type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Newcastle City Health and the Northumberland Mental Health National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Newcastle City Health National Health Service Trust established by the Newcastle City Health National Health Service (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Northumberland Mental Health National Health Service Trust established by the Northumberland Mental Health National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
28th January 2001


text:
1
These Regulations may be cited as the European Communities (Lawyer’s Practice) (Amendment) Regulations 2001 and shall come into force on 6th April 2001.
2
1
In regulation 2(1) of the European Communities (Lawyer’s Practice) Regulations 2000 , after the definition of “Irish solicitor” there shall be inserted the following definitions —
“limited liability partnership” has the meaning given by section 1(2) of the Limited Liability Partnerships Act 2000 ;
“member of a limited liability partnership” shall be construed in accordance with section 4 of the Limited Liability Partnerships Act 2000;
.
2
In paragraph 24 of Schedule 4 to the European Communities (Lawyer’s Practice) Regulations 2000 for the words “paragraph 21(b) shall apply to a director” there shall be substituted the words “paragraph 21(1)(b) shall apply to a director or to a member of a limited liability partnership”.
Irvine of Lairg, C.
1st March 2001


text:
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes Constituted in Other EEA States) Regulations 2001 and come into force on the day on which section 19 of the Act comes into force.
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“the UCITS Directive” means the Council Directive of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities ( No. 85/611/ EEC ) .
3
The requirements prescribed for the purposes of section 264 of the Act are that a collective investment scheme is one which, in accordance with the UCITS Directive, is an undertaking for collective investment in transferable securities subject to that Directive (“the undertaking”).
4
The notice to be given to the Authority under section 264(1) of the Act must contain or be accompanied by —
a
the undertaking’s fund rules or instrument of incorporation;
b
its prospectus; and
c
where appropriate, its latest annual report and any subsequent half-yearly report.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
4th July 2001


text:
1
1
These Rules may be cited as the Local Elections (Principal Areas) (Amendment) Rules 2001.
2
These Rules shall come into force on 16th February 2001 except for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that date.
3
Rule 5(3) of the Local Elections (Principal Areas) (Amendment) Rules 1998 is hereby revoked.
4
These Rules do not extend to Scotland or Northern Ireland.
2
The rules in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 shall be amended as follows.
3
For rule 4(3) (nomination of candidates) substitute:
3
The description (if any) must consist of either —
a
a description (of not more than six words in length) which is authorised as mentioned in rule 4A(1) below ; or
b
the word “Independent”.
.
4
1
Rule 4A (nomination papers: name of registered political party) is amended as follows.
2
In paragraph (1), after “unless” insert “the party is a qualifying party in relation to the electoral area and”.
3
For paragraph (3) substitute:
3
For the purposes of the application of this rule in relation to an election —
a
“registered political party” means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 1 above (“the relevant time”);
b
a registered political party is a qualifying party in relation to an electoral area if the electoral area is in England or Wales and the party was at the relevant time registered in respect of that part of Great Britain in the Great Britain register maintained under that Part of that Act.
.
5
For rule 5(7) (subscription of nomination paper) substitute:
7
In this rule “elector” —
a
means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election; and
b
includes a person then shown in the register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.
.
6
In rule 17(1)(a) (use of schools and public rooms) omit “, a grant-maintained school”.
7
For rule 19 (postal ballot papers) substitute:
19
The returning officer shall, in accordance with regulations made under the Representation of the People Act 1983, issue to those entitled to vote by post a postal ballot paper and a declaration of identity in the forms set out in the Appendix, or forms to the like effect, together with such envelopes for their return (whether free of charge or otherwise) as may be prescribed by such regulations.
.
8
1
Rule 23 (equipment of polling stations) is amended as follows.
2
After paragraph (3) insert:
3A
The returning officer shall also provide each polling station with —
a
at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially sighted; and
b
a device of such description as is set out in paragraphs (6) to (11) below for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 33(1)).
.
3
After paragraph (5) insert:
6
The device referred to in paragraph (3A)(b) above must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.
7
On the right-hand side of the device there shall be tabs of equal size which satisfy the conditions in paragraphs (8) to (11) below.
8
The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces to the right of the particulars of the candidates on which the vote is to be marked (“the relevant space”).
9
Each tab shall be numbered so that, when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the left of the relevant space covered by the tab in question.
10
Each number on the tab shall be in raised form so that it can be clearly identified by touch.
11
Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.
.
9
In rule 26(1)(e) (admission to polling station) for “blind voters” substitute “voters with disabilities”.
10
For rule 33 (voting by blind persons) substitute:
Voting by persons with disabilities
33
1
If a voter makes an application to the presiding officer to be allowed, on the ground of —
a
blindness or other physical incapacity, or
b
inability to read,
to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
2
If the presiding officer —
a
is satisfied that the voter is so incapacitated, and
b
is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion —
i
is a qualified person within the meaning of these Rules; and
ii
has not previously assisted more than one voter with disabilities to vote at the election,
the presiding officer shall grant the application, and then anything which is by these rules required to be done to, or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.
3
For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person shall be qualified to assist a voter with disabilities to vote if that person —
a
is a person who is entitled to vote as an elector at the election; or
b
is the father, mother, brother, sister, husband, wife, son or daughter of the voter and has attained the age of 18 years.
4
The name and number in the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).
In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.
5
The declaration made by the companion —
a
shall be in the form in the Appendix; and
b
shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.
6
No fee or other payment shall be charged in respect of the declaration.
.
11
In rule 37(1)(f) (procedure on close of poll) for “blind voters” (wherever occurring) substitute “voters with disabilities”.
12
For rule 39(3) (validity of postal ballot papers) substitute:
3
A postal ballot paper shall not be taken to duly returned unless —
a
it is returned in the manner set out in paragraph (3A) below and reaches the returning officer or any polling station in the electoral area in question before the close of the poll; and
b
the declaration of identity, duly signed and authenticated, is also returned in the manner set out in paragraph (3A) below and reaches him or such a polling station before that time.
3A
The manner in which any postal ballot paper or declaration of identity may be returned —
a
to the returning officer, is by hand or by post;
b
to a polling station, is by hand.
.
13
In rule 46(1)(c) (delivery of documents) for “blind voters” (wherever occurring) substitute “voters with disabilities”.
14
In the Appendix of forms, in the form of nomination paper —
a
omit note 3, and
b
in note 5, omit “or electors lists”.
15
In that Appendix, in the form of declaration to be made by the companion of a blind voter —
a
for “blind person” or “blind voter” (wherever occurring) substitute “voter with disabilities”; and
b
after the note at the end of the form (which shall become note 1), insert —
2
A voter with disabilities is a voter who has made a declaration under the local elections rules that he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.
.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
15th January 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Education Authority (Behaviour Support Plans) (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations apply only in relation to England.
Amendment of Regulations
2
The Local Education Authority (Behaviour Support Plans) Regulations 1998 shall be amended as follows —
a
in regulation 2 (Interpretation) the definition of “Training and Enterprise Council” shall be deleted;
b
in regulation 3 (Consultation) —
i
for paragraph (2)(m) there shall be substituted —
m
the local learning and skills council (as defined in section 19 of the Learning and Skills Act 2000 ) which carries out functions on behalf of the Learning and Skills Council for England in the authority’s area;
ii
in paragraph (2)(n) for the words “clerk to the justices” there shall be substituted the words “justices' chief executive”; and
iii
paragraph (5) shall be deleted.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
6th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Channel Tunnel (International Arrangements) (Amendment No. 4) Order 2001 and shall come into force on 10th December 2001.
2
In this Order —
a
“the principal Order ” means the Channel Tunnel (International Arrangements) Order 1993 ;
b
a reference to an article or a Schedule is to an article of or Schedule to the principal Order.
Amendment of the Channel Tunnel (International Arrangements) Order 1993
2
The principal Order shall be amended as follows.
3
1
In article 3(3), after “provide” insert “free of charge”.
2
For article 3A(3) substitute —
For the purpose of enabling the authorities of the French Republic to make use in the United Kingdom of the accommodation, installations and equipment necessary for the performance of their functions under the supplementary articles, the Secretary of State for the Home Department may by written notice require any occupier or person concerned with the management of a terminal control point to provide free of charge such accommodation, installations and equipment as may be necessary to satisfy requirements determined by the authorities of the French Republic in consultation with the authorities of the United Kingdom.
.
4
After article 4(1B) insert —
1C
The Race Relations Act 1976 shall apply to the carrying out by immigration officers of their functions in a control zone or a supplementary control zone outside the United Kingdom as it applies to the carrying out of their functions within the United Kingdom.
.
5
1
In Schedule 1 , for the definition of “supplementary control zone” substitute the following definition —
The part of the territory of the State of departure, determined by mutual agreement between the Governments of the State of departure and the State of arrival, within which the officers of the State of arrival are empowered to effect controls under the supplementary articles.
2
In Schedule 1, insert the following definitions —
“State of arrival” The meaning given by the supplementary articles. “State of departure” The meaning given by the supplementary articles
.
6
1
In Schedule 4, paragraph 1(11)(e) and (ea) , for each occurrence of the words “further examination after arrival” substitute “further examination before or after arrival”.
7
In Schedule 4, after paragraph 4 insert —
The Immigration (European Economic Area) Regulations 2000
5
In the Immigration (European Economic Area) Regulations 2000 —
a
after regulation 12(2) insert —
3
Any passport, identity card, family permit, residence document or document proving family membership which is required to be produced under this regulation as a condition for admission to the United Kingdom (“the required documents'') may, for the same purpose, be required to be produced in a control zone or a supplementary control zone.
;
b
in regulations 21(2) after the word “arrival”, in regulation 22(3) after the words “ EEA national”, and in regulation 22(4) after the words “United Kingdom”, insert “or the time of his production of the required documents in a control zone or a supplementary control zone”.
.
Jeff Rooker
Minister of State
Home Office
17th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Darlington (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Darlington;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
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 Darlington (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Darlington
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four 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 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 Darlington
3
1
The ordinary elections of all councillors of the borough of Darlington shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of any councillor so elected shall be four years and on the fourth day after any such elections the persons who were councillors immediately before those elections shall retire and the newly elected councillors shall come in to office.
Wards of the parish of Archdeacon Newton
4
The parish of Archdeacon Newton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Whessoe
5
The parish of Whessoe shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
6
The Borough of Darlington (Electoral Arrangements) Order 1976 and article 9 of the Durham (Borough of Darlington) (Structural Changes) Order 1995 are 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
4th October 2001


text:
1
This Order may be cited as the Electricity Act 1989 (Requirement of Consent for Offshore Wind and Water Driven Generating Stations) (England and Wales) Order 2001, shall extend to England and Wales only and shall come into force on 1st December 2001.
2
1
In the case of generating stations which are wholly or mainly driven by wind or water and are situated in waters within or adjacent to England and Wales (provided that the waters are not within an area in which development requires planning permission under the Town and Country Planning Act 1990 ) up to the seaward limits of the territorial sea, section 36(2) of the Electricity Act 1989 shall have effect as if, for the permitted capacity of 50 megawatts mentioned therein, there were substituted the capacity of one megawatt.
2
In this article the expressions “development” and “planning permission” bear the same meanings as in the Town and Country Planning Act 1990.
Patricia Hewitt
Secretary of State for Trade and Industry,
Department of Trade and Industry
7th November 2001


text:
Citation and commencement
1
This Order may be cited as the County Court Fees (Amendment) Order 2001 and shall come into force on 1st June 2001.
Interpretation
2
In this Order —
a
“the 1999 Fees Order ” means the County Court Fees Order 1999 ;
b
a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the 1999 Fees Order.
Amendments to the 1999 Fees Order
3
For columns 1 and 2 in fee 4.10 (including the note beginning with the words “Fee 4.10 is payable” and ending with the words “warrant of execution.”), there shall be substituted —
Column 1 Column 2 Number and description of fee Amount of fee
4.10
On a request for an order to recover —
an increased penalty charge provided for in a charge certificate issued under paragraph 6 of Schedule 6 to the Road Traffic Act 1991 or paragraph 8 of Schedule 1 to the London Local Authorities Act 1996 ; or
amounts payable by a person other than a local authority under an adjudication of a parking adjudicator pursuant to section 73 of the Road Traffic Act 1991 ; or
a fixed penalty payable under a fixed penalty notice issued under regulation 5 of the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 .
No fee is payable on a request to issue a warrant of execution to enforce any such order.
£5
Irvine of Lairg, C.
Dated 30th March 2001
We concur,
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 4th April 2001


text:
1
This Order may be cited as the Brooke House Sixth Form College (Incorporation) Order 2001 and shall come into force on 15th October 2001 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Brooke House Sixth Form College”, for the purpose of establishing and conducting as from the operative date an educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 2nd September 2002, and the corporation shall conduct Brooke House Sixth Form College from that date.
Margaret Hodge
Minister of State,
Department for Education and Skills
21st September 2001


text:
1
This Order may be cited as The A417 Trunk Road (Cirencester Bypass–Hare Bushes Service Area) (Detrunking) Order 2001 and shall come into force on 7th June 2001.
2
In this Order —
i
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A417 trunk road.
3
From the date when this Order comes into force the length of trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as principal road.
Signed by authority of the Secretary of State, for the Environment, Transport and the Regions
David Ward
Divisional Director, Project Services, Highways Agency
23rd May 2001


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) Order 2001 and shall come into force on 5th July 2001.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where part of HMS Colossus lies wrecked on the seabed at Latitude 49° 55' . 471 North, Longitude 006° 20' . 505 West.
2
The area within a distance of 300 metres of Latitude 49° 55' . 471 North, Longitude 006° 20' . 505 West, but excluding any part of that area which lies above high water mark of ordinary spring tides, shall be restricted area for the purposes of the Protection of Wrecks Act 1973.
Tessa Blackstone
Minister of State,
Department for Culture, Media and Sport
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderdale and Huddersfield National Health Service Trust (Establishment) Order 2001 and shall come into force on 12th March 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 12th March 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Calderdale and Huddersfield National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Calderdale and Huddersfield National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:
i
The Calderdale Royal Hospital, Salterhebble, Halifax HX3 0PW;
ii
Holme Valley Memorial Hospital, Huddersfield Road, Holmfirth HD3 3TS;
iii
Huddersfield Royal Infirmary, Acre Street, Lindley, Huddersfield HD3 3EA;
iv
Princess Royal Community Health Centre, Greenhead Road, Huddersfield HD1 4EW;
v
St Luke’s Hospital, Blackmoorfoot Road, Crosland Moor, Huddersfield HD4 5RQ,
and at or from associated hospitals, establishments or facilities in the area of Calderdale and Huddersfield.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Calderdale and Kirklees Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
1st March 2001


text:
Citation and Commencement
1
This order shall be cited as the North Southwark Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“North Southwark Education Action Zone” means the Education Action Zone established by the North Southwark Education Action Zone Order 1998 .
Extension of the North Southwark Education Action Zone Order 1998
3
The North Southwark Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the North Southwark Education Action Zone Order 1998
4
There shall be inserted after article 9 of the North Southwark 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 to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(a), (b), (c), (d), (e), (f), (g), (h), (j) or (k), if that person no longer appears to represent the interests of either head teachers of the zone schools; staff at zone schools; parents of children of compulsory school age at zone schools; the voluntary, community and charitable sectors in the area served by the zone schools; the police and youth justice system; the careers service in the area served by the zone schools; the Social Services Department of the Council of the London Borough of Southwark; or arts organisations or education and business partnership in the area served by the zone schools, as the case may be;
e
in the case of a member appointed pursuant to article 5(d), if that person no longer is a member of the Council of the London Borough of Southwark; and
f
in the case of a member appointed pursuant to article 5(l), if that person no longer appears to the Forum to be able to further the objects of the zone.
5
1
The North Southwark Education Action Zone Order 1998 is varied as follows:
2
In schedule 1 the words “Optimum Health Services National Health Service Trust” and “Capstan Limited” are deleted, and the words “WS Atkins Education”, “Community Health South London NHS Trust”, “The Children’s Society”, and “Shakespeare’s Globe” are inserted.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wokingham Primary Care Trust (Establishment) Order 2001 and shall come into force on 20th 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 Wokingham 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 Wokingham 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 Berkshire 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 Berkshire 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 West Berkshire Priority Care Service 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
8th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2001 and shall come into force —
a
for the purposes of this regulation and regulations 2, 4 and 5(c), on 26th March 2001;
b
for all other purposes, on 1st April 2001.
2
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Common amendments
2
In regulation 2(1) of each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and the Income Support Regulations and in regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation) —
a
in paragraph (b) of the definition of “self-employment route” , for the words “an employment zone programme” there shall be substituted the following —
—
i
an employment zone programme;
ii
a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, the Scottish Enterprise or Highlands and Islands Enterprise
;
b
in the definition of “training allowance” —
i
at the end of paragraph (a), there shall be added the words “, the Learning and Skills Council for England or the National Assembly for Wales”;
ii
at the end of paragraph (c), there shall be added the words “or the National Assembly for Wales”.
Other consequential amendments relating to students
3
1
In each of the provisions specified in paragraph (2) below —
a
the definition of “the FEFC ” shall be omitted;
b
in the definition of “full-time course of study” —
i
in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales ”;
ii
for paragraph (b) there shall be substituted the following paragraph —
b
a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
.
2
The provisions specified for the purposes of paragraph (1) above are —
a
regulation 38(1) of the Council Tax Benefit Regulations;
b
regulation 46(1) of the Housing Benefit Regulations;
c
regulation 61(1) of the Income Support Regulations.
3
In the definition of “full-time course of advanced education” in regulation 61(1) of the Income Support Regulations —
a
in paragraph (a), for the words “the FEFC” there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales”;
b
for paragraph (b) there shall be substituted the following paragraph —
b
a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
.
Other amendment to the Income Support Regulations and to the Jobseeker’s Allowance Regulations
4
In both paragraph 28 of Schedule 1B to the Income Support Regulations (prescribed categories of person) and paragraph 16 of Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)), for the words “provided in England and Wales, directly or indirectly by a Training or Enterprise Council pursuant to its arrangement with the Secretary of State (whether that arrangement is known as an Operating Arrangement or by any other name)” there shall be substituted the words “secured by the Learning and Skills Council for England or by the National Council for Education and Training for Wales”.
Other amendments to the Jobseeker’s Allowance Regulations
5
In the Jobseeker’s Allowance Regulations —
a
in regulation 57(1) (interpretation of Part IV: young persons), after the definition of “chronically sick or mentally or physically disabled” there shall be inserted the following definition —
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;
;
b
in both regulation 61(1)(d) and (e) (other young persons in prescribed circumstances) and regulation 62 (registration), after the words “the Careers Service”, in each place where those words occur, there shall be inserted the words “or the Connexions Service”;
c
in the definition of “training” in regulation 57(1) and in both regulations 75(1)(b)(i) (interpretation of Part V: sanctions) and 170(2) (persons in receipt of a training allowance), for the words from “provided in England” to “in Scotland” there shall be substituted the words “secured by the Learning and Skills Council for England or by the National Council for Education and Training for Wales and, in Scotland, provided”.
Amendment of the Social Security (Work-focused Interviews) Regulations 2000
6
In the Social Security (Work-focused Interviews) Regulations 2000 —
a
in regulation 2(1) (interpretation), after the definition of “the Careers Service” there shall be inserted the following definition —
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;
;
b
at the end of regulation 4(6) (persons required to take part in an interview), there shall be added the words “or with an officer of the Connexions Service”;
c
in regulation 11(3) (taking part in an interview), after the words “the Careers Service” there shall be inserted the words “or with the Connexions Service”.
Signed in relation to regulation 5 of these Regulations by authorityof the Secretary of State for Education and Employment.
Tessa Jowell
Minister of State,
Department for Education and Employment
2nd March 2001
Signed in relation to the remainder of these Regulations by authorityof the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No.11) Regulations 2001; they extend to England and come into force on 5th November 2001.
2
These Regulations shall apply until midnight on 31st December 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC as amended by Commission Decision 2001/763/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of the Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Import and dispatch of live animals
4
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Dispatch of fresh meat, minced meat and meat preparations
5
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from approved cutting plants under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the meat must bear the health mark in accordance with Chapter XI of Annex 1 to Council Directive 64/433/EEC (on health problems affecting the productions and marketing of meat products and certain other products of animal origin ) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, the health mark provided for in Chapter III of Annex 1 to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat ) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex 1 of Chapter VII of Council Directive 92/45/EC ;
iv
the cutting plant must be operated under strict veterinary control; and
v
the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC ;
iv
the plant must be operated under strict veterinary control; and
v
the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;
d
fresh meat, minced meat or meat preparations obtained from bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from animals reared within the areas specified for the respective category of meat in the appropriate column in the Schedule;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal is sourced during the 90 days prior to dispatch;
iii
during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the areas listed in the Schedule in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
iv
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(iii) above during the past 30 days prior to loading, or in the case of farmed game prior to on-farm slaughtering, except in the case of pigs coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;
v
the animals, or in the case of farmed game slaughtered on the farm, the carcases, must be transported under licence in writing granted by an officer of the local authority where the holding is situated, directly from the holding to an approved establishment situated in a county in England listed in the Schedule;
vi
the licence must be endorsed by a person authorized in writing by the Secretary of State to confirm that they have checked farm movement records, inspected the vehicle for cleansing and disinfection and observed the loading of the consignment;
vii
the means of transport must be cleansed and disinfected before the animals are loaded;
viii
the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that pigs, the meat of which is intended for dispatch under this paragraph, will be sent to the slaughterhouse;
ix
the animals must be slaughtered within 24 hours of arrival at the slaughterhouse separately from animals whose meat is not eligible for dispatch;
x
during inspection by the official veterinary surgeon at the slaughterhouse no evidence of clinical or post-mortem signs of foot-and-mouth disease were established;
xi
the meat derived from such animals remained in the establishment for at least 24 hours after slaughter;
xii
all fresh meat must bear the health mark in accordance with Chapter XI of Annex 1 to Council Directive 64/433/EEC or in the case of farmed game the health mark provided for in Chapter III of Annex 1 of Council Directive 91/495/EEC ;
xiii
the slaughterhouse must be operated under strict veterinary control;
xiv
in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xv
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
e
fresh meat obtained from wild game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from wild game killed within the areas specified for the respective category of meat in the appropriate column in the Schedule;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal was sourced during the 90 days prior to dispatch;
iii
the meat originates from animals killed at least 20 kilometres from areas not included in the Schedule;
iv
the carcases were transported in a means of transport which had been cleansed and disinfected to a wild game collection centre or to an approved processing house for chilling;
v
the wild game collection centre or the approved processing house must be in an area in the Schedule;
vi
during post-mortem inspection by the official veterinary surgeon the carcases were found free of lesions of foot-and-mouth disease;
vii
the meat derived from the animals remained in the establishment for at least 24 hours after the post-mortem inspection;
viii
at all stages of production the meat must have been handled in accordance with the requirements of Council Directive 92/45/EEC ;
ix
the meat must bear the health mark in accordance with Chapter VII of Annex 1 to Council Directive 92/45/EEC ;
x
the establishment must be operated under strict veterinary control;
xi
in the case where foot-and-mouth disease has been diagnosed in the establish-ment, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xii
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
f
fresh meat destined for placing on the market in Great Britain and obtained from cutting plants situated in the British Islands outside the areas listed in the Schedule under the following conditions —
i
the meat is derived from animals reared and slaughtered in Great Britain;
ii
the meat remains in the slaughterhouse for at least 24 hours after slaughter;
iii
the cutting plants processing the meat are approved by the competent authority exclusively for the production of fresh meat destined for dispatch only within the United Kingdom;
iv
all such meat shall be transported, stored and processed separately from meat eligible for dispatch and shall bear the health mark in accordance with Commission Decision 2001/304/EC (on marking and use of certain animal products in relation to Decision 2001/172/EC );
v
all meat originating in the restricted area and processed in cutting plants referred to in sub-paragraph (f)(iii) shall only be placed on the market in the restricted area;
vi
the plants must be operated under strict veterinary control.
4
Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of meat products
6
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in approved establishments which at the time of processing of meat eligible for dispatch met the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 5(3);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Council Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
7
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex 1 to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(1) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex 1 to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in approved establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products
8
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraph (2) or (3) of regulation 7;
c
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus;
d
milk products intended for human consumption produced from milk of a pH less than 7.0 and subjected to heat treatment at a temperature of at least 72°C for at least 15 seconds or an equivalent treatment;
e
milk products intended for human consumption produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during which the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in approved establishments under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 7(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the milk products must only be intended for human consumption and all milk products used in the final product will either conform to the conditions of paragraphs 3(a)(i) and (ii) above or meet the conditions of paragraph (2)(d) or (2)(e) of this regulation;
iv
the establishment shall be under strict veterinary control; and
v
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1 February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, etc.
9
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
the donor bull or boar was kept in the semen collection centre for at least three months (which may include the isolation period of at least 30 days in isolation accommodation attached to the semen collection centre) prior to the collection of the semen;
iii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iv
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease has occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
v
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
vi
the donor bull or boar showed a negative response to a test for antibodies against the foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen;
vii
prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of the storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;
viii
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
ix
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
The health certificate provided for in Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19 October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of hides and skins
10
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraphs 1(B), indents 3 and 4 of Chapter 3 of Annex 1 to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex 1 to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 13.
Dispatch of animal products
11
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex 1 to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex 1 to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex 1 to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex 1 to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex 1 to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex 1 to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 13 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex 1 to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 13.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
12
The prohibitions in regulations 6, 7, 8 and 11 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
13
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment has been audited with satisfactory results.
Third country certificates
14
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of equidae
15
1
Any person dispatching equidae shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
A veterinary inspector shall only issue a certificate referred to in paragraph (1) if —
a
he is satisfied that the animal has not come from a holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983 :
b
he has inspected the animal and is satisfied that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected to his satisfaction; and
c
the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983.
3
The health certificate accompanying equidae exported to another member State in accordance with the provisions of this article shall bear the following words —
Equidae conforming to Commission Decision 2001/356/EC of 4 May 2001, concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Council Directive 90/426/EEC .
Offers to dispatch or export
16
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
17
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
18
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
19
1
Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Fees
20
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out for the purposes of establishing the eligibility for dispatch of products under these Regulations a reasonable fee in respect of costs reasonably incurred.
Obstruction
21
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
22
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
23
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
24
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 16 or regulation 21(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, approvals, etc. issued in another part of the British Islands
25
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
26
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
27
The Import and Export Restrictions (Foot-and-Mouth Disease) ( No. 10) Regulations 2001 and the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) (Fees) Regulations 2001 are revoked.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
5th November 20013.55 p.m.


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st October 2001.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 46 (Seat belt anchorage points)
3
For regulation 46 there shall be substituted the regulation set out in the Schedule to these Regulations.
Amendment of regulation 47 (Seat belts)
4
1
Regulation 47 shall be amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (c) for the words “regulation 46(4)(a)(ii) or (iii)” there shall be substituted “item 9 or 10 of the Table in regulation 46(3)”;
b
in sub-paragraph (d) for the words “regulation 46(4)(a)(i)(B)” there shall be substituted “item 3 of the Table in regulation 46(3)”;
c
in sub-paragraph (e) for the words “regulation 46(4A)(b)” there shall be substituted “item 6 of the Table in regulation 46(3)”; and
d
at the end of sub-paragraph (e) there shall be inserted
;
f
item 5 of the Table in regulation 46(3) applies shall be fitted —
i
as respects the driver’s seat with a three-point belt or a lap belt; and
ii
as respects every other forward-facing front seat with a three-point belt, a lap belt installed in accordance with paragraph 3.1.2.1 of Annex I to Community Directive 77/541 or a disabled person’s belt;
g
item 7 of the Table in regulation 46(3) applies shall be fitted, as respects every forward-facing seat, with —
i
an inertia reel belt;
ii
a retractable lap belt installed in compliance with paragraph 3.1.10 of Annex I to Community Directive 96/36 or 2000/3;
iii
a disabled person’s belt; or
iv
a child restraint;
h
item 7 of the Table in regulation 46(3) applies shall be fitted, as respects every rearward-facing seat, with —
i
an inertia reel belt;
ii
a retractable lap belt;
iii
a disabled person’s belt; or
iv
a child restraint;
i
item 8 of the Table in regulation 46(3), as respects every forward-facing seat, with —
i
an inertia reel belt;
ii
a disabled person’s belt; or
iii
a child restraint;
j
item 8 of the Table in regulation 46(3), as respects every rearward-facing seat, with —
i
an inertia reel belt;
ii
a retractable lap belt;
iii
a disabled person’s belt; or
iv
a child restraint.
3
In paragraph (3) for the words “paragraph (2)(b), (c), (d) or (e)” there shall be substituted “any of paragraphs (2)(b) to (j)” and from “or 82/319 to 96/36” there shall be substituted “, 82/319, 90/628, 96/36 or 2000/3”.
4
In paragraph (4) —
a
in sub-paragraph (a) for the words “section 16 of the 1971 Act” there shall be substituted “section 11 of the Vehicle Excise and Registration Act 1994 ”; and
b
in sub-paragraph (e) for the words “regulation 46(4A)(a)” there shall be substituted “item 4 of the Table in regulation 46(3)”.
5
After subparagraph (4), the following subparagraph shall be inserted —
4A
Vehicles constructed or adapted for the secure transport of prisoners shall not be required to comply with the requirements of paragraph (2) in relation to seats for persons other than the driver and any front seat passenger provided that those seats shall have seat belt anchorage points provided for them in accordance with regulation 46.
6
In paragraph (5) after the words “disabled person’s belt” there shall be inserted “first fitted before 1st October 2001”.
7
In paragraph (7), after subparagraph (a) there shall be inserted —
; or
with an EC Component Type-Approval Mark complying with Annex III to Community Directive 2000/3
.
8
In paragraph (8) after the definition of “lap belt” the following definition shall be inserted —
“retractable lap belt” means a lap belt with either an automatically locking retractor (as defined in paragraph 1.8.3 of Annex I to Community Directive 77/541) or an emergency locking retractor (as defined in paragraph 1.8.4 of Annex I to Community Directive 77/541).
Amendment of regulation 48 (Maintenance of seat belts and anchorage points)
5
1
Regulation 48 shall be amended as follows.
2
In paragraph (1) for “regulation 46(4A)(a)” there shall be substituted “regulation 46(3) and item 4 in the Table in that regulation”.
Amendment of regulation 48A (Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances)
6
1
Regulation 48A shall be amended as follows.
2
After paragraph (3) there shall be inserted —
3A
For the purposes of this regulation a rearward-facing seat shall be treated as a forward-facing seat which meets the requirements of this regulation if the coach or minibus concerned was first used on or after 1st October 2001, and the rearward-facing seat complies with the requirements of regulations 46 and 47.
Amendment of Schedule 2 (Table I Community Directives)
7
In column 2 of item 59 in Table I in Schedule 2 for “90/269” there shall be substituted “90/629”.
Amendment of Schedule 2 (Table II ECE Regulations)
8
After the entry for item 6A in Table II in Schedule 2 there shall be inserted the following entries —
6B 14.03 14 30.1.70 Anchorages for seat belts 29.1.92 — — 6C 14.04 14 30.1.70 Anchorages for seat belts 18.1.98 — — 6D 14.05 14 30.1.70 Anchorages for seat belts 4.2.99 — —
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th March 2001


text:
1
This Order may be cited as the Finance Act 2001 (Commencement No. 2 and Saving Provision) Order 2001.
2
Schedule 3 to the Finance Act 2001 comes into force on 1st November 2001.
3
The provision made by paragraph 20 of Schedule 3 to the Finance Act 2001 shall not prejudice a person’s right to be paid interest for a period before 1st November 2001 where that right accrues on or after that date in relation to a payment that he made before that date.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
2nd October 2001