text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001; they extend to England and come into force at 7.00 p.m. on 22nd October 2001.
2
These Regulations shall apply until midnight on 31st December 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal orgin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Import and dispatch of live animals
4
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Dispatch of fresh meat, minced meat and meat preparations
5
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from approved cutting plants under the following conditions —
i
the only meat processed in the establishment on the day of processing of meat destined for dispatch is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the productions and marketing of meat products and certain other products of animal origin ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat );
iv
the cutting plant must be operated under strict veterinary control; and
v
the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions —
i
the only meat processed in the establishment on the day of processing of meat destined for dispatch is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex I to Council Directive 94/65/EC ;
iv
the plant must be operated under strict veterinary control; and
v
the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;
d
fresh meat, minced meat or meat preparations obtained from porcine animals reared within the areas listed in the Schedule and conforming to the following conditions —
i
there has been no outbreak of foot-and-mouth disease in the group of counties listed in the Schedule during the 90 days prior to dispatch;
ii
during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the areas listed in the Schedule in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
iii
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(ii) above during the past 30 days prior to loading, except in the case of pigs coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;
iv
the animals must be transported under licence in writing granted by an officer of the local authority where the holding is situated, directly from the holding to an approved slaughterhouse situated in a county in England listed in the Schedule;
v
the means of transport must be cleansed and disinfected before the animals are loaded;
vi
before it leaves the holding, the means of transport must be sealed by a person authorized in writing by the Secretary of State, and the number of the seal recorded on the movement licence;
vii
the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that pigs the meat of which intended for dispatch under this paragraph will be sent to the slaughterhouse;
viii
the official veterinary surgeon must ensure that the seal is intact and correctly numbered when the means of transport arrives at the slaughterhouse;
ix
the animals must be slaughtered within 24 hours of arrival at the slaughterhouse separately from animals whose meat is not eligible for dispatch;
x
during inspection by the official veterinary surgeon at the slaughterhouse no evidence of clinical or post-mortem signs of foot-and-mouth disease were established;
xi
the meat derived from such animals remained in the slaughterhouse for at least 24 hours after slaughter;
xii
all fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC ;
xiii
the slaughterhouse must be operated under strict veterinary control;
xiv
in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xv
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
xvi
where the meat is subject to further processing this must be done in a plant approved under sub-paragraph (b) or (c) of this paragraph and in accordance with those sub-paragraphs.
4
Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of meat products
6
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in approved establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 5(3);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Council Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1st February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
7
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in approved establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products
8
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 7;
c
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus;
d
milk products intended for human consumption produced from milk of a pH less than 7.0 and subjected to heat treatment at a temperature of at least 72°C for at least 15 seconds or an equivalent treatment;
e
milk products intended for human consumption produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during which the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with a 0.2% citric acid immediately prior to wrapping or packaging.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in approved establishments under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 7(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the milk products must only be intended for human consumption and all milk products used in the final product will either conform to the conditions of paragraphs 3(a)(i) and (ii) above or meet the conditions of paragraph (2)(d) or (2)(e) of this regulation;
iv
the establishment shall be under strict veterinary control; and
v
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1st February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 13, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, etc
9
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
the donor bull or boar was kept in the semen collection centre for at least three months (which may include the isolation period of at least 30 days in isolation accommodation attached to the semen collection centre) prior to the collection of the semen;
iii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iv
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
v
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
vi
the donor bull or boar showed a negative response to a test for antibodies against foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen;
vii
the frozen semen was stored for a period of at least 30 days between collection and dispatch and during this period no animal in the semen collection centre showed any sign of foot-and-mouth disease;
viii
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
ix
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member state shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to a Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
The health certificate provided for in the Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19 October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of hides and skins
10
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either —
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 13.
Dispatch of animal products
11
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 13 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraph (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 13.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
12
The prohibitions in regulations 6, 7, 8 and 11 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
13
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In the case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
14
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of equidae
15
1
Any person dispatching equidae shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
A veterinary inspector shall only issue a certificate referred to in paragraph (1) if —
a
he is satisfied that the animal has not come from a holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983 ;
b
he has inspected the animal and is satisfied that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected to his satisfaction; and
c
the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983.
3
The health certificate accompanying equidae exported to another member State in accordance with the provisions of this article shall bear the following words —
Equidae conforming to Commission Decision 2001/356/EC of 4 May 2001, concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.
4
Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Council Directive 90/426/EEC .
Offers to dispatch or export
16
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
17
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
18
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
19
1
Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this regulation shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Obstruction
20
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
21
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
22
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purpose of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
23
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 16 or regulation 20(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
Certificates, approvals, etc. issued in another part of the British Islands
24
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
25
These Regulations shall be enforced by the Secretary of State or the local authority.
Consequential amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
26
In so far as they extend to England, the Fresh Meat (Hygiene and Inspection) Regulations 1995 are amended by substituting for sub-paragraph (3) of paragraph 9 of Schedule 12 the following —
3
Subparagraph (1) does not apply to fresh meat handled in accordance with regulation 5(3) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001.
.
Consequential amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
27
1
In so far as they extend to England, the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in accordance with this regulation.
2
For paragraph (1B) of regulation 7 there shall be substituted —
1B
Paragraph (1A) does not apply to minced meat processed in accordance with regulation 5(3) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001.
.
3
For paragraph (6) of regulation 7 there shall be substituted —
6
The health mark may be affixed to minced meat which satisfies the requirements of paragraph (1) of this regulation and regulation 5(3) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001.
.
4
For paragraph (4B) of regulation 8 there shall be substituted —
4B
Paragraph (4A) does not apply to meat preparations made in accordance with regulation 5(3) of the Import and Export Restrictions (Foot-and-Mouth disease) (No. 10) Regulations 2001.
.
5
For paragraph (7) of regulation 8 there shall be substituted —
7
The health mark may be affixed to any meat preparation which satisfies the requirements of paragraph (1) of this regulation and regulation 5(3) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001.
.
Revocations
28
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) Regulations 2001 , the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) (Amendment) Regulations 2001 and the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) (Amendment No. 2) Regulations 2001 are revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
22nd October 2001


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (Amendment) Regulations 2001; they extend to the United Kingdom and shall come into force at 11.00 p.m. on 27th March 2001.
Amendment to the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001
2
1
In regulation 1(2) of the Foot-and-Mouth (Export of Vehicles) (Disinfection of Tyres) Regulations 2001 for the words “27th March 2001” there shall be substituted the words “4th April 2001”.
2
In regulation 2(1) of those Regulations for the definition of “the Decision” there shall be substituted —
“the Decision” means Commission Decision 2001/172/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC , as amended by Commission Decision 2001/190/EC , Commission Decision 2001/209/EC and Commission Decision 2001/239/EC ;
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
Signed at 7.30 p.m.27th March 2001.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Lincolnshire Hospitals National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 5th February 2001.
2
In this Order, “ the Order ” means the United Lincolnshire Hospitals National Health Service Trust (Establishment) Order 2000 .
Additional non-executive director
2
In article 4 of the Order (directors of the trust), for “5 non-executive” there shall be substituted “7 non-executive”.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wakefield West Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd 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 Wakefield West 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 Wakefield West Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Wakefield 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 Wakefield 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 Pinderfields and Pontefract Hospitals National Health Service Trust and the Wakefield and Pontefract Community Health National Health Service Trust shall make staff of those NHS trusts available to the trust during the preparatory period.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
12th February 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the The Tax Credits (Miscellaneous Amendments No. 7) Regulations 2001 and shall come into force on 7th August 2001.
2
These Regulations shall have effect in relation to award periods commencing on or after 7th August 2001.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Family Credit Regulations and the Disability Working Allowance Regulations
3
Amend Chapter VII of Part IV of the Family Credit Regulations and Chapter VII of Part V of the Disability Working Allowance Regulations (students) in accordance with regulations 4 to 9.
4
In the definition of “contribution” in regulation 37 of the Family Credit Regulations and regulation 41 of the Disability Working Allowance Regulations —
a
for the words “a Minister of the Crown” substitute “the Secretary of State, the Scottish Ministers”;
b
for the words “the Secretary of State or education authority takes” substitute “the Scottish Ministers or education authority take”;
c
for the words “the Secretary of State or the education authority consider” substitute “the Scottish Ministers or the education authority consider”.
5
In the definition of “grant” in regulation 37 of the Family Credit Regulations and regulation 41 of the Disability Working Allowance Regulations after the words “Secretary of State” insert “or the Scottish Ministers”.
6
1
In each of the provisions listed in paragraph (2) for “£255” substitute “£260”.
2
The provisions are —
a
regulations 38 (2A)(a) and 42A(5)(a) of the Family Credit Regulations ;
b
regulations 42(2A)(a) and 47(5)(a) of the Disability Working Allowance Regulations .
7
1
In each of the provisions listed in paragraph (2) for “£311” substitute “£319”.
2
The provisions are —
a
regulations 38 (2A)(b) and 42A(5)(b) of the Family Credit Regulations;
b
regulations 42(2A)(b) and 47(5)(b) of the Disability Working Allowance Regulations.
8
In regulation 38(2) of the Family Credit Regulations after sub-paragraph (h) add —
j
that is made in respect of childcare costs pursuant to —
i
sections 5, 6 and 9 of the Learning and Skills Act 2000 ;
ii
section 4 of the Further Education and Higher Education (Scotland) Act 1992 ;
iii
Article 5 of the Further Education (Northern Ireland) Order 1997 ;
iv
the Education (Student Support) Regulations 2001 ;
v
the Students' Allowances (Scotland) Regulations 1999 ; or
vi
the Education (Student Support) Regulations (Northern Ireland) 2001 ;
provided that the claimant’s award does not include an amount of childcare tax credit under regulation 46(1)(ab) .
9
In regulation 42(2) of the Disability Working Allowance Regulations after sub-paragraph (g) add —
h
that is made in respect of childcare costs pursuant to —
i
sections 5, 6 and 9 of the Learning and Skills Act 2000;
ii
section 4 of the Further Education and Higher Education (Scotland) Act 1992;
iii
Article 5 of the Further Education (Northern Ireland) Order 1997;
iv
the Education (Student Support) Regulations 2001;
v
the Students' Allowances (Scotland) Regulations 1999; or
vi
the Education (Student Support) Regulations (Northern Ireland) 2001;
provided that the claimant’s award does not include an amount of childcare tax credit under regulation 51(1)(aa) .
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2001 and shall come into force on 19th December 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Individual Savings Account Regulations 1998 and “regulation” means a regulation of the principal Regulations.
Amendment of the principal Regulations
3
1
Amend the principal Regulations as follows.
2
In regulation 7(2) after sub-paragraph (j) add —
k
investments which —
i
were held under a stocks and shares component on 28th November 2001,
ii
on that date were admitted to trading on a recognised stock exchange in an EEA State and were not listed by a competent authority in an EEA State for the purposes of Council Directive 2001/34 ,
iii
since that date have not ceased to be so admitted and have not become so listed,
iv
do not fall within any of the other sub-paragraphs of this paragraph, and
v
are not investments which, having fallen within any of those sub-paragraphs, have ceased so to fall on or after that date.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2001


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the National Blood Authority (Establishment and Constitution) Amendment Order 2001 and shall come into force on 29th May 2001.
2
In this Order —
“ the Order ” means the National Blood Authority (Establishment and Constitution) Order 1993 .
3
This Order extends to England and Wales.
Constitution of the Authority
2
Article 4 of the Order is amended by substituting, in sub-paragraph (1)(b), for the words “five members” the words “six members” and, in sub-paragraph (1)(d), for the words “four members” the words “five members”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
7th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Norfolk Primary Care Trust (Establishment) (Amendment) Order 2001 and shall come into force on 1st January 2002.
2
In this Order “ the Order ” means the Southern Norfolk Primary Care Trust (Establishment) Order 2000 ;
and “the trust” means the trust established by the Order.
Amendment of the Primary Care Trust Establishment Order
2
1
The Order shall be amended in accordance with the following paragraphs.
2
In the Schedule, in the entry for the District of South Norfolk there shall be deleted —
a
after “Diss Town”, “Ditchingham”;
b
after “Long Row”, “Marshland”;
c
after “Valley”, “Waveney”.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
19th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Lewes (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Lewes;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Lewes (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Lewes
2
1
The existing wards of the district shall be abolished
2
The district shall be divided into twenty-one wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Lewes
3
1
The ordinary elections of all councillors of the district of Lewes shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Chailey
4
1
The existing wards of the parish of Chailey shall be abolished.
2
The number of parish councillors to be elected for the parish of Chailey shall be eleven.
Wards of the parish of Lewes
5
1
The existing wards of the parish of Lewes shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Lewes Bridge, Lewes Castle and Lewes Priory; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Newhaven
6
1
The existing wards of the parish of Newhaven shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Newhaven Denton and Meeching, and Newhaven Valley; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Newhaven Denton and Meeching parish ward shall be eleven and for the Newhaven Valley parish ward shall be seven.
Wards of the parish of Peacehaven
7
1
The existing wards of the parish of Peacehaven shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Peacehaven East, Peacehaven North and Peacehaven West; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Peacehaven East and Peacehaven North parish wards shall be six, and for the Peacehaven West parish ward shall be five.
Wards of the parish of Seaford
8
1
The existing wards of the parish of Seaford shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Seaford Central, Seaford East, Seaford North, Seaford South and Seaford West; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be four.
Revocation
9
The District of Lewes (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Water Supply (Water Quality) (Amendment) Regulations 2001, and shall come into force on 5th September 2001.
2
The amendments specified in the Schedule to these Regulations shall apply in relation to the supply of water by water undertakers whose areas are not wholly or mainly in Wales.
3
Any reference in the Schedule to these Regulations to a numbered regulation is a reference to the regulation bearing that number in the Water Supply (Water Quality) Regulations 2000 .
Amendment of the Water Supply (Water Quality) Regulations 2000
2
The Water Supply (Water Quality) Regulations 2000 shall be amended in accordance with the Schedule to these Regulations.
Further amendment of the Water Supply (Water Quality) Regulations 1989
3
The Water Supply (Water Quality) Regulations 1989 shall be amended —
a
in regulation 29 (maintenance of records) , in paragraph (1)(f) —
i
by the substitution, for “regulation 13B”, of “regulation 13A”; and
ii
by the insertion, at the end, of “or regulation 29 of the Water Supply (Water Quality) Regulations 2000”; and
b
in Schedule 3, in Table 4B —
i
in the entry in column (2) in respect of the copper parameter, by the substitution, for “2.0μgCu/l”, of “2.0mgCu/l”; and
ii
by the substitution, for the last two entries, of the following entry —
Tetrachloroethene* }
Trichloroethene* }
10μg/l 25 25 10
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
8th August 2001


text:
Citation and commencement
1
This Order may be cited as the Norwich Community Health Partnership National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The The Norwich Community Health Partnership National Health Service Trust established by the Norwich Community Health Partnership National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
20th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Carers (Services) and Direct Payments (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations —
“ the Act ” means the Carers and Disabled Children Act 2000;
“the 1996 Act ” means the Community Care (Direct Payments) Act 1996; and
“the 1997 Regulations ” means the Community Care (Direct Payments) Regulations 1997 .
3
These Regulations extend to England only.
Services of an intimate nature and prescribed circumstances
2
1
For the purposes of section 2(3) of the Act a service delivered to the person cared for is of an intimate nature if it involves —
a
lifting, washing, grooming, feeding, dressing, bathing, toileting, administering medicines or otherwise having physical contact with the person cared for;
b
assistance in connection with washing, grooming, feeding, dressing, bathing, administering medicines or using the toilet; or
c
supervising him whilst he is dressing, bathing or using the toilet.
2
Where a service is being delivered to the person cared for and —
a
during the delivery of that service the person cared for asks the person delivering the service to provide a service of an intimate nature; or
b
the person cared for is in a situation in which he is likely to suffer serious personal harm unless a service of an intimate nature is provided to him and
i
the person cared for is unable to consent to the provision of that service, or
ii
the person providing the service reasonably believes it is necessary to provide that service because the likelihood of serious personal harm to the person cared for is imminent;
a service of an intimate nature may be provided.
Persons to whom direct payments may not be made
3
A person who comes within any one of the categories of people described in regulation 2(2) (b) to (n) of the 1997 Regulations is specified for the purposes of section 1(1)(b)(ii) of the 1996 Act.
Amendment of the 1997 Regulations
4
In regulation 2(1) of the 1997 Regulations for the words “section 1(1)(b) of the Act” there shall be substituted “section 1(1)(b)(i) of the Act”.
John Hutton
Minister of State, Secretary of State for Health
15th February 2001


text:
Citation and commencement
1
This Order may be cited as the Magistrates' Courts Committee Areas (Amendment) Order 2001 and shall come into force on 1st April 2001.
Magistrates' courts committee areas
2
For the Schedule to the Magistrates' Courts Committee Areas Order 1999 there shall be substituted the Schedule to this Order.
Signed by authority of the Lord Chancellor
Jane Kennedy,
Parliamentary Secretary
Lord Chancellor’s Department
Dated 5th March 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Derby College (Government) Regulations 2001, and shall come into force on 1st January 2002.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Derby College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Margaret Hodge
Minister of State,
Department for Education and Skills
27th November 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 2001 and shall come into force on 10th April 2001.
2
In these Regulations “the principal Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
3
These Regulations extend to England only.
Amendment of regulation 13 of the principal Regulations
2
In regulation 13(2)(c) and (g) of the principal Regulations (sight tests — eligibility) for “£70.00” on each occasion it appears there shall be substituted “£71.00”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
20th March 2001


text:
Citation and Interpretation
1
This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 1) Order 2001.
2
This Order applies only in relation to England.
3
In this Order, unless the context otherwise admits, references to sections and Schedules are references to sections of and Schedules to the Special Educational Needs and Disability Act 2001.
Appointed days
4
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 15th June 2001.
5
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order is 1st September 2001.
Estelle Morris
Secretary of State for Education and Skills
12th June 2001


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Amendment) (England) Regulations 2001 and shall come into force on 14th March 2001.
2
These Regulations shall apply to England only.
Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985
2
1
The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 shall be amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) —
a
in paragraph (1), for the definition of “the Minister”, there shall be substituted the following definition —
“the Minister” means —
in the case of any function exercised in relation to England on or before 13th March 2001, the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly;
in the case of any function exercised in relation to England on or after 14th March 2001, the Minister of Agriculture, Fisheries and Food;
in the case of any function exercised in relation to Wales on or before 30th June 1999, the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly;
in the case of any function exercised in relation to Wales on or after 1st July 1999, the National Assembly for Wales;
; and
b
in paragraph (2), after the words “so numbered in these regulations”, there shall be inserted the words “, as they apply in relation to England or as they apply in relation to Wales”.
3
In regulation 13 (processing of semen) —
a
for paragraph (1), there shall be substituted the following paragraph —
1
No person shall accept semen for processing unless —
a
it is submitted to him by a qualified person at the processing centre where the semen was collected;
b
it is delivered or consigned to him by a qualified person at a processing centre other than the processing centre where the semen was collected; or
c
the semen was collected in Scotland and it is delivered or consigned to him at a processing centre by a person who is a qualified person in accordance with the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985 .
; and
b
in paragraph (2), after the words “regulation 9”, there shall be inserted the words “or, if the semen was collected in Scotland, in accordance with the provisions of regulation 9 of the Artificial Insemination of Cattle (Animal Health) (Scotland) Regulations 1985”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
13th February 2001


text:
Citation and Commencement
1
This Order may be cited as the Rail Vehicle Accessibility (C2C Class 357/0 Vehicles) Exemption Order 2001 and shall come in to force on 1st January 2002.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Application
3
This order applies to the rail vehicles which are numbered 67651 to 67696, 74051 to 74096, 74151 to 74196 and 67751 to 67796 and which form the multiple-units numbered 357001 to 357046 of the class known as ‘class 357/0’ (“the exempted vehicles”) as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by LTS Rail Limited.
Exemption
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 5(1)(a), in so far as it relates to control devices which control doors in the side of an exempted vehicle;
b
regulation 5(3)(a) and (4), in so far as it relates to control devices which control doors in the ends of an exempted vehicle; and
c
regulation 8(1) and (5).
5
1
The exemption given by article 4(2)(a) in respect of regulation 5(1)(a) shall cease at the end of 31st December 2010.
2
The exemption given by article 4(2)(b) in respect of regulation 5(3)(a) and (4) shall cease at the end of 31st December 2011.
3
The exemption given by article 4(2)(c) in respect of regulation 8(1) shall cease at the end of 31st December 2005.
4
The exemption given by article 4(2)(c) in respect of regulation 8(5) shall cease at the end of 31st December 2002.
6
1
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than C2C Rail Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Revocation
7
The Rail Vehicle Accessibility (LTS Rail Class 357 Vehicles) Exemption Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
10th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Taunton Deane Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
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 Taunton Deane 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 1st January 2002 a Primary Care Trust to be called the Taunton Deane 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 Somerset 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 member 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 Somerset 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 Taunton and Somerset National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001