text:
Citation and commencement
1
These Regulations may be cited as the Home Energy Efficiency Scheme Regulations 1997 and shall come into force on 1st July 1997.
Interpretation
2
In these Regulations, —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the 1992 Regulations ” means the Home Energy Efficiency Grants Regulations 1992 ;
“area agency” means, except in paragraph (1) of regulation 3 and paragraphs 1 and 3 of Schedule 1, the person or the body of persons for the time being appointed and responsible for the locality in question under that regulation (the administering agency);
“energy advice” means advice on reducing or preventing the wastage of energy in a dwelling;
“materials-only application” means an application in which the applicant does not propose that a registered installer will carry out (or arrange for the carrying out of) the works in respect of which grant is sought;
“registered installer” means a person or body of persons for the time being appointed under paragraph 8 of Schedule 1 in respect of a locality (the network installer);
“works” means any of the works, materials or energy advice specified in regula- tion 5;
“works application” means an application in which the applicant proposes that a registered installer will carry out (or arrange for the carrying out of) the works in respect of which a grant is sought.
Area agencies
3
1
The Secretary of State may appoint a person or body of persons, known as an area agency, to perform in any area such functions as he may specify for the purpose of, or otherwise in connection with, the making of grants.
2
Schedule 1 shall have effect with respect to each area agency.
Persons who may apply for a grant
4
1
An application for a grant for works in respect of a dwelling may be entertained from a person who is the householder of the dwelling and lives in the dwelling as his only or main residence and who, at the time the application is made, —
a
has attained, or lives with his spouse who has attained, the age of 60;
b
is, or lives with his spouse who is, in receipt of a benefit to which paragraph 2 applies.
2
This paragraph applies to —
a
an attendance allowance, that is to say —
i
an attendance allowance under Part III to the 1992 Act;
ii
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act ;
iii
a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment;
iv
any payment based on need for attendance which is paid with a war disablement pension; or
v
any payment intended to compensate for the non-payment of a payment, allowance or pension mentioned in any of sub-paragraphs (i) to (iv) of this definition;
b
a disability living allowance (as provided for in Part III of the 1992 Act), a disability working allowance, council tax benefit, family credit, housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995 ); and
c
a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992 or under article 10 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 , so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917 , together with —
i
a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme) , or a payment intended to compensate for the non-payment of such a supplement, or
ii
a payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance).
3
For the purposes of this regulation, —
“householder” means a person who, alone or jointly with others, is —
a
in England and Wales, a freeholder or tenant, and “tenant” includes a sub-tenant and a person who has —
i
a protected occupancy or a statutory tenancy under the Rent (Agriculture) Act 1976 ;
ii
a statutory tenancy under the Rent Act 1977 ;
iii
a secure tenancy under Part IV of the Housing Act 1985 or an introductory tenancy under Chapter I of Part V of the Housing Act 1996 ;
iv
a licence to occupy which meets the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985 (almshouse licences); or
v
an assured agricultural occupancy under Part I of the Housing Act 1988 ; and
b
in Scotland, an owner or tenant and “owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes a sub-tenant and a person who —
i
is a statutory tenant under section 3(1) of the Rent (Scotland) Act 1984 ;
ii
has entered into a contract to which Part VII of that Act applies;
iii
has a licence to occupy a dwelling which, if the dwelling were situated in England and Wales, would meet the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985 (almshouse licences); or
iv
is a cottar within the meaning of section 12(5) of the Crofters (Scotland) Act 1993 ; and
“spouse” includes a person with whom the applicant lives as husband or wife.
Purposes for which a grant may be approved
5
1
A works application for a grant may be approved for not more than one of the following purposes —
a
to provide insulation in any accessible roof space in the dwelling, including the insulation of any cold water tank and any water supply, overflow and expansion pipes in such a space;
b
to provide insulation between the internal and external leaves of cavity walls of the dwelling;
c
to improve the energy efficiency of any space or water heating system installed in the dwelling;
d
to provide draught proofing to or in the dwelling together with additional means of ventilation for any rooms which would otherwise be inadequately ventilated after such provision.
2
Where a works application is approved for one of the purposes set out in paragraph (1), grant may also be approved for the provision of any of the following —
a
energy advice;
b
energy efficient lamps;
c
insulation to any water heating system or part of such system installed in the dwelling.
3
A materials-only application for a grant may be approved for any of the following —
a
the provision of insulation in any accessible roof space in the dwelling, including the insulation of any cold water tank and any water supply, overflow and expansion pipes in such a space;
b
the provision of energy efficient lamps;
c
the provision of insulation to any water heating system or part of such system installed in the dwelling,
save that no grant shall be made for purpose (b) or (c) alone.
4
No application shall be approved unless the dwelling and the subject-matter of each category of works mentioned in the application meets such conditions as may be specified from time to time by the area agency with the consent of the Secretary of State.
5
All works shall comply with such standards as to materials, workmanship, and energy-efficiency performance of the subject-matter of the works as may be laid down from time to time by the area agency with the consent of the Secretary of State.
6
For the purposes of this regulation, “roof space” means space between the roof of a dwelling and the ceiling of any room used or availble for use for the purpose of living accommodation, that space not being wholly separated from the roof by any other room.
Calculation of amount of grant
6
1
An area agency shall not pay a total amount of grant in respect of an application exceeding —
a
in the case of a works application, the amount properly charged for the works carried out or £315, whichever is the lesser, and
b
in the case of a materials-only application, the amount properly charged for the materials purchased for and used in the works carried out or £160, whichever is the lesser.
2
Subject to paragraph (1), an area agency shall have power, with the consent of the Secretary of State, to specify —
a
a maximum amount of grant which may be paid, and
b
a grant-calculation basis, expressed in terms of amounts per unit of measurement,
for any category or combination of categories of works.
3
Where the applicant qualifies for grant by virtue only of sub-paragraph (a) of regulation 4(1), the maximum amount of grant and the grant-calculation basis applicable to any category of works, and the maximum amount of grant payable in respect of the application, shall be one-quarter of the amount or basis which would otherwise apply.
Applications for grant
7
1
A works application for a grant shall be made for preliminary vetting to the registered installer (or one of the registered installers) for the locality in question who, in accordance with regulation 8, shall forward the application to the area agency.
2
A materials-only application shall be made to the area agency.
3
An application shall be in writing, signed either by the applicant or by a person specified or of a description specified by the area agency and shall be in such form, subject to paragraph (4), as is laid down by the area agency.
4
A form of application shall contain such particulars as may be specified from time to time by the area agency with the consent of the Secretary of State and shall include —
a
particulars of the works in respect of which the grant is sought;
b
a statement of the criteria of eligibility set out in regulation 4 which are fulfilled by the applicant;
c
i
in the case of a works application, the name of the proposed registered installer, and a declaration signed by or on behalf of that registered installer that any necessary permission for the works has been obtained; and
ii
in the case of a materials-only application, a statement that any necessary permission for the works has been obtained;
d
a statement that reasonable access to the dwelling in respect of which the application is made will be given to a representative of the area agency to inspect the dwelling and the works;
e
a statement that neither the applicant nor, to his knowledge, any other person has applied, or proposes to apply, for grant or assistance in respect of any of the works which are comprised in the application, or any works having the same or substantially the same purpose, under any of the following provisions or arrangements: —
i
the Homes Insulation Act 1978 ;
ii
section 521 of the Housing Act 1985 ;
iii
Part XIII of the Housing (Scotland) Act 1987 ;
iv
Part VIII of the Local Government and Housing Act 1989 ;
v
Chapter I or III of Part I of the Housing Grants, Construction and Regeneration Act 1996 ;
vi
a scheme operated by the Energy Saving Trust using monies paid under section 153(1) of the Environmental Protection Act 1990 ;
and
f
a statement that neither the applicant nor, to his knowledge, any other person has received or applied for grant or assistance under section 15 of the Social Security Act 1990 in respect of the dwelling which is the subject of the application.
Works applications: duties of registered installer
8
1
Where a works application complying with regulation 7 has been received by a registered installer, the registered installer shall consider whether there appears to be eligiblity for grant and compliance with any conditions applicable under regulation 5(4) to the dwelling and the subject-matter of the proposed works.
2
If not satisfied that there is eligibility for grant and compliance with any applicable conditions, the registered installer shall so notify the applicant in writing and shall forward the application promptly to the area agency for determination.
3
If satisfied that there is eligibility for grant and compliance with any applicable conditions, the registered installer shall decide whether, pending determination of the application by the area agency, he is prepared to carry out the works on the basis that, except in a case where the application for grant is not approved or the claim not paid by the area agency by reason of a material misrepresentation, the applicant shall be liable to pay in respect of the works only such amount as has been agreed in writing between the applicant and the registered installer before the making of the application as representing the amount by which the full cost of the works exceeds the amount of grant applied for.
4
If the registered installer is so prepared, he shall —
a
promptly notify the applicant in writing that he is prepared to carry out the works on the basis that, subject to the liability of the applicant as described in paragraph (3), he will, in the event that the area agency do not approve the application, make no claim against the applicant for the cost of that part of the works which would have been grant-aided had a grant been made; and
b
when the works have been completed, promptly send the application to the area agency for determination, endorsed with —
i
a claim for payment complying with regulation 10(2), and
ii
a signed and dated certificate that the applicant’s eligibility for grant, and the compliance of the dwelling as a whole and of the subject-matter of the proposed works with any conditions applicable under regulation 5(4), have been verified in accordance with such requirements as may be laid down from time to time by the area agency.
5
If the registered installer is not so prepared, he shall promptly send the application to the area agency for determination and notify the applicant in writing that he is awaiting determination of the application by the area agency.
6
In a case to which paragraph (2) or (5) applies, and where the area agency have approved and returned the application to the registered installer pursuant to regulation 9(4)(b)(ii), when the registered installer has completed the works, he shall promptly return the application, endorsed with a claim for payment complying with regulation 10(2), to the area agency.
7
For the purposes of this regulation, “material misrepresentation” means any representation made by or on behalf of the applicant in respect of any of the matters relating to eligibility for grant which is false in a material particular.
Works applications: approval by area agency
9
1
This regulation applies where an area agency receives a works application made in accordance with regulation 7 and forwarded by a registered installer in accordance with paragraph (2), (4) or (5) of regulation 8.
2
The area agency shall not approve an application to which paragraph (1) refers unless they are satisfied —
a
that the applicant is eligible for grant,
b
that any applicable conditions under regulation 5(4) are complied with, and
c
that a contract for the carrying out of the works which contains terms specified by the area agency (and no other terms) —
i
in the case of an application forwarded under regulation 8(4), has been entered into, and
ii
in any other case, will be entered into,
between the applicant and the registered installer.
3
If the area agency are satisfied as to the matters set out in paragraph (2), they shall determine whether there are or are likely to be sufficient funds to make payment of the grant.
4
Where the area agency approve the application, they shall promptly —
a
in the case of an application received pursuant to regulation 8(4)(b), notify the registered installer of the approval; and
b
in the case of an application received pursuant to regulation 8(2) or (5), —
i
notify the applicant and the registered installer of the approval, and
ii
return the application to the registered installer.
5
Where an area agency refuse the application, they shall promptly notify the applicant and the registered installer in writing of their refusal and of the reasons for their refusal.
Works applications: payment of grant by area agency
10
1
An area agency shall not pay a grant in respect of a works application unless —
a
the works in respect of which the grant was approved have been completed by the registered installer specified in the application, or by another registered installer approved by the area agency for the purpose of carrying out those works;
b
a claim in respect of those works complying with paragraph (2) accompanies the application; and
c
in a case in which the area agency have inspected the dwelling, they are satisfied that the works comply with the standards (if any) applicable under regulation 5(5) —
i
in a case to which regulation 8(4) applies, as at the date when the application was received by the registered installer, and
ii
in any other case, as at the date when the application was received by the area agency.
2
Subject to paragraph (3), a claim for payment of a grant arising out of a works application shall be in such form as is specified by the area agency and shall be endorsed upon the form of application (if any) specified by the area agency for that description of works application.
3
The claim for payment shall contain such particulars as may be specified by the area agency and shall include signed and dated declarations as follows: —
a
by the applicant (or a person specified or of a description specified by the area agency) and the registered installer, that the works have been carried out;
b
by the registered installer, that the works were not started before notice was given to the applicant in accordance with paragraph (4)(a) of regulation 8 or, in a case to which paragraph (2) or (5) of that regulation applies, to the applicant and the registered installer in accordance with regulation 9(4)(b)(i); and
c
by the registered installer, that the works comply with the standards (if any) applicable under regulation 5(5) —
i
in a case to which regulation 8(4) applies, as at the date when the application was received by the registered installer, and
ii
in any other case, as at the date when the application was received by the area agency.
4
Where the conditions for payment are satisfied, the area agency shall, within a reasonable time after the conditions for payment have been satisfied, pay the grant on behalf of the applicant to the registered installer.
5
Where the registered installer specified in the application has carried out the works but the condition set out in paragraph (1)(c) is not satisfied and the applicant arranges for another registered installer (“the second installer”) to complete the works so that that condition is satisfied, the area agency shall, within a reasonable time of that condition and the other conditions for payment having been satisfied, —
a
pay to the second installer the lesser of —
i
the amount properly charged for the works done by him, and
ii
the amount of grant calculated as required under regulation 6 for the works in question at the time they were carried out; and
b
pay to the registered installer specified in the application any balance after deducting the amount paid to the second installer from the amount of the grant calculated as required under regulation 6.
Materials-only applications: approval by area agency
11
1
An area agency shall not approve a materials-only application unless they are satisfied —
a
that the applicant is eligible for grant, and
b
that there is compliance with any conditions applicable under regulation 5(4) to the dwelling and the subject-matter of the proposed works.
2
The area agency shall give prompt written notification to the applicant as to whether the application has been approved and, if the application is refused, they shall at the same time notify him of their reasons for the refusal.
Materials-only applications: payment of grant by area agency
12
1
An area agency shall not pay a grant in respect of a materials-only application unless —
a
the works in respect of which the grant was approved have been completed;
b
a claim in respect of those works and complying with paragraph (2) has been made to the area agency;
c
the claim has been made within such period from the date on which the grant was approved as the area agency may specify; and
d
in any case where the area agency have inspected the dwelling, they are satisfied that the works comply with the standards (if any) applicable under regulation 5(5) as at the date when the application was made.
2
A claim for payment of a grant arising out of a materials-only application shall be made in such form as may be required by the area agency and shall contain a declaration signed and dated by the applicant or a person specified (or of a description specified) by the area agency that —
a
the works have been carried out; and
b
the works comply with the standards (if any) applicable under regulation 5(5) as at the date when the application was made.
3
Where the conditions for payment are satisfied, the area agency shall, within a reasonable time after the conditions have been satisfied, pay the grant to the applicant, provided that if the applicant so requests in writing the area agency may pay the grant to any person or body of persons authorised by him to receive the payment.
Area agencies’ powers of specification
13
An area agency’s powers of specification for the purposes of any of the following provisions of these Regulations, that is to say —
a
regulation 5(4) (conditions for works);
b
regulation 5(5) (standards of works);
c
regulation 6(2) (maximum amount of grant, and grant-calculation basis, for any category or categories of works);
d
regulation 7(3) (persons competent to sign works application on behalf of applicant, and form of works application);
e
regulation 7(4) (particulars to be contained in works application);
f
regulation 10(2) (works applications: form of, and particulars to be contained in, claim for payment of grant);
g
regulation 12(2) (materials-only applications: form of, and particulars to be contained in, claim for payment of grant),
may be exercised either in relation to their area generally or in relation to particular cases or descriptions of case, including different areas.
Revocations and transitional provisions
14
1
Subject to paragraph (2), the Regulations listed in Schedule 2 are hereby revoked.
2
Those Regulations shall continue to apply —
a
in any case where an application for a grant was made to a network installer (within the meaning of the 1992 Regulations) before 1st July 1997; and
b
in any case where an application for a grant was made to the administering agency for the area (within the meaning of the 1992 Regulations) before 1st July 1997 if a grant in respect of that application was approved before that date.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
10th March 1997
We consent,
Bowen Wells
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1997


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the General Lighthouse Authorities (Beacons: Maritime Differential Correction Systems) Order 1997 and shall come into force on 12th January 1998.
2
For the purposes of Part VIII of the Merchant Shipping Act 1995, all references to a beacon in the said Part VIII shall be construed as including equipment provided for broadcasts in the medium frequency range 283.5-315 khz from any transmitter situated in the United Kingdom where such equipment forms part of a maritime differential position-fixing, integrity monitoring and data carrying system based on real-time corrections to signals emanating from a global satellite system.
Signed by authority of the Secretary of State for Transport
Glenda Jackson
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
15th December 1997


text:
Citation and commencement
1
This Order may be cited as the Atomic Weapons Establishment Act 1991 Amendment Order 1997 and shall come into force on 1st July 1997.
Amendment
2
For paragraph 6 of the Schedule to the Act (which makes provision as to the application of the Nuclear Installations Act 1965 for the purpose of conferring privileges and immunities) there shall be substituted the following —
6
1
Any conditions which, by virtue of section 4 of the Nuclear Installations Act 1965, are attached to a nuclear site licence granted in respect of a site in designated premises used by a contractor, shall not apply to the extent that such conditions affect the design of a nuclear device or any other device (other than a nuclear reactor) intended to simulate the properties of a nuclear device.
2
If a nuclear site licence has been granted in respect of any site in designated premises used by a contractor, the provisions of that Act shall have effect as if any reference to the period of the licensee’s responsibility were a reference to any period during which the contractor occupies that site.
3
Section 6 of that Act (maintenance of list of licensed sites) shall not apply in relation to any site in designated premises used by a contractor in respect of which a nuclear site licence has been granted.
.
John Gilbert
Minister of State for Defence Procurement Ministry of Defence
30th May 1997


text:
1
These Regulations may be cited as the Local Government Reorganisation (Representation of the People) Regulations 1997 and shall come into force on 1st March 1997.
2
1
Section 6(2A) of the Representation of the People Act 1985 is amended as follows.
2
In paragraph (b), after “non-metropolitan county in England” there is inserted “for which there is a county council”.
3
After that paragraph there is inserted —
bb
both addresses are in the same parliamentary constituency in a non-metropolitan county in England for which there is no county council and, if either address is in a parish, both are in the same parish,
.
3
1
Section 9(5) of the Representation of the People Act 1985 is amended as follows.
2
In paragraph (b), after “non-metropolitan county in England” there is inserted “for which there is a county council”.
3
After that paragraph there is inserted —
bb
both addresses are in the same parliamentary constituency in a non-metropolitan county in England for which there is no county council and, if either address is in a parish, both are in the same parish,
.
Tom Sackville
Parliamentary Under Secretary of State
Home Office
23rd January 1997


text:
1
This Order may be cited as the Finance Act 1997, Schedule 10, (Appointed Day) Order 1997.
2
The day appointed for the purposes of paragraphs 7(1) and 16(1) and (2) of Schedule 10 to the Finance Act 1997 is 1st July 1997.
Roger Knapman
Richard Ottaway
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1997


text:
PART I
INTRODUCTORY
Title and commencement
1
These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 and shall come into force on 11th August 1997.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Act” means the Food Safety Act 1990;
“analysis” includes any technique for establishing the composition of an official sample;
“analyst” means the person having the management or control of an approved laboratory;
“animal” includes aquaculture animals;
“animal product” includes meat, meat products, processed products derived from animals, milk, honey and eggs;
“Annex IV substance” means a substance specified in Annex IV to the Council Regulation;
“appropriate Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
“approved laboratory” means —
a laboratory approved by the appropriate Minister for the purposes of Council Directive 96/23; or
any laboratory under the direction or control of a public analyst appointed in accordance with section 27 of the Act;
“authorised officer” means any person (whether or not an officer of an enforcement authority) who is authorised in writing by that authority, either generally or specially, to act in matters arising under these Regulations;
“carcase” means —
the whole body of a slaughtered animal (other than an uneviscerated bird) after bleeding and dressing; or
the whole body of a slaughtered uneviscerated bird after bleeding;
“commercial operation”, in relation to an animal or batch of animals, means any of the following, namely —
selling, possessing for sale and offering, exposing or advertising for sale;
consigning or delivering by way of sale;
storing or transporting for the purpose of sale;
slaughtering or deriving food from it for the purpose of sale or for purposes connected with sale; and
importing and exporting;
“Council Directive 96/22” means Council Directive 96/22/ EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and replacing Directives 81/602/ EEC , 88/146/EEC and 88/299/EEC ;
“Council Directive 96/23” means Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC ;
“the Council Regulation” means the Regulation specified in Schedule 1;
“enforcement authority”, subject to regulation 22(8) means, for the purposes of regulations 12, 20, 21, 22 and 23(1)(b), the Ministers and, except for the purposes of regulations 12, 20, 21 and 23(1)(b), means the Ministers and —
where enforcement is in relation to food or food sources, a food authority within its area; and
where enforcement is other than in relation to food or food sources, a local authority within its area;
“examination” includes a physical examination of an animal or animal product or other article or substance and the taking, and any analysis of, an official sample;
“farm of origin”, in relation to an official sample taken from any animal or animal product means —
where the official sample was taken at a farm, that farm;
where the official sample was taken at any other place, the last farm on which the animal from which the sample was taken or derived was kept before being taken to that place;
“hormonal substance” means any substance within either of the following categories —
stilbenes and thyrostatic substances;
substances with oestrogenic, androgenic or gestagenic action;
“local authority” means —
in relation to England —
as respects the City of London (including the Temples) the Common Council;
as respects the Inner Temple or the Middle Temple, the appropriate Treasurer;
as respects the Isles of Scilly, the Council of the Isles of Scilly;
as respects any part of England other than the City of London, the Inner Temple, the Middle Temple or the Isles of Scilly —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for the local government area, that authority;
where there is no such unitary authority, the council of each London borough, district or non-metropolitan county as appropriate;
in relation to Wales, the council of each county or county borough;
in relation to Scotland, each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“marketing authorisation” means a marketing authorisation within the meaning of the Marketing Authorisations Regulations or a product licence granted under the Medicines Act 1968 ;
“the Marketing Authorisations Regulations” means the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“maximum residue limit” means, in relation to a concentration of a substance specified in the first column of Annex I or Annex III to the Council Regulation in the tissues or body fluids of an animal or in an animal product, the limit specified in the fourth column opposite the reference to that substance and the applicable animal species specified in the third column, where the substance is contained in the part of the animal specified opposite it in the fifth column or in an animal product derived from that part of the animal;
“offal” means meat other than that of the carcase whether or not naturally connected to the carcase;
“official sample” means a sample taken by an authorised officer for analysis for the purpose of these Regulations which bears a reference to the type, the amount or quantity concerned and the method of collection and, in the case of an animal or animal product, the species and, where appropriate, particulars identifying the sex and origin of the animal;
“owner” includes, in relation to any animal, batch of animals or premises, the person in charge of such animal, batch of animals or premises, and in relation to any animal product the person in possession of such product;
“possession” in relation to any farm animal or aquaculture animal does not include possession under official control;
“primary analysis” means an analysis of an official sample carried out by an approved laboratory;
“primary analysis certificate” means an analyst’s certificate specifying the finding of a primary analysis;
“prohibited substance” means any beta-agonist or hormonal substance administered to an animal contrary to the prohibition in regulation 5;
“reference analysis” means an analysis carried out by an approved laboratory to check the finding of a primary analysis;
“reference analysis certificate” means an analyst’s certificate specifying the finding of a reference analysis;
“sale” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;
“unauthorised substance” includes Annex IV substances, prohibited substances and unlicensed substances;
“unlicensed product” means a veterinary medicinal product, other than one which is or contains a beta-agonist or hormonal substance, in respect of which there is, in the United Kingdom, neither —
any current marketing authorisation authorising its sale or supply for administration to an animal or batch of animals; nor
any current animal test certificate, within the meaning of section 32 of the Medicines Act 1968, authorising its administration to an animal or batch of animals;
“unlicensed substance” means a substance, other than a hormonal substance, beta-agonist or Annex IV substance which, if transmitted to an animal product, would be likely to be harmful to human health and which has been administered or is intended for administration in the United Kingdom to an animal or batch of animals or, which has been administered to an animal in a member State of the European Community other than the United Kingdom and at the time of administration neither that substance, nor any product containing it, was authorised for use in that animal in that State;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register;
“withdrawal period”, in relation to a veterinary medicinal product administered to an animal or batch of animals, means the period, specified in a current veterinary medicinal product licence or marketing authorisation relating to the product or (in the absence of any such specification) specified in a prescription given by a veterinary surgeon in respect of the administration of the product, which is required to elapse from the cessation of the medication of the animal or batch of animals with the product to the slaughter of the animal or batch of animals for human consumption or to the taking of animal products derived from the animal or batch of animals for human consumption.
2
For the purpose of ascertaining whether the maximum residue limit has been exceeded for the purposes of these Regulations, the presence of the drug or drug metabolite (or combination thereof) specified in the second column of Annex I or III to the Council Regulation opposite the reference to each substance specified in the first column of those Annexes shall be taken to indicate the presence of that substance in that part of an animal or batch of animals, or in any animal product derived from that part of an animal or batch of animals, specified in the fifth column of such Annex I or III, opposite the reference to that substance and the maximum residue limit specified in the fourth column of such Annex I or III opposite the reference to that substance shall then apply in respect of the presence in such part of an animal or batch of animals, or in any animal product derived from such part of an animal or batch of animals, of any such drug or drug metabolite (or combination thereof) as if it were that substance.
3
Other expressions used in these Regulations and in Council Directive 96/22, Council Directive 96/23 or the Council Regulation have, in so far as the context admits, the same meaning as they bear in those Directives or that Regulation, as appropriate.
4
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
PROHIBITIONS AND EXCEPTIONS
Prohibition of the sale of stilbenes, thyrostatic substances or beta-agonists
3
1
No person shall sell, for administration to an animal, any —
a
stilbene or thyrostatic substance; or
b
product which contains a stilbene or thyrostatic substance.
2
Subject to paragraph (3) below, no person shall sell any beta-agonist, or any product which contains a beta-agonist, for administration to an animal which is, or any animal product of which is, intended for human consumption.
3
The prohibition in paragraph (2) above shall not apply to the sale of a product which is, or which contains, a beta-agonist if that product complies with the requirements of sub-paragraphs (a) and (b) of regulation 25(1) and is for administration in accordance with regulation 27.
4
If sold, any stilbene, thyrostatic substance or beta-agonist or any product which contains a stilbene, thyrostatic substance or beta-agonist, which is capable of being used for administration to animals shall be presumed, until the contrary is proven, to have been sold for administration to an animal and in the case of the sale of a beta-agonist or a product which contains a beta-agonist, that animal or an animal product derived therefrom shall, if that animal or animal product, as appropriate, is commonly used for human consumption, be presumed to be intended for human consumption.
Prohibition of possession of beta-agonists or hormonal substances
4
1
No person shall be in possession of any beta-agonist or hormonal substance unless —
a
subject to paragraph (3) below, it is, or is contained in, a product which complies with the requirements of regulation 25 and is for the purposes of administration in accordance with regulation 26, 27 or 28; or
b
that person is the holder of a manufacturer’s or wholesale dealer’s licence granted under section 8 of the Medicines Act 1968 and is in possession of it for the purposes of a marketing authorisation relating to a product which is to contain that beta-agonist or hormonal substance.
2
No person shall be in possession of any product which contains a beta-agonist or hormonal substance unless —
a
that person is the holder of a marketing authorisation which authorises the placing on the market of that product;
b
that person is the holder of a manufacturer’s or wholesale dealer’s licence granted under section 8 of the Medicines Act 1968 and is in possession of it for the purpose of the marketing authorisation relating to it; or
c
subject to paragraph (3) below, it complies with the requirements of regulation 25 and is for the purposes of administration in accordance with regulation 26, 27 or 28.
3
No person, other than a veterinary surgeon, shall, on a farm, be in possession of a beta-agonist, or any product containing a beta-agonist which, if administered to an animal, could be for induction purposes in the treatment of tocolysis.
Prohibition of administration to animals of beta-agonists or hormonal substances
5
1
Subject to paragraph (2) below, no person shall administer or knowingly cause or permit to be administered to an animal any —
a
beta-agonist or hormonal substance; or
b
product which contains a beta-agonist or hormonal substance.
2
The prohibition in paragraph (1) above shall not apply to the administration of a product which is, or which contains, a beta-agonist or a hormonal substance if that product complies with the requirements of regulation 25 and is administered in accordance with regulation 26, 27 or 28, as appropriate.
Prohibition of administration to animals of unlicensed substances or products
6
1
If any person contravenes the prohibition in Article 14 of the Council Regulation on the administration to food-producing animals of veterinary medicinal products containing pharmaco logically active substances which are not mentioned in Annexes I, II or III of the Council Regulation he shall be guilty of an offence.
2
Subject to paragraph (3) below, no person shall administer or knowingly cause or permit to be administered to an animal any unlicensed substance or unlicensed product.
3
Nothing in paragraph (2) above shall prohibit the administration of any veterinary medicinal product in accordance with an exemption specified in regulation 4 or 5 of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994 .
Prohibition of administration to animals of Annex IV substances
7
If any person contravenes the prohibition in Article 5 of the Council Regulation on the administration of Annex IV substances to food-producing animals he shall be guilty of an offence.
Prohibition of possession or slaughter of animals and of processing
8
1
No person shall slaughter or otherwise be in possession on a farm of an animal intended for use for human consumption to which there has been administered, which contains, or in which the presence has been established of, any beta-agonist or hormonal substance.
2
No person shall process the meat of an animal intended for human consumption where that animal contains or the presence in has been established of, or to which there has been administered, any beta-agonist or hormonal substance.
3
Any animal slaughtered or in the possession of a person on a farm which is commonly slaughtered or possessed for use for human consumption shall be presumed, until the contrary is proven, to have been slaughtered or possessed for such use and an animal commonly used for human consumption from which meat is processed shall be presumed, until the contrary is proven, to be an animal for such use.
Prohibition of the sale of animals
9
1
No person shall sell, or supply for slaughter, for human consumption any animal —
a
which contains or to which there has been administered an unauthorised substance or product;
b
which contains an authorised substance in any of its tissues at a concentration exceeding the relevant maximum residue limit; or
c
if the withdrawal period in relation to the product administered to that animal has not expired.
2
Subject to paragraph (3) below, no person shall sell an animal not intended for human consumption which contains, or in which the presence is established of, any beta-agonist or hormonal substance.
3
Nothing in paragraph (2) above shall prohibit the sale of any —
a
high-value horse which contains, or in which there is present, a beta-agonist or hormonal substance which is, or was contained in, a product which complies with regulation 25 and was administered in accordance with regulation 26 or 27;
b
animal, other than a high-value horse, for breeding purposes which contains, or in which there is present, a beta-agonist or hormonal substance which is, or was contained in, a product which complies with regulation 25 and was administered in accordance with regulation 26, 27 or 28.
Prohibition of the sale of animal products
10
1
No person shall sell for human consumption any animal product derived from an animal the sale or supply for slaughter of which is prohibited under regulation 9.
2
No person shall sell for human consumption any animal product which contains —
i
an unauthorised substance; or
ii
an authorised substance at a concentration exceeding the relevant maximum residue limit.
Prohibition of disposal of slaughtered animal or batch of animals
11
Where an animal or batch of animals has been slaughtered under regulation 22, no person shall dispose of the carcase or offal of that animal or of any animal of that batch of animals, or any part of such carcase or offal, for human or animal consumption.
Exception to prohibition on slaughter
12
1
Notwithstanding the prohibition on slaughter of an animal or batch of animals by notice given in accordance with regulation 22(4), that animal or batch of animals may be slaughtered before the withdrawal of such notice if the owner of that animal or batch of animals complies with the following paragraphs of this regulation.
2
Notice of the proposed date and place of slaughter shall be given to an authorised officer before that date.
3
The animal or batch of animals, marked, or caused to be marked, by an authorised officer under regulation 21(2)(c), shall be accompanied to the place of slaughter by a certificate issued by an authorised officer identifying the animal or batch of animals and the farm of origin.
4
After slaughter any animal product derived from the animal or from an animal of that batch of animals shall be retained in such place and manner as an authorised officer may specify, while it is subjected to such examination as an authorised officer may reasonably consider necessary.
5
Where the examination (the result of which shall be given by an authorised officer to the owner by notice in writing) confirms that any animal product referred to in paragraph (4) above contains an authorised substance at a concentration exceeding the relevant maximum residue limit, the animal product shall be disposed of for a purpose other than human consumption.
PART III
SAMPLING AND ANALYSIS
Procurement of samples
13
An authorised officer may —
a
take a sample of any article or substance which is found by him on or in any premises which he is authorised to enter and which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations; and
b
take a sample from any animal, whether or not intended for human consumption, which is found by him on or in any such premises.
Primary analysis of official samples
14
1
An official sample shall be submitted for analysis at an approved laboratory and dealt with in accordance with paragraph (2) or (3) below.
2
Except where the official sample is of a kind described in paragraph (3) below, part of that sample shall be subjected to a primary analysis, the remainder being retained for any reference analysis.
3
Where the official sample contains the remains of any solid implant or injection site, the analyst shall prepare an extract of such implant or injection site and subject part of that extract to a primary analysis, the remainder of the extract being retained for any reference analysis.
Results of primary analysis
15
1
Where the primary analysis shows that an official sample, or in the case of such a sample containing the remains of a solid implant or injection site, such remains of solid implant or injection site, contains —
a
an unauthorised substance;
b
a substance which an analyst reasonably suspects may be an unauthorised substance;
c
in the case of a sample taken from an animal or batch of animals, its excrement or body fluids or from its tissues, an authorised substance at a concentration which is notified to the analyst by an authorised officer as one which causes him reasonably to suspect that an animal product derived from that animal or batch of animals may contain an authorised substance at a concentration exceeding the relevant maximum residue limit; or
d
in the case of a sample taken from any animal product, an authorised substance at a concentration exceeding the relevant maximum residue limit,
the analyst shall give a primary analysis certificate to an authorised officer who shall then give this to the relevant person.
2
Where the primary analysis does not show anything requiring a primary analysis certificate to be given under paragraph (1) above, the analyst shall notify an authorised officer of that fact and the authorised officer shall then notify the relevant person.
3
For the purposes of this regulation and regulations 16 and 17 “relevant person” means the owner of the animal, batch of animals, animal product or other article or substance from which the sample was taken or the owner of the premises where the sample was taken.
Reference analysis
16
1
The finding specified in the primary analysis certificate shall be referred by an authorised officer to an approved laboratory for a reference analysis together with the remainder of the official sample retained by the analyst in accordance with regulation 14(2) or 14(3), as appropriate, if —
a
the finding shows that the official sample, whether or not an extract of any solid implant or injection site, contains a substance which is specified under the heading ‘Group A’ in Annex 1 to Council Directive 96/23; or
b
an authorised officer in any event so decides.
2
The analyst shall give a reference analysis certificate to an authorised officer who shall then give this to the relevant person.
3
The relevant person may, on the basis of a contradictory analysis and by notice in writing served on an authorised officer, challenge the finding specified in a primary analysis certificate in relation to an official sample at any time before that sample, or part thereof, is referred for a reference analysis.
4
Where, in accordance with paragraph (3) above, the relevant person challenges the finding specified in a primary analysis certificate he shall be liable for the costs of any reference analysis which confirms the finding specified in that certificate.
Notification to analyst
17
1
An authorised officer who submits to an approved laboratory a sample for primary analysis shall inform the analyst of that approved laboratory of the name and address of the relevant person.
2
An authorised officer who refers to an approved laboratory a finding specified in a primary analysis shall inform the analyst of that approved laboratory of the name and address of the relevant person.
Methods of analysis
18
The analysis of an official sample shall be carried out —
a
in relation to a primary analysis, in accordance with methods authorised by Commission Decision 93/256/EEC , and
b
in relation to a reference analysis, in accordance with methods authorised by Commission Decision 93/257/EEC .
Certificates of analysis
19
1
Any certificate given by an analyst under these Regulations —
a
shall be signed by the analyst; and
b
shall specify the name of the authorised officer who submitted the sample for analysis and the name and address of the enforcement authority of which he is an officer.
2
In any proceedings under these Regulations, the production by one of the parties —
a
of a document purporting to be a certificate given by an analyst under paragraph (1) above; or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a) above, the other party requires the analyst to be called as a witness.
Inspection of an animal or batch of animals
20
An authorised officer may, by notice in writing reasonably given to the owner of an animal or batch of animals, require him to detain the animal or batch of animals at the place where it then is, or to remove it to such other place as is specified in the notice and detain it there, to enable the animal or batch of animals to be inspected by an authorised officer for the purpose of ascertaining whether there is present in it an unauthorised substance or a residue of an authorised substance which an authorised officer reasonably suspects may result in any animal product derived from that animal or batch of animals containing an authorised substance at a concentration exceeding the relevant maximum residue limit or whether or not any withdrawal period has expired.
Examination of an animal or batch of animals
21
1
If it appears to an authorised officer, as a result of an inspection carried out for the purposes referred to in regulation 20, that any animal or batch of animals may contain an unauthorised substance or a residue of an authorised substance which he reasonably suspects may result in any animal product derived from that animal or batch of animals containing an authorised substance at a concentration exceeding the relevant maximum residue limit or that the withdrawal period in relation to any animal has not expired, an authorised officer shall have the powers specified in paragraph (2) below in relation to such an animal or batch of animals.
2
An authorised officer may —
a
give notice in writing to the owner of the animal or batch of animals that, until the notice is withdrawn by a further notice in writing —
i
no commercial operations are to be carried out with respect to the animal or batch of animals;
ii
the animal or batch of animals is not to be moved from the place where it then is or is not to be so moved except to a place specified in the notice; and
iii
no animal, other than one within sub-paragraph (ii) above, shall be moved from the farm of origin except as specified in the notice;
b
subject the animal or batch of animals to such examinations for the presence of substances or residues as the authorised officer may reasonably consider to be necessary;
c
paint, stamp, clip, tag or otherwise mark, or cause to be marked, the animal or batch of animals in order to identify it for the purposes of these Regulations.
Notice on completion of examination
22
1
On completion of an examination specified in regulation 21(2)(b), an authorised officer shall give notice in writing to the owner of the animal or batch of animals in accordance with the following paragraphs of this regulation.
2
Where such an examination shows that an animal or batch of animals does not contain any unauthorised substance or the residue of any authorised substance at a concentration likely to result in any animal product derived from that animal or batch of animals having a concentration of the substance exceeding the relevant maximum residue limit or where an authorised officer considers that such an examination is unnecessary the notice shall so declare and shall withdraw any notice served on the owner of the animal or batch of animals under regulation 21(2)(a) in so far as it relates to that animal or batch of animals.
3
Where the examination shows that an animal or batch of animals contains a prohibited substance, an unlicensed substance or an Annex IV substance the notice shall so declare, shall specify the result of the examination and shall require the owner of the animal or batch of animals to slaughter the animal or batch of animals, or to cause it to be slaughtered, within such a period and in accordance with such requirements as may be specified in the notice.
4
Where the examination shows that an animal or batch of animals contains a concentration of an authorised substance which an authorised officer reasonably suspects may result in any animal product derived from that animal or batch of animals having a concentration of that substance exceeding the relevant maximum residue limit, the notice shall so declare, shall specify the result of the examination and shall, subject to regulation 12, prohibit the slaughter of that animal or batch of animals for human consumption.
5
A notice given in accordance with paragraph (4) above prohibiting the slaughter of any animal or batch of animals may at any time be withdrawn by a further notice in writing given by an authorised officer to the owner of the animal or batch of animals and a notice given in accordance with paragraph (4) above shall be so withdrawn as soon as an authorised officer is satisfied that the animal or batch of animals does not contain a concentration of an authorised substance which may result in any animal product derived from the animal or batch of animals having a concentration of that substance exceeding the relevant maximum residue limit.
6
If any person on whom a notice has been served under paragraph (3) above fails to comply with the requirements of the notice relating to the slaughter of an animal or batch of animals, an authorised officer may, without prejudice to any proceedings arising out of such default, slaughter, or cause to be slaughtered, that animal or batch of animals.
7
The enforcement authority may make a charge of an amount equal to the amount of expenses reasonably incurred by the authorised officer in the exercise of the powers conferred on him under —
a
regulation 21(2), if paragraph (3) or (4) above applies; or
b
paragraph (6) above.
8
The charge referred to in paragraph (7) above shall be payable by the person in default and shall be recoverable by the enforcement authority which shall be the appropriate Minister determined according to where exercise of the powers in regulation 21(2) or paragraph (6) above, as appropriate, takes place.
PART IV
OFFENCES AND PENALTIES
Offences, penalties and enforcement
23
1
A person shall be guilty of an offence if he —
a
contravenes regulation 3, 4, 5, 6(2), 8, 9, 10, 11, 32(1), (2), (3), (4) or (5) or any provision of a notice given to him under these Regulations; or
b
without the consent in writing of an authorised officer, defaces, obliterates or removes any marking made under regulation 21(2)(c) or attempts to do so.
2
A person guilty of an offence under paragraph (1) above or regulation 6(1) or 7 is liable on summary conviction to a fine not exceeding level 5 on the standard scale or on conviction on indictment to a fine.
3
Each enforcement authority shall enforce these Regulations and shall give such assistance and information to each other enforcement authority as that other enforcement authority reasonably requires for the purpose of its duties under these Regulations.
4
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
5
No prosecution for an offence under paragraph (1) above or regulation 6(1) or 7 shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Defences and exceptions
24
1
In any proceedings for an offence alleging a contravention of paragraph (1) or (2) of regulation 4 it shall be a defence for the person charged to prove that the beta-agonist or hormonal substance, or product containing the beta-agonist or hormonal substance, the possession of which is alleged is intended for purposes other than administration to an animal.
2
In any proceedings for an offence alleging a contravention of regulation 8(1) it shall be a defence for the person charged to prove that the beta-agonist or hormonal substance, as appropriate, contained or present in the animal, or which has been administered to the animal was, or was contained in, a product which complies with the requirements of regulation 25 and was administered in accordance with regulation 26, 27 or 28.
25
1
A product which is, or which contains, a beta-agonist or hormonal substance complies with the requirements of this regulation if —
a
a marketing authorisation has been issued in relation to it;
b
in the case of a product which is, or which contains, a beta-agonist, it has a withdrawal period of less than 28 days after the end of treatment; and
c
in the case of a product which is, or which contains, a hormonal substance, it is not a product which falls within paragraph (2) below.
2
A product falls within this paragraph if it —
a
acts as a deposit;
b
has a withdrawal period of more than 15 days after the end of treatment; or
c
was authorised before 1st January 1995, has no known conditions of use and for which no reagents or equipment exists for use in the analytical techniques for detecting the presence of residues in excess of the prescribed limits.
26
1
Administration is in accordance with this regulation if —
a
it is of a veterinary medicinal product containing oestradiol 17β, testosterone or progesterone or a derivative of any of these substances which readily yields the parent compound or hydrolysis after absorption at the site of application; and
b
it is carried out for a therapeutic purpose on a clearly identified farm animal by a veterinary surgeon, who makes an appropriate record of the treatment, by injection or for the treatment (other than by implant) of ovarian dysfunction in the form of vaginal spirals.
2
For the purposes of paragraph (1)(b) above and regulation 28(c) “appropriate record”means the entry in a register of the following details —
a
type of treatment;
b
the type of products authorised or prescribed;
c
the date of treatment;
d
the identity of the animals treated; and
e
any applicable withdrawal period.
27
Administration is in accordance with this regulation if carried out —
a
for a therapeutic purpose, on an animal other than a production animal by, or under the direct responsibility of, a veterinary surgeon and is of a veterinary medicinal product containing —
i
allyl trenbolone which is administered orally and in accordance with manufacturers' instructions; or
ii
beta-agonists which are administered in accordance with manufacturers' instructions to equidae or to a pet; or
b
by a veterinary surgeon of a veterinary medicinal product containing beta-agonists which is administered in the form of an injection for the purpose of inducing tocolysis in a cow when calving.
28
Administration is in accordance with this regulation if —
a
it is of a veterinary medicinal product having an oestrogenic, androgenic or gestagenic action for the purpose of zootechnical treatment of a clearly identified animal other than a production animal;
b
it is carried out, in the case of the synchronisation of oestrus or the preparation of donors or recipients for the implantation of embryos by, or under the direct responsibility of a veterinary surgeon, and in any other case, by a veterinary surgeon;
c
the veterinary surgeon who carries out, or who is responsible for, the administration makes an appropriate record of the treatment and makes out a non-renewable prescription specifying the treatment in question and the quantity of the product required; and
d
in the case of the treatment of aquaculture animals for the purpose of sex inversion, it is of a veterinary medicinal product having an androgenous action and carried out on fish aged 3 months or less.
29
In any proceedings for an offence under regulation 10 it shall be a defence for the person charged to prove —
a
that the animal product in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the animal product complies with that legislation; and
b
in the case of intended export to an EEA State, that the legislation complies with the provisions of Council Directive 96/22 and Council Directive 96/23.
PART V
MISCELLANEOUS
Responsibilities of processors
30
The owner of an establishment of initial processing of animal products shall, in respect of each animal or animal product brought into that establishment, ensure that —
a
it does not contain —
i
a residue level which exceeds the maximum permitted limit;
ii
any unauthorised substance or product; and
b
any appropriate withdrawal period has been observed.
31
It is hereby declared that a person shall not be entitled to rely on the defence provided by section 21(1), (5) and (6) of the Act, as applied by regulation 34, in any proceedings alleging a contravention of regulation 8 or 10 if he has contravened regulation 30.
Keeping and retention of records
32
1
A person engaged by way of business in the rearing, production or treatment of animals intended for human consumption, or in a business in the course of which any commercial operation is carried out with respect to animals intended for human consumption, shall keep a record of particulars relating to the administration of any veterinary medicinal product to such animals or batch of animals which record shall be made as soon as practicable after administration and shall include the following information —
a
date of administration;
b
identity and quantity of the veterinary medicinal product;
c
name and address of the supplier of the veterinary medicinal product;
d
identification of the animal or batch of animals to which the veterinary medicinal product was administered.
2
The owner of an establishment of initial processing of animal products shall keep such records as are sufficient, either alone or in combination with records or information held by some other person, to enable the animals from which those animal products were derived, and the farm of origin or departure of those animals, to be identified.
3
The persons referred to in paragraph (1)(b) and sub-paragraphs (a) and (b) of paragraph (2) of regulation 4 shall, in relation to hormonal substances and beta-agonists, keep a record in chronological order of —
a
quantities produced;
b
quantities purchased or otherwise acquired and from whom each quantity was purchased or acquired;
c
quantities sold and to whom each quantity was sold; and
d
quantities used in the production of pharmaceutical or veterinary medicinal products.
4
Any person required to keep a record by paragraph (1), (2) or (3) above shall keep that record in a permanent and legible form and shall retain that record for a period of three years from the end of the calendar year to which such record relates save in the case of a prescription intended to show that withdrawal periods have been observed which shall be retained for a period of five years from the date of the commencement of the withdrawal period to which it relates.
5
Subject to paragraph (6) below if an authorised officer directs a person to produce for inspection a record which paragraph (1), (2) or (3) above requires him to keep, he shall comply with the direction.
6
No direction may be given under paragraph (5) above after the end of the period mentioned in paragraph (4) above.
7
The requirement in paragraph (4) above to keep records in a legible form is not to be taken to prevent their being kept by means of computer.
8
Where a record is so kept, the duty under paragraph (5) above to produce it for inspection, is a duty to produce it in a form in which it can be taken away.
Suspension or revocation of manufacturers' licences
33
The powers of suspension or revocation of a manufacturer’s licence given by section 28 of the Medicines Act 1968 shall additionally be exercisable by the licensing authority within the meaning of section 6 of that Act in accordance with Article 25 of Council Directive 96/23 in circumstances where the holder of the licence is in possession of, uses or manufactures, unauthorised substances or products, and the relevant provisions of Schedule 2 to that Act shall apply accordingly.
Application and modification of provisions of the Food Safety Act 1990
34
1
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in them to that Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21(1), (5) and (6) (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 33 (obstruction etc. of officers);
g
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2); and
h
section 36 (offences by bodies corporate).
2
Section 9 of the Act (inspection and seizure of suspected food) shall, subject to paragraph (3) below, apply for the purposes of these Regulations as if an animal product which it is an offence to sell under these Regulations were food which failed to comply with food safety requirements.
3
Section 9 of the Act shall apply with the following modifications —
a
for the words “food authority” in each place where they occur there shall be substituted the words “enforcement authority”; and
b
the reference in sub-section (5)(a) to sections 7 and 8 of the Act shall be construed as a reference to these Regulations.
4
Section 29 of the Act (procurement of samples) shall apply subject to the modification that for the words “section 32 below” in sub-section (a)(ii) there shall be substituted the words “these Regulations”.
5
Section 30 of the Act (analysis etc. of samples) shall apply subject to the modification that after the words “section 29 above” there shall be inserted the words “, other than an official sample,”.
6
Section 32 of the Act (powers of entry) shall apply with the omission of the word “food”in sub-section (5) and the references to “regulations” in sub-section (1) shall, for the purposes of these Regulations, be construed as including a reference to Articles 5 and 14 of the Council Regulation.
7
Section 44 of the Act (protection of officers acting in good faith) shall apply subject to the modification that for the words “food authority” in each place where they occur there shall be substituted the words “enforcement authority”.
Amendments
35
1
In the Food Safety (Sampling and Qualifications) Regulations 1990 in Schedule 1 (provisions to which these regulations do not apply) the title of the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991 in the left hand column and their reference in the right hand column shall be deleted and at the end of that Schedule there shall be added in the left hand column the title of these Regulations and against it in the right hand column their reference.
2
In the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations 1995 in paragraph (1) of regulation 2 (interpretation) for the definition of “the Residues Regulations” there shall be substituted the following —
“the Residues Regulations ” means the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997;
.
3
In the Fresh Meat (Hygiene and Inspection) Regulations 1995 in paragraphs (n) and (p) of paragraph 1(1) of Schedule 9 (slaughter and dressing practices — requirements applicable in slaughterhouses and farmed game processing facilities) for the words “the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991” there shall be substituted “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997”.
4
In the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 in paragraph 5 of Part I (general requirements) of Schedule 9 (post-mortem health inspection) for the words “Group A III and Group B I(a) and (c) and II(a) of Annex I to Directive 86/469/EEC , as amended by Decision 89/187/EEC ” there shall be substituted the words “Group A (1), (2), (3), (4), (5) and (6) and Group B (1), (2)(a), (b), (c) and (e) and (3)(a), (c) and (d) of Annex I to Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC ”.
5
In the Dairy Products (Hygiene) Regulations 1995 and the Dairy Products (Hygiene) (Scotland) Regulations 1995 in paragraph 1(e) of Part I (animal health standards) of Schedule 3 (requirements for raw milk) for the words “Council Directive 81/602/EEC concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action, as amended, and Council Directive 88/146/EEC prohibiting the use in livestock farming of certain substances having a hormonal action” there shall be substituted the words “Council Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC , 88/146/EEC and 88/299/EEC ”.
Revocations
36
The Regulations specified in columns 1 and 2 of Schedule 2 shall be revoked to the extent specified in column 3 of that Schedule.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
15th July 1997
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
16th July 1997
Signed by the authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
18th July 1997
Sewel
Parliamentary Under Secretary of State, Scottish Office
14th July 1997


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Ealing and Hounslow) Red Route Traffic Order 1997, and shall come into force on 17th October 1997.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 .
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”.
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road or an area of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length or area of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3 (1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
The Greater London Council Traffic Management Order 1977 No.642 , the Hounslow (Waiting and Loading Restrictions) Order 1977, the Ealing (Waiting and Loading Restrictions) Order 1977 and the A406 Trunk Road (Ealing and Hounslow) Red Route Experimental Traffic Order 1996 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
1st October 1997


text: Citation and commencement 1 1 This Order may be cited as the Cromarty Firth Port Authority Harbour Revision Order 1997 and shall come into force on 25th August 1997. 2 The Cromarty Firth Port Authority Orders 1973 and 1996 and this Order may be cited together as the Cromarty Firth Port Authority Orders 1973 to 1997. Interpretation 2 In this Order — “the Authority" means the Cromarty Firth Port Authority; “the Company" means TBAC Limited ; “the Order of 1971" means the British Aluminium (Saltburn Pier) Order 1971 ; “Saltburn Pier" means the deep water berth and pier at Saltburn which is referred to in the definition of “pier" in section 2(1) of the Order of 1971 and which is within the limits of jurisdiction of the Authority. Company to cease to be harbour authority 3 On the date of the coming into force of this Order, the Company shall cease to be the harbour authority for Saltburn Pier and, accordingly, the Company shall cease to exercise any of the powers conferred or be subject to any of the obligations imposed on the Company by or under the Order of 1971. Repeal and revocation 4 The British Aluminium (Saltburn Pier) Order Confirmation Act 1971 is hereby repealed and the Order of 1971 which was confirmed by that Act is hereby revoked. Signed by authority of the Secretary of State for Transport S.K. Reeves Head of Ports Division, Department of the Environment, Transport and the Regions 4th August 1997


text:
1
1
This Order may be cited as the New Town (Irvine) Dissolution Order 1997 and shall come into force on 31st March 1997.
2
In this Order, “Irvine Development Corporation” means the Irvine Development Corporation established by the New Town (Irvine) (Development Corporation) Order 1967 .
2
The Secretary of State hereby appoints 31st March 1997 as the date for the dissolution of Irvine Development Corporation.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1997


text:
Citation and commencement
1
This Order may be cited as the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Amendment Order 1997 and shall come into force on 16th June 1997.
Amendment of NHS trust Establishment Order
2
In article 4 of the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Order 1992 for “4 non-executive” there shall be substituted “3 non-executive” and for “4 executive” there shall be substituted “3 executive”.
Signed by authority of the Secretary of State for Health.
Alan Milburn
Minister of State
Department of Health
3rd June 1997


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.4) (Miscellaneous) 1997 and shall come into force on 6th April 1997.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994( shall be amended in accordance with the following sub-paragraphs.
2
Rule 28A.2(2) (consequences of failure to intimate notice of non-admission) shall be omitted.
3
In rule 30.3 (consequences of failure to intimate intention to proceed where agent has withdrawn)–
a
the words “and interlocutor” shall be omitted; and
b
for “interlocutor” in the second and third places where it occurs substitute “notice”.
4
In rule 36.7(1) (admissions by parties), for “36.6(1)” substitute “28A.1(1)”.
5
In rule 41.41 (references and appeals under certain Social Security Acts to be by stated case)–
a
in paragraph (c), the words from “, or” to “173(1),” shall be omitted;
b
the word “and” immediately preceding paragraph (d) shall be omitted;
c
in paragraph (d), the words “, or section 173(3),” shall be omitted; and
d
add the following paragraphs after paragraph (d)–
e
a reference by the Occupational Pensions Regulatory Authority under section 97(1) of the Pensions Act 1995; and
f
an appeal under section 97(3) of the Pensions Act 1995.
.
6
Rule 49.40 (applications by motion in certain depending actions) shall become paragraph (1) of that rule and the following paragraph shall be added as paragraph (2) of that rule–
2
Written intimation of a motion under paragraph (1) shall be given to every other party not less than 7 days before the date on which the motion is enrolled.
.
7
The following heading shall be inserted as the heading for rule 49.88–
Application under section 11(1)(d) of the Act of 1995 following order under section 13 of that Act
8
In rule 59.1(2) (presentation of applications for letters of arrestment or inhibition), for the words from “in” to “Department” substitute “to the Deputy Principal Clerk”.
9
In rule 68.2(1) (applications and appeals under the Act of 1980), at the beginning insert “Except in the case of an application under paragraph 20 of Schedule 4 to the Act of 1980 (which shall be made by letter to the Deputy Principal Clerk),”.
10
In the appendix–
a
in each of Forms 7.6, 30.2 (and the Form to be sent with it), 35.15-A, 44.2-A, 49.13-B, 62.40-A, 62.41-A, 62.42-A and 77.11, for “ in causa ”, wherever those words occur, substitute “in the cause”;
b
in each of Forms 16.15-A and 16.15-B, add after the Note–
(Where this Schedule is used to arrest a ship, the name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)
( Name of agent )
( Address )
( Telephone number )
;
c
in each of Forms 16.15-C and 16.15-D, add after the Note–
(The name, address and twenty-four hour contact telephone number of the agent for the party on whose behalf the arrestment was executed are to be inserted here.)
(Name of agent )
( Address )
( Telephone number )
;
d
in Form 30.2–
i
in the heading, after “Form of” insert “notice of”; and
ii
in the paragraph beginning with the words “In accordance with”, the words “and the interlocutor” shall be omitted; and
e
for Form 37.2-B substitute Form 37.2-B set out in the Schedule to this Act of Sederunt.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh,
20th March 1997


text:
1
1
This Order may be cited as the A21 Trunk Road (Morleys Interchange Slip Roads) (Trunking) Order 1997 and shall come into force on 17th July 1997.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The lengths of highways described in the Schedule to this Order (the highways being in this Order referred to as “the slip roads”), shall become trunk roads from the date when this Order comes into force.
3
The centre line of each of the slip roads is indicated by a heavy black line on the plan numbered SNPR97/1 marked “The A21 Trunk Road (Morleys Interchange Slip Roads) (Trunking) Order 1997”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR.
Signed by authority of the Secretary of State for Transport
J. Bond
Divisional Director Highways Agency
19th June 1997


text:
Citation and commencement
1
1
This Order may be cited as the West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 and shall, subject to paragraph (2), come into force on 3rd April 1997.
2
Article 8 shall come into force on the expiry of the period of 90 days beginning with the day on which water is first taken by the Authority in terms of articles 4 and 5(2) of this Order.
Interpretation
2
In this Order–
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Authority” means the West of Scotland Water Authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked “The West of Scotland Water Authority (Dervaig-River Bellart) Water Order 1997 Plan of Catchment Area, Location Plan and Plans and Sections of Works No 1”, one copy of which is deposited in the Scottish Office, Victoria Quay, Edinburgh, and the other in the office of the Chief Executive of the Authority at 419 Balmore Road, Glasgow, G22 6NU;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Authority for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Authority;
“works” means the works described in Schedule 1 to this Order, which the Authority, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of the provisions of Schedule 4 to the Act
3
The provisions of sections 2 and 10(3) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in the provisions of those sections, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Water rights
4
Subject to the provisions of this Order, the Authority may, for the purposes of the undertaking, take water from the river known as the River Bellart, in the Argyll and Bute Council area, by means of the intake structure of the works.
5
1
During the construction of the works the Authority may take from the said River Bellart such water as they may require for such construction.
2
After completion of the works, the Authority may take from the River Bellart, in any day, a quantity of water not exceeding 300 cubic metres, as measured and recorded by an approved gauge (part of Works No 1), at a rate not exceeding 7 litres per second, except when the flow in the River Bellart, as measured by an approved gauge, is less than 100 litres per second, when the Authority may take water at a rate not exceeding 3.5 litres per second.
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order, except for article 8, comes into force the said power shall cease.
Miscellaneous
7
The Authority shall at all times after the expiration of six months from the date on which this Order, except for article 8, comes into force keep at the office of the Chief Executive of the Authority a copy thereof and a copy of the deposited plan.
Revocation of Order of 1952
8
The Argyll County Council (Allt Mor, Dervaig) Water Order 1952 is hereby revoked.
George Calder
Assistant Secretary, Scottish Office
Victoria Quay,
Edinburgh
26th March 1997


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital Birmingham National Health Service Trust (Transfer of Trust Property) Order 1997 and shall come into force on 14th March 1997.
2
In this Order —
“the Authority” means the Sandwell Health Authority;
“the Trust” means the University Hospital Birmingham National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd July 1996, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th March 1997 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State for Health,
Department of Health
17th February 1997