text:
Citation and commencement
1
These Regulations may be cited as the Misuse of Drugs Regulations 2001 and shall come into force on 1st February 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Misuse of Drugs Act 1971;
“authorised as a member of a group” means authorised by virtue of being a member of a class as respects which the Secretary of State has granted an authority under and for the purposes of regulation 8(3), 9(3) or 10(3) which is in force, and “his group authority”, in relation to a person who is a member of such a class, means the authority so granted to that class;
“document” has the same meaning as in Part I of the Civil Evidence Act 1968
“exempt product” means a preparation or other product consisting of one or more component parts, any of which contains a controlled drug, where —
the preparation or other product is not designed for administration of the controlled drug to a human being or animal;
the controlled drug in any component part is packaged in such a form, or in combination with other active or inert substances in such a manner, that it cannot be recovered by readily applicable means or in a yield which constitutes a risk to health; and
no one component part of the product or preparation contains more than one milligram of the controlled drug or one microgram in the case of lysergide or any other N -alkyl derivative of lysergamide;
“health prescription” means a prescription issued by a doctor or a dentist under the National Health Service Act 1977 , the National Health Service (Scotland) Act 1978 , the Health and Personal Social Services (Northern Ireland) Order 1972 or the National Health Service (Isle of Man) Acts 1948 to 1979 (Acts of Tynwald) or upon a form issued by a local authority for use in connection with the health service of that authority;
“installation manager” and “offshore installation” have the same meanings as in the Mineral Workings (Offshore Installations) Act 1971 ;
“master” and “seamen” have the same meanings as in the Merchant Shipping Act 1995 ;
“medicinal product” has the same meaning as in the Medicines Act 1968 ;
“officer of customs and excise” means an officer within the meaning of the Customs and Excise Management Act 1979 ;
“prescription” means a prescription issued by a doctor for the medical treatment of a single individual, by a dentist for the dental treatment of a single individual or by a veterinary surgeon or veterinary practitioner for the purposes of animal treatment;
“register” means a bound book and does not include any form of loose leaf register or card index;
“registered pharmacy” has the same meaning as in the Medicines Act 1968;
“retail dealer” means a person lawfully conducting a retail pharmacy business or a pharmacist engaged in supplying drugs to the public at a health centre within the meaning of the Medicines Act 1968;
“sister or acting sister” includes any male nurse occupying a similar position;
“wholesale dealer” means a person who carries on the business of selling drugs to persons who buy to sell again.
2
In these Regulations any reference to a regulation or schedule shall be construed as a reference to a regulation contained in these Regulations or, as the case may be, to a schedule to these Regulations, and any reference in a regulation or schedule to a paragraph shall be construed as a reference to a paragraph of that regulation or schedule.
3
Nothing in these Regulations shall be construed as derogating from any power or immunity of the Crown, its servants or agents.
Specification of controlled drugs for purposes of Regulations
3
Schedules 1 to 5 shall have effect for the purpose of specifying the controlled drugs to which certain provisions of these Regulations apply.
Exceptions for drugs in Schedules 4 and 5 and poppy-straw
4
1
Section 3(1) of the Act (which prohibits the importation and exportation of controlled drugs) shall not have effect in relation to the drugs specified in Schedule 5.
2
The application of section 3(1) of the Act, in so far as it creates an offence, and the application of sections 50(1) to (4), 68(2) and (3) or 170 of the Customs and Excise Management Act 1979, in so far as they apply in relation to a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Act, are hereby excluded in the case of importation or exportation by any person for administration to himself of any drug specified in Part II of Schedule 4 which is contained in a medicinal product.
3
Section 5(1) of the Act (which prohibits the possession of controlled drugs) shall not have effect in relation to —
a
any drug specified in Part II of Schedule 4 which is contained in a medicinal product;
b
the drugs specified in Schedule 5.
4
Sections 4(1) (which prohibits the production and supply of controlled drugs) and 5(1) of the Act shall not have effect in relation to poppy-straw.
5
Sections 3(1), 4(1) and 5(1) of the Act shall not have effect in relation to any exempt product.
Licences to produce etc. controlled drugs
5
Where any person is authorised by a licence of the Secretary of State issued under this regulation and for the time being in force to produce, supply, offer to supply or have in his possession any controlled drug, it shall not by virtue of section 4(1) or 5(1) of the Act be unlawful for that person to produce, supply, offer to supply or have in his possession that drug in accordance with the terms of the licence and in compliance with any conditions attached to the licence.
General authority to supply and possess
6
1
Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a controlled drug may supply that drug to the person from whom he obtained it.
2
Notwithstanding the provisions of section 4(1)(b) of the Act, any person who has in his possession a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a practitioner for the treatment of that person, or of a person whom he represents, may supply that drug to any doctor, dentist or pharmacist for the purpose of destruction.
3
Notwithstanding the provisions of section 4(1)(b) of the Act, any person who is lawfully in possession of a drug specified in Schedule 2, 3, 4 or 5 which has been supplied by or on the prescription of a veterinary practitioner or veterinary surgeon for the treatment of animals may supply that drug to any veterinary practitioner, veterinary surgeon or pharmacist for the purpose of destruction.
4
It shall not by virtue of section 4(1)(b) or 5(1) of the Act be unlawful for any person in respect of whom a licence has been granted and is in force under section 16(1) of the Wildlife and Countryside Act 1981 to supply, offer to supply or have in his possession any drug specified in Schedule 2 or 3 for the purposes for which that licence was granted.
5
Notwithstanding the provisions of section 4(1)(b) of the Act, any of the persons specified in paragraph (7) may supply any controlled drug to any person who may lawfully have that drug in his possession.
6
Notwithstanding the provisions of section 5(1) of the Act, any of the persons so specified may have any controlled drug in his possession.
7
The persons referred to in paragraphs (5) and (6) are
a
a constable when acting in the course of his duty as such;
b
a person engaged in the business of a carrier when acting in the course of that business;
c
a person engaged in the business of the Post Office when acting in the course of that business;
d
an officer of customs and excise when acting in the course of his duty as such;
e
a person engaged in the work of any laboratory to which the drug has been sent for forensic examination when acting in the course of his duty as a person so engaged;
f
a person engaged in conveying the drug to a person who may lawfully have that drug in his possession.
Administration of drugs in Schedules 2, 3, 4 and 5
7
1
Any person may administer to another any drug specified in Schedule 5.
2
A doctor or dentist may administer to a patient any drug specified in Schedule 2, 3 or 4.
3
Any person other than a doctor or dentist may administer to a patient, in accordance with the directions of a doctor or dentist, any drug specified in Schedule 2, 3 or 4.
Production and supply of drugs in Schedules 2 and 5
8
1
Notwithstanding the provisions of section 4(1)(a) of the Act —
a
a practitioner or pharmacist, acting in his capacity as such, may manufacture or compound any drug specified in Schedule 2 or 5;
b
a person lawfully conducting a retail pharmacy business and acting in his capacity as such may, at the registered pharmacy at which he carries on that business, manufacture or compound any drug specified in Schedule 2 or 5.
2
Notwithstanding the provisions of section 4(1)(b) of the Act, any of the following persons, that is to say —
a
a practitioner;
b
a pharmacist;
c
a person lawfully conducting a retail pharmacy business;
d
the person in charge or acting person in charge of a hospital or nursing home which is wholly or mainly maintained by a public authority out of public funds or by a charity or by voluntary subscriptions;
e
in the case of such a drug supplied to her by a person responsible for the dispensing and supply of medicines at the hospital or nursing home, the sister or acting sister for the time being in charge of a ward, theatre or other department in such a hospital or nursing home as aforesaid;
f
a person who is in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research and which is attached to a university, university college or such a hospital as aforesaid or to any other institution approved for the purpose under this sub-paragraph by the Secretary of State;
g
a public analyst appointed under section 27 of the Food Safety Act 1990 ;
h
a sampling officer within the meaning of Schedule 3 to the Medicines Act 1968;
i
a person employed or engaged in connection with a scheme for testing the quality or amount of the drugs, preparations and appliances supplied under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and the regulations made thereunder;
j
a person authorised by the Pharmaceutical Society of Great Britain for the purposes of section 108 or 109 of the Medicines Act 1968,
may, when acting in his capacity as such, supply or offer to supply any drug specified in Schedule 2 or 5 to any person who may lawfully have that drug in his possession, except that nothing in this paragraph authorises —
i
the person in charge or acting person in charge of a hospital or nursing home, having a pharmacist responsible for the dispensing and supply of medicines, to supply or offer to supply any drug; or
ii
a sister or acting sister for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a doctor or dentist.
3
Notwithstanding the provisions of section 4(1)(b) of the Act, a person who is authorised as a member of a group may, under and in accordance with the terms of his group authority and in compliance with any conditions attached thereto, supply or offer to supply any drug specified in Schedule 2 or 5 to any person who may lawfully have that drug in his possession.
4
Notwithstanding the provisions of section 4(1)(b) of the Act, a person who is authorised by a written authority issued by the Secretary of State under and for the purposes of this paragraph and for the time being in force may, at the premises specified in that authority and in compliance with any conditions so specified, supply or offer to supply any drug specified in Schedule 5 to any person who may lawfully have that drug in his possession.
5
Notwithstanding the provisions of section 4(1)(b) of the Act —
a
the owner of a ship, or the master of a ship which does not carry a doctor among the seamen employed in it; or
b
the installation manager of an offshore installation,
may supply or offer to supply any drug specified in Schedule 2 or 5 —
i
for the purpose of compliance with any of the provisions specified in paragraph (6), to any person on that ship or installation;
ii
to any person who may lawfully supply that drug to him;
iii
to any constable for the purpose of the destruction of that drug.
6
The provisions referred to in paragraph (5) are any provision of, or of any instrument which is in force under —
a
the Mineral Workings (Offshore Installations) Act 1971;
b
the Health and Safety at Work etc. Act 1974 or
c
the Merchant Shipping Act 1995.
Production and supply of drugs in Schedules 3 and 4
9
1
Notwithstanding the provisions of section 4(1)(a) of the Act —
a
a practitioner or pharmacist, acting in his capacity as such, may manufacture or compound any drug specified in Schedule 3 or 4;
b
a person lawfully conducting a retail pharmacy business and acting in his capacity as such may, at the registered pharmacy at which he carries on that business, manufacture or compound any drug specified in Schedule 3 or 4;
c
a person who is authorised by a written authority issued by the Secretary of State under and for the purposes of this sub-paragraph and for the time being in force may, at the premises specified in that authority and in compliance with any conditions so specified, produce any drug specified in Schedule 3 or 4.
2
Notwithstanding the provisions of section 4(1)(b) of the Act, any of the following persons, that is to say —
a
a practitioner;
b
a pharmacist;
c
a person lawfully conducting a retail pharmacy business;
d
a person in charge of a laboratory the recognised activities of which consist in, or include, the conduct of scientific education or research;
e
a public analyst appointed under section 27 of the Food Safety Act 1990;
f
a sampling officer within the meaning of Schedule 3 to the Medicines Act 1968;
g
a person employed or engaged in connection with a scheme for testing the quality or amount of the drugs, preparations and appliances supplied under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and the regulations made thereunder;
h
a person authorised by the Pharmaceutical Society of Great Britain for the purposes of section 108 or 109 of the Medicines Act 1968,
may, when acting in his capacity as such, supply or offer to supply any drug specified in Schedule 3 or 4 to any person who may lawfully have that drug in his possession.
3
Notwithstanding the provisions of section 4(1)(b) of the Act —
a
a person who is authorised as a member of a group, under and in accordance with the terms of his group authority and in compliance with any conditions attached thereto;
b
the person in charge or acting person in charge of a hospital or nursing home;
c
in the case of such a drug supplied to her by a person responsible for the dispensing and supply of medicines at that hospital or nursing home, the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home,
may, when acting in his capacity as such, supply or offer to supply any drug specified in Schedule 3, or any drug specified in Schedule 4 which is contained in a medicinal product, to any person who may lawfully have that drug in his possession, except that nothing in this paragraph authorises —
i
the person in charge or acting person in charge of a hospital or nursing home, having a pharmacist responsible for the dispensing and supply of medicines, to supply or offer to supply any drug;
ii
a sister or acting sister for the time being in charge of a ward, theatre or other department to supply any drug otherwise than for administration to a patient in that ward, theatre or department in accordance with the directions of a doctor or dentist.
4
Notwithstanding the provisions of section 4(1)(b) of the Act —
a
a person who is authorised by a written authority issued by the Secretary of State under and for the purposes of this sub-paragraph and for the time being in force may, at the premises specified in that authority and in compliance with any conditions so specified, supply or offer to supply any drug specified in Schedule 3 or 4 to any person who may lawfully have that drug in his possession;
b
a person who is authorised under paragraph (1)(c ) may supply or offer to supply any drug which he may, by virtue of being so authorised, lawfully produce to any person who may lawfully have that drug in his possession.
5
Notwithstanding the provisions of section 4(1)(b) of the Act —
a
the owner of a ship, or the master of a ship which does not carry a doctor among the seamen employed in it;
b
the installation manager of an offshore installation,
may supply or offer to supply any drug specified in Schedule 3, or any drug specified in Schedule 4 which is contained in a medicinal product —
i
for the purpose of compliance with any of the provisions specified in regulation 8(6), to any person on that ship or installation; or
ii
to any person who may lawfully supply that drug to him.
6
Notwithstanding the provisions of section 4(1)(b) of the Act, a person in charge of a laboratory may, when acting in his capacity as such, supply or offer to supply any drug specified in Schedule 3 which is required for use as a buffering agent in chemical analysis to any person who may lawfully have that drug in his possession.
Possession of drugs in Schedules 2, 3 and 4
10
1
Notwithstanding the provisions of section 5(1) of the Act —
a
a person specified in one of sub-paragraphs (a) to (j) of regulation 8(2) may have in his possession any drug specified in Schedule 2;
b
a person specified in one of sub-paragraphs (a) to (h) of regulation 9(2) may have in his possession any drug specified in Schedule 3 or 4;
c
a person specified in regulation 9(3)(b) or (c ) or (6) may have in his possession any drug specified in Schedule 3,
for the purpose of acting in his capacity as such a person, except that nothing in this paragraph authorises —
i
a person specified in sub-paragraph (e) of regulation 8(2);
ii
a person specified in sub-paragraph (c ) of regulation 9(3); or
iii
a person specified in regulation 9(6),
to have in his possession any drug other than such a drug as is mentioned in the paragraph or sub-paragraph in question specifying him.
2
Notwithstanding the provisions of section 5(1) of the Act, a person may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 for administration for medical, dental or veterinary purposes in accordance with the directions of a practitioner, except that this paragraph shall not have effect in the case of a person to whom the drug has been supplied by or on the prescription of a doctor if —
a
that person was then being supplied with any controlled drug by or on the prescription of another doctor and failed to disclose that fact to the first mentioned doctor before the supply by him or on his prescription; or
b
that or any other person on his behalf made a declaration or statement, which was false in any particular, for the purpose of obtaining the supply or prescription.
3
Notwithstanding the provisions of section 5(1) of the Act, a person who is authorised as a member of a group may, under and in accordance with the terms of his group authority and in compliance with any conditions attached thereto, have any drug specified in Schedule 2, 3 or Part I of Schedule 4 in his possession.
4
Notwithstanding the provisions of section 5(1) of the Act —
a
a person who is authorised by a written authority issued by the Secretary of State under and for the purposes of this sub-paragraph and for the time being in force may, at the premises specified in that authority and in compliance with any conditions so specified, have in his possession any drug specified in Schedule 3 or 4;
b
a person who is authorised under regulation 9(1)(c ) may have in his possession any drug which he may, by virtue of being so authorised, lawfully produce;
c
a person who is authorised under regulation 9(4)(a) may have in his possession any drug which he may, by virtue of being so authorised, lawfully supply or offer to supply.
5
Notwithstanding the provisions of section 5(1) of the Act —
a
any person may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 for the purpose of compliance with any of the provisions specified in regulation 8(6);
b
the master of a foreign ship which is in a port in Great Britain may have in his possession any drug specified in Schedule 2, 3 or Part I of Schedule 4 so far as necessary for the equipment of the ship.
6
The foregoing provisions of this regulation are without prejudice to the provisions of regulation 4(3)(a).
Exemption for midwives
11
1
Notwithstanding the provisions of sections 4(1)(b) and 5(1) of the Act, a registered midwife who has, in accordance with the provisions of rules made under section 14(1)(b) of the Act of 1997, notified to the local supervising authority her intention to practise may, subject to the provisions of this regulation —
a
so far as necessary to her professional practice, have in her possession;
b
so far as necessary as aforesaid, administer; and
c
surrender to the appropriate medical officer such stocks in her possession as are no longer required by her of,
any controlled drug which she may, under and in accordance with the provisions of the Medicines Act 1968 and of any instrument which is in force thereunder, lawfully administer.
2
Nothing in paragraph (1) authorises a midwife to have in her possession any drug which has been obtained otherwise than on a midwife’s supply order signed by the appropriate medical officer.
3
In this regulation —
“the Act of 1997” means the Nurses, Midwives and Health Visitors Act 1997 ;
“appropriate medical officer” means —
a doctor who is for the time being authorised in writing for the purposes of this regulation by the local supervising authority for the region or area in which the drug was, or is to be, obtained; or
for the purposes of paragraph (2), a person appointed under and in accordance with section 15 of the Act of 1997 by that authority to exercise supervision over registered midwives within their area, who is for the time being authorised as aforesaid;
“local supervising authority” has the meaning it is given by section 15(1) of the Act of 1997;
“midwife’s supply order” means an order in writing specifying the name and occupation of the midwife obtaining the drug, the purpose for which it is required and the total quantity to be obtained.
Cultivation under licence of cannabis plant
12
Where any person is authorised by a licence of the Secretary of State issued under this regulation and for the time being in force to cultivate plants of the genus Cannabis, it shall not by virtue of section 6 of the Act be unlawful for that person to cultivate any such plant in accordance with the terms of the licence and in compliance with any conditions attached to the licence.
Approval of premises for cannabis smoking for research purposes
13
Section 8 of the Act (which makes it an offence for the occupier of premises to permit certain activities there) shall not have effect in relation to the smoking of cannabis or cannabis resin for the purposes of research on any premises for the time being approved for the purpose under this regulation by the Secretary of State.
Documents to be obtained by supplier of controlled drugs
14
1
Where a person (hereafter in this paragraph referred to as “the supplier”), not being a practitioner, supplies a controlled drug otherwise than on a prescription, the supplier shall not deliver the drug to a person who —
a
purports to be sent by or on behalf of the person to whom it is supplied (hereafter in this paragraph referred to as “the recipient”); and
b
is not authorised by any provision of these Regulations other than the provisions of regulation 6(6) and (7)(f) to have that drug in his possession,
unless that person produces to the supplier a statement in writing signed by the recipient to the effect that he is empowered by the recipient to receive that drug on behalf of the recipient, and the supplier is reasonably satisfied that the document is a genuine document.
2
Where a person (hereafter in this paragraph referred to as “the supplier”) supplies a controlled drug, otherwise than on a prescription or by way of administration, to any of the persons specified in paragraph (4), the supplier shall not deliver the drug —
a
until he has obtained a requisition in writing which —
i
is signed by the person to whom the drug is supplied (hereafter in this paragraph referred to as “the recipient”);
ii
states the name, address and profession or occupation of the recipient;
iii
specifies the purpose for which the drug supplied is required and the total quantity to be supplied; and
iv
where appropriate, satisfies the requirements of paragraph (5);
b
unless he is reasonably satisfied that the signature is that of the person purporting to have signed the requisition and that that person is engaged in the profession or occupation specified in the requisition,
except that where the recipient is a practitioner and he represents that he urgently requires a controlled drug for the purpose of his profession, the supplier may, if he is reasonably satisfied that the recipient so requires the drug and is, by reason of some emergency, unable before delivery to furnish to the supplier a requisition in writing duly signed, deliver the drug to the recipient on an undertaking by the recipient to furnish such a requisition within the twenty-four hours next following.
3
A person who has given such an undertaking as aforesaid shall deliver to the person by whom the controlled drug was supplied a signed requisition in accordance with the undertaking.
4
The persons referred to in paragraph (2) are —
a
a practitioner;
b
the person in charge or acting person in charge of a hospital or nursing home;
c
a person who is in charge of a laboratory;
d
the owner of a ship, or the master of a ship which does not carry a doctor among the seamen employed in it;
e
the master of a foreign ship in a port in Great Britain;
f
the installation manager of an offshore installation.
5
A requisition furnished for the purposes of paragraph (2) shall —
a
where furnished by the person in charge or acting person in charge of a hospital or nursing home, be signed by a doctor or dentist employed or engaged in that hospital or nursing home;
b
where furnished by the master of a foreign ship, contain a statement, signed by the proper officer of the port health authority, or, in Scotland, the medical officer designated under section 14 of the National Health Service (Scotland) Act 1978 by the Health Board, within whose jurisdiction the ship is, that the quantity of the drug to be supplied is the quantity necessary for the equipment of the ship.
6
Where the person responsible for the dispensing and supply of medicines at any hospital or nursing home supplies a controlled drug to the sister or acting sister for the time being in charge of any ward, theatre or other department in that hospital or nursing home (hereafter in this paragraph referred to as “the recipient”) he shall —
a
obtain a requisition in writing, signed by the recipient, which specifies the total quantity of the drug to be supplied; and
b
mark the requisition in such manner as to show that it has been complied with,
and any requisition obtained for the purposes of this paragraph shall be retained in the dispensary at which the drug was supplied and a copy of the requisition or a note of it shall be retained or kept by the recipient.
7
Nothing in this regulation shall have effect in relation to —
a
the drugs specified in Schedules 4 and 5 or poppy-straw;
b
any drug specified in Schedule 3 contained in or comprising a preparation which —
i
is required for use as a buffering agent in chemical analysis;
ii
has present in it both a substance specified in paragraph 1 or 2 of that Schedule and a salt of that substance; and
iii
is pre-mixed in a kit;
c
any exempt product.
Form of prescriptions
15
1
Subject to the provisions of this regulation, a person shall not issue a prescription containing a controlled drug other than a drug specified in Schedule 4 or 5 or temazepam unless the prescription complies with the following requirements, that is to say, it shall —
a
be in ink or otherwise so as to be indelible and be signed by the person issuing it with his usual signature and dated by him;
b
insofar as it specifies the information required by sub-paragraphs (e) and (f) below to be specified, be written by the person issuing it in his own handwriting;
c
except in the case of a health prescription, specify the address of the person issuing it;
d
if issued by a dentist, have the words “for dental treatment only” written on it and, if issued by a veterinary surgeon or a veterinary practitioner, have a declaration written on it that the controlled drug is prescribed for an animal or herd under his care;
e
specify the name and address of the person for whose treatment it is issued or, if it is issued by a veterinary surgeon or veterinary practitioner, of the person to whom the controlled drug prescribed is to be delivered;
f
specify the dose to be taken and —
i
in the case of a prescription containing a controlled drug which is a preparation, the form and, where appropriate, the strength of the preparation, and either the total quantity (in both words and figures) of the preparation or the number (in both words and figures) of dosage units, as appropriate, to be supplied;
ii
in any other case, the total quantity (in both words and figures ) of the controlled drug to be supplied;
g
in the case of a prescription for a total quantity intended to be supplied by instalments, contain a direction specifying the amount of the instalments of the total amount which may be supplied and the intervals to be observed when supplying.
2
Paragraph (1)(b) shall not have effect in relation to —
a
a prescription issued by a person approved (whether personally or as a member of a class) for the purposes of this paragraph by the Secretary of State; or
b
a prescription containing no controlled drug other than —
i
phenobarbitone;
ii
phenobarbitone sodium; or
iii
a preparation containing a drug specified in paragraph (i) or (ii) above.
3
In the case of a prescription issued for the treatment of a patient in a hospital or nursing home, it shall be a sufficient compliance with paragraph (1)(e) if the prescription is written on the patient’s bed card or case sheet.
Provisions as to supply on prescription
16
1
A person shall not supply a controlled drug other than a drug specified in Schedule 4 or 5 on a prescription —
a
unless the prescription complies with the provisions of regulation 15;
b
unless the address specified in the prescription as the address of the person issuing it is an address within the United Kingdom;
c
unless he either is acquainted with the signature of the person by whom it purports to be issued and has no reason to suppose that it is not genuine, or has taken reasonably sufficient steps to satisfy himself that it is genuine;
d
before the date specified in the prescription;
e
subject to paragraph (3), later than thirteen weeks after the date specified in the prescription.
2
Subject to paragraphs (3) and (4), a person supplying on prescription a controlled drug other than a drug specified in Schedule 4 or 5 shall, at the time of the supply, mark on the prescription the date on which the drug is supplied and, unless it is a health prescription, shall retain the prescription on the premises from which the drug was supplied.
3
A person supplying temazepam on prescription in accordance with a prescription form of a kind specified in regulation 2A(1)(a)(i) of the National Health Service (Pharmaceutical Services) Regulations 1992 shall, at the time of the supply, enter on the form by electronic means the date on which the drug is supplied.
4
In the case of a prescription containing a controlled drug other than a drug specified in Schedule 4 or 5, which contains a direction that specified instalments of the total amount may be supplied at stated intervals, the person supplying the drug shall not do so otherwise than in accordance with that direction, and —
a
paragraph (1) shall have effect as if for the requirement contained in sub-paragraph (e) thereof there were substituted a requirement that the occasion on which the first instalment is supplied shall not be later than thirteen weeks after the date specified in the prescription;
b
paragraph (2) shall have effect as if for the words “at the time of the supply” there were substituted the words “on each occasion on which an instalment is supplied”.
Exemption for certain prescriptions
17
Nothing in regulations 15 and 16 shall have effect in relation to a prescription issued for the purposes of a scheme for testing the quality or amount of the drugs, preparations and appliances supplied under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 and the regulations made thereunder or to any prescriptions issued for the purposes of the Medicines Act 1968 to a sampling officer within the meaning of that Act.
Marking of bottles and other containers
18
1
Subject to paragraph (2), no person shall supply a controlled drug otherwise than in a bottle, package or other container which is plainly marked —
a
in the case of a controlled drug other than a preparation, with the amount of the drug contained therein;
b
in the case of a controlled drug which is a preparation —
i
made up into tablets, capsules or other dosage units, with the amount of each component (being a controlled drug) of the preparation in each dosage unit and the number of dosage units in the bottle, package or other container;
ii
not made up as aforesaid, with the total amount of the preparation in the bottle, package or other container and the percentage of each of its components which is a controlled drug.
2
Nothing in this regulation shall have effect in relation to —
a
the drugs specified in Schedules 4 and 5 or poppy-straw;
b
any drug specified in Schedule 3 contained in or comprising a preparation which —
i
is required for use as a buffering agent in chemical analysis;
ii
has present in it both a substance specified in paragraph 1 or 2 of that Schedule and a salt of that substance; and
iii
is premixed in a kit;
c
any exempt product;
d
the supply of a controlled drug by or on the prescription of a practitioner;
e
the supply of a controlled drug for administration in a clinical trial or a medicinal test on animals.
3
In this regulation, the expressions “clinical trial” and “medicinal test on animals” have the same meanings as in the Medicines Act 1968.
Record-keeping requirements in respect of drugs in Schedules 1 and 2
19
1
Subject to paragraph (3) and regulation 21, every person authorised by or under regulation 5 or 8 to supply any drug specified in Schedule 1 or 2 shall comply with the following requirements, that is to say —
a
he shall, in accordance with the provisions of this regulation and of regulation 20, keep a register and shall enter therein in chronological sequence in the form specified in Part I or Part II of Schedule 6, as the case may require, particulars of every quantity of a drug specified in Schedule 1 or 2 obtained by him and of every quantity of such a drug supplied (whether by way of administration or otherwise) by him whether to persons within or outside Great Britain;
b
he shall use a separate register or separate part of the register for entries made in respect of each class of drugs, and each of the drugs specified in paragraphs 1 and 3 of Schedule 1 and paragraphs 1, 3 and 6 of Schedule 2 together with its salts and any preparation or other product containing it or any of its salts shall be treated as a separate class, so however that any stereoisomeric form of a drug or its salts shall be classed with that drug.
2
Nothing in paragraph (1) shall be taken as preventing the use of a separate section within a register or separate part of a register in respect of different drugs or strengths of drugs comprised within the class of drugs to which that register or separate part relates.
3
The foregoing provisions of this regulation shall not have effect in relation to —
a
in the case of a drug supplied to him for the purpose of destruction in pursuance of regulation 6(2) or (3), a practitioner or pharmacist;
b
a person licensed under regulation 5 to supply any drug, where the licence so directs; or
c
the sister or acting sister for the time being in charge of a ward, theatre or other department in a hospital or nursing home.
Requirements as to registers
20
Any person required to keep a register under regulation 19 shall comply with the following requirements, that is to say —
a
the class of drugs to which the entries on any page of any such register relate shall be specified at the head of that page;
b
every entry required to be made under regulation 19 in such a register shall be made on the day on which the drug is obtained or, as the case may be, on which the transaction in respect of the supply of the drug by the person required to make the entry takes place or, if that is not reasonably practicable, on the day next following that day;
c
no cancellation, obliteration or alteration of any such entry shall be made, and a correction of such an entry shall be made only by way of marginal note or footnote which shall specify the date on which the correction is made;
d
every such entry and every correction of such an entry shall be made in ink or otherwise so as to be indelible;
e
such a register shall not be used for any purpose other than the purposes of these Regulations;
f
a separate register shall be kept in respect of each premises at which the person required to keep the register carries on his business or occupation, but subject to that not more than one register shall be kept at one time in respect of each class of drugs in respect of which he is required to keep a separate register, so, however, that a separate register may, with the approval of the Secretary of State, be kept in respect of each department of the business carried on by him;
g
every such register in which entries are currently being made shall be kept at the premises to which it relates.
Record-keeping requirements in respect of drugs in Schedule 2 in particular cases
21
1
Where a drug specified in Schedule 2 is supplied in accordance with regulation 8(5)(a)(i) to any person on a ship, an entry in the official log book required to be kept under the Merchant Shipping Act 1995 or, in the case of a ship which is not required to carry such an official logbook, a report signed by the master of the ship, shall, notwithstanding anything in these Regulations, be a sufficient record of the supply if the entry or report specifies the drug supplied and, in the case of a report, it is delivered as soon as may be to a superintendent at a Marine Office established and maintained under the Merchant Shipping Act 1995.
2
Where a drug specified in Schedule 2 is supplied in accordance with regulation 8(5)(b)(i) to a person on an offshore installation, an entry in the installation logbook required to be maintained under the Offshore Installations (Logbooks and Registration of Death) Regulations 1972 which specifies the drug supplied shall, notwithstanding anything in these Regulations, be a sufficient record of the supply.
3
A midwife authorised by regulation 11(1) to have any drug specified in Schedule 2 in her possession shall —
a
on each occasion on which she obtains a supply of such a drug, enter in a book kept by her and used solely for the purposes of this paragraph the date, the name and address of the person from whom the drug was obtained, the amount obtained and the form in which it was obtained; and
b
on administering such a drug to a patient, enter in the said book as soon as practicable the name and address of the patient, the amount administered and the form in which it was administered.
Record-keeping requirements in respect of drugs Schedules 3 and 4
22
1
Every person who is authorised under regulation 5 or 9(1)(c ) to produce any drug specified in Schedule 3 or 4 shall make a record of each quantity of such a drug produced by him.
2
Every person who is authorised by or under any provision of the Act to import or export any drug specified in Schedule 3 shall make a record of each quantity of such a drug imported or exported by him.
3
Every person who is authorised under regulation 9(4) to supply any drug specified in Schedule 4 shall make a record of each quantity of such a drug imported or exported by him.
4
Paragraph (2) shall not have effect in relation to a person licensed under the Act to import or export any drug where the licence so directs.
Preservation of registers, books and other documents
23
1
All registers and books kept in pursuance of regulation 19 or 21(3) shall be preserved for a period of two years from the date on which the last entry therein is made.
2
Every record made in pursuance of regulation 22 shall be preserved for a period of two years from the date on which the record was made.
3
Every requisition, order or prescription (other than a health prescription) on which a controlled drug is supplied in pursuance of these regulations shall be preserved for a period of two years from the date on which the last delivery under it was made.
Preservation of records relating to drugs in Schedules 3 and 5
24
1
A producer of any drug specified in Schedule 3 or 5 and a wholesale dealer in any such drug shall keep every invoice or other like record issued in respect of each quantity of such a drug obtained by him and in respect of each quantity of such a drug supplied by him.
2
A person who is authorised under regulation 9(4)(a) to supply any drug specified in Schedule 3 shall keep every invoice or other like record issued in respect of each quantity of such a drug obtained by him and in respect of each quantity of such a drug supplied by him.
3
A retail dealer in any drug specified in Schedule 3, a person in charge or acting person in charge of a hospital or nursing home and a person in charge of a laboratory shall keep every invoice or other like record issued in respect of each quantity of such a drug obtained by him and in respect of each quantity of such a drug supplied by him.
4
A retail dealer in any drug specified in Schedule 5 shall keep every invoice or other like record issued in respect of each quantity of such a drug obtained by him.
5
Every invoice or other record which is required by this regulation to be kept in respect of a drug specified in Schedule 3 shall contain information sufficient to identify the date of the transaction and the person by whom or to whom the drug was supplied.
6
Every document kept in pursuance of this regulation (other than a health prescription) shall be preserved for a period of two years from the date on which it is issued, except that the keeping of a copy of the document made at any time during the said period of two years shall be treated for the purposes of this paragraph as if it were the keeping of the original document.
Exempt products
25
Nothing in regulations 19 to 24 shall have effect in relation to any exempt product.
Furnishing of information with respect to controlled drugs
26
1
The persons specified in paragraph (2) shall on demand made by the Secretary of State or by any person authorised in writing by the Secretary of State in that behalf —
a
furnish such particulars as may be requested in respect of the producing, obtaining or supplying by him of any controlled drug or in respect of any stock of such drugs in his possession;
b
for the purpose of confirming any such particulars, produce any stock of such drugs in his possession;
c
produce any register, book or document required to be kept under these Regulations relating to any dealings in controlled drugs which is in his possession.
2
The persons referred to in paragraph (1) are —
a
any person authorised by or under these Regulations to produce any controlled drug;
b
any person authorised by or under any provision of the Act to import or export any controlled drug;
c
a wholesale dealer;
d
a retail dealer;
e
a practitioner;
f
the person in charge or acting person in charge of a hospital or nursing home;
g
a person who is in charge of a laboratory;
h
a person who is authorised under regulation 9(4)(a) to supply any controlled drug.
3
Nothing in this regulation shall require the furnishing of personal records which a person has acquired or created in the course of his profession or occupation and which he holds in confidence; and in this paragraph “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating to his physical or mental health.
Destruction of controlled drugs
27
1
No person who is required by any provision of, or by any term or condition of a licence having effect under, these Regulations to keep records with respect to a drug specified in Schedule 1, 2, 3 or 4 shall destroy such a drug or cause such a drug to be destroyed except in the presence of and in accordance with any directions given by a person authorised (whether personally or as a member of a class) for the purposes of this paragraph by the Secretary of State (hereafter in this regulation referred to as an “authorised person”).
2
An authorised person may, for the purposes of analysis, take a sample of a drug specified in Schedule 1, 2, 3 or 4 which is to be destroyed.
3
Where a drug specified in Schedule 1, 2, 3 or 4 is destroyed in pursuance of paragraph (1) by or at the instance of a person who is required by any provision of, or by any term or condition of a licence having effect under, these Regulations to keep a record in respect of the obtaining or supply of that drug, that record shall include particulars of the date of destruction and the quantity destroyed and shall be signed by the authorised person in whose presence the drug is destroyed.
4
Where the master or owner of a ship or installation manager of an offshore installation has in his possession a drug specified in Schedule 2 which he no longer requires, he shall not destroy the drug or cause it to be destroyed but shall dispose of it to a constable, or to a person who may lawfully supply that drug to him.
5
Nothing in paragraph (1) or (3) shall apply to any person who is required to keep records only by virtue of regulation 22(2) or (3) or 24(3).
6
Nothing in paragraph (1) or (3) shall apply to the destruction of a drug which has been supplied to a practitioner or pharmacist for that purpose in pursuance of regulation 6(2) or (3).
Revocations
28
1
The regulations specified in Schedule 7 are hereby revoked.
2
Notwithstanding paragraph (1), any register, record, book, prescription or other document required to be preserved under regulation 23 or 24 of the Misuse of Drugs Regulations 1985 shall be preserved for the same period of time as if these Regulations had not been made.
3
In the case of a prescription issued before the coming into force of these Regulations, regulation 16(1) shall have effect as if —
a
in the case of a prescription containing a controlled drug other than a drug to which the provisions of regulation 15 of the Misuse of Drugs Regulations 1985 applied at the time the prescription was issued, sub-paragraphs (a) and (b) of that paragraph were omitted; and
b
in any other case, for the said sub-paragraphs (a) and (b) there were substituted the words “unless the prescription complies with the provisions of the Misuse of Drugs Regulations 1985 relating to prescriptions”.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
13th December 2001


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Representation of the People (Form of Canvass) (England and Wales) Regulations 2001 and shall come into force on the expiry of 14 days beginning with the day on which they are made.
2
These Regulations do not extend to Scotland or Northern Ireland.
2
The form set out in the Schedule to these Regulations is hereby prescribed as the form to be used for the purposes of the canvass which is required to be conducted by section 10 of the Representation of the People Act 1983.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
24th July 2001


text:
1
These Rules may be cited as the Trade Marks (Amendment) Rules 2001 and shall come into force on 1st January 2002.
2
The Trade Marks Rules 2000 are amended as set out in rules 3 to 8 below.
3
For rule 7 (classification of goods and services), there shall be substituted the following:
7
1
For the purposes of trade mark registrations dated before 1st January 2002, goods and services shall be classified in accordance with Schedule 3 , except where a specification is reclassified under rule 46 below to Schedule 4.
2
For the purposes of trade mark registrations dated on or after 1st January 2002, goods and services shall be classified in accordance with Schedule 4, which sets out the latest version of the classes of the International Classification of Goods and Services .
4
1
In rule 8 (application may relate to more than one class and shall specify the class), for the words “Schedule 3”, in each place where they appear, there shall be substituted “Schedule 4”.
2
The amendments made by this rule do not apply to applications made before 1st January 2002.
5
In rule 46(1)(a) (change of classification), for the words “Schedule 2 to one founded on Schedule 3” there shall be substituted “Schedule 3 to one founded on Schedule 4”.
6
Schedule 2 is hereby revoked.
7
In the heading to Schedule 3, for the words “Rule 7(2)” there shall be substituted “Rule 7(1)”.
8
After Schedule 3, there shall be inserted —
SCHEDULE 4
CLASSIFICATION OF GOODS AND SERVICES
Rule 7(2)
Goods
Class 1 Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry
Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists
Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices
Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles and wicks for lighting
Class 5 Pharmaceutical and veterinary preparations; sanitary preparations for medical purposes; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides
Class 6 Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores
Class 7 Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs
Class 8 Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus
Class 10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials
Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes
Class 12 Vehicles; apparatus for locomotion by land, air or water
Class 13 Firearms; ammunition and projectiles; explosives; fireworks
Class 14 Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments
Class 15 Musical instruments
Class 16 Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); printers' type; printing blocks
Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery
Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal
Class 20 Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Class 21 Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes
Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials
Class 23 Yarns and threads, for textile use
Class 24 Textiles and textile goods, not included in other classes; bed and table covers
Class 25 Clothing, footwear, headgear
Class 26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers
Class 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile)
Class 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees
Class 29 Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats
Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice
Class 31 Agricultural, horticultural and forestry products and grains not included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt
Class 32 Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages
Class 33 Alcoholic beverages (except beers)
Class 34 Tobacco; smokers' articles; matches.
Services
Class 35 Advertising; business management; business administration; office functions
Class 36 Insurance; financial affairs; monetary affairs; real estate affairs
Class 37 Building construction; repair; installation services
Class 38 Telecommunications
Class 39 Transport; packaging and storage of goods; travel arrangement
Class 40 Treatment of materials
Class 41 Education; providing of training; entertainment; sporting and cultural activities
Class 42 Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software; legal services
Class 43 Services for providing food and drink; temporary accommodation
Class 44 Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services
Class 45 Personal and social services rendered by others to meet the needs of individuals; security services for the protection of property and individuals.
Melanie Johnson,
Parliamentary Under-Secretary of State, for Competition, Consumers and Markets
Department of Trade and Industry
29th November 2001


text:
Citation
1
This Order may be cited as the Additional Pension (First Appointed Year) Order 2001.
First Appointed Year
2
For the purposes of the definition of that expression in section 122(1) of the Social Security Contributions and Benefits Act 1992 (interpretation of Parts I to VI of that Act, including provisions which relate to the additional pension), the “first appointed year” shall be 2002–03.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
28th January 2001


text:
1
The Fees appearing in the Schedule to this Order are established. The tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 2000 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 2001 and shall come into operation on the first day of January 2002.
Dated this fifth day of June 2001
J Laws
G F Tattersall
H M Morgan
M G S Farrell
C A Pym
T E Allen
Approved by the General Synod
D M Williams
Clerk to the Synod
the 6th day of July 2001


text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 2000 , may be cited as the Land Registration (District Registries) Order 2001 and shall come into force on 2nd January 2002.
2
In this Order, unless the context otherwise requires:
“district land registry” means a district registry of the Land Registry within the meaning of section 132 of the Land Registration Act 1925;
“the Schedule” means the Schedule to this Order.
District Land Registries
2
The district of each district land registry shall comprise on and after 2nd January 2002 the administrative areas specified opposite its name in column 2 of the Schedule.
Signed by Authority of the Lord Chancellor
Michael Wills
Parliamentary Secretary,
Lord Chancellor’s Department
31st July 2001
We concur,
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children (Leaving Care) Social Security Benefits Regulations 2001 and shall come into force on 1st October 2001.
2
In these Regulations, unless the context otherwise requires, a reference to a numbered section is to the section of the Children (Leaving Care) Act 2000 bearing that number.
Entitlement to benefits
2
1
Section 6 (exclusion from benefits) shall not apply for the purposes of entitlement to income support or income-based jobseeker’s allowance where a person —
a
falls within subsection (2)(a) or (b) of that section; and
b
falls within a category of person prescribed in —
i
provided the person is a lone parent, regulation 13(2)(a) (circumstances in which persons in relevant education may be entitled to income support) of;
ii
regulation 13(2)(b) of; or
iii
paragraph 1, 2, 7, 8, 10, 11, 12, 13, 24 or 25 of Schedule 1B (prescribed categories of person) to,
the Income Support (General) Regulations 1987 (“the Income Support Regulations”).
2
Section 6 shall not apply to a person who falls within subsection (2)(a) or (b) of that section who has not been looked after by a local authority for the purposes of paragraph 19B of Schedule 2 to the Children Act 1989 on or after 1st October 2001.
3
Where a person who falls within subsection (2)(a) or (b) of section 6 is residing in Scotland but is not supported by a local authority in England or Wales then, notwithstanding that he has been looked after by such a local authority for the purposes of paragraph 19B of Schedule 2 to the 1989 Act on or after 1st October 2001, section 6 shall not apply to that person.
4
In paragraph (1)(b)(i) above, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
7th September 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) Order 2001; it extends to England and shall come into force on 27th February 2001 at 2.00 pm.
Amendment to the Foot and Mouth Disease Order 1983
2
1
The Foot and Mouth Disease Order 1983 shall be amended, in so far it applies to England, in accordance with this article.
2
Immediately after the definition of “affected animal” in article 3 there shall be inserted the following definition —
“agricultural building” means any building other than domestic premises on any agricultural land and “agricultural land” shall have the same meaning as in section 109 of the Agriculture Act 1947 ;
.
3
Immediately after article 35 there shall be inserted the following articles —
Power to close footpaths and to prevent entry onto premises in a controlled area
35A
1
Subject to paragraph (2) below, an inspector may, notwithstanding the existence of any public footpath or right of way, prohibit the entry of any person —
a
onto any land (including any common, or any unenclosed or waste land); or
b
into any agricultural building,
by displaying, or causing to be so displayed, a notice to that effect at every entrance to that land or building.
2
No person shall enter any land or building in respect of which a notice is displayed under paragraph (1), other than —
a
the owner of any animal on that land or in that building, or the employee of any such owner or any other person authorised by him or her, who enters for the purpose of tending to that animal; or
b
a person entering the land or building under the authority of, and in accordance with any conditions specified in, a licence granted by an inspector.
3
A notice under paragraph (1) above shall be displayed at every entrance to the land or building to which it relates by the inspector, in such manner as will ensure that the restrictions imposed by it are brought to the attention of those persons likely to be affected by them.
4
No person shall remove a notice under paragraph (1) except under a licence granted by an inspector.
Declaration of a prohibited area
35B
1
If the Minister has confirmed foot and mouth disease in any part of a local authority area, the local authority of that area may by declaration published in such manner as it sees fit, prohibit the movement of any person in or out of an area identified in that declaration except on a public highway open to vehicular traffic.
2
In the interests of preventing the spread of foot-and-mouth disease in any part of its area, the local authority of an area where foot-and-mouth disease has not been confirmed may, after consultation with the Minister, by declaration published in such manner as it sees fit, prohibit the movement of any person in or out of an area identified in that declaration except on a public highway open to vehicular traffic.
3
No person shall enter or leave an area identified in a declaration issued under this article except on a highway open to vehicular traffic.
.
Signed at 13.40 pm on 27th February 2001
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Education (Student Support) Regulations 2001 (Amendment) Regulations 2001 and shall come into force on 25th May 2001.
2
The Education (Student Support) Regulations 2001 shall be amended as follows.
3
In regulation 5 —
a
in paragraph (2) substitute for the figure “19” the figure “18”; and
b
after paragraph (2) insert the following paragraph:
2A
For the purposes of paragraph (2) where periods of full-time study and work experience alternate within any week of the course the days of full-time study shall be aggregated with any weeks of full-time study in determining the number of weeks of full-time study in each year.
.
Tessa Blackstone
Minister of State,
Department for Education and Employment
3rd May 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Confidential Information) (Bank of England) (Consequential Provisions) Order 2001 and comes into force on the 1st of December 2001.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Bank of England Act 1998 ;
“ the Act ” means the Financial Services and Markets Act 2000;
“ the Bank ” means the Bank of England;
“commencement” means the beginning of the day on which section 19 of the Act comes into force;
“an EEA regulatory authority” means a competent authority of an EEA State other than the United Kingdom for the purposes of the banking consolidation directive;
“a non-EEA regulatory authority” means an authority in a country or territory outside the EEA which has regulatory functions in relation to the acceptance of deposits from the public;
“the Disclosure Regulations ” means the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 ;
“overseas regulatory authority” means an EEA regulatory authority or a non-EEA regulatory authority;
“relevant functions”, in relation to the Bank, means —
its functions as a monetary authority, and
its functions in relation to overseeing payment systems.
2
In this Order, references to the acceptance of deposits must be read with —
a
section 22 of the Act;
b
any relevant Order under that section; and
c
Schedule 2 to the Act.
PART II
INFORMATION SUPPLIED TO THE BANK BY AN OVERSEAS REGULATORY AUTHORITY
Information to which this Part applies
3
1
This Part applies to information (“overseas regulatory information”) which —
a
is supplied to the Bank after commencement for the purposes of any relevant functions by an overseas regulatory authority; or
b
is obtained after commencement for those purposes by the Bank, or by a person acting on its behalf, in another member State.
2
Subject to paragraphs (3) and (4) and article 4, sections 348, 349 and 352 of the Act apply in relation to overseas regulatory information in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act.
3
Overseas regulatory information is not subject to the restrictions on disclosure imposed by section 348(1) of the Act (as it applies by virtue of paragraph (2)) if it satisfies any of the criteria set out in section 348(4)(a) or (b) of the Act.
4
For the purposes of this Part, section 348 of the Act and the Disclosure Regulations have effect as if the primary recipients mentioned in section 348 (5) included the Bank.
Information to be treated as single market directive information
4
1
The Disclosure Regulations apply in relation to information of the kind mentioned in article 3(1)(a) which is supplied by an EEA regulatory authority as they apply in relation to single market directive information (within the meaning of those Regulations).
2
The Disclosure Regulations apply in relation to information of the kind mentioned in article 3(1)(b) as they apply in relation to single market directive information which is obtained in the course of an on-the-spot verification of the kind referred to in article 29 of the banking consolidation directive.
3
For the purposes of this Part, Part III of the Disclosure Regulations (disclosure of single market directive information) has effect as if references to the Authority included a reference to the Bank.
PART III
DISCLOSURE OF INFORMATION OBTAINED UNDER COMPANIES LEGISLATION
Information to which this Part applies
5
1
This Part applies to information disclosed after commencement to the Bank —
a
under subsection (1) of section 449 of the Companies Act 1985 , or
b
under paragraph (1) of Article 442 of the Companies (Northern Ireland) Order 1986 ,
in its capacity as a competent authority under section 449(3) of that Act or Article 442(3) of that Order (as the case may be) (“companies information”).
2
Subject to paragraphs (3) and (4), companies information may be disclosed in accordance with section 349 of the Act and the Disclosure Regulations as if —
a
it were confidential information within the meaning of section 348(2) of the Act; and
b
the Bank were a primary recipient of the information.
3
The Bank may disclose companies information in accordance with Part IV of the Disclosure Regulations only with —
a
in the case of information disclosed as mentioned in paragraph (1)(a), the consent of the Secretary of State, or
b
in the case of information disclosed as mentioned in paragraph (1)(b), the consent of the Department of Enterprise, Trade and Investment in Northern Ireland.
4
A person other than the Bank must not disclose such information under paragraph (2) except with the consent of —
a
in the case of information disclosed as mentioned in paragraph (1)(a), the consent of the Secretary of State, or
b
in the case of information disclosed as mentioned in paragraph (1)(b), the consent of the Department of Enterprise, Trade and Investment in Northern Ireland.
PART IV
TRANSITIONAL PROVISIONS
Information supplied before commencement by an overseas regulatory authority
6
1
This article applies to information which fell within section 86(1) of the Banking Act 1987 and immediately before commencement was subject to restrictions on disclosure by virtue of section 82 of that Act, as those sections had effect by virtue of paragraph 57 of Schedule 5 to the 1998 Act (“transitional overseas regulatory information”).
2
Subject to paragraphs (3) and (4), regulation 15 of the Disclosure Regulations (disclosure of transitional information) has effect in relation to transitional overseas regulatory information which the Bank holds after commencement as if the persons to be treated as a primary recipient by virtue of paragraph (3)(a) of that regulation included the Bank in relation to such information.
3
Transitional overseas regulatory information which fell within section 86(1)(a) of the Banking Act 1987 and was supplied by an EEA regulatory authority is to be treated for the purposes of the Disclosure Regulations as single market directive information (within the meaning of those Regulations).
4
Transitional overseas regulatory information which fell within section 86(1)(b) of the Banking Act 1987 is to be treated for the purposes of the Disclosure Regulations as single market directive information which is obtained in the course of an on-the-spot verification of the kind referred to in article 29 of the banking consolidation directive.
5
For the purposes of this article, references in Part III of the Disclosure Regulations (disclosure of single market directive information) to the Authority are to be treated as including the Bank.
Companies information supplied before commencement
7
1
This article applies to information (“transitional companies information”) —
a
disclosed before commencement to the Bank under section 449(1) of the Companies Act 1985, or under Article 442(1) of the Companies (Northern Ireland) Order 1986, in its capacity as a competent authority under section 449(3) of that Act or Article 442(3) of that Order (as the case may be); and
b
which immediately before commencement was subject to any of the powers of disclosure conferred by subsection (2) or (3) of section 87 of the Banking Act 1987, as that section had effect by virtue of paragraph 59 of Schedule 5 to the 1998 Act.
2
Subject to paragraphs (3) and (4), transitional companies information may be disclosed in accordance with section 349 of the Act and the Disclosure Regulations as if —
a
it were confidential information within the meaning of section 348(2) of the Act; and
b
the Bank were a primary recipient of the information.
3
The Bank may disclose transitional companies information in accordance with Part IV of the Disclosure Regulations only with the consent of —
a
in the case of information of the kind mentioned in paragraph (1)(a), the Secretary of State, or
b
in the case of information of the kind mentioned in paragraph (1)(b), the Department of Enterprise, Trade and Investment in Northern Ireland.
4
A person other than the Bank must not disclose such information under paragraph (2) except with the consent of —
a
in the case of information disclosed as mentioned in paragraph (1)(a), the Secretary of State, or
b
in the case of information disclosed as mentioned in paragraph (1)(b), the Department of Enterprise, Trade and Investment in Northern Ireland.
Information supplied before commencement by the Building Societies Commission
8
1
This article applies to information (“transitional building societies information”) —
a
disclosed before commencement by the Building Societies Commission to the Bank for the purpose of enabling or assisting the Bank to discharge its relevant functions; and
b
which immediately before commencement was subject to the powers of disclosure conferred by section 87(3A) of the Banking Act 1987, as that section had effect by virtue of paragraph 59 of Schedule 5 to the 1998 Act.
2
Transitional building societies information may be disclosed in accordance with section 349 of the Act and the Disclosure Regulations as if —
a
it were confidential information within the meaning of section 348(2) of the Act; and
b
the Bank were a primary recipient of the information.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
8th November 2001


text:
1
This Order may be cited as the M5 Motorway (Junction 12 Improvement Slip Roads) Order 2001 and shall come into force on 8th March 2001.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk roads” means the slip roads;
ii
“the plan” means the plan numbered HA 16/PS/25 marked “The M5 Motorway (Junction 12 Improvement Slip Roads) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE; and
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the existing trunk road with other highways at the places stated in that Schedule.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure of prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
David W. Ward
Divisional Director Highways Agency
15th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2001 and shall come into force on 24th August 2001.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1(5) of the principal Order
2
In article 1(5) of the principal Order, for “Schedules 1 to 3” there is substituted “Schedules 1, 2 and 5”.
Amendment of Schedule 1 to the principal Order
3
In Schedule 1 to the principal Order (which specifies substances which, if included in medicinal products, make those products prescription only medicines, and exemptions from the restrictions on the sale and supply of prescription only medicines) —
a
in relation to the substance Adrenaline, in column 3, after “External” there is inserted “(except ophthalmic)”;
b
in relation to the substance Fluconazole, in column 3, after “vaginal candidiasis” there is inserted “or associated candidal balanitis”;
c
in relation to the substance Hydrocortisone Acetate, in column 3, after “haemorrhoids” there is inserted “or in combination with Miconazole Nitrate, for athlete’s foot and candidal intertrigo”;
d
in relation to the substance Stannous Fluoride, the entries in columns 2 and 3 are each numbered “(1)”, and, after those entries there are inserted the following entries —
in column 2 —
(2) 0.4 per
; and
in column 3 —
2
Dental gels for use in the prevention and treatment of dental caries and decalcification of the teeth
;
e
in relation to the substance Terbinafine Hydrochloride , in the entry in column 3, at the beginning there is inserted “Preparations, other than spray solutions, for”; the entries in columns 3 and 5 are each numbered “(1)” and after those entries there are inserted the following entries —
in column 3 —
2
Spray solutions for external use for the treatment of tinea corporis, tinea cruris and tinea pedis
; and
in column 5 —
2
Container containing not more than 30ml of medicinal product
;
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entries set out in column 1 in the Table below, and, against those entries, there are inserted in columns 2, 3, 4 and 5 the corresponding entries in columns 2, 3, 4 and 5 in that Table —
Column 1 Column 2 Column 3 Column 4 Column 5 Substance Maximum strength Use, pharmaceutical form or route of administration Treatment limitations Maximum quantity
Clobetasone Butyrate 0.05 per cent Cream for use in adults and in children aged 12 years and over, for external use for the short term symptomatic treatment and control of patches of eczema and dermatitis (excluding seborrhoeic dermatitis) Container or package containing not more than 15g of medicinal product Fenticonazole Nitrate External use (but in the case of vaginal use, only for the treatment of vaginal candidiasis) Prochlorperazine Maleate 3mg Buccal tablets for the treatment of nausea and vomiting in cases of previously diagnosed migraine only. For use in persons aged 18 years and over. 12mg (MDD) Container or package containing not more than 8 tablets
; and
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries in that column, each of the following substances —
“Amisulpride”
“Balsalazide Sodium”
“Benserazide”
“Brimonidine Tartrate”
“Carbasalate Calcium”
“Cefdinir”
“Cerivastatin Sodium”
“Donepezil Hydrochloride”
“Fexofenadine Hydrochloride”
“Flutrimazole”
“Irbesartan”
“Levofloxacin”
“Mercaptamine Bitartrate”
“Modafinil”
“Naratriptan Hydrochloride”
“Pramipexole Hydrochloride”
“Reboxetine Mesilate”
“Sertindole”
“Temocapril Hydrochloride”
“Testosterone”
“Valsartan”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
30th July 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
31st July 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Competition Information) (Specification of Enactment etc.) Order 2001 and comes into force on 18th June 2001.
Specification
2
1
The Gas and Electricity Markets Authority (“ GEMA ”) referred to in section 1 of the Utilities Act 2000 is a person specified for the purposes of Part I of Schedule 19 to the Financial Services and Markets Act 2000.
2
Any function of GEMA under an enactment specified in Part II of that Schedule is a function of GEMA specified for the purposes of Part I of that Schedule.
3
The Competition Act 1998 and the Utilities Act 2000 are enactments specified for the purposes of paragraph 19 of Part II of that Schedule.
4
In consequence of paragraphs (1) and (2), the entries numbered 5 and 7 in the table in Part I of that Schedule are omitted.
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2001


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 2001 and shall come into force on 19th September 2001.
2
In this Order “the principal Order ” means the Export of Goods (Control Order) 1994 .
2
The following text is substituted for Article 2(1) of the principal Order.
1
Subject to the provisions of this Order, all goods of a description specified in Schedule 1 hereto are prohibited to be exported to any destination.
.
3
1
The following text is substituted for Article 2(2) of the principal Order.
Subject to the provisions of this Order goods shall be prohibited to be exported to any destination where:
.
2
In Article 2(2)(a)(b)(c) delete all references to “that person” and replace with “the exporter”.
Melanie J Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
18th September 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2001 and shall come into force on 8th October 2001.
2
In these Regulations, “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of the General Regulations
2
1
There shall be inserted in paragraph (4) of regulation 7 of the General Regulations (entitlement), after sub-paragraph (a) —
aa
a person in receipt of asylum support under section 95 of the Immigration and Asylum Act 1999 ;
.
2
In paragraph (6) of regulation 7 of the General Regulations, the words from “;or” at the end of sub-paragraph (b) to “both aged under 60, £500” at the end of sub-paragraph (c) shall be omitted.
3
Regulation 9 of the General Regulations (effect of capital) shall be omitted.
Transitional provision
3
These Regulations shall not have effect with respect to any claim for a Sure Start Maternity Grant or a funeral payment made before 8th October 2001.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under Secretary of State
Department for Work and Pensions
4th September 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Waste (Foot-and-Mouth Disease) (England) (Amendment) Regulations 2001 and shall come into force on 12th October 2001.
2
These Regulations extend to England only.
Amendment of cessation date
2
In regulation 1(1) of the Waste (Foot-and-Mouth Disease) (England) Regulations 2001 for “13th October 2001” substitute “13th April 2002”.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
19th September 2001


text:
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 5) Order 2001.
2
In this Order, “section 19 day” means the day on which section 19 of the Act comes into force.
2
1
20th July 2001 is the day appointed for the coming into force of the provisions of the Act listed in Part 1 of the Schedule to this Order, for all purposes.
2
3rd September 2001 is the day appointed for the coming into force of the provisions of the Act listed in Part 2 of that Schedule, for the purposes indicated there (or, where no purposes are indicated, for all purposes).
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2001


text:
1
These Regulations may be cited as the Parental Responsibility Agreement (Amendment) Regulations 2001 and shall come into force on the 1st September 2001.
2
The form set out in the Schedule to the Parental Responsibility Agreement Regulations 1991 shall be replaced by the form set out in the Schedule to these Regulations.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
19th June 2001


text:
1
This Order may be cited as the Sussex Downs College (Incorporation) Order 2001 and shall come into force on 1st September 2001 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Sussex Downs College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 1st November 2001, and the corporation shall conduct Sussex Downs College from that date.
Margaret Hodge
Minister of State,
Department for Education and Skills
31st July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Lincolnshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 24th December 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 East Lincolnshire Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 24th December 2001 a Primary Care Trust to be called the East Lincolnshire Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
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 the 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.
Limitations on the exercise of functions by the trust during the preparatory period
5
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
6
1
The Lincolnshire 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 Lincolnshire 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 Lincolnshire Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashfield Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd 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 Ashfield 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 Ashfield 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 North Nottinghamshire 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 North Nottinghamshire 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.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
23rd January 2001