text:
1
This Instrument may be cited as The Devon County Council (Barnstaple Downstream Bridge) Scheme 2000 Confirmation Instrument 2002 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Devon County Council (Barnstaple Downstream Bridge) Scheme 2000 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Local Government and the Regions, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Devon County Council, County Environment Directorate, Room 512, Fifth Floor, Civic Centre, Barnstaple.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
J Blackie
Regional Director Government Office for the North East
17th April 2002


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Eurocall Limited) Order 2002 and shall come into force on 17th May 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
14th April 2002


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Army) (Amendment) Rules 2002 and shall come into force on 28th February 2002.
Amendments to Rules
2
1
The Courts-Martial (Army) Rules 1997 are amended in accordance with the provisions of this rule.
2
In paragraphs (2)(b) and (3)(b) of rule 16 (convening the court), after “officer members of the court,” there is inserted “any warrant officer members of the court,”.
3
In rule 17 (ineligibility for membership of courts-martial), after “An officer” there is inserted “or warrant officer”.
4
In rule 37(6)(ii) (pre-trial hearing), after “officer members” there is inserted “and any warrant officer members”.
5
In rule 38(1)(b) (challenges and oaths at a pre-trial hearing), after “officer member” there is inserted “or warrant officer member”.
6
In rule 40 (challenges by the accused) —
a
in paragraph (2), after “officer” there is inserted “or warrant officer”; and
b
in paragraph (6), after “officer member other than the president” there is inserted “or any warrant officer member”.
7
In rule 41(3) (administration of oaths and affirmations), after paragraph (b) insert —
bb
any warrant officer member of the court;
.
8
In Schedule 2, Form 1 (form of summons to witness), after “documents” in each place where it occurs there is inserted “or things”.
Adam Ingram
Minister of State, Ministry of Defence
5th February 2002


text:
Citation and commencement
1
This Order shall be cited as the Greenwich-Time to Succeed Education Action Zone (Extension) Order 2002 and shall come into force on 6th September 2002.
Interpretation
2
In this Order —
“Greenwich-Time to Succeed Education Action Zone” means the Education Action Zone established by the Greenwich-Time to Succeed Education Action Zone Order 1999 .
Extension of the Greenwich-Time to Succeed Education Action Zone
3
The Greenwich-Time to Succeed Education Action Zone is extended for a further period of two years beginning with 6th September 2002.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) Regulations 2002; they extend to England and come into force at 8.00 p.m. on 25th January 2002.
2
These Regulations shall apply until midnight on 31st March 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC as last amended by Commission Decision 2002/48/EC (amending for the seventh time Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom );
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
3
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Importation of live animals
4
1
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
2
Paragraph (1) shall not apply in relation to animals brought in under the following conditions —
a
the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
b
the Secretary of State must be notified by those competent authorities, at least three working days before arrival in England, of the details of the consignment, the journey and the port of arrival;
c
before the animals are imported the importer must have obtained a movement licence under the Foot-And-Mouth Disease Order 1983 permitting movement from the port of import to the place of destination;
d
the animals must enter through a port specified in Schedule 1;
e
when animals are brought in by road, each vehicle must contain only a single consignment;
f
the consignment must be taken directly to a single holding;
g
after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer of the local authority or the Secretary of State to cleansing and disinfection premises approved by the Secretary of State;
h
after cleansing and disinfection the Secretary of State shall issue a certificate in the form set out in Schedule 2;
i
the driver of the vehicle shall keep the certificate with him until the vehicle leaves Great Britain and shall produce it to an inspector on demand.
Dispatch of live animals
5
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
Without prejudice to the provisions of Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade in bovine animals and swine ), Council Decision 98/256/EC (concerning emergency measures to protect against bovine sponigiform encephalopathy ) and the restriction on movement imposed under the Foot-And-Mouth Disease Order, the prohibition in paragraph (1) shall not apply in relation to the dispatch of bovine or porcine animals.
4
The health certificates provided for in Council Directive 64/432/EEC accompanying the animals shall bear the following words —
“Animals conforming to Commission Decision 2001/740/EC of 19 October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of fresh meat, minced meat and meat preparations
6
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to meat —
a
marked with the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ) or, in the case of meat from other biungulates, in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat );
b
which is clearly identified;
c
which has been transported and stored since the date of production separately from meat not eligible for dispatch under these Regulations;
d
which was —
i
obtained before 1 February 2001; or
ii
derived from animals slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed in Great Britain after 19 October 2001;
iii
derived from animals reared and slaughtered or, in the case of meat obtained from wild game of species susceptible to foot-and-mouth disease, killed outside Great Britain.
4
Meat consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of meat products
7
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products meeting the public health requirements of Council Directive 77/99/EEC and which —
a
are made from meat specified in regulation 6(3);
b
have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 9, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
5
Paragraph (3) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
6
The prohibition in this regulation shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Dispatch of semen, ova and embryos
8
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iii
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
iv
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
v
prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of the storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;
vi
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
vii
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
d
fresh and frozen bovine semen and porcine semen produced in accordance with Directives 88/407/EEC and 90/429/EEC respectively after 15 January 2002 in Great Britain.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member State shall bear the following words —
“Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
“Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
The health certificate provided for in Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
“Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19 October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom”.
Endorsement of commercial documents
9
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
10
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Offers to dispatch or export
11
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
12
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
13
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of animals
14
1
Where an inspector knows or suspects that animals are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals in the consignment until he is satisfied that the animals comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Illegal consignments of products
15
1
This regulation shall have effect when an inspector, on reasonable grounds, suspects that anything other than animals is intended to be dispatched in contravention of these Regulations.
2
The inspector may either —
a
give notice to the person in charge of the consignment that, until the notice is withdrawn, it may not be removed or must be removed to and stored in a place specified in the notice; or
b
seize it and remove it in order to have it dealt with by a justice of the peace.
3
Where an inspector exercises the power conferred by paragraph (2)(a) he shall as soon as is reasonably practicable and in any event within 21 days, determine whether the consignment is one which may be dispatched under these Regulations, and-
a
if it he is satisfied that its dispatch is not in contravention of these Regulations, he shall withdraw the notice;
b
if he is not so satisfied, shall seize it and remove it in order to have it dealt with by a justice of the peace.
4
Where an inspector seizes a consignment under paragraph (2)(b) or (3)(b), he shall inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the dispatch shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
5
If it appears to a justice of the peace that there was an intention to dispatch the consignment in contravention of these Regulations he shall, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
6
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to dispatch a consignment in breach of these Regulations, the owner, the consignor and the consignee shall be jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
7
Where a notice served under this regulation is withdrawn or the justice of the peace refuses to make an order under paragraph (5), the body who appointed the inspector who served the notice shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector; but this paragraph shall not apply if the notice was served because the consignment was not accompanied by the correct documentation, and the consignment was detained until the correct documentation was provided.
Fees
16
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out for the purposes of establishing the eligibility for dispatch of products under these Regulations a reasonable fee in respect of costs reasonably incurred.
Obstruction
17
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
18
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
19
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary 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
20
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 11 or regulation 17(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, approvals, etc. issued in another part of the British Islands
21
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
22
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
23
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations 2002 are revoked.
Alun Michael
Minister of State
Department for Environment Food and Rural Affairs
2.00pm 25th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1 of the principal Order
2
1
Article 1 of the principal Order (citation, commencement and interpretation) is amended as follows.
2
In paragraph (1) —
a
omit the definition of “appropriate nurse practitioner”;
b
after the definition of “cyanogenetic substances” insert the following definition —
“district nurse/health visitor prescriber” means —
a person who —
is registered in Part 1 or 12 of the professional register, and
has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 ; or
a person who is registered in Part 11 of the professional register as a health visitor,
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
;
c
after the definition of “dosage unit” insert the following definitions —
“Extended Formulary” means the Nurse Prescribers’ Extended Formulary Appendix in the current edition of the British National Formulary;
“extended formulary nurse prescriber” means a person —
who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the professional register; and
against whose name is recorded in that register an annotation signifying that he is qualified to order drugs, medicines and appliances from the Extended Formulary;
;
d
in the definition of “health prescription”, for “or nurse prescriber” insert “, a district nurse/health visitor prescriber or an extended formulary nurse prescriber”;
e
after the definition of “Primary Care Trust” insert the following definition —
“professional register” means the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ;
;
f
in the definition of “registered midwife”, for the words from “the Register” to the end substitute “the professional register”;
g
in the definition of “registered nurse”, for the words from “the Register” to the end substitute “the professional register”;
h
in the definition of “state registered chiropodist”, for the words from “the Register” to the end substitute “the register of chiropodists maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 ”; and
i
in the definition of “state registered paramedic”, for the words from “the Register” to the end substitute “the register of paramedics maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001”.
3
In paragraph (5) , for “Schedules 1, 2 and 5” substitute “Schedules 1, 2, 3A and 5”.
Amendment of article 2 of the principal Order
3
In article 2 of the principal Order (appropriate practitioners), for paragraph (b) substitute the following paragraphs —
b
in relation to the descriptions and classes of medicinal products specified in Schedule 3, district nurse/health visitor prescribers;
c
in relation to the descriptions and classes of medicinal products specified in article 3A(1), extended formulary nurse prescribers.
.
Amendment of article 3 of the principal Order
4
For article 3 of the principal Order (which specifies classes of prescription only medicines), substitute the following article —
Medicinal products on prescription only
3
The following descriptions and classes of medicinal products are specified for the purposes of section 58, namely —
a
medicinal products in respect of which a marketing authorization has been granted, which in the marketing authorization are classified as being prescription only medicines;
b
medicinal products in respect of which no marketing authorization has been granted consisting of or containing a substance listed in column 1 of Schedule 1;
c
medicinal products that are for parenteral administration;
d
medicinal products that are controlled drugs unless a marketing authorization has been granted in respect of that medicinal product in which the product is classified as being a pharmacy only or on general sale list medicine;
e
cyanogenetic substances, other than preparations for external use;
f
medicinal products that on administration emit radiation, or contain or generate any substance which emits radiation, in order that radiation may be used.
.
Insertion of article 3A in the principal Order
5
After article 3 of the principal Order, insert the following article —
Prescribing by extended formulary nurse prescribers
3A
1
Subject to paragraph (2), the description and classes of medicinal products in relation to which extended formulary nurse prescribers are appropriate practitioners are those prescription only medicines which consist of, or contain, one or more of the substances specified in column 1 of Schedule 3A, but which do not contain any other substance or combination of substances which is a prescription only medicine not included in Schedule 3A.
2
An extended formulary nurse prescriber may —
a
give a prescription for a medicinal product referred to in paragraph (1); or
b
if that medicinal product is for parenteral administration —
i
administer that medicinal product, or
ii
give directions for the administration of that medicinal product,
only where he complies with any condition as to the cases or circumstances in which he may do so that is specified by virtue of paragraph (3).
3
If the entry in column 2 of Schedule 3A relating to a substance specifies one or more requirements as to use, route of administration or pharmaceutical form, it is a condition for the purposes of paragraph (2) that a medicinal product which consists of, or contains, that substance is administered, or is prescribed or directed for administration, in accordance with the specified requirements.
.
Amendment of article 8 of the principal Order
6
Article 8 of the principal Order (exemptions for emergency sale or supply) is amended as follows —
a
in paragraph (2) —
i
in sub-paragraph (a), after “doctor” insert “, a district nurse/health visitor prescriber or an extended formulary nurse prescriber”;
ii
in sub-paragraph (b), after “doctor” insert “, district nurse/health visitor prescriber or extended formulary nurse prescriber”;
iii
in sub-paragraph (c), after “doctor” insert “, district nurse/health visitor prescriber or extended formulary nurse prescriber”; and
b
in paragraph (4), in sub-paragraph (a), in head (ii), after “doctor” insert “, district nurse/health visitor prescriber or extended formulary nurse prescriber”.
Insertion of article 13A into the principal Order
7
After article 13 of the principal Order (exemption in cases involving another’s default) insert the following article —
Exemptions relating to prescriptions given by nurses
13A
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a prescription given by a registered nurse or registered midwife who is not an appropriate practitioner in relation to that medicine where the pharmacist, having exercised all due diligence, believes on reasonable grounds that the person is such a practitioner.
2
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a pharmacist in accordance with a prescription given by an extended formulary nurse prescriber where the pharmacist, having exercised all due diligence, believes on reasonable grounds that the extended formulary nurse prescriber has complied with any condition with which he is required to comply by virtue of article 3A(2) and (3).
.
Amendment of article 15 of the principal Order
8
In article 15 (prescriptions) , in paragraph (2)(c) —
a
in head (iii), for “an appropriate nurse practitioner” substitute “a district nurse/health visitor prescriber, an extended formulary nurse prescriber”; and
b
in head (iv), for “or appropriate nurse practitioner” substitute “, a district nurse/health visitor prescriber or an extended formulary nurse prescriber”.
Insertion of Schedule 3A in the principal Order
9
After Schedule 3 to the principal Order, insert the following Schedule —
SCHEDULE 3A
SUBSTANCES WHICH MAY BE PRESCRIBED, ADMINISTERED OR DIRECTED FOR ADMINISTRATION BY EXTENDED FORMULARY NURSE PRESCRIBERS AND CONDITIONS FOR SUCH PRESCRIPTION OR ADMINISTRATION
Article 3A
Column 1 Column 2 Substance Requirements as to use, route of administration, or pharmaceutical form
Aciclovir External use Acrivastine Oral Adapalene External use Alclometasone dipropionate External use Alimemazine tartrate (trimeprazine tartrate) Oral Amorolfine hydrochloride External use Amoxycillin trihydrate Oral Aspirin Oral Azelaic acid External use Azelastine hydrochloride Ophthalmic use or nasal Baclofen Oral administration in palliative care Beclometasone dipropionate External use or nasal Betamethasone dipropionate External use Betamethasone sodium phosphate Aural or nasal Betamethasone valerate External use Budesonide Nasal Carbaryl External use Carbenoxolone sodium Mouthwash Cetirizine hydrochloride Oral Chloramphenicol Ophthalmic use Cimetidine Oral Cinchocaine hydrochloride External use Clindamycin phosphate External use Clobetasone butyrate External use Clotrimazole External use Cyclizine Parenteral administration in palliative care Dantrolene sodium Oral administration in palliative care Dantron Oral Desogestrel Oral Desoximetasone (Desoxymethasone) External use Dexamethasone Aural Dexamethasone isonicotinate Nasal Diclofenac diethylammonium External use Domperidone Oral or rectal administration in palliative care Domperidone maleate Oral administration in palliative care Doxycycline Oral Econazole nitrate External use Erythromycin External use Ethinylestradiol Oral Etynodiol diacetate (ethynodiol diacetate) Oral Famotidine Oral Felbinac External use Fenticonazole nitrate External use Fexofenadine hydrochloride Oral Flucloxacillin sodium Oral Fluconazole Oral Fludroxycortide (Flurandrenolone) External use Flumetasone pivalate Aural Flunisolide Nasal Fluocinolone acetonide External use Fluocinonide External use Fluocortolone hexanoate External use Fluocortolone pivalate External use Flurbiprofen Lozenges Fluticasone propionate External use or nasal Fusidic acid Ophthalmic use Gentamicin sulphate Aural Gestodene Oral Hydrocortisone External use Hydrocortisone acetate External use Hydrocortisone butyrate External use Hydrocortisone sodium succinate Lozenges Hyoscine butylbromide Parenteral administration in palliative care Hyoscine hydrobromide Oral, parenteral or transdermal administration in palliative care Ibuprofen External use or oral Ibuprofen lysine Oral Ipratropium bromide Nasal Isotretinoin External use Ketoconazole External use Ketoprofen External use Levocabastine hydrochloride Ophthalmic use or nasal Levomepromazine (methotrimeprazine) maleate Oral administration in palliative care Levomepromazine (methotrimeprazine) hydrochloride Parenteral administration in palliative care Levonorgestrel Oral Lithium succinate External use Lodoxamide trometamol Ophthalmic use Loperamide hydrochloride Oral Loratadine Oral Mebendazole Oral Medroxyprogesterone acetate Parenteral Mestranol Oral Metoclopramide hydrochloride Oral or parenteral administration in palliative care Metronidazole External use or oral Metronidazole benzoate Oral Miconazole Dental lacquer Miconazole nitrate External use Minocycline Oral Mometasone furoate External use or nasal Nedocromil sodium Ophthalmic use Nefopam hydrochloride Oral Neomycin sulphate Aural Neomycin undecenoate Aural Nitrofurantoin Oral Nizatidine Oral Norethisterone 9 Oral Norethisterone acetate Oral Norethisterone enanthate Parenteral Norgestimate Oral Norgestrel Oral Nystatin External use Oxytetracycline dihydrate Oral Paracetamol Oral Penciclovir External use Piroxicam External use Prednisolone hexanoate External use Prednisolone sodium phosphate Aural Ranitidine hydrochloride Oral Silver sulphadiazine External use Sodium cromoglycate Ophthalmic use Streptodornase External use Streptokinase External use Sulconazole nitrate External use Terbinafine hydrochloride External use Tetracycline hydrochloride External use or oral Tretinoin External use Triamcinolone acetonide External use, aural, nasal or oral paste Trimethoprim Oral Tuberculin PPD Parenteral Vaccine, Adsorbed Diphtheria Parenteral Vaccine, Adsorbed Diphtheria And Tetanus Parenteral Vaccine, Adsorbed Diphtheria And Tetanus For Adults And Adolescents Parenteral Vaccine, Adsorbed Diphtheria For Adults And Adolescents Parenteral Vaccine, Adsorbed Diphtheria, Tetanus And Pertussis Parenteral Vaccine, Adsorbed Diphtheria, Tetanus And Pertussis (Acellular Component) Parenteral Vaccine, BCG Parenteral Vaccine, BCG Percutaneous Parenteral Vaccine, Haemophilus Influenzae Type B (Hib) Parenteral Vaccine, Haemophilus Influenzae Type B (Hib) with Diphtheria, Tetanus And Pertussis Parenteral Vaccine, Haemophilus Influenzae Type B, Diphtheria, Tetanus And Acellular Pertussis Parenteral Vaccine, Hepatitis A Parenteral Vaccine, Hepatitis A With Typhoid Parenteral Vaccine, Hepatitis A, Inactivated, With Recombinant ( DNA ) Hepatitis B Parenteral Vaccine, Hepatitis B Parenteral Vaccine, Influenza Parenteral Vaccine, Live Measles, Mumps And Rubella ( MMR ) Parenteral Vaccine, Meningococcal Group C Conjugate Parenteral Vaccine, Meningococcal Polysaccharide A and C Parenteral Vaccine, Pneumococcal Parenteral Vaccine, Poliomyelitis, Inactivated Parenteral Vaccine, Poliomyelitis, Live (Oral) Oral Vaccine, Rubella, Live Parenteral Vaccine, Tetanus, Adsorbed Parenteral Vaccine, Typhoid, Live Attenuated (Oral) Oral Vaccine, Typhoid, Polysaccharide Parenteral
.
Amendment of Schedule 7 to the principal Order
10
In Part III of Schedule 7 to the principal Order (Patient Group Directions — classes of individuals by whom supplies may be made), for the last three entries substitute the following entries —
Individuals who are registered in the register of orthoptists maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 (state registered orthoptists).
Individuals who are registered in the register of physiotherapists maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 (state registered physiotherapists).
Individuals who are registered in the register of radiographers maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 (state registered radiographers).
.
Revocations
11
Articles 4 and 6 of the principal Order are revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State
Department of Health
7th March 2002
Bairbre de Brún
Minister of Health, Social Services and Public Safety
7th March 2002


text:
Citation and commencement
1
This Order may be cited as the Children and Family Court Advisory and Support Service (Miscellaneous Amendments) Order 2002 and shall come into force on 31st January 2003.
Amendments
2
For “guardian ad litem” substitute “children’s guardian” in —
a
paragraph 39 of the Schedule to the Justices' Clerks Rules 1999 ; and
b
regulation 15(1)(e) of the Adoption Agencies Regulations 1983 .
3
For paragraph 1(p) of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000 substitute —
p
data processed by any children’s guardian appointed under section 41 of the Children Act 1989, by any guardian ad litem appointed under Article 60 of the Children (Northern Ireland) Order 1995 or Article 66 of the Adoption (Northern Ireland) Order 1987 or by a safeguarder appointed under section 41 of the Children (Scotland) Act 1995;
.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
18th December 2002


text:
Citation and commencement
1
This Order may be cited as the Chester and Halton Community National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The Chester and Halton Community National Health Service Trust is hereby dissolved and accordingly the Chester and Halton Community National Health Service (Establishment) Order 1990 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002.
2
The following provisions —
a
this article,
b
articles 2 to 9 and Schedule 1,
c
article 14 and Schedule 5,
d
article 15 and Schedule 6, in so far as they relate to —
i
the Local Government Act 1988 ,
ii
the Government of Wales Act 1998 , and
iii
the 1989 Act , except sections 93 and 169,
shall come into force on the day after that on which this Order is made.
3
The following provisions —
a
article 10 and Schedule 2,
b
article 11 and Schedule 3,
c
article 12 and Schedule 4,
d
article 13,
e
article 15 and Schedule 6 (in so far as they are not already in force),
shall come into force on the day that falls 12 months after the day on which this Order is made.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1996 Act ” means the Housing Grants, Construction and Regeneration Act 1996 ;
“the 1989 Act” means the Local Government and Housing Act 1989 ;
“the 1985 Act ” means the Housing Act 1985 ;
“the appropriate Minister” —
in relation to a local housing authority in England, means the Secretary of State;
in relation to a local housing authority in Wales, means the National Assembly for Wales;
“assistance” means assistance under article 3;
“assisted work” means work of any description in relation to the carrying out of which assistance is provided;
“living accommodation” means any of the following —
a building or part of a building;
a caravan, within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968 ); and
a boat or similar structure,
occupied or available for occupation for residential purposes (whether, in the case of a building or part of a building, in single or multiple units); and includes any yard, garden, outhouses and appurtenances belonging to the building or, as the case may be, the caravan, or the boat or similar structure, or usually enjoyed with it;
“local housing authority” means a district council, a London borough council, the Common Council of the City of London, a Welsh county council or county borough council, or the Council of the Isles of Scilly.
Power of local housing authorities to provide assistance
3
1
For the purpose of improving living conditions in their area, a local housing authority may provide, directly or indirectly, assistance to any person for the purpose of enabling him —
a
to acquire living accommodation (whether within or outside their area);
b
to adapt or improve living accommodation (whether by alteration, conversion or enlargement, by the installation of any thing or injection of any substance, or otherwise);
c
to repair living accommodation;
d
to demolish buildings comprising or including living accommodation;
e
where buildings comprising or including living accommodation have been demolished, to construct buildings that comprise or include replacement living accommodation.
2
The power conferred by paragraph (1)(a) may be exercised to assist a person to acquire living accommodation only where the authority —
a
have acquired or propose to acquire (whether compulsorily or otherwise) his existing living accommodation; or
b
are satisfied that the acquisition of other living accommodation would provide for that person a benefit similar to that which would be provided by the carrying out of work of any description in relation to his existing living accommodation.
3
Assistance may be provided in any form.
4
Assistance may be unconditional or subject to conditions, including conditions as to the repayment of the assistance or of its value (in whole or in part), or the making of a contribution towards the assisted work; but before imposing any such condition, or taking steps to enforce it, a local housing authority shall have regard to the ability of the person concerned to make that repayment or contribution.
5
Before a local housing authority provide assistance to any person, they shall —
a
give to that person a statement in writing of the conditions (if any) to which the assistance is to be subject; and
b
satisfy themselves that that person has received appropriate advice or information about the extent and nature of any obligation (whether financial or otherwise) to which he will become subject in consequence of the provision of assistance.
6
A local housing authority may take any form of security in respect of the whole or part of any assistance.
7
Where any such security is taken in the form of a charge on any property, the local housing authority may at any time reduce the priority of the charge or secure its removal.
8
This article is subject to articles 4 and 5.
9
Nothing in this article affects any power of a local housing authority under Part 14 of the 1985 Act (loans for acquisition or improvement of housing).
Provision of assistance: supplementary
4
A local housing authority may not exercise the power conferred by article 3 in any case unless —
a
they have adopted a policy for the provision of assistance under that article;
b
they have given public notice of the adoption of the policy;
c
they have secured that —
i
a document in which the policy is set out in full is available for inspection, free of charge, at their principal office at all reasonable times; and
ii
copies of a document containing a summary of the policy may be obtained by post (on payment, where a reasonable charge is made, of the amount of the charge); and
d
the power is exercised in that case in accordance with that policy.
Protective provisions
5
1
A local housing authority may not provide assistance for a purpose specified in article 3(1)(b), (c) or (d) unless they are satisfied that the owner of the living accommodation concerned has consented to the carrying out of the assisted work.
2
For the purposes of paragraph (1), “owner” —
a
in relation to living accommodation comprising a building or part of a building, means the person who —
i
is for the time being entitled to receive from a tenant of the accommodation (or would be so entitled if the accommodation were let) a rent at an annual rate of not less than two-thirds of the net annual value of the accommodation; and
ii
is not himself liable as tenant of the accommodation, or of property which includes the accommodation, to pay such a rent to a superior landlord;
b
in relation to living accommodation comprising a caravan or a boat or similar structure, means the person who is for the time being entitled to dispose of the caravan or boat or similar structure.
3
In paragraph (2), “net annual value”, in relation to living accommodation, means the rent at which the accommodation might reasonably be expected to be let from year to year if the tenant undertook to pay all usual tenant’s rates and taxes and to bear the cost of repair and insurance and the other expenses, if any, necessary to maintain the accommodation in a state to command that rent.
4
Any dispute arising as to the net annual value of living accommodation shall be referred in writing for decision by the district valuer.
5
In paragraph (4), “district valuer”, in relation to living accommodation in respect of which a person has applied or proposes to apply to a local housing authority for assistance, means an officer of the Commissioners of Inland Revenue appointed by the Commissioners for the purpose of deciding, in relation to the authority, any dispute under that paragraph.
6
Where a local housing authority have specified, or approved the specification for, assisted work, they shall not vary, or require the variation of, that specification unless they have obtained the consent of every person who, in the authority’s opinion, is likely to be affected to any material extent by the variation.
7
A local housing authority shall not vary or revoke any condition to which assistance is subject except on the application or with the consent of the person to whom the assistance was provided.
Provision of information and evidence
6
A local housing authority may require a person —
a
to whom assistance has been provided; or
b
who has applied for assistance,
to give to them, within such period as they may reasonably specify, such information or evidence (including information or evidence relating to his financial circumstances) as the authority may reasonably require for the purposes of, or purposes connected with, the exercise of their powers under article 3.
Contributions towards expenditure of local housing authorities
7
1
Contributions towards expenditure incurred by a local housing authority in providing assistance may be paid by the appropriate Minister.
2
The rate or rates of the contributions, the calculation of the expenditure to which they relate and the manner of their payment shall be determined by the appropriate Minister.
3
A determination under paragraph (2) —
a
may be made generally or with respect to a particular local housing authority or description of authority, including a description framed by reference to authorities in a particular area, and
b
may make different provision in relation to different cases or descriptions of case.
4
Contributions under this article shall be payable subject to such conditions as to records, certificates, audit or otherwise as the appropriate Minister may impose.
5
Where the appropriate Minister is the Secretary of State, the consent of the Treasury is required before any determination is made under paragraph (2) or any conditions are imposed under paragraph (4).
Recovery of contributions
8
1
Where the appropriate Minister has paid contributions under article 7 to a local housing authority, he may recover from the authority such amount as he determines to be appropriate in respect of repayments of assistance.
2
The amount shall be calculated by reference to the amount appearing to the appropriate Minister to represent his contribution to —
a
assistance in respect of which repayments have been made to the authority, or
b
assistance in respect of which repayments could have been recovered if reasonable steps had been taken by the authority,
together with an appropriate percentage of any interest received by the authority, or which would have been received if reasonable steps had been taken by the authority.
3
The question what steps it would have been reasonable for the authority to take shall be determined by the appropriate Minister.
Amendments consequential on article 3
9
Schedule 1, which makes amendments consequential on article 3, shall have effect.
Amendment of section 435 of the 1985 Act and consequential provision
10
1
Section 435 of the 1985 Act (power of local authorities to advance money) is amended in accordance with Part 1 of Schedule 2.
2
Part 2 of that Schedule, which makes provision consequential on paragraph (1), shall have effect.
3
Nothing in paragraph (1) or (2) affects advances made by a local authority under section 435(1)(d) of the 1985 Act (advances for altering, enlarging, repairing or improving houses or for facilitating repayment of previous loans) before the date on which this article comes into force.
Amendment of the 1996 Act
11
1
The 1996 Act is amended in accordance with Schedule 3.
2
Paragraph (1) does not apply in relation to —
a
applications approved under Chapter 1 of Part 1 of the 1996 Act (the main grants) or Chapter 3 of that Part (home repair assistance) before the date on which this article comes into force; or
b
schemes under Chapter 2 of that Part (group repair schemes) in respect of which the date of approval is before the date on which this article comes into force.
Other consequential amendments
12
Schedule 4, which amends enactments in consequence of article 11, has effect.
Amendment of section 93 of the 1989 Act
13
1
Section 93 of the 1989 Act (general powers of local housing authority) is amended as follows.
2
In subsection (5), omit paragraph (b) (and the word “and” immediately preceding it) and the words following it.
3
In subsection (6), omit “all or any of”.
4
Nothing in paragraph (1) affects the provision of assistance under section 93 of the 1989 Act in a case in which an agreement to provide that assistance was entered into before the date on which this article comes into force.
Amendment of Part 7 of the 1989 Act
14
1
Part 7 of the 1989 Act (renewal areas) is amended in accordance with Schedule 5.
2
Paragraph (1) does not apply in relation to renewal areas declared before the date on which this article comes into force.
Repeals
15
1
The enactments specified in Schedule 6 are repealed to the extent specified.
2
Any transitional provision made by —
a
paragraph (3) of article 10,
b
paragraph (2) of article 11,
c
paragraph (4) of article 13, or
d
paragraph (2) of article 14,
applies in relation to any repeal made by Schedule 6 as it applies to any amendments to which the repeal relates.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Jeff Rooker
Minister of State,
Department for Transport, Local Government and the Regions
18th July 2002
Paul Murphy
Secretary of State for Wales
29th May 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2002 and shall come into force on 13th February 2002.
2
These Regulations have effect in relation to the financial year beginning on 1st April 2002.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999 .
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
TABLE
Column 1 Column 2 Column 3 Amounts for P1 Amounts for P2 £ £
Redistributed non-domestic rates 84,120,729 183,533,521 Revenue Support Grant 182,749,747 476,890,837 General GLA Grant 27,950,000 Nil Additional Grant Nil Nil Police Grant Not applicable 1,015,895,687
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
11th February 2002


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2002 and shall come into force on 12th September 2002.
2
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
3
In this Order:
“Council Regulation 2529/01” means Council Regulation ( EC ) No. 2529/01 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 1251/99” means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops ;
“Council Regulation 1254/99” means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal .
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of sub-paragraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit or miscellaneous product as is mentioned in any of the entries 1 to 6 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 2002, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 2002, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2001 is revoked.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
22nd July 2002


text:
Citation and Commencement
1
These Regulations may be cited as the Longley Park Sixth Form College (Government) Regulations 2002, and shall come into force on 1st November 2002.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Longley Park Sixth Form College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Margaret Hodge
Minister of State,
Department for Education and Skills
7th October 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Payments by the Board) Regulations 2002 and shall come into force on 6th April 2003.
2
These Regulations have effect in relation to payments of a tax credit, or any element of a tax credit, which must be made by the Board in relation to the tax year beginning with 6th April 2003 and subsequent tax years.
Interpretation
2
In these Regulations —
“the Act” means the Tax Credits Act 2002;
“the Board” means the Commissioners of Inland Revenue;
“employee” and “employer” have the meaning given by section 25(5) of the Act;
“married couple” has the meaning given by section 3(5) of the Act;
“period of award” shall be construed in accordance with section 5 of the Act;
“the relevant tax year” means the whole or part of the tax year for which an award of a tax credit has been made to a person or persons (referred to in section 24(4) of the Act);
“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;
“unmarried couple” has the meaning given by section 3(6) of the Act.
Child tax credit and child care element — member of a couple prescribed for the purposes of section 24(2) of the Act
3
1
This regulation has effect in relation to payments of —
a
child tax credit; and
b
any child care element of working tax credit.
2
Subject to regulation 5, the member of a married couple or an unmarried couple prescribed by paragraph (3) is prescribed for the purposes of section 24(2) of the Act.
3
The member of a married couple or an unmarried couple prescribed by this paragraph is —
a
the member who is identified by both members of the married couple or unmarried couple as the main carer for the children and qualifying young persons for whom either or both of the members is or are responsible;
b
in default of such a member, the member who appears to the Board to be the main carer for those children and qualifying young persons.
4
“Children” means persons who have not attained the age of sixteen or who fall within the terms of regulation 4 of the Child Tax Credit Regulations 2002 .
5
“Qualifying young persons” means persons, other than children, who —
a
have not attained the age of nineteen, and
b
satisfy the conditions in regulation 5(3) and (4) of the Child Tax Credit Regulations 2002.
6
Where payments are being made to the member of a married couple or an unmarried couple prescribed by virtue of paragraph (3) and the members of the married couple or unmarried couple jointly give notice to the Board that, as a result of a change of circumstances, the payments should be made to the other member as the main carer, the other member shall be treated as prescribed by virtue of paragraph (3).
Working tax credit (excluding any child care element) — member of a couple prescribed for the purposes of section 24(2) of the Act
4
1
This regulation has effect in relation to payments of working tax credit other than payments of any child care element.
2
Subject to regulation 5, the member of a married couple or an unmarried couple prescribed by paragraph (3) is prescribed for the purposes of section 24(2) of the Act.
3
The member of a married couple or an unmarried couple prescribed by this paragraph is —
a
if only one member of the married couple or unmarried couple is engaged in remunerative work, that member;
b
if both members of the married couple or unmarried couple are engaged in remunerative work —
i
the member elected jointly by them; or
ii
in default of any election, such of them as appears to the Board to be appropriate.
4
Where payments are being made to the member of a married couple or an unmarried couple prescribed by virtue of paragraph (3)(b) and the members of the married couple or unmarried couple jointly give notice to the Board that, as a result of a change of circumstances, they wish payments to be made to the other member, the other member shall be treated as prescribed by virtue of paragraph (3)(b).
5
For the purposes of paragraph (3), a member of a married couple or an unmarried couple is engaged in remunerative work if —
a
he is engaged in qualifying remunerative work; or
b
he works not less than 16 hours per week and the other member of the married or unmarried couple is engaged in qualifying remunerative work.
6
“Qualifying remunerative work”, and being engaged in it, have the meaning given by regulation 4 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 .
Member of a couple prescribed for the purposes of section 24(2) of the Act where one of the members of the couple has died
5
1
This regulation applies where one of the members of a married couple or an unmarried couple has died.
2
The member of the married or unmarried couple prescribed by paragraph (3) is prescribed for the purposes of section 24(2) of the Act.
3
The member of the married or unmarried couple prescribed by this paragraph is the member who survives.
4
For the purposes of this regulation, where persons have died in circumstances rendering it uncertain which of them survived the other —
a
their deaths shall be presumed to have occurred in order of seniority; and
b
the younger shall be treated as having survived the elder.
Person prescribed for the purposes of section 24(3) of the Act where an award of a tax credit is made on a claim which is made by one person on behalf of another
6
For the purposes of section 24(3) of the Act, the person prescribed is —
a
the person by whom the claim on behalf of another was made; or
b
if at any time the Board do not consider it appropriate for payments of the tax credit to be made to that person, the person on behalf of whom the claim was made.
Prescribed circumstances for the purposes of section 24(4) of the Act
7
1
Either of the circumstances prescribed by paragraphs (2) and (3) are prescribed circumstances for the purposes of section 24(4) of the Act.
2
The circumstances prescribed by this paragraph are where —
a
a claim for a tax credit for the next tax year has been made or treated as made by the person or persons by the date specified for the purposes of subsection (4) of section 17 of the Act in the notice given to him or them under that section in relation to the relevant tax year; and
b
the Board have not made a decision under section 14(1) of the Act in relation to that claim.
3
The circumstances prescribed by this paragraph are where —
a
a claim for a tax credit for the next tax year has not been made or treated as made by the person or persons; and
b
the Board have not made a decision under section 18(1) of the Act in relation to the person and persons for the relevant tax year.
Time of payment by way of a credit to a bank account or other account
8
1
Subject to paragraph (3), this regulation applies where the tax credit or element is to be paid by way of a credit to a bank account or other account notified to the Board.
2
The tax credit or element shall be paid —
a
each week; or
b
every four weeks,
in accordance with any election given by the person to whom payment is to be made.
3
In the case of an employee entitled to working tax credit, this regulation does not apply where the making of payments of the tax credit by the Board is in consequence of the employer —
a
not being required to make payments of the tax credit in accordance with the Working Tax Credit (Payment by Employers) Regulations 2002 and with any notices given by the Board; or
b
failing to make such payments in accordance with those Regulations and with any such notices.
4
This regulation is subject to regulations 10 and 11.
Time of payment other than by way of a credit to a bank account or other account etc.
9
1
This regulation applies where —
a
the tax credit or element is to be paid other than by way of a credit to a bank account or other account notified to the Board; or
b
in the case of an employee entitled to working tax credit, the making of payments of the tax credit by the Board is in consequence of the employer —
i
not being required to make payments of the tax credit in accordance with the Working Tax Credit (Payment by Employers) Regulations 2002 and with any notices given by the Board; or
ii
failing to make such payments of the tax credit in accordance with those Regulations and with any such notices.
2
The tax credit or element shall be paid at such times as appear to the Board to be appropriate.
Single payment of small sums of tax credit
10
Where the tax credit or element is payable at a weekly rate of less than £2.00, the tax credit or element may be paid by way of a single payment and at such time, and in such manner, as appear to the Board to be appropriate.
Postponement of payment
11
1
The Board may postpone payment of the tax credit or element in any of the circumstances specified in paragraphs (2) and (3).
2
The circumstances specified in this paragraph are where there is a pending determination of an appeal against a decision of an appeal tribunal, a Social Security Commissioner or a court relating to —
a
the case in question; or
b
another case where it appears to the Board that, if the appeal were to be determined in a particular way, an issue would arise as to whether the award in the case in question should be amended or terminated under section 16(1) of the Act.
3
The circumstances specified in this paragraph are where confirmation is pending of —
a
the details of a bank account or other account by way of a credit to which payment is to be made; or
b
the address of the person to whom payment is to be made,
where it appears to the Board that such details or address as were previously notified to them are incorrect.
4
For the purposes of paragraph (2), the circumstances where a determination of an appeal is pending include circumstances where a decision of an appeal tribunal, a Social Security Commissioner or a court has been made and the Board —
a
are awaiting receipt of the decision;
b
in the case of a decision by an appeal tribunal, are considering whether to apply for a statement of reasons or have applied for, and are awaiting receipt of, a statement of reasons; or
c
have received the decision or statement of reasons and are considering —
i
whether to apply for permission to appeal; or
ii
where permission is not needed or has been given, whether to appeal.
5
“Appeal tribunal” has the meaning given by section 63(10) of the Act.
6
“Social Security Commissioner” has the meaning given by section 63(13) of the Act.
Amounts of payments
12
1
The tax credit or element shall be paid in accordance with the most recent decision by the Board under section 14(1), 15(1) or 16(1) of the Act.
2
Where the tax credit or element is to be paid other than by way of a single payment, it shall be paid so far as possible in such amounts as will result in the person to whom payment is to be made receiving regular payments of similar amounts over the entire period of award.
3
Where an award of tax credit is amended, the total amount paid prior to the award being amended shall be taken into account by the Board in determining the amount of any further payments for the remainder of the period of award.
4
Where payments under section 24(4) of the Act are to be made, the rate at which the person or persons were entitled to the tax credit for the relevant tax year shall be taken into account by the Board in determining the amounts of those payments.
Manner of payment
13
1
Subject to paragraph (2), the tax credit or element shall be paid by way of a credit to a bank account or other account notified to the Board by the person to whom payment is to be made.
2
Where it is not possible for the tax credit or element to be paid by way of a credit to a bank account or other account notified to the Board by the person to whom payment is to be made, the tax credit or element may be paid in such manner as appears to the Board to be appropriate.
3
Subject to regulation 14, if no bank account or other account has been notified to the Board, the tax credit or element shall be paid in such manner as appears to the Board to be appropriate.
Entitlement to tax credit or element dependent on a bank account or other account having been notified to the Board
14
1
Subject to paragraphs (2) and (3), if by the end of the relevant period no bank account or other account has been notified to the Board by the person to whom payment of a tax credit or element is to be made, that person shall cease to be entitled to the tax credit or element for the remainder of the period of the award until a bank account or other account is notified to the Board.
2
Where a person who has ceased to be entitled to a tax credit or an element by virtue of paragraph (1) subsequently notifies to the Board a bank account or other account, paragraph (1) —
a
shall not have effect for the period of three months prior to the date on which the Board receive the notification; and
b
shall cease to have effect for the remainder of the period of award.
3
Where there are exceptional circumstances which are expected to result in a person not being able to obtain a bank account or other account throughout the period of award, paragraph (1) shall not have effect in relation to that person’s entitlement to a tax credit or element for the period of award.
4
“The relevant period” means whichever of the following periods ends latest —
a
the period of 8 weeks beginning on the date on which the Board gives notice in writing for the purposes of this regulation to the person to whom payment is to be made of the requirement that a bank account or other account be notified to them;
b
in cases where, within the period mentioned in sub-paragraph (a), the person to whom payment is to be made —
i
requests from the Board authority to open an account for which such authority is required; and
ii
provides sufficient information from which the Board can give that authority,
the period of 3 weeks beginning on the date on which the Board gives that authority;
c
in cases where the person to whom payment is to be made has a reasonable excuse —
i
for not being able to take all necessary steps to obtain a bank account or other account within whichever of the periods set out in sub-paragraph (a) or (b) ends latest; or
ii
for not being able to notify to the Board the bank account or other account within that period,
the period ending with the date by which the account can reasonably be expected to be notified to the Board.
5
“Writing” includes writing produced by electronic communications that are approved by the Board.
Dave Hartnett
Ann Chant
Two of the Commissioners of Inland Revenue
20th August 2002


text:
Citation, commencement and application
1
1
This Order may be cited as the Shrimp Fishing Nets Order 2002 and shall come into force on 1st January 2003.
2
This Order shall not apply to —
a
the territorial sea adjacent to Wales;
b
Scottish fishing boats either in the Scottish zone or outside British fishery limits; or
c
Northern Ireland fishing boats either in the Northern Ireland zone or outside British fishery limits.
Interpretation
2
1
In this Order:
“British fishing boat” means a fishing boat which is either registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“codend” means the rearmost part of a net, being made up of one or more panels comprising pieces of netting of the same mesh size attached to one another along their sides in the long axis of the net by a lacing;
“Northern Ireland fishing boat” means a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland.
2
For the purposes of this Order, the mesh of a net or netting shall be measured in accordance with Commission Regulation ( EEC ) No. 2108/1984 of 23 July 1984 laying down detailed rules for determining the mesh size of fishing nets as amended by Commission Regulation ( EC ) No. 2550/1997 .
Prohibition on fishing for shrimps without a separator trawl or sorting grid
3
1
No British fishing boat shall carry or deploy a net, whose mesh measures between 16 and 31 millimetres unless —
a
netting, the mesh of which measures at least twice that of the codend and no more than 70 millimetres, is fitted across the entire cross-section of the net in such a way that —
i
sea fish cannot reach the codend without first passing through the netting; and
ii
there is a hole in the net through which all sea fish that do not pass through the netting are able to escape;
b
a rigid grid, the spacing between the bars of which is no more than 20 millimetres, is fitted across the entire cross-section of the net in such a way that —
i
sea fish cannot reach the codend without first passing through the grid; and
ii
there is a hole in the net through which all sea fish that do not pass through the grid are able to escape;
c
no sea fish have been caught; or
d
where sea fish have been caught, less than 60 per cent by live weight of the total catch comprises common shrimps (Crangon spp.), Aesop shrimps (Pandalus montagui) or a combination of the two, and the retention of sea fish on board the boat is consistent with Article 25 of Council Regulation 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms as last amended by Council Regulation (EC) No 973/2001 of 14 May 2001 .
2
The prohibition in this article shall not apply to fishing boats with either —
a
an aggregate beam width of 8 metres or less; or
b
a net headline of 8 metres or less.
Powers of British sea-fishery officers
4
1
For the purposes of enforcing this Order or any other Order (made under section 3 of the Sea Fish (Conservation) Act 1967) implementing a similar prohibition to that in article 3 and applying to any category of fishing boat, a British sea-fishery officer may exercise the powers conferred by this article in relation to any British fishing boat to which this Order applies.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose of enforcing this Order and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of any provision of this Order has at any time taken place, he may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th November 2002
Paul Murphy
Secretary of State for Northern Ireland
18th November 2002


text:
Name, commencement and interpretation
1
1
This Order is called The County Borough of The Vale of Glamorgan (Electoral Changes) Order 2002.
2
This Order will come into force:
a
for the purposes of proceedings, preliminary or relating to any election to be held on the 6th May 2004, on the 9th October 2003, and
b
for all other purposes, on 6th May 2004.
3
In this Order —
“the Act” (“ y Ddeddf ”) means the Local Government Act 1972;
“electoral division” (“ adran etholiadol ”) means an electoral division of the County Borough of the Vale of Glamorgan constituted by the Vale of Glamorgan Electoral Arrangements Order 1994 ;
“map” (“ map ”) means the map marked “map of the County Borough of the Vale of Glamorgan (Electoral Changes) Order 2002” and deposited in accordance with Regulation 5 of the Local Government Area Changes Regulations 1976 .
Electoral Divisions
2
1
The existing electoral divisions of the County Borough of the Vale of Glamorgan specified in the Schedule to the County Borough of the Vale of Glamorgan Electoral Arrangements Order 1994 are abolished.
2
For the purposes of the elections of councillors for the County Borough of the Vale of Glamorgan, that County shall be divided into 23 electoral divisions bearing the names specified in column (1) of the Schedule to this Order, and each such electoral division is to comprise the area specified in column (2) of that Schedule, as designated on the map and demarcated by red lines.
3
The number of councillors to be returned for each such electoral division is to be the number specified in relation to the division in column (3) of the Schedule to this Order.
Register of Local Government Electors
3
The registration officer will make such re-arrangements or adaptation of the register of local government electors as may be necessary due to the coming into force of this Order.
Signed on behalf of the National Assembly for Wales
E. Hart
Minister for Local Government, Finance and Communities
6th December 2002


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2002 and shall come into force on 21st October 2002.
Amendment of the Education (Nursery Education and Early Years Development) (England) Regulations
2
The Education (Nursery Education and Early Years Development) (England) Regulations 1999 shall be amended in accordance with regulations 3 to 5 of these Regulations.
3
In regulation 1(3), in the definition of `the partnership', after “development” the words “and childcare” shall be inserted.
4
1
In regulation 3, after the word “development” each time it appears the words “and childcare” shall be inserted.
2
In regulation 3(2)(a), the words “three year period commencing on 1st April 2000” shall be omitted and the words “one year period commencing on 1st April 2003” substituted.
3
In regulation 3(2)(b), the word “three” shall be omitted and the word “one” substituted.
5
1
In regulation 4, after the word “development” each time it appears the words “and childcare” shall be inserted.
2
In regulation 4(1), the word “2000” shall be omitted and the word “2003” substituted.
3
In regulation 4(3), the words “statement of proposals” shall be omitted each time they appear and the word “plan” substituted.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
25th September 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Qualifications and Experience) (Third General System) (Amendment) Regulations 2002.
2
These Regulations shall come into force on 8th August 2002.
Revocation
2
Paragraph 3 of Schedule 1 to the European Communities (Recognition of Qualifications and Experience) (Third General System) Regulations 2002 is hereby revoked and the following is inserted in its place —
3
If an applicant has worked as mentioned in sub-paragraphs (a)(ii) and (iv), (b)(ii) and (iv), (c)(ii) and (d)(ii), and has received at least two years but less than three years prior training, the requirements of paragraph 1 shall be satisfied if the time he has spent working and the time he has spent training together equal —
a
6 years, in the cases of sub-paragraphs (a)(ii), (b)(ii) and (c)(ii);
b
8 years, in the cases of sub-paragraphs (a)(iv) and (b)(iv);
c
5 years, in the case of sub-paragraph (d)(ii).
Alan Johnson
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
1st August 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 and shall come into force on 29th November 2002.
2
These Regulations extend to England and Wales only.
Interpretation
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1997 ;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 .
Amendment of the 1977 Act
3
1
After subsection (1) of section 3 of the 1977 Act (services generally) there shall be inserted —
1A
The Secretary of State may provide or secure the provision of anything mentioned in subsection (1) above outside England and Wales.
2
Section 5(2)(b) of the 1977 Act is repealed.
Amendment of the 1990 Act
4
After paragraph 15 of Schedule 2 to the 1990 Act there shall be added —
15A An NHS Trust may arrange for the provision of accommodation and services outside England and Wales.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
7th November 2002


text:
Title, extent and commencement
1
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (Amendment) Order 2002 and extends to England only.
2
This Order shall come into force on 21st March 2002 at 2.00 p.m.
Interpretation
2
In this Order “the principal Order ” means the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 .
Amendment of article 2
3
1
Article 2(1) of the principal Order is amended in accordance with the provisions of this article.
2
The words “unless the context otherwise requires-” shall be deleted.
3
Before the definition of “collecting centre” there shall be inserted the following —
“assembly centre” means an assembly centre approved by the Minister in accordance with regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 ;
.
4
In the definition of “collecting centre” after “for the trading of animals” there shall be inserted “and not including an assembly centre”.
5
After the definition of “sole occupancy group” there shall be inserted the following —
“temporary grazing land” means land to which sheep are moved for a limited period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept;
.
Amendment of article 4
4
1
Article 4 of the principal Order is amended in accordance with the provisions of this article.
2
In article 4(1) for “other than a” there shall be substituted “other than an assembly centre,”.
3
In article 4(2)(f) “and” shall be deleted.
4
After article 4(2)(f) there shall be inserted the following —
ff
in the case of a sheep being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and
.
5
After article 4(5) there shall be inserted the following —
5A
When a keeper marks a sheep with an X Mark, he shall within 36 hours —
a
where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2)(ff);
b
where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c ).
.
Amendment of article 5
5
1
Article 5 of the principal Order is amended in accordance with the provisions of this article.
2
In article 5(1) for “other than a” there shall be substituted “other than an assembly centre,”.
3
In article 5(2)(f) “and” shall be deleted.
4
After article 5(2)(f) there shall be inserted the following —
ff
in the case of a goat being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied); and
.
5
After article 5(5) there shall be inserted the following —
5A
When a keeper marks a goat with an X Mark, he shall within 36 hours —
a
where the X Mark is applied at an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark, with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2) (ff);
b
where the X Mark is applied at a holding other than an assembly centre, cross-reference the X Mark and the individual identification number applied at the same time as the X Mark with the Mark which has been recorded under paragraph (2)(c).
.
Amendment of article 6
6
1
Article 6 of the principal Order is amended in accordance with the provisions of this article.
2
For article 6(10) there shall be substituted the following —
10
A number shall not fail to be an “individual identification number” by reason only that it is not applied to the same eartag as the Origin Mark, S Mark, F Mark, R Mark or X Mark where —
a
the number was applied in part of the British Islands outside England under legislation in force in that part; or
b
the number was applied in England before the relevant date.
.
3
In article 6(11) “either” shall be deleted and after “sale for slaughter” there shall be added “or returns to the holding from temporary grazing land”.
Amendment of article 9
7
1
Article 9 of the principal Order is amended in accordance with the provisions of this article.
2
In article 9(2)(i) “or” shall be deleted.
3
After article 9(2)(j) there shall be inserted the following —
or
k
a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land.
.
4
After article 9(3) there shall be inserted the following —
3A
a
A person shall not move an animal to an assembly centre unless the animal is marked in accordance with one or more of the following sub-paragraphs —
i
with an Origin Mark and with an individual identification number;
ii
with an S Mark and with an individual identification number;
iii
with an F Mark and with an individual identification number;
iv
with a mark applied under the Sheep and Goats Order 2000 and with an individual identification number.
b
Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
.
5
For article 9(4)(a) there shall be substituted the following —
4
a
A person shall not move an animal to premises outside Great Britain unless the animal is marked in accordance with one or more of the following sub-paragraphs —
i
with an Origin Mark which includes the letters “ UK ” and with an individual identification number;
ii
with an F Mark which includes the letters “UK” and with an individual identification number; or
iii
with an X Mark and an individual identification number which was applied at the same time as the X Mark.
.
Amendment of article 12
8
1
Article 12 of the principal Order is amended in accordance with the provisions of this article.
2
In article 12(1)(c) “and” shall be deleted.
3
After article 12(1)(d) there shall be inserted —
and
e
the individual identification number in respect of an animal which is being moved to an assembly centre.
.
4
In article 12(2)(c)(iii) and in article 12(3)(c ) “or” shall be deleted.
5
After article 12(2)(c)(iv) there shall be inserted the following —
or
v
returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land.
.
6
After article 12(3)(d) there shall be inserted the following —
or
e
to premises outside Great Britain.
.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
20th March 2002