(a) or (b) applies; or
b
regulation 12, save where regulation 9(1)(b) applies,
he shall afford the person concerned the opportunity to make representations to him and, where appropriate, submit medical or other evidence to him within 2 months of the date on which notice of that opportunity is served on the person concerned or, where he is satisfied that the person had good reason not to make such representations or submit such evidence within that period, such further period as the Secretary of State considers reasonable.
2
A notice shall be deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.
3
Paragraph (1) shall not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain the whereabouts of the person concerned.
Medical examination and evidence
8
1
Where the Secretary of State is considering exercising his powers under regulation 5 or 12 he may require the person concerned to submit himself for examination by a qualified medical practitioner appointed by the Secretary of State.
2
At any time before such medical examination, the Secretary of State, or the person concerned, may submit to the qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination.
3
The medical examination may be attended by a qualified medical practitioner appointed for the purpose by the person being examined.
Automatic prohibition
9
1
This regulation applies in the case of a person who —
a
on or after 1st November 1995 —
i
has pleaded guilty to or been found guilty of an offence set out in Schedule 2 to these Regulations against or involving a child under the age of sixteen or who has pleaded guilty to or been found guilty of an attempt to commit any such offence, by or before a court in the United Kingdom;
ii
was employed in relevant employment before or at the time he committed or was convicted of the offence; and
iii
was aged eighteen or over at the time the offence was committed; or
b
is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children).
2
Where paragraph (1)(a) applies, the Secretary of State shall, on receipt of a certificate of conviction in respect of an offence referred to in that paragraph committed by the person concerned, determine that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons, and give a direction in accordance with regulation 5(3)(a) or (b) whichever applies.
3
Where paragraph (1)(b) applies, the Secretary of State shall, on receipt of notification that the person concerned has been included in the list referred to in that paragraph, give a direction in accordance with regulation 5(3)(a) or (b) whichever applies.
4
For the purposes of paragraph (2) “certificate of conviction” shall have the meaning given to it by section 73(2) of the Police and Criminal Evidence Act 1984 .
Person not employed in relevant employment
10
The governing body of a school or further education institution, the local education authority so far as it relates to that school or institution and the proprietor of an independent school shall take such steps as are reasonably practicable to prevent a person who is not employed by them in relevant employment but who is the subject of a direction given by the Secretary of State under these Regulations, from providing services in relation to the school or institution or persons attending it which —
a
are provided by whatever means and whether under contract or otherwise; and
b
would bring that person providing them regularly into contact with persons who have not attained the age of nineteen,
in circumstances where to allow him to provide such services would be contrary to the terms of that direction if he were to be so employed.
Misconduct reports
11
1
Where a person is dismissed from relevant employment on grounds of his misconduct (whether or not he is convicted of a criminal offence) or he has resigned in circumstances where his employer would have dismissed him, or considered dismissing him, on those grounds had he not resigned, his employer shall report the facts of the case and provide such further information in his possession or control as relates to the circumstances giving rise to the dismissal or resignation to the Secretary of State.
2
In paragraph (1), the references to “dismissed from relevant employment” include the termination by the local education authority or the governing body of a school or further education institution of a person’s engagement to provide his services as a teacher in relevant employment otherwise than under a contract of employment and references to “dismissed” or “dismissing” shall be construed accordingly and the reference to “resignation” includes the termination by that person of such an engagement.
Review by the Secretary of State
12
1
Save where regulation 9(1)(b) applies, a direction given under these Regulations (“the earlier direction”) may be revoked or varied by a subsequent direction on either or both of the grounds referred to in paragraph (2).
2
The grounds upon which an earlier direction may be revoked or varied under paragraph (1) are that —
a
the Secretary of State is in possession of information relevant to the decision to give the earlier direction which he did not have at the time that the decision was made; and
b
the Secretary of State is in possession of evidence of a material change in the circumstances of the person concerned occurring since the earlier direction was given.
3
Where regulation 9(1)(b) applies an earlier direction shall be revoked if the name of the person concerned is removed from the list referred to in that paragraph.
4
Where the Secretary of State varies a direction given under these Regulations he may, subject to such qualifications as he may specify, direct that the person concerned be only appointed to or employed in relevant employment subject to specified conditions.
Appeals
13
1
Subject to paragraphs (2) and (3) an appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 may be brought by a person in respect of whom a direction has been given under these Regulations —
a
save where regulation 9(1)(a) or (b) applies, against a direction given to him by the Secretary of State under these Regulations; and
b
save where regulation 9(1)(b) applies, against a refusal by the Secretary of State to revoke or vary a direction given to him under these Regulations following consideration of the information or evidence referred to in regulation 12(2).
2
No appeal may be brought on the ground of information referred to in paragraph 12(2)(a) or evidence referred to in paragraph 12(2)(b) unless that information or evidence has first been brought to the attention of the Secretary of State under regulation 12.
3
Where a person has been convicted of any offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under these Regulations.
The Tribunal’s powers
14
Where on an appeal under regulation 13 the Tribunal considers that the direction is not appropriate it may order the Secretary of State to revoke or vary the direction.
Estelle Morris
Minister of State,
Department for Education and Employment
5th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2000 and shall come into force on 31st December 2000.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2001.
Rules for calculation of contributions
3
In Schedule 1 —
a
in paragraph 1(4), for “2000” there is substituted “2001”;
b
in paragraph 4(4), for “2000 is £83,476,000” there is substituted “2001 is £83,597,000”;
c
for Part II there is substituted —
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford 1.1528 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tandridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking 1.1199 The council of a district, other than a district named above, which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0548 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2228 The council of an outer London borough 1.1149 The Common Council of the City of London 1.4374 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0548
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 2001, in Schedule 2 —
a
for paragraph 2(12) there is substituted the following —
12
It shall be assumed that the amount calculated for the authority in accordance with the assumptions prescribed in sub-paragraphs (1) to (11) above is the total of the amount so calculated multiplied by 0.977.
;
b
for the table in paragraph 8(1) there is substituted the following —
Name or description of authority Percentage
The council of a metropolitan district 0.9 The council of a non-metropolitan district which has the functions of a county council 0.9 The council of a non-metropolitan district which does not have the functions of a county council 0.6 The council of an inner London borough, and the Common Council of the City of London 1.2 The council of an outer London Borough 2.3 The Council of the Isles of Scilly and the Isle of Wight Council 0.9
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
7th December 2000


text:
Title and commencement
1
This Order may be cited as the Crab Claws (Prohibition of Landing) (Revocation) Order 2000 and shall come into force on 15th June 2000.
Revocation
2
The Crab Claws (Prohibition of Landing) Order 1986 is hereby revoked, except in so far as it:
a
forms part of the law of Scotland; or
b
applies to landings in Wales.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd May 2000
John Reid
Secretary of State for Scotland
5th May 2000
Paul Murphy
Secretary of State for Wales
4th May 2000
Peter Mandelson
Secretary of State for Northern Ireland
3rd May 2000


text:
Citation and commencement
1
This Order may be cited as the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000 and shall come into force on 2nd October 2000.
Administration of oaths
2
1
For the purposes of section 52FQ of the Naval Discipline Act 1957 —
a
the Chief Naval Judge Advocate shall administer the oath to be sworn by a judge advocate; and
b
a judge advocate shall administer the oath to be sworn by a lay member of the court,
and the oath shall be in such form and administered in such manner as provided in the Schedule to this Order.
2
In this Order —
“judge advocate” means a judge advocate appointed under section 52FG of the Naval Discipline Act 1957; and
“lay member of the court” means an officer qualified for membership of the summary appeal court under section 52FH of the Naval Discipline Act 1957.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Specified Risk Material (Amendment) (England) Order 2000 and shall come into force on 25th October 2000.
2
This Order extends to England only.
Amendments to the Specified Risk Material Order 1997
2
1
In so far as it extends to England, the Specified Risk Material Order 1997 is amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (Interpretation) —
a
the definitions of “class I specified risk material”, “class II specified risk material”, and “intestines” are revoked; and
b
the definition of “specified risk material” is replaced by the following definition —
“specified risk material” means —
specified bovine material;
specified sheep or goat material;
any part of the animal remaining attached to specified bovine material or specified sheep or goat material after dissection of the carcase;
any animal material which comes into contact with specified bovine material or specified sheep or goat material after it has been removed from the carcase; and
specified solid waste;
.
3
In article 3 (Specified sheep or goat material) —
a
in paragraph (1), the phrase “class I” is deleted; and
b
paragraph (2) is revoked.
4
Paragraphs (1) and (2) of article 4 (Specified bovine material) are replaced by the following paragraphs —
1
In this Order, “specified bovine material” means —
a
the following material in relation to a bovine animal that was slaughtered or died in the United Kingdom or Portugal at an age greater than 6 months —
i
the entire head (excluding the tongue but including the brains, eyes, trigeminal ganglia and tonsils);
ii
the thymus;
iii
the spleen;
iv
the intestines from the duodenum to the rectum; and
v
the spinal cord;
b
in relation to a bovine animal that was slaughtered or has died in the United Kingdom or Portugal at an age greater than 30 months (other than a bovine animal which was accompanied at the time of slaughter by a slaughter certificate issued under the Beef Assurance Scheme as described in Schedule 1 to the Fresh Meat (Beef Controls) ( No. 2) Regulations 1996 , the vertebral column (including dorsal root ganglia); and
c
in relation to a bovine animal that was slaughtered or died, at an age greater than 12 months, elsewhere than in the UK , Portugal, Australia or New Zealand the following material —
i
the skull (including the brains and eyes);
ii
the tonsils;
iii
the spinal cord; and
iv
the ileum.
2
In this article, the references to Portugal do not include a reference to the Autonomous Region of the Azores.
.
5
Article 6 (Import of class I specified risk material) shall be replaced by the following article —
Import of specified risk material
6
1
No person shall import into England from outside the British Islands, any specified risk material except where it is to be transported directly to —
a
approved premises;
b
a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided those purposes do not involve the consumption of specified risk material or products derived from specified risk material by humans or by animals (other than animals kept for the purposes concerned); or
c
in the case of specified risk material imported from another Member State —
i
the premises referred to in regulation 21(1)(a) of the Specified Risk Material Regulations 1997 for direct consignment to the premises referred to in regulation 21(1)(d) of those Regulations; or
ii
the premises referred to in regulation 21(1)(d) of those Regulations.
2
No person shall import into England from outside the British Islands, any food or feeding stuff listed in Schedule 1 below, except any food or feeding stuff which —
a
does not contain specified risk material; and
b
in the case of any food or feeding stuff that is imported from a third country, is accompanied by a certificate in the form set out in Schedule 2 below, issued by the appropriate veterinary authority of the place from which the food or feeding stuff was dispatched.
3
Where specified risk material is imported under paragraph (1) above, the importer shall ensure that it is transported to its place of destination without delay.
4
Contravention of or failure to comply with any provision of this article shall be an offence to which section 76(3) of the Animal Health Act 1981 applies.
5
It shall be a defence for any person charged with an offence under paragraph (1) or (2) above to prove —
a
where it is alleged that he imported any food or feeding stuff listed in Schedule 1 below containing specified risk material, that he did not know or have any reason to believe that it contained any specified risk material;
b
where it is alleged that he imported any food or feeding stuff listed in Schedule 1 below without the certificate referred to in paragraph (2)(b) above, that it was accompanied by a document purporting to be the certificate required by that paragraph, which he did not know or have any reason to believe to be false; and
c
where it is alleged that he imported any food or feeding stuff listed in Schedule 1 below which contained specified risk material and was not accompanied by the certificate referred to in paragraph (2)(b) above, that he did not know or have reason to believe that the food or feeding stuff contained specified risk material nor that the document purporting to be the certificate was false.
6
It shall be a defence for any person charged with an offence under paragraph (3) above to prove that he took all reasonable steps to ensure that the specified risk material was transported to approved premises as required by that paragraph.
.
7
In article 9 (prohibition on the removal of brain and eyes) —
a
the words “aged over” are replaced by the words “which was slaughtered or has died at an age greater than”; and
b
the words “(of any age at death)” are replaced by the words “which at the time it was slaughtered or died had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months”.
8
In paragraph (1) of article 15 (Seizure and destruction of imports) the phrase “class I” is deleted.
9
In Schedule 2 (Form of importation certificate), in the first indent of paragraph II of the Declaration the word “, ileum” is added after the word “tonsils”.
Hayman
Minister of State Minister of Agriculture, Fisheries and Food
4th October 2000


text:
Citation and commencement
1
This Order may be cited as the Aylesbury Vale Community Healthcare National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 1st October 2000.
Amendment of NHS trust Establishment Order
2
For article 3 of the Aylesbury Vale Community Healthcare National Health Service Trust (Establishment) Order 1991 substitute the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and the following services for the purposes of the health service, namely hospital and community health services, at or from the following hospitals, establishments or facilities —
a
Manor House, Bierton Road, Aylesbury, Buckinghamshire HP20 1EG,
b
Marlborough House, the Hospital Campus, Standing Way, Eaglestone, Milton Keynes MK6 5NG,
and at or from any associated hospitals, establishments or facilities.
.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
24th September 2000.


text:
1
1
These Regulations may be cited as the Tax Credits (Decisions and Appeals) (Amendment) Regulations 2000 and shall come into force on 14th February 2000.
2
These Regulations have effect —
a
with respect only to working families' tax credit and disabled person’s tax credit, and
b
with respect to award periods of working families' tax credit or disabled person’s tax credit commencing on or after 5th October 1999.
2
Regulation 5(b) of the Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (“regulation 5(b)”) and regulation 2(b) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (“regulation 2(b)”) shall have effect as if —
a
in regulation 5(b) before sub-paragraph (ii) there were inserted the following sub-paragraph —
i
after the words “Secretary of State”, where those words first occur, there shall be inserted the words “or of an officer of the Board”;
; and
b
regulation 2(b) were amended accordingly.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
21st January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2000, and shall come into force on 14th June 2000.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 for the amount “£0.60” there is substituted the amount “£0.54”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
18th May 2000


text:
PART I
Introduction
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) Regulation 2000 and shall come into force on 28th July 2000.
2
In these Regulations —
Unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/ EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market , Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries , both of which have been amended by the legislation listed in Schedule 1, and, for cattle and pigs, Council Directive 64/432/EEC on health problems affecting intra-Community trade in bovine animals and swine ;
“assembly centre” means holdings, collection centres and markets, to which bovine animals, swine, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade and approved by the Minister (or in Wales the National Assembly for Wales) in accordance with regulation 12;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“dealer” means any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of these animals and who within 30 days of purchasing animals resells or relocates them from the first premises to other premises not within his ownership;
“European international instruments” means the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland , the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation and the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded ;
“herd” means an animal or group of animals kept as an epidemiological unit;
“import” means import into England or Wales;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (or in Wales the National Assembly for Wales) or a local authority, and when used in relation to a person so appointed by the Minister (or in Wales the National Assembly for Wales) includes a veterinary inspector;
“local authority” means —
as respects each London borough (except in relation to imported live animals), unitary authority, metropolitan district or non-metropolitan county, the council of that borough, unitary authority, district or county;
as respect the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Wales, the council of each county or county borough;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“required consignment documentation” means any certificates or other documents which are required by these Regulations to accompany the consignment;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (or in Wales the National Assembly for Wales).
3
Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.
4
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
5
A notice or approval under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
These Regulations shall extend to England and Wales only.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
2
The Minister (or in Wales the National Assembly for Wales) may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister (or in Wales the National Assembly for Wales) and not by the local authority.
PART II
Intra-Community Trade
Application of Part II
4
This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the Directives and other measures referred to in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the Directives or other measures referred to in Part I of Schedule 3 unless —
a
it complies with the relevant provisions of those Directives or measures (including any option permitted by those Directives or measures which has been exercised by the member State of destination);
b
when required by a Directive or other measure, it is accompanied by an export health certificate signed by a veterinary inspector (or, where specified in a Directive or other measure, signed by a veterinary surgeon nominated by the exporter) or any other document required by a Directive or other measure;
c
when required by a Directive or other measure, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the Directive or other measure;
d
if the animal is acquired through an assembly centre, that centre has been approved by the Minister (or in Wales the National Assembly for Wales) for the purposes of intra-Community trade and complies with the provisions of Article 11 of Council Directive 64/432/EEC and Part I of Schedule 3.
2
If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice served under paragraph (2) above not being complied with, an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directives 90/425/EEC ) apply unless the animal originates from a holding which has been registered with the Minister (or in Wales the National Assembly for Wales) and the owner or person in charge of that holding has given to the Minister (or in Wales the National Assembly for Wales) undertakings in accordance with Article 4 of Council Directive 92/65/EEC .
Imports
6
1
No person shall import from another member State any animal or animal product subject to a Directive or other measure listed in Part I of Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that Directive or measure and any additional requirements specified in Part I of Schedule 3.
2
If an animal is imported for slaughter, the importer shall ensure that it is slaughtered without undue delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered as may be specified in the notice.
3
In the event of a notice served under paragraph (2) above not being complied with an inspector may seize or cause to be seized any animal to which it relates and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the required consignment documentation.
3
In the event of a notice served under paragraph (2) above not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
In the case of the transport of cattle or pigs, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to the withdrawal of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 in accordance with Schedule 9 to that Order.
Dealers
8
1
For the purposes of paragraph (2) below the Minister (or in Wales the National Assembly for Wales) shall keep a register of dealers engaging in intra-Community trade who have applied for registration in accordance with that paragraph.
2
If required to do so by a notice served on him by the Minister (or in Wales the National Assembly for Wales), a dealer engaging in intra-Community trade in animals and animal products shall register as such with the Minister (or in Wales the National Assembly for Wales) and shall give such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals and shall keep such records for 12 months from the arrival of the consignment.
4
In the case of dealers in cattle and pigs the provisions of Part III of Schedule 3 shall have effect instead of paragraphs (1) to (3) above.
Approval of centres and teams
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Minister (or in Wales the National Assembly for Wales) shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Minister (or in Wales the National Assembly for Wales) shall suspend, withdraw or restore the approval referred to in paragraph (1) above in accordance with point 3 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65 EEC, the Minister (or in Wales the National Assembly for Wales) shall approve any semen collection centre or embryo collection team which has applied to the Minister (or in Wales the National Assembly for Wales) for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into England or Wales from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the Directive or other measures listed in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the Directives or other measures listed in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector referred to in paragraph (1) above shall be the inspector authorised by the Minister (or in Wales the National Assembly for Wales) to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12
1
Any person operating an assembly centre for the purposes of intra-Community trade in cattle, pigs, sheep or goats shall do so in accordance with this regulation.
2
The assembly centre shall be approved by the Minister (or in Wales the National Assembly for Wales) and given a number, and approval shall only be given if the Minister (or in Wales the National Assembly for Wales) is satisfied that the centre complies with the requirements of paragraphs (a) to (d) of Article 11.1 of Council Directive 64/432/EEC .
3
In the case of cattle or pigs, the operator of an assembly centre shall admit to those premises only animals that are identified and come from herds that are eligible for intra-Community trade.
4
Where animals are consigned to an approved assembly centre, the operator of the assembly centre shall —
a
ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC ; and
b
record on a register —
i
in the case of cattle and pigs, the name of the owner, the registration number of the transporter and the licence number of the lorry delivering or collecting animals from the centre;
ii
in the case of cattle, the origin, date of entry and exit, number and identification number and the proposed destination as well as the information in paragraph (4)(b)(i) above;
iii
in the case of pigs, the registration number of the holding of origin or of the herd of origin and the proposed destination as well as the information in paragraph (4)(b)(i) above,
and shall preserve the register for a minimum of three years.
5
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulation 1995 or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC .
6
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Minister (or in Wales the National Assembly for Wales) to receive such notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose, or
b
by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
7
Where paragraphs (4) and (5) above do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of the Directives or other measures listed in Part 1 of Schedule 3, with respect to identification marks and required consignment documentation;
b
shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Minister (or in Wales the National Assembly for Wales) to receive such notification; and
c
if there is a breach of Article 3.1.d of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Minister (or in Wales the National Assembly for Wales) to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, any other disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within England and Wales; or
b
without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to have charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of and Schedule 1 to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 , maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation; or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
3
If the consignment fails to comply with legislation only by reason of an irregularity in respect of the required consignment documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.
4
In the event of any notice served under this regulation not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART III
Third Countries
Application of Part III
14
This Part of these Regulations shall apply in respect of animals imported into England or Wales —
a
from anywhere other than a member State, and
b
from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Minister (or in Wales the National Assembly for Wales) shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of these Regulations and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into England or Wales or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC are complied with; or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Minister (or in Wales the National Assembly for Wales) and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal except from a country or territory specified under the Decisions in Part I of Schedule 5.
3
No person shall import any animal to which a Directive or Decision listed in Part II of Schedule 5 applies unless it complies with the relevant provisions of that Directive or Decision and any additional requirements specified in that Part.
4
If any animal is imported for slaughter, the importer shall ensure that it is slaughtered without delay; and if it is not slaughtered without undue delay, an inspector may by notice served on the importer, his representative or person in charge of the animals require the animals to be slaughtered as may be specified in the notice.
5
In the event of a notice served under paragraph (4) above not being complied with an inspector may seize or cause to be seized any animal to which it relates and arrange for the requirements of the notice to be complied with.
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may by notice require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice served under paragraph (2) or (3) above not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the Directives or other measures referred to in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless he has been provided by the official veterinarian with a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that Directive to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements —
a
unless the certificate provided under paragraph (3) above has been produced by that person to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
b
to any place other than the address specified in the required consignment documentation, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
5
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 below shall apply as they apply at a border inspection post.
6
In the event of a notice served under paragraph (4) or (5) above not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post or the test results referred to in regulation 18(5) above reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England and Wales; or
c
re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-despatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to have charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the slaughter of the animals and destruction of the carcases, specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice served under paragraph (1) or (4) above not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Minister (or in Wales the National Assembly for Wales).
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with, then the provisions of regulation 21 above shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART IV
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part IV
24
This Part of these Regulations shall apply in respect of animals imported into England or Wales and which originated outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7.1 of Council Directive 91/496/EEC .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART V
General
Outbreaks of disease in other states
27
1
This regulation shall apply where the Minister (or in Wales the National Assembly for Wales) learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1) above, the Minister (or in Wales the National Assembly for Wales) may, for the purpose of preventing the introduction or spreading of disease into or within England or Wales, by a declaration to be published in such manner as the Minister or Assembly (as the case may be) thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.
3
Upon such declaration being made, the entry into England or Wales of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.
4
A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road, or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the Directives or other measures listed in Part I of Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
30
The consignor, his representative and the person in charge of any animals or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
31
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
32
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
33
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 31(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
34
The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a Directive or other measure referred to in Part I of Schedule 3 applies, or to imports of an animal to which a Directive or other measure referred to in Schedule 5 applies from the country subject to that Directive or other measure, to the extent specified in column 3 of the table given in Schedule 6.
Revocations
35
The Animals and Animal Products (Import and Export) Regulations 1998 are revoked in so far as they apply in England and Wales.
Hayman
Minister of State
Ministry of Agriculture,
Fisheries and Food
9th June 2000
Signed on behalf of the National Assembly for Wales
Elis-Thomas
The Presiding Officer
22nd June 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford Radcliffe Hospitals National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 11th April 2000.
2
In this Order, “ the Order ” means the Churchill John Radcliffe National Health Service Trust (Establishment) Order 1993 .
Additional non-executive director
2
In article 4(1) of the Order (directors of the trust), for “5 non-executive ” there shall be substituted “6 non-executive”.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
2nd April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greater London Authority (Disqualification) Order 2000 and shall come into force on the day after the day on which it is made.
2
In this Order “the 1999 Act ” means the Greater London Authority Act 1999.
Designation of disqualifying offices and appointments
2
There are hereby designated as offices and appointments disqualifying persons from being the Mayor or an Assembly member —
a
the office of member of any of the bodies specified in Part I of the Schedule;
b
the offices and appointments specified in Part II of the Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
L. Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd February 2000