text:
Citation and commencement
1
These Regulations may be cited as the Radiation (Emergency Preparedness and Public Information) Regulations 2001 and shall come into force on 20th September 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1996 Regulations ” means the Packaging, Labelling and Carriage of Radioactive Material by Rail Regulations 1996 ;
“the 1999 Regulations ” means the Ionising Radiations Regulations 1999 ;
“the Agency” in relation to premises or transport or a plan relating to premises or transport —
in England and Wales, means the Environment Agency,
in Scotland, means the Scottish Environment Protection Agency;
“approved dosimetry service” means an approved dosimetry service within the meaning of the 1999 Regulations and which is approved for the purpose of regulation 14 of these Regulations;
“carrier” shall be construed in accordance with paragraph (2);
“carrier’s emergency plan” shall be construed in accordance with regulation 8;
“consignor” means an employer carrying out work with ionising radiation who presents to a carrier for transport by rail a consignment of any radioactive substance;
“dose assessment” means the dose assessment made and recorded by an approved dosimetry service in accordance with regulation 21 of the 1999 Regulations;
“dose record” means the record made and maintained in respect of an employee by the approved dosimetry service in accordance with regulation 21 of the 1999 Regulations;
“emergency exposure” means an exposure of an employee engaged in an activity of or associated with the response to a radiation emergency or potential radiation emergency in order to bring help to endangered persons, prevent exposure of a large number of persons or save a valuable installation or goods, whereby one of the individual dose limits referred to in paragraphs 1 or 2 of Part I of Schedule 4 to the 1999 Regulations could be exceeded;
“emergency services” means —
those police, fire and ambulance services who are likely to be required to respond to a radiation emergency which has occurred at the premises of an operator or at the location of a radiation emergency during the course of the transport of a radioactive substance, and
where appropriate, Her Majesty’s Coastguard;
“ the Executive ” means the Health and Safety Executive;
“health authority” means, in relation to England and Wales, a health authority established under section 8 of the National Health Service Act 1977 and, in relation to Scotland, a health board established under section 2 of the National Health Service (Scotland) Act 1978 ;
“installation” means a unit in which the radioactive substances present are, or are intended to be, produced, used, handled or stored, and it includes —
equipment, structures, pipework, machinery and tools,
railway sidings, docks and unloading quays serving the unit, and
jetties, warehouses or similar structures, whether floating or not,
which are necessary for the operation of the unit;
“intervention” means a human activity that prevents or decreases the exposure of persons to radiation from a radiation emergency or from an event which could lead to a radiation emergency, by acting on the sources of radiation, the paths by which such radiation may be transmitted to persons and on persons themselves;
“ionising radiation” means the transfer of energy in the form of particles or electromagnetic waves of a wavelength of 100 nanometres or less or a frequency of 3 x 10 15 hertz or more capable of producing ions directly or indirectly;
“licensed site” means a site in respect of which a nuclear site licence has been granted and is in force;
“licensee” means the person to whom a nuclear site licence has been granted;
“local authority” means —
subject to sub-paragraphs (b) and (c) below, in relation to —
London, the London Fire and Emergency Planning Authority,
an area where there is a fire and civil defence authority, that authority,
the Isles of Scilly, the Council of the Isles of Scilly,
an area in the rest of England, the county council for that area or, where there is no county council for that area, the district council for that area,
an area in Scotland, the council for the local government area, and
an area in Wales, the county council or the county borough council for that area;
for the purposes of regulation 16(2), in relation to —
London, the London Fire and Emergency Planning Authority, and, in the City of London, the Common Council for the City of London, or, in an area in the rest of London, the London Borough Council for that area,
any other area where there is a fire and civil defence authority, that authority and the district council for that area,
the Isles of Scilly, the Council of the Isles of Scilly,
an area in the rest of England, the county council, if any, for that area and the district council, if any, for that area,
an area in Scotland, the council for the local government area, and
an area in Wales, the county council or the county borough council for that area;
for the purposes of regulation 16(3), in relation to —
the City of London, the Common Council for the City of London,
an area in the rest of London, the London Borough Council for that area,
the Isles of Scilly, the Council of the Isle of Scilly,
an area in the rest of England, the district council for that area or, where there is no district council for that area, the county council for that area,
an area in Scotland, the council for the local government area, and
an area in Wales, the county council or the county borough council for that area;
“medical surveillance” means medical surveillance carried out in accordance with regulation 24 of the 1999 Regulations;
“member of the public” means any person not being —
a person for the time being present upon premises where a radiation emergency is reasonably foreseeable or where a radiation emergency has actually occurred, or
a person engaged in an activity of or associated with the response to a radiation emergency;
“non-dispersible source” means a sealed source or a radioactive substance which in either case by virtue of its physical and chemical form cannot cause a radiation emergency in any reasonably foreseeable event but it does not include any radioactive substance inside a nuclear reactor or any nuclear fuel element;
“nuclear site licence” has the meaning assigned to it by section 1(1) of the Nuclear Installations Act 1965 ;
“off-site emergency plan” shall be construed in accordance with regulation 9;
“operator” shall be construed in accordance with paragraph (3);
“operator’s emergency plan” shall be construed in accordance with regulation 7;
“premises” means —
the whole area under the control of the same person where radioactive substances are present in one or more installations, and for this purpose two or more areas under the control of the same person and separated only by a road, railway or inland waterway shall be treated as one whole area, or
where radioactive substances are present on a licensed site, that licensed site,
and, where a radioactive substance forms an integral part of a vessel and is used in connection with the operation of that vessel, it includes that vessel when it is at fixed point moorings or alongside berths, save that such vessel shall be deemed to be separate premises only where such moorings or berths do not form part of a licensed site or part of premises under the control of the Secretary of State for Defence;
“radiation accident” means an accident where immediate action would be required to prevent or reduce the exposure to ionising radiation of employees or any other persons and includes a radiation emergency;
“radiation emergency” means any event (other than a pre-existing situation) which is likely to result in any member of the public being exposed to ionising radiation arising from that event in excess of any of the doses set out in Schedule 1 and for this purpose any health protection measure to be taken during the 24 hours immediately following the event shall be disregarded;
“radioactive substance” means any substance which contains one or more radionuclides whose activity cannot be disregarded for the purposes of radiation protection;
“sealed source” means a source containing any radioactive substance whose structure is such as to prevent, under normal conditions of use, any dispersion of radioactive substances into the environment;
“transport” means —
carriage of a radioactive substance by rail in or on a vehicle and a radioactive substance shall be deemed as being transported from the time that it is loaded onto the vehicle for the purpose of transporting it until it is unloaded from that vehicle;
transferring or conveying a radioactive substance through any public place otherwise than —
by rail, road, inland waterway, sea or air; or
by means of a pipeline or similar means;
“vehicle” means a railroad car or railway wagon, and for the purposes of these Regulations each car or wagon forming part of a larger vehicle shall be treated as a separate vehicle;
“work with ionising radiation” means work involving the production, processing, handling, use, holding, storage, transport by rail or disposal of radioactive substances which can increase the exposure of persons to radiation from an artificial source, or from a radioactive substance containing naturally occurring radionuclides which are processed for their radioactive, fissile or fertile properties.
2
In these Regulations, any reference to a carrier is a reference to —
a
an employer undertaking the transport by rail of any radioactive substance, and includes both a carrier for hire or reward and a carrier on own account, and
b
an employer transferring or conveying a radioactive substance through any public place otherwise than by rail, road, inland waterway, sea or air or by means of a pipeline or similar means.
3
In these Regulations, any reference to an operator is a reference to —
a
in relation to any premises other than a licensed site, the person who is, in the course of a trade, business or other undertaking carried on by him, in control of the operation of premises, and
b
in relation to a licensed site, the licensee,
and any duty imposed by these Regulations on the operator shall extend only in relation to those premises.
4
In these Regulations, unless the context otherwise requires, any reference to —
a
an employer includes a reference to a self-employed person and any duty imposed by these Regulations on an employer in respect of his employee shall extend to a self-employed person in respect of himself;
b
exposure to ionising radiation is a reference to exposure to ionising radiation arising from work with ionising radiation.
5
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application
3
1
Subject to paragraph (4) and regulation 17, these Regulations apply to any work with ionising radiation which involves —
a
having on any premises or providing facilities for there to be on any premises a radioactive substance containing more than the quantity of any radionuclide specified in Schedule 2 or, in the case of fissile material, more than the mass of that material specified in Schedule 3;
b
transporting by rail a radioactive substance containing more than the quantity of radionuclides specified in Schedule 4 or, in the case of fissile material, more than the mass of that material specified in Schedule 3; or
c
transferring or conveying a radioactive substance of a quantity or mass referred to in sub-paragraph (b) above through any public place otherwise than by rail, road, inland waterway, sea or air or by means of a pipeline or similar means.
2
For the purposes of paragraph (1)(a), a quantity specified in Schedule 2 shall be treated as being exceeded if —
a
where only one radionuclide is involved, the quantity of that radionuclide exceeds the quantity specified in the appropriate entry in Part I of Schedule 2; or
b
where more than one radionuclide is involved, the quantity ratio calculated in accordance with Part II of Schedule 2 exceeds one.
3
For the purposes of paragraph (1)(b), a quantity specified in Schedule 4 shall be treated as being exceeded if —
a
where only one radionclide is involved, the quantity of that radionuclide exceeds the quantity specified in the appropriate entry in Part I of Schedule 4; or
b
where more than one radionuclide is involved, the quantity ratio calculated in accordance with Part II of Schedule 4 exceeds one.
4
These Regulations shall not apply in respect of —
a
except for the transport of such source, any non-dispersible source;
b
except for the transport of such substance, any radioactive substance which has an activity concentration of not more than 100Bqg-1;
c
any radioactive substance conforming to the specifications for special form radioactive material set out in the 1996 Regulations and which is certified pursuant to those Regulations as complying with them or where the transport forms part of an international transport operation as is referred to in regulation 2(3)(a), (b) or (c) of the 1996 Regulations;
d
any radioactive substance which is in a package which complies in every respect with either the requirements for —
i
a Type B package design within the meaning of the 1996 Regulations; or
ii
a consignment shipped under Special Arrangement Transport Operations for the equivalent of a Type B package within the meaning of the 1996 Regulations,
and which is, in either case, certified pursuant to those Regulations as complying with them or where the transport forms part of an international transport operation as is referred to in regulation 2(3)(a), (b) or (c) of the 1996 Regulations;
e
the transport of any radioactive substance in the form of a low specific activity material conforming to the specifications for LSA-I, LSA-II or LSA-III within the meaning of the 1996 Regulations including cases where the transport forms part of an international transport operation as is referred to in regulation 2(3)(a), (b) or (c) of the 1996 Regulations;
f
the transport of any radioactive substance in the form of a surface contaminated object conforming to the specifications for SCO-I or SCO-II within the meaning of the 1996 Regulations including cases where the transport forms part of an international transport operation as is referred to in regulation 2(3)(a), (b) or (c) of the 1996 Regulations;
g
the presence of a radioactive substance while it is in or on the live body or corpse of a human being or animal where that presence occurs otherwise than in consequence of a radiation emergency.
5
These Regulations shall not apply in Northern Ireland.
Hazard identification and risk evaluation
4
1
In relation to work with ionising radiation to which these Regulations apply —
a
every operator shall, before such work is for the first time carried out at the premises, make an assessment; and
b
every carrier shall before he for the first time undertakes the transport of any radioactive substance make or ensure that there has been made an assessment,
which, in either case, is sufficient to demonstrate that —
c
all hazards arising from that work with the potential to cause a radiation accident have been identified; and
d
the nature and magnitude of the risks to employees and other persons arising from those hazards have been evaluated.
2
Where the assessment made for the purposes of paragraph (1) or of regulation 5 shows that a radiation risk to employees or other persons exists from an identifiable radiation accident, the operator or carrier, as the case may be, shall take all reasonably practicable steps to —
a
prevent any such accident; and
b
limit the consequences of any such accident which does occur.
3
The requirements of this regulation are without prejudice to the requirements of regulation 3 (Risk assessment) of the Management of Health and Safety at Work Regulations 1999 and to regulation 7 (Prior risk assessment etc.) of the 1999 Regulations.
Review of hazard identification and risk evaluation
5
1
Where a material change occurs in the work with ionising radiation to which an assessment made pursuant to regulation 4(1) relates —
a
the operator shall make a further assessment to take account of that change; and
b
the carrier shall make or ensure that there has been made a further assessment to take account of that change.
2
For such time as the work with ionising radiation in respect of which an assessment made pursuant to regulation 4(1) continues, the operator and carrier shall, within 3 years of the date of the last assessment (whether made in accordance with regulation 4(1), paragraph (1) or this paragraph) either —
a
make (or, in relation to a carrier, ensure that there has been made) a further assessment; or
b
if there is no change of circumstances which would affect the last report of the assessment required by regulation 6, sign a declaration to that effect.
Reports of assessment
6
1
Where an assessment has been made pursuant to regulation 4(1) by an operator or carrier —
a
the operator in question shall send to the Executive a report of that assessment at least twelve months before the commencement of the work with ionising radiation to which the assessment relates or within such shorter time in advance as the Executive may agree; and
b
the carrier in question shall send to the Executive a report of that assessment at least 28 days before the commencement of the work with ionising radiation to which the assessment relates or within such shorter time in advance as the Executive may agree.
2
Where an assessment has been made pursuant to regulation 5(1), the operator or carrier in question shall send to the Executive a report of that assessment within 28 days of the making of the material change or such longer time as the Executive may agree.
3
Where an assessment or declaration has been made pursuant to regulation 5(2), the operator or carrier in question shall send to the Executive a report of that assessment or the declaration, as the case may be, within 28 days of the assessment or declaration being made.
4
A report of an assessment made for the purposes of this regulation shall include the particulars specified in Schedule 5.
5
Where, for the purpose of assessing the risk to health or safety of persons who could be affected by work with ionising radiation to which regulation 4 applies, the Executive may reasonably require a detailed assessment of any of the further particulars set out in Schedule 6, it may, by notice in writing served on the operator or carrier, require him to carry out (or, in relation to a carrier, require him to ensure that there has been carried out) such detailed assessment of such matters as are specified in the notice and the operator or carrier, as the case may be, shall send a report of that assessment to the Executive within such time as is specified in the notice or within such longer time as the Executive may subsequently allow.
Operator’s emergency plan
7
1
Where the assessment made by an operator in accordance with regulation 4(1) or regulation 5 shows that it is reasonably foreseeable that a radiation emergency might arise (having regard to the steps taken by the operator under regulation 4(2)), the operator shall prepare an adequate emergency plan (in these Regulations referred to as an “operator’s emergency plan”) designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such reasonably foreseeable emergencies as are identified by the said assessment.
2
Without prejudice to paragraph (1), the operator’s emergency plan shall contain the information specified in Part I of Schedule 7.
3
No person shall carry out work with ionising radiation to which the assessment made in accordance with regulation 4(1) applies unless —
a
the operator has complied with the requirements of paragraphs (1) and (2); and
b
the local authority has complied with the requirements of regulation 9(1), (2), (8) and (9) and has provided confirmation of this to the operator in accordance with regulation 9(13).
4
The operator’s emergency plan shall be drawn up having regard to the principles set out in Part I of Schedule 8.
5
Without prejudice to the generality of paragraph (1), the operator’s emergency plan shall secure, where appropriate, intervention for the purposes set out in Part II of Schedule 8.
6
For the purpose of preparing the operator’s emergency plan pursuant to paragraph (1) or of reviewing the plan pursuant to regulation 10(1), the operator shall consult —
a
his employees, any person carrying out work on behalf of the operator, the Executive, the local authority in whose area the premises of the operator are situated, the emergency services, the health authority for the area in which the premises of the operator are situated and the Agency; and
b
such other persons, bodies and authorities as the operator considers appropriate,
and, in a case where the emergency services form part of the plan, shall give such information to those services as will enable them to perform their functions in accordance with the plan.
7
The operator shall ensure that any employee who may be involved with or may be affected by arrangements in the operator’s emergency plan is or has been provided with —
a
suitable and sufficient information, instruction and training; and
b
the equipment necessary to restrict that employee’s exposure to ionising radiation including, where appropriate, the issue of suitable dosemeters or other devices obtained in either case from the approved dosimetry service with which the operator has entered into an arrangement under regulation 21 of the 1999 Regulations.
8
The operator shall provide to the Executive upon request and within such reasonable time as the Executive may specify a copy of the operator’s emergency plan or such parts of that plan as the Executive may require.
Carrier’s emergency plan
8
1
Where the assessment made in accordance with regulation 4(1) or regulation 5 shows that it is reasonably foreseeable that a radiation emergency might arise in respect of the transport of a radioactive substance (having regard to the steps taken by the carrier under regulation 4(2)), the carrier shall prepare or ensure that there has been prepared an adequate emergency plan in respect of the transport of such substances (in these Regulations referred to as a “carrier’s emergency plan”) designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such reasonably foreseeable emergencies as are identified by the said assessment.
2
Without prejudice to paragraph (1), the carrier’s emergency plan shall contain the information specified in Part II of Schedule 7.
3
A carrier shall not undertake the transport of any radioactive substance to which the assessment made in accordance with regulation 4(1) applies unless he has complied with the requirements of paragraph (1) and (2).
4
Where not also the carrier, the consignor shall, before presenting a consignment of any radioactive substance for transport, supply to the carrier such information as is necessary for the purpose of enabling the carrier to prepare or ensure that there is prepared the carrier’s emergency plan required by this regulation.
5
The carrier’s emergency plan shall be drawn up having regard to the principles set out in Part I of Schedule 8.
6
Without prejudice to the generality of paragraph (1), the carrier’s emergency plan shall secure, where appropriate, intervention for the purposes set out in Part II of Schedule 8.
7
For the purpose of preparing a carrier’s emergency plan pursuant to paragraph (1) or of reviewing the plan pursuant to regulation 10(1), the carrier shall ensure that consultation is carried out with —
a
the Executive, (where not also the carrier) the consignor and the Agency; and
b
such local authorities, emergency services, health authorities and other persons, bodies or authorities (or in each case representatives thereof) as the carrier considers appropriate.
8
The carrier shall ensure that any employee under his control who may be involved with or may be affected by arrangements in the carrier’s emergency plan is or has been provided with —
a
suitable and sufficient information, instruction and training; and
b
the equipment necessary to restrict that employee’s exposure to ionising radiation including, where appropriate, suitable dosemeters or other devices obtained in either case from the approved dosimetry service with which the carrier has entered into an arrangement under regulation 21 of the 1999 Regulations.
9
Where requested by the Executive, the carrier shall provide to the Executive within such reasonable time as may be specified a copy of the carrier’s emergency plan or such parts of the plan as the Executive may require.
Off-site emergency plan
9
1
The local authority in whose area there is situated premises at which there is carried out work with ionising radiation to which these Regulations apply and in respect of which an assessment made by the operator pursuant to regulation 4(1) or regulation 5 shows that it is reasonably foreseeable that a radiation emergency might arise (having regard to the steps taken by the operator under regulation 4(2)) shall prepare an adequate emergency plan (in these Regulations referred to as an “off-site emergency plan”) designed to secure, so far as is reasonably practicable, the restriction of exposure to ionising radiation and the health and safety of persons who may be affected by such reasonably foreseeable emergencies as are identified in that assessment and the plan shall be prepared in respect of such area as in the opinion of the Executive any member of the public is likely to be affected by such radiation emergencies.
2
Without prejudice to paragraph (1), the off-site emergency plan shall contain the information specified in Part III of Schedule 7.
3
The off-site emergency plan prepared pursuant to paragraph (1) shall address each reasonably foreseeable radiation emergency that has been identified by the operator for the purposes of regulation 7(1).
4
Where an assessment has been made pursuant to regulation 4(1), within 28 days of sending the report of the assessment to the Executive in accordance with regulation 6(1), the operator shall supply to the local authority such information as is necessary for the purpose of enabling the authority to prepare the off-site emergency plan required by paragraph (1).
5
Without prejudice to paragraph (4), the operator shall further supply to the local authority —
a
any additional information the local authority may reasonably request to enable the off-site emergency plan to be prepared; and
b
details of any material change to the information provided under paragraph (4) resulting from —
i
a further assessment made pursuant to regulation 5(1) or (2); or
ii
a revision of the operator’s emergency plan pursuant to regulation 10(1).
6
The information provided to a local authority pursuant to paragraphs (4) or (5)(a) shall be reviewed and where necessary revised by the operator at suitable intervals not exceeding 3 years from the date at which information was last supplied to the local authority under those paragraphs and the operator shall within 28 days inform the local authority of the outcome of that review.
7
The operator shall, within 28 days of any further assessment or revision referred to in paragraph (5)(b) inform the local authority of any material change to the information supplied arising from that assessment or review.
8
Subject to paragraph (9), the off-site emergency plan shall be prepared no later than 6 months (or such longer period as the Executive may agree in writing) after whichever is the later of —
a
the receipt by the local authority of a notice from the Executive informing the local authority of the need to prepare an off-site emergency plan in respect of the area; or
b
the receipt by the local authority of the information referred to in paragraph (4).
9
The off-site emergency plan shall be prepared before the operator carries out work with ionising radiation to which the assessment made in accordance with regulation 4(1) applies.
10
The off-site emergency plan shall be drawn up having regard to the principles set out in Part I of Schedule 8.
11
Without prejudice to the generality of paragraph (1), the off-site emergency plan shall secure, where appropriate, intervention for the purposes set out in Part II of Schedule 8.
12
For the purpose of preparing an off-site emergency plan pursuant to paragraph (1) or of reviewing the plan pursuant to regulation 10(1), the local authority shall consult —
a
the operator carrying out the work with ionising radiation to which the plan relates, the Executive, the emergency services, each health authority in the vicinity of the premises of the operator and the Agency; and
b
such other persons, bodies and authorities and members of the public as the local authority considers appropriate.
13
Once it has prepared the off-site emergency plan the local authority shall confirm in writing to the operator that it has done so.
14
The employer of any employee who may be required to participate in the implementation of an off-site emergency plan shall ensure that such employees of his are or have been provided with —
a
suitable and sufficient information, instruction and training; and
b
the equipment necessary to restrict that employee’s exposure to ionising radiation including, where appropriate, the issue of suitable dosemeters or other devices.
15
The local authority shall provide to the Executive upon request and within such reasonable time as may be specified a copy of the off-site emergency plan or such parts of that plan as the Executive may require.
Review and testing of emergency plans
10
1
The operator, carrier or local authority who has prepared (or, in relation to a carrier, has ensured that there has been prepared) an emergency plan pursuant to regulation 7, 8 or 9, as the case may be, shall at suitable intervals not exceeding 3 years —
a
review and where necessary revise the plan; and
b
test the plan and take reasonable steps to arrange for the emergency services to participate in the test to such extent as is necessary,
and any such review shall take into account changes occurring in the work with ionising radiation to which the plan relates and within the emergency services concerned, new technical knowledge and knowledge concerning the response to radiation emergencies and any material change to the assessment on which the plan was based since it was last reviewed or revised.
2
The local authority shall endeavour to reach agreement with the operator who is subject to a duty to prepare an operator’s emergency plan and the emergency services as to how the off-site emergency plan is to be tested.
3
The carrier shall endeavour to reach agreement with such local authorities and emergency services as are appropriate as to how the carrier’s emergency plan is to be tested.
Consultation and co-operation
11
1
In performing the duties imposed on him by regulations 4(1)(a), 4(2), 5 and 7, the operator shall consult any other employer who carries out work with ionising radiation on the premises and shall for the purpose of compliance with those duties take into account relevant matters arising from that consultation.
2
Any employer who carries out work with ionising radiation at premises to which these Regulations apply shall co-operate with the operator by providing information or otherwise to the extent necessary to ensure that the operator is enabled to comply with the requirements of these Regulations (including the testing of emergency plans) in so far as his ability depends on such co-operation.
3
Any person who is subject to a duty under these Regulations to prepare an emergency plan and any employer of any other person whose participation is reasonably required by any such plan shall co-operate with each other by the exchange of information or otherwise to the extent necessary to ensure that each person is enabled to comply with the requirements of these Regulations (including the testing of emergency plans) in so far as his ability to comply depends upon such co-operation.
Charge for preparation, review and testing of emergency plans
12
1
A local authority may charge —
a
the operator a fee for performing the local authority’s functions in relation to the off-site emergency plan under regulations 9 and 10; and
b
the carrier a fee for performing the local authority’s functions in relation to the carrier’s emergency plan under regulation 10(1)(b).
2
The fee charged under paragraph (1) shall not exceed the sum of costs reasonably incurred by the local authority in performing the functions referred to in that paragraph, including (but without prejudice to the generality of the foregoing provision of this paragraph) any costs reasonably incurred by the local authority in arranging for the emergency services to participate in the testing of the off-site emergency plan or the carrier’s plan, as the case may be.
3
When requiring payment the local authority shall send or give to the operator or carrier, as the case may be, a detailed statement of the work done and the costs incurred including the dates of any site visits and the period to which the statement relates and the fee, which shall be recoverable only as a civil debt, shall become payable one month after the statement has been sent or given.
Implementation of emergency plans
13
1
An operator or carrier who has prepared (or, in relation to a carrier, has ensured that there has been prepared) an emergency plan pursuant to regulation 7 or 8, as the case may be, shall take reasonable steps to put it, or such parts of it as are necessary, into effect without delay when —
a
a radiation emergency occurs, or
b
an event occurs which could reasonably be expected to lead to a radiation emergency,
and shall notify such occurrence to the Executive without delay.
2
A local authority which has prepared an emergency plan pursuant to regulation 9 shall take reasonable steps to ensure that it, or such parts of it as are necessary, is put into effect without delay when informed by the operator that —
a
a radiation emergency has occurred; or
b
an event has occurred which could reasonably be expected to lead to a radiation emergency.
3
In the event of a radiation emergency resulting from his work with ionising radiation, the operator or carrier shall —
a
as soon as is reasonably practicable, make (or, in relation to a carrier, ensure that there has been made) a provisional assessment of the circumstances and consequences of such an emergency and for this purpose shall consult —
i
in the case of the operator, the emergency services, the local authority, the health authority, the Agency and such other persons, bodies or authorities as have functions under the operator’s emergency plan or the off-site emergency plan; and
ii
in the case of the carrier, the consignor, the Agency and any emergency services, local authority and health authority who were involved in the response to the emergency and such other persons, bodies or authorities as have functions under the carrier’s emergency plan;
b
as soon as is practicable and in any event within 12 months or such longer time as the Executive may agree, make (or in relation to a carrier ensure that there has been made) a full assessment of the consequences of that emergency and the effectiveness of the emergency plans put into effect as a result of that emergency; and
c
within 28 days of the completion of the assessment under sub-paragraph (b) make a report of the findings of the assessment and retain that report or a copy thereof for at least 50 years from the date upon which the report was completed.
4
The operator or carrier shall provide to the Executive within 28 days of the making of the report under paragraph (3)(c) above a copy of that report.
Emergency exposures
14
1
Where an emergency plan prepared pursuant to these Regulations provides for the possibility of any employee receiving an emergency exposure, each employer shall in relation to his employees —
a
identify those employees who may be subject to emergency exposures;
b
provide such employees with appropriate training in the field of radiation protection and such information and instruction as is suitable and sufficient for them to know the risks to health created by exposure to ionising radiation and the precautions which should be taken;
c
provide such equipment as is necessary to restrict the exposure of such employees to radiation;
d
make arrangements for medical surveillance by an appointed doctor or employment medical adviser to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures;
e
make arrangements with an approved dosimetry service for —
i
dose assessments to be carried out without delay in the event of a radiation emergency in respect of those employees who receive emergency exposures, and a dose assessment made for the purpose of this sub-paragraph shall, where practicable, be made separately from any other dose assessment relating to those employees; and
ii
the results of the dose assessments carried out under sub-paragraph (i) above to be notified without delay to the employer and to the Executive;
f
make arrangements, in respect of dose assessments to be carried out and notified pursuant to sub-paragraph (e) above, to notify the results of such assessments without delay to the appointed doctor or employment medical adviser who is carrying out the medical surveillance on the employee to whom the assessment relates;
g
identify those employees who shall be authorised, in the event of a radiation emergency, to permit any employee referred to in sub-paragraph (a) above to be subject to an emergency exposure and provide employees who are so authorised with appropriate training.
2
An operator shall, at least 28 days before he for the first time commences work with ionising radiation, and a carrier shall at least 28 days before he for the first time undertakes transport of any radioactive substance, or in either case within such shorter time in advance as the Executive may agree, notify to the Executive the dose levels which he has determined are appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of such emergency.
3
Where an operator or carrier determines that a dose level notified under paragraph (2) above is no longer appropriate to be applied in respect of an employee identified for the purposes of paragraph (1)(a) in the event of such emergency, and that a revised level should be determined, the operator or carrier, as the case may be, shall, at least 28 days before formally determining the revised dose level, or within such shorter time in advance as the Executive may agree, notify to the Executive the revised dose level which he considers is appropriate to be applied.
4
In any case where in the opinion of the Executive the dose levels for emergency exposure notified pursuant to paragraph (2) or (3) are too high, the operator or carrier shall, if so directed by the Executive, substitute such other dose level or levels as the Executive may consider is appropriate.
5
Where an emergency plan is put into effect pursuant to the provisions of regulation 13, each employer shall ensure —
a
that no employee of his under 18 years of age, no trainee under 18 years of age and no female employee who is pregnant or breastfeeding is subject to an emergency exposure;
b
that no other employee of his is subject to an emergency exposure unless —
i
that employee has agreed to undergo such exposure;
ii
the requirements of paragraph (1)(a) to (f) have been complied with in respect of that employee; and
iii
that employee has been permitted to be so by an employee authorised for that purpose under paragraph (1)(g); and
c
that no employee of his involved in implementing an emergency plan is exposed to a dose of radiation in excess of the dose level determined in accordance with paragraphs (2), (3) or (4).
6
The requirement imposed on the employer by paragraph (5)(a) shall not apply in respect of a female employee who is pregnant or breastfeeding until such time as the employee has notified the employer in writing of that fact or the employer should reasonably have been aware of that fact.
7
The requirement imposed by paragraph (5)(c) shall not apply in respect of an exposure of any employee who —
a
being informed about the risks involved in the intervention, agrees to undergo an exposure greater than any dose level referred to in that sub-paragraph for the purpose of saving human life; and
b
is permitted to undergo such exposure by an employee authorised by the employer in accordance with paragraph (1)(g) to give such permission.
8
Where an employee has undergone an emergency exposure, the employer shall ensure that the dose of ionising radiation received by that employee is assessed by an approved dosimetry service and that the dose assessed is recorded separately in the dose record of that employee or, where no dose record exists, in a record created for the purpose of this paragraph complying with the requirements to which it would be subject if it were a dose record.
9
An employer shall at the request of an employee of his in respect of whom a record has been created for the purposes of paragraph (8), and on reasonable notice being given, obtain from the approved dosimetry service and make available to the employee a copy of the record of dose relating to that employee.
10
In the event of a report made pursuant to regulation 13(3) relating to the circumstances of an emergency exposure and the action taken as a result of that exposure, an employer shall keep such report (or a copy thereof) until the person to whom the report relates has or would have attained the age of 75 years but in any event for at least 50 years from the termination of the work which involved any emergency exposure.
Disapplication of dose limits
15
In the event of a radiation emergency, regulation 11 of the 1999 Regulations shall not apply to intervention.
Prior information to the public
16
1
An operator or carrier who carries out work with ionising radiation from which a radiation emergency is reasonably foreseeable shall —
a
ensure that members of the public who are in an area in which, in the opinion of the Executive, they are likely to be affected by a radiation emergency arising from the undertaking of that operator or carrier, as the case may be, are supplied, in an appropriate manner, without their having to request it, with at least the information specified in Schedule 9; and
b
make that information publicly available.
2
In preparing the information to be supplied in accordance with paragraph (1), the operator or carrier shall consult each local authority in the area or areas referred to in that paragraph, any authority likely to fall within paragraph 5 of Schedule 9 and such other persons who seem to him to be appropriate, but the operator or carrier, as the case may be, shall remain responsible for the accuracy, completeness and form of the information so supplied.
3
Without prejudice to his duty under paragraph (1), the operator or carrier shall endeavour to enter into an agreement with the local authority in the area referred to in that paragraph for that authority to disseminate the information required to be supplied in accordance with that paragraph to the members of the public mentioned in it.
4
The operator or carrier shall review and where necessary revise the information referred to in paragraph (1) —
a
at regular intervals but, in any case, not less than once in three years; and
b
whenever significant changes to the emergency measures, action and authorities referred to in paragraphs 3, 4 and 5 of Schedule 9 take place.
5
The operator or carrier shall ensure that the information referred to in paragraph (1) is supplied in accordance with that paragraph before carrying out work with ionising radiation to which the assessment made in accordance with regulation 4(1) (a) or (b), as the case may be, applies and that the information is so supplied again and made publicly available —
a
at intervals not exceeding three years; and
b
if it is revised pursuant to paragraph (4), as soon as is reasonably practicable after the revision.
6
Where a report made pursuant to regulation 6 relates to an assessment which identifies any reasonably foreseeable radiation emergency, the operator or carrier, as the case may be, shall make such report available to the public as soon as is reasonably practicable after it has been sent to the Executive under that regulation (except that, with the approval of the Executive, the operator or carrier need not make available any parts of such reports for reasons of industrial, commercial or personal confidentiality, public security or national defence).
Duty of local authority to supply information to the public in the event of a radiation emergency
17
1
Every local authority shall prepare and keep up to date arrangements to supply, in the event of any radiation emergency in that local authority’s area (howsoever that emergency may arise), information of and advice on the facts of the emergency, of the steps to be taken and, as appropriate, of health protection measures applicable.
2
The arrangements prepared and kept up to date under paragraph (1) shall provide for the information to be supplied at regular intervals in an appropriate manner, without delay, and without their having to request it, to members of the public who are in that local authority’s area and who are actually affected by the radiation emergency.
3
In preparing those arrangements and keeping them up to date, the local authority shall consult any authority likely to be responsible for implementing the relevant measures referred to in Schedule 10 and such other persons as appear to it to be appropriate.
4
The information and advice to be supplied in accordance with arrangements prepared and kept up to date under paragraph (1) shall, if relevant to the type of radiation emergency, include that specified in Schedule 10 and shall, in any event, mention the authority or authorities responsible for implementing the relevant measures referred to in that Schedule.
5
For the purposes of paragraph (2), the members of the public referred to in that paragraph as actually affected are those whose co-operation is sought to put into effect any steps or health protection measures referred to in paragraph (1).
Modifications relating to the Ministry of Defence etc.
18
1
In this regulation, any reference to —
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part 1 of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
Her Majesty’s Forces;
b
visiting forces;
c
any member of a visiting force working in or attached to any headquarters or organisation; or
d
any person engaged in work with ionising radiation for, or on behalf of, the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
3
The requirements of regulation 14 shall not have effect to the extent that this regulation would in the opinion of the Secretary of State for Defence be against the interests of national security.
Enforcement and offences
19
Insofar as any provision of regulations 17 and 21 is made under section 2(2) of the European Communities Act 1972, sections —
a
16 to 21 (approval of codes of practice and enforcement);
b
23 (provisions supplementary to sections 21 and 22) and 24 (appeal against improvement or prohibition notice), so far as they relate to an improvement notice;
c
26 (power to indemnify inspectors); and
d
33 to 42 (provisions as to offences),
of the Health and Safety at Work etc. Act 1974 shall apply to that provision as if that provision had been made under section 15 of that Act.
Transitional provisions
20
1
Where an operator or carrier has carried out work with ionising radiation before the date of the coming into force of these Regulations, an assessment made pursuant to any enactment for the purposes of identifying those matters referred to in sub-paragraphs (c) and (d) of regulation 4(1) shall be deemed to have been made pursuant to regulation 4.
2
Where work with ionising radiation to which these Regulations apply has commenced before the date of the coming into force of these Regulations —
a
an operator or carrier who is required to send a report of assessment to the Executive under regulation 6(1) shall be deemed to have complied with the requirements of that paragraph if such report is sent to the Executive within 5 months of that date or within such longer time as the Executive may agree;
b
an operator who is required to prepare an operator’s emergency plan under regulation 7(1) and a carrier who is required to prepare a carrier’s emergency plan under regulation 8(1) shall be deemed to have complied with the requirements of that paragraph if that plan is prepared within 6 months of that date or within such longer time as the Executive may agree, and in such case paragraph (3) of regulation 7 or 8 respectively and regulation 9(9) shall not apply;
c
an operator who is required to provide information to the local authority in accordance with the requirements of paragraph (4) of regulation 9 shall be deemed to have complied with that paragraph if he provides the required information to the local authority within 6 months of that date or within such longer time as the Executive may agree;
d
an operator or carrier who is required to notify the Executive of the determined dose levels under regulation 14(2) shall be deemed to have complied with the requirements of that regulation if such notification is given to the Executive within 5 months of that date or within such longer time as the Executive may agree; and
e
subject to paragraph (3) below, an operator or carrier who is required to supply information to the public pursuant to paragraph (1) of regulation 16 shall be deemed to have complied with that paragraph if the information specified in Schedule 9 is supplied within a reasonable time after preparation of the off-site emergency plan or the carrier’s emergency plan, as the case may be.
3
Where prior to the coming into force of these Regulations an operator or carrier has supplied information to the public pursuant to regulation 3 of the Public Information for Radiation Emergencies Regulations 1992 , the supply of that information, to the extent that it relates to matters to which these Regulations apply, shall for a period of 3 years from the date upon which it was supplied or, where that information has been updated, the date upon which it was last updated, be deemed to comply with the requirements of regulation 16(1) of these Regulations and for the purposes of these Regulations that information shall be treated as if it had been supplied pursuant to regulation 16(1).
Amendment of Regulations
21
The Regulations referred to in Schedule 11 shall be amended in accordance with the provisions of that Schedule.
Revocation and saving
22
1
The Public Information for Radiation Emergencies Regulations 1992 are revoked, save that —
a
to the extent that it applies in relation to the transport of radioactive substances by road, inland waterway, sea or air, regulation 3 (Employer or self-employed person to supply prior information) shall continue in force; and
b
any other provisions of the said 1992 Regulations in so far as is necessary to give effect to regulation 3 shall also continue in force.
2
Paragraph (3) of regulation 41 of the 1999 Regulations is revoked.
3
To the extent that it applies in relation to the transport of radioactive substances by road, inland waterway, sea or air, regulation 26 (Special hazard assessment) of the Ionising Radiations Regulations 1985 (in this paragraph referred to as “the 1985 Regulations”) shall continue in force and, in respect of any employer subject to the said regulation 26, the following provisions shall also continue in force —
a
paragraphs (1) to (3), (4)(b) and (c) and (5) of regulation 27 (Contingency plans) with the modification that —
i
in paragraph (1), the reference to regulation 25(1) of the 1985 Regulations shall be treated as a reference to regulation 7(1) or (2) of the 1999 Regulations;
ii
in paragraph (1)(b), the reference to regulation 8(1) of and Schedule 6 to the 1985 Regulations shall be treated as a reference to regulation 16 of the 1999 Regulations;
iii
in paragraph (4)(b), the reference to regulation 13(2) of the 1985 Regulations shall be treated as a reference to regulation 21(2) of the 1999 Regulations;
b
any other provisions of the 1985 Regulations in so far as is necessary to give effect to the provisions specified in this paragraph.
Signed by order of the Secretary of State
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
27th August 2001.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Wiltshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Wiltshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the South Wiltshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Wiltshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Wiltshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Salisbury Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th February 2001


text:
1
These Rules may be cited as the Insolvent Companies (Disqualification of Unfit Directors) Proceedings (Amendment) Rules 2001 and shall come into force on 2nd April 2001.
2
Rule 9 of the Insolvent Companies (Disqualification of Unfit Directors) Proceedings Rules 1987 is hereby revoked.
Irvine of Lairg, C.
22nd February 2001
I concur, on behalf of the Secretary of State
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
1st March 2001


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001, and shall come into force on 9th April 2001.
2
In these Regulations —
“ the Act ” means the Pensions Appeal Tribunals Act 1943;
“the Civilians Scheme ” means the Personal Injuries (Civilians) Scheme 1983 ;
“the commencement date” means 9th April 2001;
“the Service Pensions Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 ;
“decision” means a decision notified by the Secretary of State on or after the commencement date;
“specified decision” means a decision specified for the purposes of section 5A of the Act; and
any reference to a numbered Schedule is a reference to the Schedule so numbered in these Regulations.
New appeal rights: the Service Pensions Order
3
1
Each decision —
a
which is made in exercise of any provision of the Service Pensions Order listed in Schedule 1; and
b
which —
i
refuses or discontinues an award;
ii
establishes or varies the amount of an award; or
iii
establishes or varies the date from which an award has effect,
shall be a specified decision.
2
Any decision as to the amount to be deducted from an award by virtue of any of the following provisions of the Service Pensions Order —
a
article 55 (adjustment of awards in respect of other compensation);
b
article 59 (abatement of awards in respect of social security benefits); or
c
article 60 (payment of public claims out of pensions),
shall be a specified decision.
New appeal rights: the Civilians Scheme
4
1
Each decision:
a
which is made in exercise of any provision of the Civilians Scheme listed in Schedule 2; and
b
which —
i
refuses or discontinues an award;
ii
establishes or varies the amount of an award; or
iii
establishes or varies the date from which an award has effect,
shall be a specified decision.
2
Any decision as to the amount to be deducted from an award by virtue of any of the following provisions of the Civilians Scheme —
a
article 62 (prevention of double payments);
b
article 63 (adjustment of awards in respect of other compensation);
c
article 65 (abatement of awards in respect of social security benefits); or
d
article 66 (payment of public claims out of pensions),
shall be a specified decision.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 10) Order 2001.
2
In this Order, “ the Act ” means the Health Act 1999.
3
This Order extends only to England and Wales.
Appointed day
2
9th February 2001 is the day appointed for the coming into force of —
a
section 39 of the Act, in so far as it is not already in force;
b
section 65(2) of the Act, in so far as it relates to the provisions of Schedule 5 to the Act specified in paragraph (c) of this article; and
c
in Schedule 5 to the Act (repeals), the repeals relating to the provisions specified in column (1) of the Schedule to this Order, to the extent specified in column (2) of that Schedule.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
30th January 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001, shall come into force on 15th January 2002 and shall extend to England only.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
The Miscellaneous Food Additives Regulations 1995 shall be amended, insofar as they extend to England, in accordance with Regulations 3 to 8.
3
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “Directive 95/2/ EC ”, for the words “and European Parliament and Council Directive 98/72/EC ” there shall be substituted the words “, European Parliament and Council Directive 98/72/EC and European Parliament and Council Directive 2001/5/EC ”;
b
in the definition of “Directive 96/77/EC ”, for the words “and Commission Directive 2000/63/EC ” there shall be substituted the words “, Commission Directive 2000/63/EC and Commission Directive 2001/30/EC ”; and
c
in the definition of “purity criteria”, for paragraph (b) there shall be substituted the following paragraph —
b
in the case of magnesium carbonates (E504), the purity criteria referred to in Schedule 5;
.
4
In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1C) the following paragraph —
1D
In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that —
a
the food additive or food concerned was put on the market or labelled before 15th January 2002; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulations 3 (b) and (c) and 8 of the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 had not been in force when that matter occurred.
.
5
In Schedule 1 (miscellaneous additives generally permitted for use in foods not referred to in Schedule 6, 7 or 8) —
a
in note (2), for the expression “and E948” there shall be substituted the expression “, E948 and E949”; and
b
in the Table —
i
in the first column, immediately after the reference to “E948”, there shall be inserted a reference to “E949”, and
ii
in the second column, immediately after the reference to “Oxygen”, there shall be inserted a reference to “Hydrogen”.
6
In the Table to Schedule 3 (other permitted miscellaneous additives) —
a
in the entry for Glycerol esters of wood rosins (E445) —
i
in the third column, after the reference to “non-alcoholic flavoured cloudy drinks”, there shall be added the following references —
Cloudy spirit drinks in accordance with Council Regulation ( EEC ) No. 1576/89 laying down general rules on the definition, designation and presentation of spirit drinks
Cloudy spirit drinks containing less than 15% alcohol by volume
, and
ii
in the fourth column, opposite to each of the references added by this paragraph, there shall be added references to “100mg/l”;
b
immediately after the entry for Disodium 5'–ribonucleotides (E635) there shall be inserted the following entry —
E 650 Zinc acetate Chewing gum 1000 mg/ kg
; and
c
immediately after the entry for Carbamide (E927b) there shall be inserted the following entries —
E943a
E943b
E944
Butane
Iso-butane
Propane
Vegetable oil pan spray (for professional use only)
Water-based emulsion spray
quantum satis .
7
In Schedule 4 (permitted carriers and carrier solvents), in the entry for Propan — 1, 2–diol (propylene glycol) there shall be inserted in the first column the reference “E1520”.
8
In Schedule 5 (purity criteria) —
a
for the text at the start commencing with the words “Each miscellaneous additive for which specific purity criteria are specified” and ending with the expression “E957 Thaumatin.”, there shall be substituted the following text —
The miscellaneous additives for which specific purity criteria are referred to below shall not contain —
more than 2 milligrams per kilogram of arsenic;
more than 10 milligrams per kilogram of lead;
more than 50 milligrams per kilogram of copper;
more than 25 milligrams per kilogram of zinc; or
more than 50 milligrams per kilogram of any combination of copper and zinc.
; and
b
the remainder of the Schedule shall be omitted save for the provisions relating to magnesium carbonates (E504).
Consequential amendments
9
1
Paragraph (2) of regulation 6 (consequential amendments) of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 shall be omitted.
2
In the Regulations listed below, in so far as they extend to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 , the Miscellaneous Food Additives (Amendment) Regulations 1999 , the Coffee Extracts and Chicory Extracts (England) Regulations 2000 , the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 and these Regulations:
the Mineral Hydrocarbons in Food Regulations 1966 ;
the Specified Sugar Products Regulations 1976 ;
the Cocoa and Chocolate Products Regulations 1976 ;
the Fruit Juices and Fruit Nectars Regulations 1977 ;
the Condensed Milk and Dried Milk Regulations 1977 ;
the Jam and Similar Products Regulations 1981 ;
the Meat Products and Spreadable Fish Products Regulations1984 ;
the Food Additives Labelling Regulations 1992 ;
the Food Labelling Regulations 1996 .
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
26th November 2001


text:
Citation and commencement
1
This Order may be cited as the Scottish Parliament (Elections etc.) (Amendment) (No. 2) Order 2001 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order–
“the principal Order ” means the Scottish Parliament (Elections etc.) Order 1999 .
Amendment of Schedule 2 to the principal Order (Scottish Parliamentary Election Rules)
3
1
Schedule 2 to the principal Order shall be amended in accordance with this article.
2
In rule 1(1) (timetable), after “shall” insert “, subject to rule 1A below,”.
3
In rule 1(2), for “In” substitute–
Except in relation to the substitutions made by rule 1A below, in
.
4
After rule 1 insert–
Timetable - Election to fill vacancy in a constituency seat
1A
In the case of an election under section 9 of the Scotland Act 1998 (constituency vacancies), the proceedings shall be conducted in accordance with the Table in rule 1(1) above, but subject to the following substitutions–
a
for the first entry in the Table substitute–
Publication of notice of election to fill a constituency vacancy. Not earlier than the twenty-eighth day before the date of the poll and not later than the fourteenth day before the date of the poll.
; and
b
for the second entry in the Table substitute–
Delivery of constituency nomination papers. Not later than 4pm on any day after the date of the publication of the notice of election but not later than the eleventh day before the date of the poll.
.
HELEN LIDDELL
One of Her Majesty’s Principal Secretaries of State
Scotland Office Meridian Court Glasgow
3rd May 2001


text:
Citation and commencement
1
This Order shall be cited as the Herefordshire Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Herefordshire Education Action Zone” means the Education Action Zone established by the Herefordshire Education Action Zone Order 1998 .
Extension of the Herefordshire Education Action Zone
3
The Herefordshire Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the Herefordshire Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Herefordshire Education Action Zone Order 1998 the following article:
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or with which he had a connection, is discontinued;
c
in the case of a member appointed by a zone partner pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 5(1), if that person no longer appears to the Forum to represent the interests of either business, the voluntary sector, parents of children, or teachers at the zone schools, in the area served by zone schools, as the case may be.
5
1
The Herefordshire Education Action Zone Order 1998 is varied as follows:
2
From Schedule 1 of that Order the words “Tesco Stores Limited”, “Herefordshire Group Training Association”, “The Hereford and Worcester Chamber of Commerce”, “The Marches Consortium Limited”, “Herefordshire Area Health Authority”, “Herefordshire Group Training Association”, are deleted.
3
In Schedule 1 after the words “the Hereford and Worcester Careers Services Limited”, shall be inserted “Arctic Circle Limited”, “Community First”, “Herefordshire Education Directorate”, “Herefordshire Primary Care Trust”, “Learning and Skills Council Herefordshire and Worcestershire” and “Sun Valley Foods Ltd”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Hull Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the West Hull Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the West Hull Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East Riding and Hull Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East Riding and Hull Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Hull and East Riding Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Code of Practice on Audio Recording of Interviews) Order 2001 and shall come into force on 19th February 2001.
Code of practice
2
The code of practice in connection with the audio recording of any interview by a constable of a person detained under Schedule 7 to or section 41 of the 2000 Act if the interview takes place in a police station (within the meaning of paragraph 1(2) of Schedule 8 to the 2000 Act), which was laid before Parliament in draft on 14th December 2000, shall come into operation on 19th February 2001.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
25th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Pendle (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to the elections of parish councillors for the parishes of Barrowford and Brierfield to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Pendle;
“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 for Transport, Local Government and the Regions marked “Map of the Borough of Pendle (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Pendle
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.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards, or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Pendle
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 all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards 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 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), 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.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
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.
9
Except as otherwise provided in the preceding 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.
Wards of the parish of Barrowford
4
1
The existing wards of the parish of Barrowford shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Carr Hall, Central, Higherford and Newbridge; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Central parish ward shall be four, for each of the Carr Hall and Newbridge parish wards shall be three, and for the Higherford parish ward shall be two.
Wards of the parish of Brierfield
5
1
The existing wards of the parish of Brierfield shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names East, South and West; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the East and South parish wards shall be five and for the West parish ward shall be three.
Parish elections
6
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Barley-With-Wheatley Booth, Blacko, Goldshaw Booth and Roughlee Booth shall be three years.
2
The ordinary elections of parish councillors for the parishes of Higham-With-West Close Booth and Old Laund Booth in 2002 shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
3
Elections of all parish councillors for the parishes of Barley-With-Wheatley Booth, Blacko, Foulridge, Goldshaw Booth, Higham-With-West Close Booth, Old Laund Booth and Roughlee Booth shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
4
The term of office of any parish councillor to whom paragraph (3) of this article applies shall be four years; all parish 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.
5
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Higham-With-West Close Booth and Old Laund Booth as if the reference in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
7
The District of Pendle (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 5) Regulations 2001 and shall come into force on 30th September 2001.
Amendment of the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001
2
1
The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001 shall be amended as follows.
2
In regulation 3(1), for the words “until 1st October 2001” there shall be substituted the words “until 31st October 2001”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
27th September 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the National Health Service (Pharmaceutical Services) and (Misuse of Drugs) (Electronic Communications) Order 2001 and shall come into force on 11th September 2001:
2
This Order extends to England only .
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
2
1
The National Health Service (Pharmaceutical Services) Regulations 1992 are amended as follows.
2
In regulation 2(1) (interpretation) —
a
in the appropriate alphabetical position, insert —
“the 2000 Act ” means the Electronic Communications Act 2000;
,
“electronic communication” has the same meaning as in section 15 of the 2000 Act;
,
“electronic signature” has the same meaning as in section 7 of the 2000 Act;
;
b
in the definition of “prescription form” , after “means” insert “, subject to regulation 2A,”.
3
After regulation 2, insert —
2A
1
In these Regulations, where the conditions set out in paragraph (2) are met —
a
the term “prescription form” includes data that —
i
are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication;
ii
are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner;
iii
are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or
iv
are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink;
b
any reference to presentation of a prescription form includes transmission of data created in an electronic form as an electronic communication.
2
The conditions are —
a
that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services or personal medical services;
b
that the order is not for an oxygen concentrator; and
c
that the Secretary of State is satisfied that —
i
the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and
ii
the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme.
.
3
In regulation 20(8) (arrangements for provision of pharmaceutical services by doctors) , after “issuing”, insert “a prescription form by electronic means or by issuing”.
4
1
Part II of Schedule 2 (terms of service for chemists) is amended as follows.
2
In sub-paragraph (1C) of paragraph 3 —
a
in paragraph (a), omit the words “on the prescription form”; and
b
in paragraph (b), for “the prescription form”, substitute “the form on which the declaration is made”.
3
In sub-paragraph (2)(a) of paragraph 5, for “who presents a prescription”, substitute “named on a prescription form”.
5
In Part III of Schedule 2 (terms of service for doctors who provide pharmaceutical services), in paragraph 11B —
a
in paragraph (a), omit the words “on the prescription form”; and
b
in paragraph (b), for “the prescription form”, substitute “the form on which the declaration is made”.
Amendment of the Misuse of Drugs Regulation 1985
6
1
The Misuse of Drugs Regulations 1985 are amended as follows.
2
In regulation 16(2), for “paragraph (3)” substitute “paragraphs (2A) and (3)”.
3
After regulation 16(2), insert —
2A
A person supplying temazepam on prescription in accordance with a prescription form of a kind specified in regulation 2A(1)(a)(i) of the National Health Service (Pharmaceutical Services) Regulations 1992 shall, at the time of the supply, enter on the form by electronic means the date on which the drug is supplied.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
20th August 2001


text:
Citation, and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 6) Order 2001.
Provisions coming into force on 1st May 2001
2
Section 3 of the Transport Act 2000 shall come into force on 1st May 2001.
Provisions coming into force on 1st July 2001
3
Section 265 of the Transport Act 2000 shall come into force on 1st July 2001.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill,
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
9th April 2001


text:
1
1
This Order may be cited as the A43 Trunk Road (M1 Junction 15A Enhancement) Order 2001 and shall come into force on the 20th April 2001.
2
In this Order all measurements of distance are measured along the routes of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 65/30/04, marked “The A43 Trunk Road (M1 Junction 15A Enhancement) Order 2000”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W.S.C. Wadrup
A Divisional Director in the Highways Agency
20th March, 2001


text:
1
This Order may be cited as the Rowley Regis College (Dissolution) Order 2001 and shall come into force on 1st August 2001.
2
On 1st August 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Dudley College of Technology, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2001;
c
to the transferor were to the corporation; and
d
to the corporation were to Dudley College of Technology.
Tessa Blackstone
Minister of State,
Department for Education and Employment
23rd April 2001