text:
PART I
PRELIMINARY
Title and commencement
1
1
These Regulations may be cited as the Specified Risk Material Regulations 1997.
2
Regulations 1, 2, 3, 4, 6, 15(7) and 24(2) of and Schedule 1 to these Regulations shall come into force on 17th December 1997 and the remaining provisions of the Regulations shall come into force on 1st January 1998.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved by the Minister;
“authorised”, in relation to a slaughterhouse or cutting premises, means authorised under regulation 15 below;
“class I specified risk material” means —
class I specified sheep or goat material; and
class I specified bovine material;
but does not include material derived from animals which —
where slaughtered or died outside the United Kingdom before 1st January 1998; or
were born, reared and slaughtered in Australia or New Zealand;
“class II specified risk material” means —
class II specified sheep or goat material;
class II specified bovine material;
any part of the animal remaining attached to class I or II specified bovine material or class I or II specified sheep or goat material after dissection of the carcase; and
any animal material which comes into contact with class I or II specified bovine material or class I or II specified sheep or goat material after it has been removed from the carcase;
“consignment record” means in relation to any consignment of specified risk material, protein or tallow, a record of —
the date on which the consignment was dispatched or received (as the case may be);
the weight of the consignment; and
the person and place to whom the consignment was dispatched or from whom it was received;
“cutting premises” has the meaning given in the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“inspector” means a person designated as such in accordance with regulation 8(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum and anal sphincter;
“licensed”, in relation to cutting premises or a slaughterhouse, means licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995;
“official veterinary surgeon” means a person designated as such in accordance with regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995;
“ruminant animal” means a bovine animal, a sheep or a goat;
“scheme animal” means a bovine animal —
which has been slaughtered pursuant to the purchase scheme introduced under Commission Regulation ( EC ) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom; or
which, being an animal which has been exposed to bovine spongiform encephalopathy, the Minister has caused to be slaughtered under section 32(1) of the Animal Health Act 1981 ;
“sealed vehicle” means a vehicle sealed in accordance with regulation 18 below;
“specified bovine material” has the meaning given in regulation 4 below;
“specified risk material” means —
class I and class II specified bovine material;
class I and class II specified sheep or goat material; and
specified solid waste;
“specified sheep or goat material” has the meaning given in regulation 3 below;
“specified solid waste” means any solid matter resulting from the slaughter of bovine animals, sheep or goats, or from the subsequent processing of their carcases, which is collected in any part of the drainage system draining any place where specified bovine material or specified sheep or goat material is handled;
“stained blue” has the meaning given in regulation 5(1) below;
“stained yellow” has the meaning given in regulation 5(2) below;
“tallow” means fat derived from animal tissues by a process of rendering;
“vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae; and
“young lamb stamp” means the stamp described in regulation 16(2) below.
2
In these Regulations the expression “mechanical means” does not include the use of hand held powered knives which do not use powered pressure or suction.
3
The provisions of these Regulations shall apply to specified bovine material from scheme animals, save that the provisions appearing in column 1 of the Table in Schedule 2 to these Regulations shall apply only to the extent, and subject to the modifications, specified in Column 2.
Specified sheep or goat material
3
1
In these Regulations “class I specified sheep or goat material” means —
a
in relation to material derived from a sheep or goat which at the time it was slaughtered or died either had one or more permanent incisor teeth erupted through the gum or was aged more than 12 months —
i
the skull, including the brain and eyes;
ii
the tonsils; and
iii
the spinal cord; and
b
the spleen of a sheep or goat.
2
In these Regulations “class II specified sheep or goat material” means the head of any sheep or goat which was slaughtered or has died in the United Kingdom except —
a
any part of it which is class I specified sheep or goat material;
b
the horns, where they are removed from the head —
i
immediately after slaughter;
ii
before the head is removed from the carcase; and
iii
without breaking into the cranial cavity; and
c
the tongue, where it is removed from the head immediately after slaughter and before the head is stained.
3
Whole carcases of sheep and goats are class II specified sheep or goat material if they are removed to be rendered whole from the place where they were slaughtered or died.
Specified bovine material
4
1
In these Regulations, “class I specified bovine material” in relation to a bovine animal means —
a
the skull, including the brain and eyes, tonsils and spinal cord, of an animal which was slaughtered or has died outside the UK at an age greater than 12 months; and
b
the brains, spinal cord, thymus, tonsils, spleen and intestines of an animal which was slaughtered or has died in the UK at an age greater than six months, and also the skull (including the eyes) of such an animal which was aged more than twelve months at the time of death.
2
In these Regulations “class II specified bovine material” in relation to a bovine animal means —
a
the head of an animal which was slaughtered or has died in the United Kingdom at an age of six months or over, except —
i
any part of the head which is class I specified bovine material; and
ii
the tongue, where it is removed from the head immediately after slaughter and before the head is stained; and
b
the thymus and intestines of an animal which —
i
died or was slaughtered in the United Kingdom at an age of two months or over but less than six months; or
ii
was slaughtered in the United Kingdom at an age of less than two months for human consumption.
3
A whole carcase of a bovine animal which was slaughtered or has died in the United Kingdom shall not be treated for the purposes of these Regulations as class I or class II specified bovine material.
Staining
5
1
In these Regulations “stained blue” means being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible —
a
(in the case of specified risk material other than the head of a sheep or goat) over the whole surface of the material; and
b
(in the case of the head of a sheep or goat) over the whole of the cut surface and majority of the head;
except that, if the tongue is to be removed, this shall be done immediately after slaughter and the head shall be stained immediately after the removal of the tongue.
2
In these Regulations “stained yellow” means being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Tartrazine (E102, Colour Index No. 19140) in such a way that the colouring is clearly visible over the whole surface of the material.
3
The requirement in regulations 10 and 11 below to stain specified risk material shall not apply —
a
if the specified risk material is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes;
b
to specified risk material which is intended to be used at premises approved under article 10 of the Specified Risk Material Order 1997 ;
c
to specified solid waste;
d
in the case of specified risk material intended for an examination referred to in regulation 10(6) or 11(3) below, until after the completion of the examination; or
e
where a post-mortem examination is carried out by a veterinary surgeon or a veterinary practitioner at a farm (as mentioned in regulation 11(4) below), provided that he makes arrangements for the disposal of the whole of the carcase by burial there.
Approvals, authorisations and registrations
6
1
The Minister may, on application, approve, authorise or register any premises for the purpose of these Regulations if he is satisfied that such premises —
a
are properly equipped to carry out the functions to which the approval, authorisation or registration relates; and
b
comply with the requirements of these Regulations.
2
Any approval, authorisation or registration granted or made under these Regulations (including a consent given under regulation 24(7) below) shall be in writing and may be made subject to conditions.
3
Any such approval, authorisation or registration may be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval, authorisation or registration was granted or, if that person is no longer the occupier of the premises to which the approval, authorisation or registration relates, on the occupier of those premises, if the Minister is satisfied that any provisions of these Regulations in relation to the premises or any conditions in the approval, authorisation or registration, are not being complied with.
PART II
RESTRICTIONS OF THE USE OF SPECIFIED RISK MATERIAL AND VERTEBRAL COLUMNS OF RUMINANT ANIMALS
Specified risk material for human consumption
7
1
No person shall sell any specified risk material, or any food containing specified risk material, for human consumption.
2
No person shall use any specified risk material in the preparation of food for sale for human consumption.
3
No person shall sell any specified risk material for use in the preparation of any food for sale for human consumption.
4
For the purposes of this regulation “specified risk material” includes anything derived from it.
Prohibitions applying to the vertebral column
8
1
No person shall use the vertebral column of a ruminant animal in the recovery of meat by mechanical means.
2
No person shall use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a ruminant animal.
3
No person shall use the vertebral column of a ruminant animal, which has died or has been slaughtered in the United Kingdom and from which meat has been cut, to produce food for sale for human consumption.
Registration of premises on which meat is recovered by mechanical means from ruminant animals
9
1
No person shall on any premises recover meat by mechanical means from the carcase of a ruminant animal unless his name and the address of those premises are registered with the Minister.
2
The Minister shall keep a register for the purposes of paragraph (1) above.
3
An application for registration shall be in writing and in such form and manner as the Minister may require.
4
The Minister shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to him in writing —
a
the business name, if any;
b
the name and address of the person who carries on the business;
c
the address and telephone number of the business; and
d
the address of each premises at which meat is recovered by mechanical means from ruminant animals in the course of the business.
5
Any person whose name is registered shall notify the Minister in writing of any change in the particulars previously notified to him within 14 days of any such change.
PART III
REQUIREMENTS IN RELATION TO THE REMOVAL AND INITIAL TREATMENT OF SPECIFIED RISK MATERIAL
Initial treatment of bovine, sheep and goat carcases in a slaughterhouse
10
1
When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine material is removed from the rest of the carcase as soon as is reasonably practicable after the animal was slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below.
2
When a sheep or goat is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that —
a
subject to regulation 15 below, all specified sheep or goat material is removed from the rest of the carcase at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below; or
b
in the case of a sheep or goat with one or more permanent incisor teeth erupted, the head, spleen and tonsils are removed at the slaughterhouse as soon as is reasonably practicable after the animal is slaughtered and before the carcase is presented for inspection pursuant to paragraph (9) below, and the rest of the carcase is consigned to a slaughterhouse or cutting premises authorised pursuant to regulation 15(7) below.
3
Subject to the following provisions of this regulation and to regulation 15 below, the occupier shall ensure that the specified risk material which has been removed is stained blue immediately after removal from the carcase, and in any event before the carcase is frozen.
4
Without prejudice to the storage requirements of regulation 28 below, the occupier shall ensure that the specified risk material does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with these Regulations.
5
Material which is not specified bovine material may be separated from intestines which have been removed from the carcase before the intestines are stained.
6
In the case of specified risk material which is intended to be examined by or on behalf of an inspector or a veterinary surgeon, the specified risk material shall not be stained until after the completion of the examination.
7
In the case of scheme animals, the occupier shall ensure that, once the specified bovine material has been removed, the remainder of the carcase (excluding the hide), is immediately stained yellow.
8
The occupier of any slaughterhouse where specified risk material is removed from carcases pursuant to this regulation shall arrange or establish in consultation with an official veterinary surgeon a staff training programme to train staff to comply with those requirements of these Regulations which they perform on those premises.
9
The occupier of any slaughterhouse shall permit an inspector or official veterinary surgeon, or a person acting under the responsibility of either of them, to —
a
inspect the carcase of any ruminant animal slaughtered there, so that he can check whether the requirements of these Regulations have been complied with; and
b
mark each carcase which has been so checked and found to comply with the requirements of these Regulations,
and shall give to any such person such reasonable assistance as he may require.
Initial treatment of bovine, sheep and goat carcases elsewhere than in a slaughterhouse
11
1
Subject to the following provisions of this regulation, when specified risk material is removed from the carcase of a ruminant animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified risk material is removed shall ensure that it is removed as soon as is reasonably practicable after the death of the animal and that it is stained blue immediately, and in any event before the carcase is frozen.
2
Without prejudice to the storage requirements of regulation 28 below, the occupier of those premises shall ensure that the specified risk material does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with these Regulations.
3
In the case of specified risk material which is intended to be examined by or on behalf of an officer of the Minister or a veterinary surgeon, the specified risk material shall not be stained until after the completion of the examination.
4
The provisions of this regulation shall not apply in the case of a post-mortem examination carried out by a veterinary surgeon or a veterinary practitioner at a farm, provided that he makes arrangements for the disposal of the whole of the carcase by burial there.
Rendering whole carcases
12
Any person rendering a whole ruminant carcase shall do so in accordance with regulation 24 below in the same way as if the carcase were specified risk material.
Measures in relation to stained specified risk material
13
Where specified risk material has been stained in accordance with regulations 10 or 11 above or 25(5)(b) below, the occupier of any premises at which such material is stored or handled and, in the case of a place approved under regulations 22 to 24 below, the operator of that place, shall take appropriate measures to ensure that colouring remains visible —
a
in the case of stained specified risk material other than the head of a sheep or goat, over the whole surface of the material; and
b
in the case of the head of a sheep or goat, over the whole of the cut surface and the majority of the head,
until the stained specified risk material is incinerated or rendered.
PART IV
PROHIBITIONS ON THE REMOVAL OF CERTAIN SPECIFIED RISK MATERIALS FROM RUMINANT ANIMALS
Prohibition on the removal of brain and eyes
14
No person shall remove the brain or eyes from the carcase of a bovine animal aged over six months, or from a carcase of a sheep or goat (of any age at death), except —
a
for the purposes of veterinary or scientific examination or research; and
b
in a part of the premises kept free at all times from food intended for human consumption.
Prohibition on the removal of the spinal cord of a ruminant animal
15
1
No person shall remove the spinal cord or any part of it from the vertebral column of a sheep or goat in which there was at least one permanent incisor tooth erupted or which was aged over 12 months at the date of slaughter, except —
a
in an authorised slaughterhouse or at authorised cutting premises by —
i
longitudinally splitting the whole vertebral column; or
ii
removing a longitudinal section of the whole vertebral column containing the spinal cord; or
b
in premises referred to in regulation 5(3)(a) for the purposes of veterinary or scientific examination.
2
No person shall remove the spinal cord or any part of it from the vertebral column of a bovine animal aged six months or more, or longitudinally split the vertebral column of such an animal, except —
a
in a slaughterhouse; or
b
in premises referred to in regulation 5(3)(a) for the purposes of veterinary or scientific examination.
3
Where a carcase or bone-in carcase meat is consigned to a slaughterhouse or cutting premises in accordance with regulation 10(2) above the occupier of that slaughterhouse or cutting premises shall ensure that the spinal cord is removed from the rest of the carcase.
4
The occupier of a slaughterhouse or cutting premises shall permit an inspector or official veterinary surgeon, or a person acting under the responsibility of either of them, to inspect the carcase of any sheep or goat consigned there so that he can check whether the specified risk material has been removed from the carcase in accordance with these Regulations; and the occupier shall give to any such person such reasonable assistance as he shall require.
5
If the spinal cord is removed in a slaughterhouse or at cutting premises, the occupier shall ensure that it is stained in accordance with regulation 10(3) above, and disposed of as specified risk material in accordance with these Regulations.
6
If the spinal cord is removed at any premises other than a slaughterhouse or cutting premises for the purposes of veterinary or scientific examination, after that examination both the spinal cord and the vertebral column shall be stained blue and disposed of as specified risk material in accordance with these Regulations.
7
The Minister may, on an application made to him under this regulation, authorise any licensed slaughterhouse or licensed cutting premises for the purposes of this regulation.
8
In considering applications for authorisation for the purposes of this regulation the Minister may (in addition to any other relevant matters) have regard to the need for the efficient enforcement of this regulation.
PART V
PARTICULAR REQUIREMENTS IN RELATION TO SHEEP AND GOATS
The young lamb stamp
16
1
Where a sheep or goat is slaughtered in a slaughterhouse, and at the time of slaughter there were no permanent incisor teeth erupted or it was aged not more than 12 months, the carcase of the animal shall be marked with the young lamb stamp.
2
The young lamb stamp shall consist of a circular mark 5 centimetres in diameter containing in legible form in letters 1 cm high the words “MHS” and “YL”, and shall be applied by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person shall apply the young lamb stamp or possess the equipment for applying the stamp.
3
No person shall use any stamp so resembling the young lamb stamp, or in such a way, as to be likely to suggest that any carcase other than a carcase of a sheep or goat in which there were no permanent incisors erupted, is such a carcase.
4
The Minister may, in relation to any slaughterhouse or authorised cutting premises, appoint as meat technicians such number of persons as are necessary to assist the official veterinary surgeon and inspectors in carrying out their functions under paragraph (2) above.
Transportation of unmarked carcases of sheep and goats
17
1
No person shall move from a slaughterhouse a carcase of a sheep or goat suitable for human consumption that is not marked with a young lamb stamp, except —
a
to authorised cutting premises that are co-located with the slaughterhouse;
b
a carcase which has been inspected and health marked in accordance with the Fresh Meat (Hygiene and Inspection) Regulations 1995 and which is moved in a sealed vehicle; or
c
when all specified risk material has been removed from the carcase.
2
During the transportation referred to in paragraph (1) above the carcase shall be accompanied by a document indicating —
a
the name, address and licence number of the slaughterhouse from which the carcase is being transported; and
b
the name, address and licence number of the authorised cutting premises to which the carcase is being transported.
Presence of an official veterinary surgeon
18
1
An official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, shall be present at any slaughterhouse where any carcase of a sheep or goat that is not marked with a young lamb stamp is being loaded for delivery to authorised cutting premises, and he shall supervise the loading.
2
An official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, shall be present at any cutting premises where any carcase of a sheep or goat that is not marked with a young lamb stamp is being unloaded, and he shall supervise the unloading.
3
Immediately after the loading referred to in paragraph (1) above the delivery vehicle shall be sealed by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person may seal such a vehicle.
4
On arrival at authorised cutting premises a sealed vehicle shall be unsealed by an official veterinary surgeon, or an authorised officer, an inspector or meat technician acting under the responsibility of an official veterinary surgeon, and no other person may unseal such a vehicle.
5
The Minister may, in relation to any slaughterhouse or authorised cutting premises, appoint as meat technicians such number of persons as are necessary to assist the official veterinary surgeon and inspectors in carrying out their functions under this regulation.
Possession of unmarked carcases of sheep and goats
19
No person shall have in his possession elsewhere than in a slaughterhouse, in a sealed vehicle or at authorised cutting premises a carcase of a sheep or goat intended for sale for human consumption containing spinal cord, unless it is stamped with a young lamb stamp.
PART VI
TRANSPORT AND DISPOSAL OF SPECIFIED RISK MATERIAL
Procedure for bringing in specified risk material from Northern Ireland
20
1
No person shall bring specified risk material into Great Britain from Northern Ireland unless —
a
it is stained in accordance with legislation having effect in Northern Ireland and corresponding to the provisions of these Regulations relating to staining;
b
it is exempt from the requirement to stain under that legislation by virtue of provisions corresponding to regulation 5 of these Regulations; or
c
it is transported in a sealed vehicle in accordance with the provisions of legislation having effect in Northern Ireland corresponding to the provisions of regulation 17 of these Regulations.
2
Any person bringing specified risk material into Great Britain from Northern Ireland shall immediately transport it to one of the destinations specified in regulations 15(1)(a) above or 21(1) below.
Consignment of specified risk material
21
1
Once specified risk material has been removed from the carcase and treated in accordance with these regulations, or, in the case of specified solid waste, recovered from the drainage system, the person responsible for its removal or recovery shall, without unreasonable delay, send it directly to —
a
an approved collection centre;
b
an approved rendering plant;
c
premises referred to in regulation 5(3)(a) above;
d
an approved incinerator; or
e
premises approved under article 10 of the Specified Risk Material Order 1997.
2
Any person consigning specified risk material from the place where it was removed from the carcase or recovered from a drainage system shall keep a consignment record for two years from the date of consignment.
Approved collection centres
22
1
Any person delivering specified risk material to an approved collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified risk material was collected for delivery to that collection centre.
2
No person shall take delivery of specified risk material at a collection centre, or operate a collection centre for specified risk material, unless it has been approved and has sufficient facilities for storing and handling specified risk material in a manner which keeps it separate from other animal material.
3
The operator of an approved collection centre shall make a consignment record on arrival of specified risk material at the collection centre and shall keep that record for two years from the date of arrival.
4
The operator of an approved collection centre shall ensure that —
a
without prejudice to the storage requirements of regulation 28 below, all specified risk material in the collection centre is kept separate from all other animal material; and
b
all equipment used in relation to the collection or storage of specified risk material that comes into contact with such material is thoroughly washed and disinfected before he uses the equipment or allows it to be used in relation to the collection or storage of any other material.
5
No person shall consign specified risk material from an approved collection centre except to an approved incinerator or an approved rendering plant.
6
Any person who consigns specified risk material in accordance with paragraph (5) above shall keep a consignment record for two years from the date of consignment.
Approved incinerators
23
1
Any person delivering specified risk material to an approved incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified risk material was collected for delivery to that incinerator.
2
No person shall operate an incinerator incinerating specified risk material unless —
a
the incinerator has been approved as having suitable facilities to incinerate specified risk material in accordance with paragraph (4) below;
b
he disposes of the ash in a way that does not pose a risk to human or animal health; and
c
the incinerator is equipped with a refractory lining.
3
The operator of an approved incinerator shall make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.
4
The operator of an approved incinerator shall incinerate all specified risk material delivered to him to a standard specified in the approval and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the approval.
5
No person shall remove specified risk material from an approved incinerator unless it has been completely incinerated.
Approved rendering plants
24
1
Any person delivering specified risk material to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that specified risk material was collected for delivery to that rendering plant.
2
No person shall take delivery of specified risk material at a rendering plant, or operate a rendering plant for specified risk material, unless it has been approved as having the facilities specified in Part I of Schedule 1 to these Regulations sufficient to enable it to separate the specified risk material into protein and tallow by one of the methods specified in Part II of that Schedule.
3
The operator of an approved rendering plant shall make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.
4
Without prejudice to the storage requirements of regulation 28 below, the operator of an approved rendering plant shall ensure that all specified risk material in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.
5
The operator of an approved rendering plant shall ensure that specified risk material is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule 1 to these Regulations.
6
The operator of an approved rendering plant shall ensure (except as provided by paragraph (7) below) that any equipment used for processing specified risk material is used only for that purpose.
7
Subject to paragraph (8) below, the Minister may, on application by the operator of an approved rendering plant, consent to the use for other purposes of equipment previously used for processing specified risk material.
8
No consent given pursuant to paragraph (7) above shall be effective until the Minister has indicated in writing that he is satisfied that the equipment concerned has been cleaned in accordance with any conditions specified in that consent.
9
After the specified risk material has been processed and separated into protein and tallow the operator of the plant shall ensure that —
a
all protein is placed in a container labelled “specified risk material” and disposed of —
i
by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990 ;
ii
as specified in the approval; or
iii
by sending to an approved incinerator; and
b
all tallow is placed in a container labelled “specified risk material” and —
i
disposed of by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990;
ii
in the case of tallow derived from class II specified risk material, sent to premises approved under article 10 of the Specified Risk Material Order 1997 either for treatment by thermal hydrolysis at hyperbaric pressure or for use in such other process as is specified in the approval of those premises;
iii
disposed of as specified in the approval; or
iv
sent to an approved incinerator.
10
Protein and tallow produced from animal material, other than specified risk material, from scheme animals shall be disposed of by burning in a manner which has been authorised under the Environmental Protection Act 1990.
11
The operator of an approved rendering plant shall keep a consignment record for two years in relation to all protein and tallow consigned for disposal pursuant to paragraph (9) or (10) above.
12
The operator of an approved rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified risk material are cleaned, washed and disinfected before they leave the premises.
13
No person shall move from the unclean section of an approved rendering plant (as specified by the occupier in accordance with paragraph 3 of Part I of Schedule 1 to these Regulations) into the clean section without first changing his working clothes and footwear or disinfecting the latter.
14
No person shall take equipment or untensils from the unclean section into the clean section of an approved rendering plant unless the equipment or utensils are first washed and disinfected.
15
The operator of an approved rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.
16
The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.
Veterinary or laboratory premises, etc.
25
1
No person shall transport specified risk material to premises referred to in regulation 5(3)(a) above unless the specified risk material is in a container marked with —
a
the words “specified risk material”;
b
its place of destination; and
c
the name of the person to whom it is being sent.
2
Any person delivering specified risk material to such premises shall state in writing to the consignee the place from which the specified risk material was collected for delivery.
3
The consignee shall make a consignment record on the arrival of specified risk material at the premises and shall keep that record for two years from the date of arrival.
4
The consignee shall not dispose of or consign that material except to other premises referred to in regulation 5(3)(a) above or to premises referred to in regulation 21 above, in which case he shall keep a consignment record for two years.
5
When the specified risk material is no longer needed, the consignee shall —
a
ensure that any residual specified risk material is destroyed on the premises by incineration or is consigned to premises specified in regulation 21 above for destruction;
b
ensure (where specified risk material is consigned for destruction in accordance with sub-paragraph (a) above) that the residual specified risk material is stained blue before consignment; and
c
keep a record for two years of the place and method of destruction.
6
For the purposes of this regulation, the “consignee” is the occupier of premises specified in regulation 5(3)(a) above to which specified risk material is delivered.
Power to give directions
26
1
If the Minister is satisfied that specified risk material cannot be disposed of under the provisions of these Regulations, whether for reasons of mechanical breakdown of equipment or otherwise, he may give written directions to the owner or person in control of the specified risk material for its disposal in a safe manner.
2
In the event of any person not complying with those directions, the Minister may make arrangements for the disposal of the specified risk material at the expense of the owner.
Transport
27
1
The person in control of a vehicle transporting specified risk material shall ensure that it is conveyed either in an impervious container which contains nothing but specified risk material or in a part of the vehicle which is impervious and contains nothing but specified risk material and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an authorised officer of an enforcement authority.
2
Any person transporting specified risk material shall ensure that the part of the vehicle in which specified risk material has been conveyed is thoroughly washed and disinfected before any food is subsequently placed in that part of the vehicle.
3
In this regulation the expression “vehicle” means, in any case in which specified risk material is conveyed in a bulk container, that container.
4
This regulation shall not apply to the carcase of a sheep or goat transported in accordance with regulation 17 above.
Storage
28
1
Subject to paragraph (2) below, no person shall store specified risk material in the same room as any food.
2
The requirement in paragraph (1) above shall not apply where an official veterinary surgeon, inspector or an authorised officer of an enforcement authority has approved the storage of specified risk material in the same room as any food, on being satisfied that the arrangements for storage will ensure the adequate separation of the specified risk material from the food.
3
No person shall store specified risk material otherwise than in an impervious container which —
a
contains nothing but specified risk material;
b
is labelled as containing specified risk material;
c
is not left uncovered when containing specified risk material; and
d
after use for such storage is thoroughly washed and disinfected before being used for any purpose in relation to the storage of food.
PART VII
ENFORCEMENT
Offences and penalties
29
1
An occupier of food premises shall take all practicable steps to secure compliance by any of his employees with the provisions of these Regulations which apply to those premises.
2
If any person contravenes —
a
paragraph (1) above;
b
any other provision of these Regulations; or
c
a direction given by the Minister under regulation 26 above,
he shall be guilty of an offence and liable —
i
on summary conviction, to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment, to a fine or imprisonment not exceeding two years or to both.
3
No prosecution for an offence under any of the provisions mentioned in paragraph (2) above shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Application of provisions of the Food Safety Act 1990
30
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations —
section 2 (extended meaning of “sale”, etc.);
section 3 (presumptions that food intended for human consumption);
section 9 (inspection and seizure of suspected food) subject to the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (evidence of certificate of analysis or examination);
section 33 (offence of obstruction, etc. of officers);
section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership);
section 44 (protection of officers acting in good faith).
Enforcement
31
1
These Regulations shall be enforced —
a
by the Minister in relation to premises in England licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995;
b
by the Secretary of State in relation to premises in Wales and Scotland licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995; and
c
in relation to any other premises, by the food authority in whose area the premises are situated.
2
On an inspection of any food intended for human consumption an authorised officer of a food authority or an official veterinary surgeon may certify that the food fails to comply with these Regulations.
3
Where any food is certified as mentioned in paragraph (2) above it may be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.
Saving
32
Any approval granted or having effect as if granted under the Specified Bovine Material Order 1997 shall continue to operate as if granted under the equivalent provision of these Regulations.
Jack Cunningham
Minister of Agriculture, Fisheries and Food
16th December 1997
Frank Dobson
Secretary of State for Health
12th December 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
12th December 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
11th December 1997


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 1995 , may be cited as the Land Registration (District Registries) Order 1997 and shall come into force on 1st September 1997.
2
In this Order, unless the context otherwise requires:
“district land registry” means a district registry of the Land Registry within the meaning of section 132 of the Land Registration Act 1925;
“the Schedule” means the Schedule to this Order.
District Land Registries
2
1
The name of the Durham District Land Registry shall be changed to the Durham (Southfield House) District Land Registry.
2
Subject to the change of name effected by paragraph (1), there shall continue to be district land registries bearing the names specified in column 1 in Part I of the Schedule.
3
There shall be new district land registries bearing the names specified in column 1 in Part II of the Schedule.
4
The district of each district land registry comprises the administrative areas specified opposite its name in column 2 in Part I or, as the case may be, Part II of the Schedule.
Irvine of Lairg, C.
Dated 16th June 1997
We concur,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissionersof Her Majesty’s Treasury
Dated 17th June 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Thurrock (Electoral Changes) Order 1997 and shall come into force on 1st May 1997 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that date, it shall come into force on the day after the day on which it is made.
2
In this Order —
“the borough” means the borough of Thurrock;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, marked “Map of the Borough of Thurrock (Electoral Changes) Order 1997”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Thurrock
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1 and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Thurrock
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 1997 .
3
The councillors holding office for any ward in the borough immediately before 5th May 1997 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1997 for any ward of the borough is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1997 for any ward of the borough is three —
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
In each year in which a councillor for a ward in the borough retires in accordance with paragraphs (5) to (8) above an election of a councillor for that ward shall be held on the ordinary day of election of councillors in that year; and the term of office of councillors elected at such an election shall be three years.
11
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
21st February 1997


text:
Citation, commencement, and application
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Schools) Order 1997 and shall come into force —
a
in relation to authorities in England —
i
for the purposes of the activities specified in section 2(2)(a) to (i) of the Local Government Act 1988, on 12th December 1997;
ii
for the purposes of the activities specified in section 2(2)(j) and (k) of that Act, on 1st October 1998;
iii
for the purposes of the activities specified in section 2(2)(l) and (n) of that Act, on 1st January 1999; and
iv
for the purposes of the activity specified in section 2(2)(m) of that Act, on 1st April 1999; and
b
in relation to authorities in Wales, on 12th December 1997.
2
Where, as regards particular work comprised within an activity mentioned in paragraph (1), a notice has been published by the authority which intends to carry out the work (in accordance with subsection (1) of section 7 (the conditions) of the Local Government Act 1988) before the date specified in that paragraph as the date on which this Order comes into force for the purposes of that activity and as regards that authority, this Order does not apply to that work.
Exemption
2
An activity specified in any of paragraphs (a) to (n) of subsection (2) of section 2 (defined activities) of the Local Government Act 1988 , if carried out by a defined authority, shall not be treated as a defined activity so long as it is so carried out for or on behalf of a school maintained by a defined authority.
Revocation and saving
3
1
Subject to paragraph (2), the Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992 is hereby revoked.
2
The exemption for which the Order revoked by paragraph (1) provides shall continue to have effect in relation to any relevant work (within the meaning of that Order) to which this Order does not apply.
Signed by authority of the Secretary of State for the Environment
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
17th November 1997
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th November 1997


text:
Preliminary
Citation and commencement
1
1
This Order may be cited as the Llanelli Harbour Revision Order 1997.
2
The Llanelly Harbour Acts and Orders 1858 to 1954 and this Order may be cited together as the Llanelly Harbour Acts and Orders 1858 to 1997.
3
This Order shall come into force on 25th February 1997.
Interpretation
2
In this Order —
“the Council” means the Carmarthenshire County Council;
“the harbour” means the port and harbour of Llanelli;
“the harbour undertaking” means the undertaking of the Trust as it exists immediately before the transfer date;
“the transfer date” means the day after the day on which expires the period of four weeks beginning with the day on which this Order comes into force;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the Trust” means the Llanelly Harbour Trust.
Transfer of undertaking
Establishment of Council as harbour authority for the harbour
3
On the transfer date the Council shall become the harbour authority for the harbour and the Trust shall cease to be the harbour authority for the harbour.
Transfer of harbour undertaking and functions to Council
4
1
On the transfer date all the property, rights and liabilities of the Trust shall be transferred to and become property, rights and liabilities of the Council.
2
On and from the transfer date the Council shall have in respect of the harbour all the duties and powers imposed or conferred on the Trust by any provision of the Llanelly Harbour Acts and Orders 1858 to 1954, and on that date the Trust shall cease to have any such duties or powers in respect of the harbour.
3
In consequence of paragraph (2) above, on and from the transfer date any statutory provision of local application or document whatsoever (other than a document referred to in article 6 of this Order) shall, so far as it relates to the harbour, have effect (except where the context otherwise requires and subject to any necessary modifications) as if, for any reference however worded and whether expressed or implied —
a
to the Trust, there were substituted a reference to the Council; and
b
to any officer or servant of the Trust, there were substituted a reference to the officer or servant of the Council who corresponds as nearly as may be to the first mentioned officer or servant.
Byelaws, etc.
5
On and from the transfer date any byelaw, regulation, licence or consent made, issued or granted by the Trust in relation to the harbour and in force immediately before that date shall continue in force and be deemed to have been made, issued or granted by the Council.
Saving of agreements, etc.
6
All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the harbour undertaking and in force immediately before the transfer date (other than any such document the parties to which include both the Trust and the Council) shall (insofar as they relate to that undertaking) on and from that date be as binding and of as full force and effect as respects anything occurring or falling to be done on and after the transfer date and may be enforced as fully and effectively against or in favour of the Council as if (except in any case where the Council as agent for the Trust is already a party thereto or bound thereby or entitled to the benefit thereof) the Council instead of the Trust had been a party thereto or bound thereby or entitled to the benefit thereof and as if in any case where the Council as agent for the Trust is already a party thereto or bound thereby or entitled to the benefit thereof the Council had been a party thereto or bound thereby or entitled to the benefit thereof in its own right and not as agent for the Trust.
Continuance of proceedings
7
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the transfer date —
a
by or in favour of or against the Trust; or
b
by or in favour of or against the Council as agent for the Trust;
in relation to the harbour undertaking, and any such action, arbitration or other proceeding or cause of action, arbitration or other proceeding may be maintained, prosecuted or continued with the substitution of the Council as a party to the proceedings in lieu of the Trust and any such proceedings may be amended in such manner as may be necessary for that purpose.
Dissolution of Trust
Final accounts of Trust up to transfer date
8
1
Where the financial year dealt with in the last statement of accounts prepared by the Trust before the transfer date does not end immediately before that date, the statutory accounts prepared by the Council in respect of a period which includes or consists of the whole or any part of the residual accounting period shall deal with the affairs of the Trust during so much of the residual accounting period as falls within that period as well as, and as one with, the affairs of the Council so far as relating to the harbour undertaking.
2
In this article —
“financial year”, in relation to the Trust, means any period of twelve months ending with 31st March;
“statutory accounts” means —
in relation to the Trust, any statement of accounts prepared by the Trust under section 42 of the Harbours Act 1964 ; and
in relation to the Council, any statement of accounts relating to the harbour undertaking prepared by the Council under section 42 of the Harbours Act 1964;
and references in this article to the residual accounting period of the Trust are references to the period, if any, beginning with the day after the end of the financial year of the Trust dealt with in the last statement of accounts prepared by the Trust under section 42 of the Harbours Act 1964 before the transfer date and ending with the day before the transfer date.
Dissolution of Trust
9
The Trust shall be dissolved on the transfer date.
Supplementary
Saving for Trinity House
11
Nothing in this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
Repeals and revocations
12
1
The following provisions are hereby repealed on the transfer date —
a
sections 17, 22 and 23 of the Llanelly Harbour Act 1904 ; and
b
the Pier and Harbour Order (Llanelly) Confirmation Act 1954 (and the Order scheduled to it).
2
Article 4(4) of the Local Authorities etc. (Miscellaneous Provisions) ( No. 2) Order 1974 is hereby revoked on the transfer date.
Signed by authority of the Secretary of State for Transport
S. Reeves
Head of Ports Division,
Department of Transport
11th February 1997


text:
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1997 and shall come into force on 1st April 1997.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1993 are hereby amended as follows —
a
in paragraph 1(a) of Schedule 2, for “£58.00” substitute “£63.00”;
b
in paragraph 1(a) of Schedule 3, for “£60.00” substitute “£63.00”, for “£58.00” substitute “£63.00” and for “£11.50” substitute “£15.00”;
c
in paragraph 1(a) of Schedules 5 and 6, for “£60.00” substitute “£63.00” and for “£58.00” substitute “£63.00”;
d
in paragraph 1(b) of Schedules 5 and 6, for “£11.50” substitute “£15.00” and for “£58.50” substitute “£60.00”.
Ian Taylor,
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
3rd March 1997
We consent,
Gyles Brandreth,
Roger Knapman,
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1997


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 1997 and shall come into force on 1st September 1997.
Amendment of the National Health Service Pension Scheme Regulations 1995
2
The National Health Service Pension Scheme Regulations 1995 shall be amended in accordance with regulations 3 to 7 below.
Amendment to regulation A2 — interpretation
3
1
After the definition of “the previous regulations” in regulation A2 insert the following definition —
“the 1977 Act ” means the National Health Service Act 1977;
.
2
In the definition of “employing authority” —
a
in sub-paragraph (c) delete “and” where it last appears;
b
in sub-paragraph (d) after “scheme” delete “;” and insert “, and”;
c
after sub-paragraph (d) insert the following sub-paragraph —
e
a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working either as a sole practitioner, or a group of such practitioners acting jointly, whether or not practising in a partnership, in respect of the employment of practice staff;
.
3
After the definition of “personal pension scheme” insert the following definition —
“practice staff” means persons (other than assistants, associates or trainee practitioners) employed by a registered medical practitioner whose name is included in a list kept pursuant to regulations made under section 29 of the 1977 Act, working as a sole practitioner, or by a group of such practitioners acting jointly, whether or not practising in a partnership, to assist with the provision of general medical services in accordance with arrangements made under section 29 of the 1977 Act;
.
Amendment to regulation E3 — early retirement pension (redundancy etc )
4
After regulation E3(2) insert the following paragraph —
3
This regulation shall not apply to practice staff.
.
Amendment to regulation E4 — early retirement pension (employer’s consent)
5
After regulation E4(2) insert the following paragraph —
3
This regulation shall not apply to practice staff.
.
Amendment to regulation R5 — part-time employment
6
After regulation R5(4) insert the following paragraph —
4A
“A single comparable whole-time employment” in paragraph 4 means the number of hours, half-days or sessions which the Secretary of State determines would constitute a single comparable whole-time pensionable employment.
.
Amendment of Schedule 2
7
1
In the definition of “assistant practitioner” in paragraph 1 of Schedule 2, delete the words from “and” to “required” inclusive, and insert “or who is participating in the Doctors' Retainer Scheme”.
2
After the definition of “Dental Practice Board” in paragraph 1 of Schedule 2, insert the following definition —
“Doctors' Retainer Scheme” has the same meaning as given at paragraph 39 of the Statement published in accordance with regulation 34 of the National Health Service (General Medical Services) Regulations 1992;
.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State,
Department of Health
28th July 1997
We consent to the making of these Regulations
Jim Dowd
Bob Ainsworth
Lords Commissioners of Her Majesty’s Treasury
30th July 1997


text:
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1997 and shall come into force on 1st October 1997.
2
The Education (Grants for Education Support and Training) (England) Regulations 1997 shall be amended as follows.
3
In regulation 2 after paragraph (2) there shall be inserted the following paragraph —
3
The purposes specified in paragraphs 13 and 16 of the Schedule are without prejudice to the generality of the purpose specified in paragraph 20 of the Schedule.
4
In regulation 5 for paragraph (2) there shall be substituted the following paragraph —
2
Grants in respect of approved expenditure incurred by an education authority on or after 1st April 1997 in respect of items referred to in the paragraphs of the Schedule listed in the left hand column of the table below shall be payable at the percentage rate of such expenditure specified in relation thereto in the right hand column of the table.
Table
Paragraph in Schedule Rate %
12 100 13 75 16 100 17 80 20 100 21 100 22 100
5
In regulation 6(4) the words “but not exceeding three-quarters of the grant applied for in respect of that expenditure” shall be omitted.
6
In the Schedule after paragraph 19 there shall be inserted the following paragraphs —
20
The improvement, renovation or replacement of buildings used for educational purposes and the provision of equipment (including information technology) for educational purposes.
21
a
The education of children who are under the age of five years or who have reached that age but have not yet begun the school term following their fifth birthday, together with care provided for such children in connection with their education; and
b
the training of persons in the provision of such education and care.
22
a
Steps to be taken in preparation for the publication of information relating to the performance of pupils at primary schools pursuant to any requirement to publish such information which may be prescribed by regulations under section 537(6)(c) of the 1996 Act;
b
the publication of information about primary schools maintained by the education authority and the performance of pupils at such schools other than information which is required to be published by or under any provision of the 1996 Act; and
c
measures other than any which may be prescribed by regulations under section 537(6)(c) of the 1996 Act to bring the information referred to in sub-paragraph (a) to the attention of the local community.
.
Stephen Byers
Minister of State,
Department for Education and Employment
4th September 1997


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment No. 2) Regulations 1997 and shall come into force on 31st December 1997.
2
Regulations 3 and 4 shall have effect for accounting periods of friendly societies beginning after 5th March 1997.
Interpretation
2
In these Regulations “the principal Regulations ” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
Regulation 16 shall be omitted.
4
In regulation 21, paragraph (2) shall be omitted.
5
After regulation 53 there shall be inserted the following regulation —
Modification of paragraph 18 of Schedule 12 to the Finance Act 1997
53A
1
Paragraph (2) prescribes a modification of paragraph 18 of Schedule 12 to the Finance Act 1997 .
2
For the words from “which” to the end there shall be substituted the words “made up for the purposes of an investigation into the financial condition of a friendly society under section 46 or 47 of the Friendly Societies Act 1992 ”.
3
This regulation shall have effect in relation to periods for which accounts of friendly societies are made up ending on or after 26th November 1996.
Graham Allen
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire Health Authority (Transfers of Trust Property) Order 1997 and shall come into force on 12th June 1997.
2
In this Order —
“the Authority” means the Wiltshire Health Authority;
“the Schedule” means the Schedule to this Order;
“the trust property” means, in the case of each NHS trust specified in column (1) of the Schedule, the items specified in a schedule of trust property prepared, agreed upon and signed on behalf of the Authority and that NHS trust on the date specified in column (2) of the Schedule in relation to that NHS trust.
Transfer of trust property
2
On 12th June 1997 the trust property which is trust property in relation to an NHS trust specified in the Schedule shall be transferred from the Authority to that NHS trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
15th May 1997


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Open Network Provision and Leased Lines) Regulations 1997 and shall come into force on 31st December 1997.
Interpretation
2
1
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“ BT ” means British Telecommunications plc;
“the BT licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to British Telecommunications on 22nd June 1984 to run the telecommunication systems referred to in Annex A thereof, in relation to which BT became the licensee as the nominated successor company on the transfer date ;
“ the Commission ” means the Commission of the European Communities;
“essential requirements” has the meaning given by Article 2 of the ONP Framework Directive ;
“ Hull ” means Kingston upon Hull City Council and Kingston Communications (Hull) PLC ;
“the Hull licence ” means the licences granted by the Secretary of State under section 7 of the 1984 Act to Hull on 30th November 1987 to run the telecommunication systems referred to in Annex A thereof;
“the Leased Lines Directive ” means Council Directive 92/44/ EEC on the application of open network provision to leased lines , as amended by European Parliament and Council Directive 97/51/ EC for the purpose of adaptation to a competitive environment in telecommunications ;
“the Leased Lines Directive Conditions” means the conditions set out in Schedule 1 to these Regulations;
“ Mercury ” means Mercury Communications Limited;
“the Mercury licence ” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Mercury on 5th November 1984 to run the telecommunication systems referred to in Annex A thereof;
“network termination point” means the physical point at which a user is provided with access to a public telecommunications network;
“the ONP Committee ” means the committee referred to in Articles 9 and 10 of the ONP Framework Directive;
“the ONP Framework Directive” means Council Directive 90/387/EEC on the establishment of the internal market for telecommunications services through the implementation of open network provision as amended by European Parliament and Council Directive 97/51/EC for the purpose of adaptation to a competitive environment in telecommunications;
“the Principal Regulations ” means the Telecommunications (Leased Lines) Regulations 1993 ;
“private circuit” means a telecommunications facility which provides for transparent transmission capacity between network termination points where both or all such points are situated within the European Economic Area and which does not include on-demand switching (that is to say, switching functions which the user can control as part of the private circuit provision);
“public telecommunications network” means a telecommunications network used, in whole or in part, for the provision of publicly available telecommunication services;
“Relevant Licences” means licences granted under section 7 of the 1984 Act to which section 8 of that Act applies;
“relevant private circuit market” means any private circuit market which the Director considers, based on the type or types of private circuit offered in a particular geographical area which may cover the whole or part of the territory of the United Kingdom, to be such a market for the purpose of making a determination under regulations 7 or 8 of these Regulations;
“technical specifications”, “standards” and “terminal equipment” have the meaning given by Article 1 of Council Directive 91/263/EEC ;
“telecommunications network” means transmission systems and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, radio, optical or other electromagnetic means; and
“users” means, except in regulation 5 of these Regulations, individuals, including consumers, or organisations using or requesting publicly available telecommunication services.
2
References in these Regulations to an organisation having significant market power are references to a holder of a Relevant Licence which the Director has determined in accordance with regulation 8 of these Regulations to be an organisation having such power and references in these Regulations to an organisation not having significant market power are references to a holder of a Relevant Licence which the Director has determined in accordance with that regulation to be an organisation not having such power.
3
References in these Regulations to the Relevant Licences are references to such licences as modified from time to time in accordance with sections 12 and 15 of the 1984 Act and regulations made under section 2(2) of the European Communities Act 1972.
4
Save as provided in paragraph (1) of this regulation, any word or expression used in these Regulations shall, unless the context otherwise requires, have the same meaning as it has in the 1984 Act.
Technical standards and specifications
3
1
The Director shall encourage the use for the provision of technical interfaces and network functions of the standards and specifications to which, in accordance with Article 5(1) of the ONP Framework Directive, reference is made in the Official Journal of the European Communities.
2
As long as such standards or specifications are not adopted, the Director shall encourage the use of:
a
standards or specifications adopted by the European Telecommunications Standards Institute or the joint European standards institution known as CEN / Cenelec or other European standardisation bodies;
b
in the absence of such standards or specifications, international standards or recommendations adopted by the International Telecommunication Union, the International Organisation for Standardisation or the International Electrotechnical Committee; or
c
in the absence of such standards or specifications, any standards or specifications determined by the Director.
Purpose and effect
4
1
Schedule 2 to these Regulations shall have effect for the purposes of providing for the presentation of the information required to be published in accordance with regulation 9(1) of these Regulations and Condition LLD3 of the Leased Lines Directive Conditions.
2
For the purposes of the 1984 Act, the modifications made by regulation 5 of these Regulations shall have effect as if they were made under section 12 of that Act by the Director.
Modification of the Relevant Licences
5
1
Each of the Relevant Licences is hereby modified upon the coming into force of these Regulations by the insertion of the Leased Lines Directive Conditions as Part 6 of Schedule 1 to that licence.
2
Each of the BT licence, the Hull licence and the Mercury licence is hereby modified upon the coming into force of these Regulations by the deletion of all conditions or parts of conditions inserted or substituted by the Principal Regulations other than —
a
in the BT licence —
i
the definition of “users” inserted in paragraph 1 of Part 1 of Schedule 1; and
ii
the insertions made in paragraph 16.1 and paragraph 16.3 of condition 16;
b
in the Hull licence —
i
the definitions of “Telephone” and “users” inserted in paragraph 1 of Part 1 of Schedule 1; and
ii
the insertions made in paragraph 15.1 and paragraph 15.4 of condition 15; and
c
in the Mercury licence the definition of “users” inserted in paragraph 1 of Part 1 of Schedule 1.
3
The Hull licence is hereby further modified upon the coming into force of these Regulations by the insertion after the figure “40” in the headpiece of paragraph 54.13 of condition 54 of the words “and 41”.
Functions of the Director and the Secretary of State
6
The Secretary of State and the Director shall exercise their powers and carry out their functions under sections 7 and 12 to 15 inclusive of the 1984 Act, these Regulations and the Leased Lines Directive Conditions so as to ensure —
a
that, subject to paragraph (d) of this regulation and to regulation 7 of these Regulations, at every point in the United Kingdom in respect of every relevant private circuit market the Leased Lines Directive Conditions apply to at least one holder of a Relevant Licence;
b
that the Leased Lines Directive Conditions are not applied in respect of a relevant private circuit market to an organisation not having significant market power in that market unless there is no organisation having significant market power in that market;
c
that the minimum set of private circuits with harmonised technical characteristics specified in Schedule 3 to these Regulations is provided throughout the United Kingdom; and
d
that Condition LLD9 of the Leased Lines Directive Conditions (tariffing principles and cost accounting) does not apply where no holder of a Relevant Licence is an organisation having significant market power in respect of a specific private circuit offering in a specific geographical area.
Application of licence conditions in respect of tariffing principles and cost accounting
7
The Director may determine that Condition LLD9 of the Leased Lines Directive Conditions shall not apply in a specific geographical area where the Director is satisfied that there is effective competition in the relevant private circuit market as evidenced by tariffs that already comply with those requirements.
Functions of the Director in relation to the determination of significant market power
8
1
For the purposes set out in regulation 6 of these Regulations the Director shall for each relevant private circuit market immediately upon the coming into force of these Regulations and thereafter whenever necessary either determine in respect of at least one holder of a Relevant Licence that it is an organisation having significant market power in that market or determine that no holder of a Relevant Licence is an organisation having significant market power in that market.
2
The Director shall whenever necessary determine as respects the holder of a Relevant Licence that it is no longer an organisation having significant market power in a relevant private circuit market.
3
Subject to paragraph (4) of this regulation, in making a determination under paragraphs (1) or (2) of this regulation the Director shall presume that a holder of a Relevant Licence is an organisation having significant market power in a relevant private circuit market when its share of that market is 25 per cent or more.
4
The Director may, after taking into account the matters referred to in paragraph (5) of this regulation:
a
determine that a holder of a Relevant Licence with a market share of less than 25 per cent of a relevant private circuit market is an organisation having significant market power in that market; or
b
determine that a holder of a Relevant Licence with a market share of 25 per cent or more of a relevant private circuit market is an organisation not having significant market power in that market.
5
In making a determination under paragraph (4) of this regulation, the Director shall take into account:
a
the ability of the holder of the Relevant Licence to influence the private circuit market conditions;
b
its turnover relative to the size of the market;
c
its access to financial resources; and
d
its experience in providing products and services in the market.
Publication of information by the Director
9
1
The Director shall from time to time publish or ensure that there is published in an appropriate manner so as to provide easy access thereto for users —
a
information on the licensing and declaration requirements for private circuits in accordance with the presentation given in paragraph D of Schedule 2 to these Regulations; and
b
information in respect of the conditions for the attachment of terminal equipment to private circuits in accordance with the presentation given in paragraph E of the said Schedule 2.
2
The Director shall from time to time by notice published in the London, Edinburgh and Belfast Gazettes provide references to the publication of the information in respect of private circuits —
a
which holders of a Relevant Licence publish in accordance with Condition LLD3 of the Leased Lines Directive Conditions; and
b
which he publishes or ensures is published in accordance with paragraph (1) of this regulation.
Control by the Director of measures in respect of infringement of usage conditions
10
The Director shall, in relation to any application for consent to the taking of any measure in accordance with Condition LLD8.1 of the Leased Lines Directive Conditions, adopt a procedure providing for a transparent decision-making process in which due respect is given to the rights of the parties and, without prejudice to the generality of the foregoing, the Director shall —
a
give both parties the opportunity to state their case; and
b
notify to the parties in writing the decision and the reasons for it within one week of its adoption.
Provision of additional types of private circuits
11
The Director shall encourage provision of the additional types of private circuits specified in Schedule 4 to these Regulations, taking into account market demand and progress with standardisation.
Provision of information by the Director and the Secretary of State
12
1
The Director shall notify —
a
the names of those organisations providing private circuits who are subject to requirements under the Leased Lines Directive Conditions; and
b
where appropriate, the types of private circuit that each organisation is required to provide in each geographical area to ensure compliance with regulation 6 of these Regulations and any cases where, under regulation 7 of these Regulations, Condition LLD9 of the Leased Lines Directive Conditions is not applied,
to the Secretary of State, who shall thereupon submit such information to the Commission.
2
The Director shall —
a
where he approves a cost accounting system in accordance with Condition LLD9.3 of the Leased Lines Directive Conditions, inform the Secretary of State, who shall thereupon inform the Commission before the system is applied; and
b
keep available, with an adequate level of detail, information on the cost accounting systems applied by the holders of Relevant Licences to whom Condition LLD9 of the Leased Lines Directive Conditions has been applied and, upon receipt by the Secretary of State of a request from the Commission for this information, he shall submit it to the Secretary of State, who shall thereupon submit it to the Commission.
3
The Director shall —
a
at least for each calendar year, make available to the Secretary of State statistical reports showing the performance in relation to the supply conditions, in particular (but without prejudice to the generality of the foregoing) with respect to delivery time and repair time, published in accordance with Condition LLD3 of the Leased Lines Directive Conditions by the holders of Relevant Licences to whom that Condition has been applied and the Secretary of State shall send such reports to the Commission no later than five months after the end of the relevant calendar year; and
b
keep the data on all cases where the access to or use of private circuits has been restricted, as well as details of the measures taken, including the reasons for them and upon receipt by the Secretary of State of a request from the Commission for this data, he shall submit it to the Secretary of State, who shall thereupon submit it to the Commission.
Location of network termination points
13
The Director shall define the location of network termination points and for the purposes of these Regulations such points shall represent a boundary of the public telecommunications network.
Conciliation procedure
14
1
Where any user complains that he has been or may be injured by the infringement of the provisions of the Leased Lines Directive, particularly, but without prejudice to the generality of the foregoing, with regard to intra-Community private circuits and agreement cannot be reached at a national level, the aggrieved party may invoke the procedure provided for in Articles 12(3) and (4) of the Leased Lines Directive by way of a written notification to the Director and the Commission.
2
Where following such a notification the Director finds that there is a case for further examination, he can refer the matter to the Chairman of the ONP Committee.
Revocation
15
1
The Principal Regulations and the Telecommunications (Leased Lines) (Amendment) Regulations 1994 are hereby revoked.
2
Any application for consent made under regulation 7(3) of the Principal Regulations in relation to which the Director has not taken a decision before the coming into force of these Regulations shall have effect as if made under regulation 10 of these Regulations and anything done before the coming into force of these Regulations in relation to the application shall have effect as if done under regulation 10 of these Regulations.
Signed by authority of the Secretary of State
Barbara Roche,
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
9th December 1997


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations 1997 and shall come into force on 1st December 1997.
2
For the purposes of any regulation introduced by these Regulations, “the Administration Act ” means the Social Security Administration Act 1992 .
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
In the Social Security (Attendance Allowance) Regulations 1991 after regulation 1 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
1A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to any claim for attendance allowance made or treated as made before 9th February 1998.
.
Amendment of the Council Tax Benefit Regulations 1992
3
In the Council Tax Benefit (General) Regulations 1992 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to council tax benefit.
.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
4
In the Social Security (Disability Living Allowance) Regulations 1991 after regulation 1 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
1A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a person under the age of 16;
b
to any claim for disability living allowance made or treated as made before 9th February 1998.
.
Amendment of the Disability Working Allowance (General) Regulations 1991
5
In the Disability Working Allowance (General) Regulations 1991 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child or young person in respect of whom disability working allowance is claimed;
b
to any claim for disability working allowance made or treated as made before 9th February 1998;
c
to a partner in respect of whom a claim for disability working allowance is made or treated as made before 5th October 1998.
.
Amendment of the Family Credit (General) Regulations 1987
6
In the Family Credit (General) Regulations 1987 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child or young person in respect of whom family credit is claimed;
b
to any claim for family credit made or treated as made before 9th February 1998;
c
to a partner in respect of whom a claim for family credit is made or treated as made before 5th October 1998.
.
Amendment of the Social Security (Guardian’s Allowances) Regulations 1975
7
In the Social Security (Guardian’s Allowances) Regulations 1975 after regulation 1 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
1A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to guardian’s allowance.
.
Amendment of the Housing Benefit (General) Regulations 1987
8
In the Housing Benefit (General) Regulations 1987 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to housing benefit.
.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
9
In the Social Security (Incapacity Benefit) Regulations 1994 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child in respect of whom an increase of incapacity benefit is claimed;
b
to an adult dependant in respect of whom a claim for an increase of incapacity benefit is made or treated as made before 5th October 1998.
.
Amendment of the Income Support (General) Regulations 1987
10
In the Income Support (General) Regulations 1987 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child or young person in respect of whom income support is claimed;
b
to a partner in respect of whom a claim for income support is made or treated as made before 5th October 1988.
.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
11
In the Social Security (Invalid Care Allowance) Regulations 1976 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child in respect of whom an increase of invalid care allowance is claimed;
b
to any claim for invalid care allowance made or treated as made before 9th February 1998;
c
to an adult dependant in respect of whom a claim for an increase of invalid care allowance is made or treated as made before 5th October 1998.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
12
In the Jobseeker’s Allowance Regulations 1996 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child or young person in respect of whom jobseeker’s allowance is claimed;
b
to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.
.
Amendment of the Social Security (Maternity Allowance) Regulations 1987
13
In the Social Security (Maternity Allowance) Regulations 1987 after regulation 1 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
1A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to an adult dependant in respect of whom a claim for an increase of maternity allowance is made or treated as made before 5th October 1998.
.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
14
In the Social Security (Severe Disablement Allowance) Regulations 1984 after regulation 2 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act
2A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child in respect of whom an increase of severe disablement allowance is claimed;
b
to an adult dependant in respect of whom a claim for an increase of severe disablement allowance is made or treated as made before 5th October 1998.
.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
15
1
The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 shall be amended in accordance with the following provisions of this regulation.
2
After regulation 1 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension
1A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply —
a
to a child in respect of whom an increase of retirement pension is claimed;
b
to an adult dependant in respect of whom a claim for an increase of retirement pension is made or treated as made before 5th October 1998.
.
3
After regulation 16 there shall be inserted the following regulation —
Disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance
16A
Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a child in respect of whom an increase of widowed mother’s allowance is claimed.
.
Signed by authority of the Secretary of State for Social Security.
John Y. Denham
Parliamentary Under-Secretary of State,
Department of Social Security
7th November 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Changes for the Registration Service in Berkshire, Cambridgeshire, Cheshire, Devon, Essex, Hereford and Worcester, Kent, Lancashire, Nottinghamshire and Shropshire) Order 1997 and shall come into force on 21st January 1998.
2
In this Order, —
“the 1949 Act ” means the Marriage Act 1949 ;
“the 1953 Act ” means the Registration Service Act 1953 ;
“the 1992 Act ” means the Local Government Act 1992;
“approved registration scheme” means a scheme submitted to the Chancellor of the Exchequer in accordance with article 2 of this Order and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act ;
“district” means a registration district for the purposes of section 5 of the 1953 Act ;
“new authority” means the authorities to which the functions of an old authority are transferred by an order made under section 17 of the 1992 Act, being: Bracknell Forest Borough Council, Newbury District Council, Reading Borough Council, Slough Borough Council, the council of the Royal Borough of Windsor and Maidenhead and Wokingham District Council ; Peterborough City Council ; Halton Borough Council and Warrington Borough Council ;
Plymouth City Council and Torbay Borough Council ; Southend-on-Sea Borough Council and Thurrock Borough Council ; Herefordshire District Council and Worcester shire County Council ; the Medway Towns District Council ;
Blackburn with Darwen Borough Council and Blackpool Borough Council ; Nottingham City Council ; and the District of The Wrekin ;
“old authority” means Berkshire County Council, Cambridgeshire County Council, Cheshire County Council, Devon County Council, Essex County Council, Hereford and Worcester County Council, Kent County Council, Lancashire County Council, Nottinghamshire County Council and Shropshire County Council, being local authorities from which functions are transferred to a new authority by an order made under section 17 of the 1992 Act ;
“registration officer” means any superintendent registrar or registrar of births and deaths appointed under section 6(1) of the 1953 Act and any deputy superintendent registrar or deputy registrar of births and deaths appointed under section 8(1) of that Act and “office” shall be construed accordingly; and
“sub-district” means a registration sub-district for the purposes of section 5 of the 1953 Act.
Local Registration Service
2
1
Each new authority shall not later than 28th January 1998 submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act, and section 13(2) and (3) (provision to be made by local scheme) and section 14(4) (approval of schemes by the Chancellor of the Exchequer) of the 1953 Act shall apply to any scheme so submitted.
2
If a new authority fails to submit a scheme in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, submit to the Chancellor of the Exchequer a scheme for the purposes of section 13 of the 1953 Act and any scheme so prepared by him, if approved by the Chancellor of the Exchequer, shall have effect as if it were a scheme submitted by the new authority and approved by the Chancellor of the Exchequer.
3
Subject to any further scheme made by a new authority and approved by the Chancellor of the Exchequer under section 14 of the 1953 Act, the approved registration scheme shall have effect for the organisation of the registration service in the area of the authority to which it relates from 1st April 1998.
Transfer of Registration Officers
3
1
This article applies to any registration officer —
a
who immediately before 1st April 1998 holds office in or for a district or sub-district in the area of an old authority under an appointment made by that authority;
b
who would have continued to hold that office after 1st April 1998 but for the transfer of local government functions from that authority to a new authority; and
c
whose name is mentioned in column (1) of the Schedule to this Order.
2
Every registration officer to whom this article applies shall, on 1st April 1998 —
a
be transferred from the old authority mentioned in column (2) of the Schedule to this Order opposite his name to the new authority mentioned in column (3) of that Schedule opposite his name; and
b
if an office is allocated to him in accordance with article 4 of this Order, become the holder of that office as if he had been appointed to it by the new authority.
3
Any provision in this Order for the transfer of a person not engaged whole-time as a registration officer shall apply only to his office as a registration officer.
Allocation of Staff
4
1
Each new authority shall not later than 16th February 1998 submit to the Registrar General proposals for allocating to the posts described in the approved registration scheme for the area of the authority the registration officers who may, pursuant to paragraph (2) of article 3 of this Order, be transferred to the new authority on 1st April 1998.
2
Not later than the day on which proposals under paragraph (1) of this article are submitted to the Registrar General, the new authority shall send a copy of the proposals to every registration officer affected by them and the Registrar General, after considering any representations with respect to the proposals made by any such officer within a period of fourteen days after the submission of the proposals, may approve the proposals with or without modifications.
3
The new authority shall allocate the officers who are transferred to the new authority pursuant to paragraph (2) of article 3 of this Order to the posts described in the approved registration scheme for the area of the authority in accordance with the proposals approved by the Registrar General under paragraph (2) of this article.
4
If any new authority fails to submit proposals in accordance with paragraph (1) of this article, the Registrar General may, after consultation with that authority, and with the registration officers affected, determine the allocation of officers to the posts described in the approved registration scheme for the area of the authority and any allocation so determined shall have effect as if it had been proposed by the new authority and approved by the Registrar General.
Registration Officers to be Treated as Employees for Certain Purposes
5
For the purposes of any order made under section 23 of the 1992 Act (staff commissions) and regulations 3 (continuity of employment), 4 (transfers of staff) and 5 (redundancy payments) of the Local Government Changes for England (Staff) Regulations 1995 any registration officer shall, as respects his office, be treated as employed by the old authority by which he was appointed and, on and after 1st April 1998, as an officer in the employment of the new authority to which he is transferred in accordance with article 3(2) of this Order, and any reference in such Order or in those Regulations —
a
to “employed”, “employment”, “employee” or “employer” shall be construed accordingly; and
b
to a “contract of employment” shall be construed as a reference to the terms and conditions of the registration officer’s appointment.
Signed by the authority of the Secretary of State
Glenda Jackson
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd December 1997