text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Private and Voluntary Health Care (England) Regulations 2001 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“agency” means an independent medical agency;
“dentist” means a person registered in the dentists register under the Dentists Act 1984 ;
“establishment” means an independent hospital, including an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983 , or an independent clinic;
“general practitioner” means a medical practitioner who —
provides general medical services within the meaning of Part II of the NHS Act ;
performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 ; or
provides services which correspond to services provided under Part II of the NHS Act, otherwise than in pursuance of that Act;
“health care professional” means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999 applies, or who is a clinical psychologist or child psychotherapist, and “health care profession” shall be construed accordingly;
“medical device” has the same meaning as in the Medical Devices Regulations 1994 ;
“medical practitioner” means a registered medical practitioner ;
“midwife” means a registered midwife who has notified her intention to practise to the local supervisory authority in accordance with any rules made under section 14(1)(b) of the Nurses, Midwives and Health Visitors Act 1997 ;
“the NHS Act” means the National Health Service Act 1977 ;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“patient”, in relation to any establishment or agency, means a person for whom treatment is provided in or for the purposes of the establishment, or for the purposes of the agency;
“patients' guide” means the guide compiled in accordance with regulation 7;
“practising privileges” in relation to a medical practitioner, refers to the grant to a person who is not employed in an independent hospital of permission to practise in that hospital;
“registered manager”, in relation to an establishment or agency, means a person who is registered under Part II of the Act as the manager of the establishment or agency;
“registered person”, in relation to an establishment or agency, means any person who is the registered provider or the registered manager of the establishment or agency;
“registered provider”, in relation to an establishment or agency, means a person who is registered under Part II of the Act as the person carrying on the establishment or agency;
“responsible individual” shall be construed in accordance with regulation 10(2)(b)(i);
“statement of purpose” means the written statement compiled in accordance with regulation 6;
“treatment” includes palliative care and nursing and listed services within the meaning of section 2 of the Act .
2
In these Regulations, a reference —
a
to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
3
In these Regulations, references to employing a person include employing a person whether under a contract of service or a contract for services, and references to an employee or to a person being employed shall be construed accordingly.
Prescribed techniques or technology and exceptions to the definition of independent hospital
3
1
Subject to paragraph (2), for the purposes of section 2 of the Act, “listed services” include treatment using any of the following techniques or technology —
a
a Class 3B or Class 4 laser product, as defined in Part I of British Standard EN 60825–1 (Radiation safety of laser products and systems) ;
b
an intense light, being broadband non-coherent light which is filtered to produce a specified range of wavelengths; such filtered radiation being delivered to the body with the aim of causing thermal, mechanical or chemical damage to structures such as hair follicles and skin blemishes while sparing surrounding tissues;
c
haemodialysis or peritoneal dialysis;
d
endoscopy;
e
hyperbaric oxygen therapy, being the administration of pure oxygen through a mask to a patient who is in a sealed chamber which is gradually pressurised with compressed air, except where the primary use of that chamber is —
i
pursuant to regulation 6(3)(b) of the Diving at Work Regulations 1997 or regulation 8 or 12 of the Work in Compressed Air Regulations 1996 ; or
ii
otherwise for the treatment of workers in connection with the work which they perform; and
f
in vitro fertilisation techniques, being treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990 .
2
Listed services shall not include treatment using the following techniques or technology —
a
treatment for the relief of muscular and joint pain using an infra-red heat treatment lamp;
b
treatment using a Class 3B laser where such treatment is carried out by or under the supervision of a health care professional; and
c
the use of an apparatus (not being an apparatus falling within paragraph (1)(b)), for acquiring an artificial suntan, consisting of a lamp or lamps emitting ultraviolet rays.
3
For the purposes of section 2 of the Act, establishments of the following descriptions are excepted from being independent hospitals —
a
an establishment which is a hospital by virtue of section 2(3)(a)(i) of the Act solely because its main purpose is to provide medical or psychiatric treatment for illness or mental disorder but which provides no overnight beds for patients;
b
an establishment which is a service hospital within the meaning of section 13(9) of the Armed Forces Act 1981 ;
c
an establishment which is, or forms part of, a prison, remand centre, young offender institution or secure training centre within the meaning of the Prison Act 1952 ;
d
an establishment which is an independent clinic by virtue of regulation 4;
e
an establishment (not being a health service hospital) which has as its sole or main purpose the provision by a general practitioner of general medical services within the meaning of Part II of the NHS Act or personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997; and such an establishment shall not become an independent hospital as a result of the provision of listed services to a patient by such a general practitioner;
f
the private residence of a patient or patients in which treatment is provided to such patient or patients, but to no-one else;
g
sports grounds and gymnasia where health professionals provide treatment to persons taking part in sporting activities and events; and
h
a surgery or consulting room, not being part of a hospital, where a medical practitioner provides medical services solely under arrangements made on behalf of the patients by their employer or another person.
4
Sub-section (7) of section 2 of the Act shall be modified by adding at the end of paragraph (e) (cosmetic surgery) the following —
a
other than —
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; and
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
.
Meaning of independent clinic
4
1
For the purposes of section 2(4) of the Act, establishments of the following kinds are prescribed —
a
a walk-in centre, in which one or more medical practitioners provide services of a kind which, if provided in pursuance of the NHS Act, would be provided as general medical services under Part II of that Act; and
b
a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the NHS Act provides medical services of any kind (including psychiatric treatment) otherwise than under arrangements made on behalf of the patients by their employer or another person.
2
Where two or more medical practitioners use different parts of the same premises as a surgery or consulting room, or use the same surgery or consulting room at different times, each of the medical practitioners shall be regarded as carrying on a separate independent clinic unless they are in practice together.
Exception of undertaking from the definition of independent medical agency
5
For the purposes of the Act, any undertaking which consists of the provision of medical services by a medical practitioner solely under arrangements made on behalf of the patients by their employer or another person shall be excepted from being an independent medical agency.
Statement of purpose
6
1
The registered person shall compile in relation to the establishment or agency a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
2
The registered person shall supply a copy of the statement of purpose to the Commission and shall make the statement available for inspection by every patient and any person acting on behalf of a patient.
3
Nothing in regulation 15(1) or 25(1) and (2) shall require or authorise the registered person to contravene, or not to comply with —
a
any other provision of these Regulations; or
b
the conditions for the time being in force in relation to the registration of the registered person under Part II of the Act.
Patients' guide
7
1
The registered person shall produce a written guide to the establishment or agency (in these Regulations referred to as “the patients' guide”) which shall consist of —
a
a summary of the statement of purpose;
b
the terms and conditions in respect of services to be provided for patients, including as to the amount and method of payment of charges for all aspects of their treatment;
c
a standard form of contract for the provision of services and facilities by the registered provider to patients;
d
a summary of the complaints procedure established under regulation 23;
e
a summary of the results of the consultation conducted in accordance with regulation 17(3);
f
the address and telephone number of the Commission; and
g
the most recent inspection report prepared by the Commission or information as to how a copy of that report may be obtained.
2
The registered person shall supply a copy of the patients' guide to the Commission, and shall make the patients' guide available for inspection by every patient and any person acting on behalf of a patient.
Review of statement of purpose and patients' guide
8
The registered person shall —
a
keep under review and, where appropriate, revise the statement of purpose and the content of the patients' guide; and
b
notify the Commission of any such revision.
Policies and procedures
9
1
The registered person shall prepare and implement written statements of the policies to be applied and the procedures to be followed in or for the purposes of an establishment in relation to —
a
the arrangements for admission or acceptance of patients, their transfer to a hospital where required and, in the case of an establishment which admits in-patients, their discharge;
b
the arrangements for assessment, diagnosis and treatment of patients;
c
ensuring that the premises used by or for the purposes of an establishment are at all times fit for the purpose for which they are used;
d
monitoring the quality and suitability of facilities and equipment;
e
identifying, assessing and managing risks to employees, patients and visitors associated with the operation of the establishment;
f
the creation, management, handling and storage of records and other information;
g
the provision of information to patients and others;
h
the recruitment, induction and retention of employees and their employment conditions;
i
the grant and withdrawal of practising privileges to medical practitioners in establishments where such privileges are granted; and
j
ensuring that, where research is carried out in an establishment, it is carried out with the consent of any patient or patients involved, is appropriate for the establishment concerned and is conducted in accordance with up-to-date and authoritative published guidance on the conduct of research projects.
2
The registered person shall prepare and implement a written statement of the policies to be applied and the procedures to be followed for the purposes of an agency in relation to —
a
the arrangements for transfer to a hospital, where required; and
b
each of the matters specified in sub-paragraphs (b), (f), (g) and (h) of paragraph (1).
3
The registered person shall prepare and implement written statements of policies to be applied and procedures to be followed in or for the purposes of an establishment, or for the purpose of an agency, which ensure that —
a
the competence of each patient to consent to treatment is assessed;
b
in the case of a competent patient, properly informed consent to treatment is obtained;
c
in the case of a patient who is not competent, he is, so far as practicable, consulted before any treatment proposed for him is administered; and
d
information about a patient’s health and treatment is disclosed only to those persons who need to be aware of that information in order to treat the patient effectively or minimise any risk of the patient harming himself or another person, or for the purposes of the proper administration of the establishment or agency.
4
The registered person shall review the operation of each policy and procedure implemented under —
a
this regulation;
b
regulation 23; and
c
in so far as they apply to him, regulations 35, 41(10), 45 and 46,
at intervals of not more than three years and shall, where appropriate, prepare and implement revised policies and procedures.
5
The registered person shall make a copy of all written statements prepared in accordance with this regulation available for inspection by the Commission.
PART II
REGISTERED PERSONS
Fitness of registered provider
10
1
A person shall not carry on an establishment or agency unless he is fit to do so.
2
A person is not fit to carry on an establishment or agency unless the person —
a
is an individual, who carries on the establishment or agency —
i
otherwise than in partnership with others, and he satisfies the requirements set out in paragraph (3);
ii
in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);
b
is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
c
is an organisation and —
i
the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the establishment or agency; and
ii
that individual satisfies the requirements set out in paragraph (3).
3
The requirements are that —
a
he is of integrity and good character;
b
he is physically and mentally fit to carry on the establishment or agency; and
c
full and satisfactory information is available in relation to him —
i
except where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 to 7 of Schedule 2;
ii
where paragraph (4) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 8 of Schedule 2.
4
This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
5
A person shall not carry on an establishment or agency if —
a
he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or
b
he has made a composition or arrangement with his creditors and has not been discharged in respect of it.
Appointment of manager
11
1
The registered provider shall appoint an individual to manage an establishment or agency if —
a
there is no registered manager in respect of the establishment or agency; and
b
the registered provider —
i
is an organisation or a partnership;
ii
is not a fit person to manage an establishment or agency; or
iii
is not, or does not intend to be, in full-time day to day charge of the establishment or agency.
2
Where the registered provider appoints a person to manage the establishment or agency, he shall forthwith give notice to the Commission of —
a
the name of the person so appointed; and
b
the date on which the appointment is to take effect.
Fitness of registered manager
12
1
A person shall not manage an establishment or agency unless he is fit to do so.
2
A person is not fit to manage an establishment or agency unless —
a
he is of integrity and good character;
b
having regard to the size of the establishment or agency and the number and needs of the patients —
i
he has the qualifications, skills and experience necessary to manage the establishment or agency; and
ii
he is physically and mentally fit to do so; and
c
full and satisfactory information is available in relation to him —
i
except where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 to 7 of Schedule 2;
ii
where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 8 of Schedule 2.
3
This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
Registered person — general requirements
13
1
The registered provider and the registered manager shall, having regard to the size of the establishment or agency and the number and needs of the patients, carry on or (as the case may be) manage the establishment or agency with sufficient care, competence and skill.
2
If the registered provider is —
a
an individual, he shall undertake;
b
an organisation, it shall ensure that the responsible individual undertakes;
c
a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that he has the skills necessary for carrying on the establishment or agency.
3
The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the skills necessary for managing the establishment or agency.
Notification of offences
14
Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Commission of —
a
the date and place of the conviction;
b
the offence of which he was convicted; and
c
the penalty imposed on him in respect of the offence.
PART III
CONDUCT OF HEALTH CARE ESTABLISHMENTS AND AGENCIES
CHAPTER 1
QUALITY OF SERVICE PROVISION
Quality of treatment and other service provision
15
1
Subject to regulation 6(3), the registered person shall provide treatment and any other services to patients in accordance with the statement of purpose, and shall ensure that the treatment and any other services provided to each patient —
a
meet his individual needs;
b
reflect published research evidence and guidance issued by the appropriate professional and expert bodies, as to good practice in the treatment of the condition from which the patient is suffering; and
c
are (where necessary) provided by means of appropriate equipment.
2
The registered person shall ensure that all equipment used in or for the purposes of the establishment, or for the purposes of the agency is —
a
suitable for the purposes for which it is to be used; and
b
properly maintained and in good working order.
3
Where reusable medical devices are used in an establishment or agency, the registered person shall ensure that appropriate procedures are implemented in relation to cleaning, disinfection, inspection, packaging, sterilisation, transportation and storage of such devices.
4
The procedures implemented in accordance with paragraph (3) shall be such as to ensure that reusable medical devices are handled safely and decontaminated effectively prior to re-use.
5
The registered person shall make suitable arrangements for the ordering, recording, handling, safe keeping, safe administration and disposal of medicines used in or for the purposes of the establishment, or for the purposes of the agency.
6
The registered person shall make suitable arrangements to minimise the risk of infection and toxic conditions and the spread of infection between patients and staff (including medical practitioners with practising privileges).
7
If an establishment provides food for patients, the registered provider shall ensure that it is —
a
provided in adequate quantities and at appropriate intervals;
b
properly prepared, wholesome and nutritious; and
c
suitable for the needs of patients,
and that the menu is varied at suitable intervals.
Care and welfare of patients
16
1
The registered person shall, so far as practicable, enable each patient to make decisions about matters affecting the way in which he is cared for and his general welfare.
2
The registered person shall ensure that patients are permitted to control their own money, except where a patient does not wish, or lacks the capacity, to do so, in which case the registered person shall ensure that patient monies are properly held and recorded and that receipts are issued as appropriate.
3
The registered person shall, so far as practicable, ascertain and take into account the wishes and feelings of all patients in determining the manner in which they are cared for and services are provided to them.
4
The registered person shall make suitable arrangements to ensure that the establishment or agency is conducted —
a
in a manner which respects the privacy and dignity of patients; and
b
with due regard to the sex, religious and spiritual needs, racial origin, and cultural and linguistic background and any disability of patients.
5
The registered provider and the registered manager (if any) shall each take all reasonable steps to ensure that the establishment or agency is conducted on the basis of good personal and professional relationships —
a
between each other; and
b
between each of them and the patients and staff.
Review of quality of treatment and other services
17
1
The registered person shall introduce and maintain a system for reviewing at appropriate intervals the quality of treatment and other services provided in or for the purposes of an establishment or for the purposes of an agency.
2
The registered person shall supply to the Commission a report in respect of any review conducted by him for the purposes of paragraph (1) and make a copy of the report available to patients.
3
The system referred to in paragraph (1) shall provide for consultation with patients and their representatives.
Staffing
18
1
The registered person shall, having regard to the nature of the establishment or agency and the number and needs of patients, ensure that there is at all times an appropriate number of suitably qualified, skilled and experienced persons employed in or for the purposes of the establishment or, as the case may be, for the purposes of the agency.
2
The registered person shall ensure that each person employed in or for the purposes of the establishment or, for the purposes of the agency —
a
receives appropriate training, supervision and appraisal;
b
is enabled from time to time to obtain further qualifications appropriate to the work he performs; and
c
is provided with a job description outlining his responsibilities.
3
The registered person shall ensure that each person employed in or for the purposes of the establishment, or for the purposes of the agency and any medical practitioner with practising privileges, receives regular and appropriate appraisal and shall take such steps as may be necessary to address any aspect of —
a
a health care professional’s clinical practice; or
b
the performance of a member of staff who is not a health care professional,
which is found to be unsatisfactory.
4
The registered person shall take reasonable steps to ensure that any person working in an establishment or agency who is not employed by him and to whom paragraph (2) does not apply, is appropriately supervised while carrying out his duties.
Fitness of workers
19
1
The registered person shall ensure that —
a
no person is employed to work in or for the purposes of the establishment or for the purposes of the agency; and
b
no medical practitioner is granted consulting or practising privileges,
unless that person is fit to work in or for the purposes of the establishment, or for the purposes of the agency.
2
A person is not fit to work in or for the purposes of an establishment, or for the purposes of an agency unless —
a
he is of integrity and good character;
b
he has the qualifications, skills and experience which are necessary for the work which he is to perform;
c
he is physically and mentally fit for that work; and
d
full and satisfactory information is available in relation to him —
i
except where paragraph (3) applies, in respect to each of the matters specified in paragraphs 1 to 7 of Schedule 2;
ii
where paragraph (3) applies, in respect of each of the matters specified in paragraphs 1 and 3 to 8 of Schedule 2.
3
This paragraph applies where any certificate or information on any matters referred to in paragraph 2 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
Guidance for health care professionals
20
The registered person shall ensure that any code of ethics or professional practice prepared by a body which is responsible for regulation of members of a health care profession is made available in the establishment or agency to members of the health care profession in question.
Records
21
1
The registered person shall ensure that except in cases to which regulation 40(5) applies —
a
a comprehensive medical record is maintained in relation to each patient, which includes —
i
a contemporaneous note of all treatment provided to him;
ii
his medical history and all other notes prepared by a health care professional about his case; and
b
the record is retained for a period which is not less than that specified in Part I of Schedule 3 in relation to the type of patient in question or, where more than one such period could apply, the longest of them.
2
The registered person shall ensure that —
a
the medical record for a person who is currently a patient is kept in a secure place in the establishment or the agency premises; and
b
the medical record for a person who is not currently a patient is stored securely (whether in the establishment or the agency premises or elsewhere) and that it can be located if required.
3
The registered person shall ensure that the records specified in Part II of Schedule 3 are maintained and that they are —
a
kept up to date;
b
at all times available for inspection in the establishment or the agency premises by any person authorised by the Commission to enter and inspect the establishment or agency premises; and
c
retained for a period of not less than three years beginning on the date of the last entry.
Staff views as to conduct of establishment or agency
22
1
This regulation applies to any matter relating to the conduct of the establishment or agency so far as it may affect the health and welfare of patients.
2
The registered person shall make arrangements to enable any person employed in or for the purposes of the establishment, or for the purposes of the agency, and any medical practitioner with practising privileges to inform the registered person and the Commission of their views about any matter to which this regulation applies.
Complaints
23
1
The registered person shall establish a procedure (in these Regulations referred to as “the complaints procedure”) for considering complaints made to the registered person by a patient or a person acting on behalf of a patient.
2
The registered person shall ensure that any complaint made under the complaints procedure is fully investigated.
3
The registered person shall supply a written copy of the complaints procedure to every patient and, upon request, to —
a
any person acting on behalf of a patient; and
b
any person who is considering whether to become a patient.
4
The written copy of the complaints procedure shall include —
a
the name, address and telephone number of the Commission; and
b
the procedure (if any) which has been notified by the Commission to the registered person for making complaints to the Commission relating to the establishment or agency.
5
The registered person shall maintain a record of each complaint, including details of the investigations made, the outcome and any action taken in consequence and the requirements of regulation 21(3)(b) and (c) shall apply to that record.
6
The registered person shall supply to the Commission annually a statement containing a summary of the complaints made during the preceding twelve months and the action taken in response.
Research
24
1
The registered person shall ensure that —
a
before any research involving patients, information about patients, or bodily material and organs is undertaken in or for the purposes of an establishment, or for the purposes of an agency, a research proposal is prepared and approval is obtained from the appropriate Research Ethics Committee; and
b
all such research projects include adequate safeguards for patients and employees.
2
For the purposes of paragraph (1)(a), “the appropriate Research Ethics Committee” means a research ethics committee established in accordance with guidance issued from time to time by the Department of Health.
CHAPTER 2
PREMISES
Fitness of premises
25
1
Subject to regulation 6(3), the premises used as an establishment or agency must be in a location, and of a physical design and layout, which are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The registered person shall ensure that —
a
the premises are of sound construction and kept in a good state of repair externally and internally;
b
the size and layout of rooms are suitable for the purposes for which they are to be used and are suitably equipped and furnished;
c
all parts of the establishment or agency are kept clean and meet appropriate standards of hygiene;
d
all parts of the establishment or agency to which patients have access are so far as reasonably practicable free from hazards to their safety; and
e
if surgical procedures are undertaken, life support systems are used, or obstetric services and, in connection with childbirth, medical services, are provided in the establishment or agency, such electrical supply is provided during the interruption of public supply as is needed to safeguard the lives of the patients.
3
The registered person shall provide for employees and medical practitioners with practising privileges —
a
suitable facilities and accommodation, other than sleeping accommodation, including —
i
facilities for the purpose of changing; and
ii
storage facilities; and
b
where the provision of such accommodation is needed by employees in connection with their work, sleeping accommodation.
4
The registered person shall, after consultation with the fire authority —
a
take adequate precautions against the risk of fire, including the provision and maintenance of suitable fire equipment;
b
provide adequate means of escape in the event of a fire;
c
make arrangements for persons employed in the establishment or for the purposes of the agency and medical practitioners to whom practising privileges have been granted to receive suitable training in fire prevention;
d
ensure, by means of fire drills and practices at suitable intervals, that the persons employed in the establishment or for the purposes of the agency and, so far as practicable, patients and medical practitioners to whom practising privileges have been granted, are aware of the procedure to be followed in case of fire; and
e
review fire precautions, the suitability of fire equipment and the procedure to be followed in case of fire at intervals not exceeding twelve months.
5
In this regulation “fire authority”, in relation to an establishment or agency, means the authority discharging in the area in which the establishment or agency is situated, the function of fire authority under the Fire Services Act 1947 .
CHAPTER 3
MANAGEMENT
Visits by registered provider
26
1
Where the registered provider is an individual, but is not in day to day charge of the establishment or agency, he shall visit the establishment or agency premises in accordance with this regulation.
2
Where the registered provider is an organisation or a partnership, the establishment or agency shall be visited in accordance with this regulation by —
a
the responsible individual or one of the partners, as the case may be;
b
another of the directors or other persons responsible for the management of the organisation or partnership; or
c
an employee of the organisation or partnership who is not directly concerned with the conduct of the establishment or agency.
3
Visits under paragraph (1) or (2) shall take place at least once every six months and shall be unannounced.
4
The person carrying out the visit shall —
a
interview, with their consent and in private (if necessary, by telephone), such of the patients and their representatives and such employees as appears to him to be necessary in order to form an opinion of the standard of treatment and other services provided in or for the purposes of the establishment, or for the purposes of the agency;
b
inspect records of any complaints and, in the case of an establishment, its premises; and
c
prepare a written report on the conduct of the establishment or agency.
5
The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to —
a
the Commission;
b
the registered manager; and
c
in the case of a visit under paragraph (2) —
i
where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation; and
ii
where the registered provider is a partnership, to each of the partners.
Financial position
27
1
The registered provider shall carry on the establishment or agency in such manner as is likely to ensure that the establishment or agency will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The registered person shall, if the Commission so requests, provide the Commission with such information and documents as it may require for the purpose of considering the financial viability of the establishment or agency, including —
a
the annual accounts of the establishment or agency, certified by an accountant; or
b
the annual accounts of the organisation which is the registered provider of the establishment or agency, certified by an accountant, together with accounts relating to the establishment or agency itself.
3
The registered person shall also provide the Commission with such other information as it may require in order to consider the financial viability of the establishment or agency, including —
a
a reference from a bank expressing an opinion as to the registered provider’s financial standing;
b
information as to the financing and financial resources of the establishment or agency;
c
where the registered provider is a company, information as to any of its associated companies; and
d
a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the establishment or agency in respect of death, injury, public liability, damage or other loss.
4
In this regulation, one company is associated with another if one of them has control of the other, or both are under the control of the same person.
CHAPTER 4
NOTICES TO BE GIVEN TO THE COMMISSION
Notification of events
28
1
The registered person shall give notice to the Commission of —
a
the death of a patient —
i
in an establishment;
ii
during treatment provided by an establishment or agency; or
iii
as a consequence of treatment provided by an establishment or agency within the period of seven days ending on the date of the death, and the circumstances of his death;
b
any serious injury to a patient;
c
the outbreak in an establishment of any infectious disease, which in the opinion of any medical practitioner employed in the establishment is sufficiently serious to be so notified;
d
any allegation of misconduct resulting in actual or potential harm to a patient by the registered person, any person employed in or for the purposes of the establishment or for the purposes of the agency, or any medical practitioner with practising privileges.
2
Notice under paragraph (1) shall be given within the period of 24 hours beginning with the event in question and, if given orally, shall be confirmed in writing as soon as practicable.
Notice of absence
29
1
Where —
a
the registered provider, if he is the person in day to day charge of the establishment or agency; or
b
the registered manager,
proposes to be absent from the establishment or agency for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.
2
Except in the case of an emergency, the notice referred to in paragraph (1) shall be given no later than one month before the proposed absence commences or within such shorter period as may be agreed with the Commission and the notice shall specify with respect to the proposed absence —
a
its length or expected length;
b
the reason for it;
c
the arrangements which have been made for running the establishment or agency;
d
the name, address and qualifications of the person who will be responsible for the establishment or agency during that absence; and
e
in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the establishment or agency during that absence, including the proposed date by which the appointment is to be made.
3
Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters set out in sub-paragraphs (a) to (e) of paragraph (2).
4
Where —
a
the registered provider, if he is the person in day to day charge of the establishment or agency; or
b
the registered manager,
has been absent from the establishment or agency for a continuous period of 28 days or more, and the Commission has not been given notice of the absence, the registered person shall, without delay, give notice in writing to the Commission of the absence, specifying the matters set out in paragraph (2)(a) to (e).
5
The registered person shall notify the Commission of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.
Notice of changes
30
The registered person shall give notice in writing to the Commission as soon as it is practicable to do so if any of the following events take place or are proposed to take place —
a
a person other than the registered person carries on or manages the establishment or agency;
b
a person ceases to carry on or manage the establishment or agency;
c
where the registered person is an individual, he changes his name;
d
where the registered provider is a partnership, there is any change in the membership of the partnership;
e
where the registered provider is an organisation —
i
the name or address of the organisation is changed;
ii
there is any change of director, manager, secretary or other similar officer of the organisation;
iii
there is any change in the identity of the responsible individual;
f
where the registered provider is an individual, a trustee in bankruptcy is appointed;
g
where the registered provider is a company or partnership, a receiver, manager, liquidator or provisional liquidator is appointed; or
h
the premises of the establishment or agency are significantly altered or extended, or additional premises are acquired.
Appointment of liquidators etc.
31
1
Any person to whom paragraph (2) applies must —
a
forthwith notify the Commission of his appointment indicating the reasons for it;
b
appoint a manager to take full-time day to day charge of the establishment or agency in any case where there is no registered manager; and
c
before the end of the period of 28 days beginning on the date of his appointment, notify the Commission of his intentions regarding the future operation of the establishment or agency.
2
This paragraph applies to any person appointed as —
a
the receiver or manager of the property of a company or partnership which is a registered provider of an establishment or agency;
b
liquidator or provisional liquidator of a company which is the registered provider of an establishment or agency;
c
the trustee in bankruptcy of a registered provider of an establishment or agency.
Death of registered person
32
1
If more than one person is registered in respect of an establishment or agency, and a registered person dies, the surviving registered person shall without delay notify the Commission of the death in writing.
2
If only one person is registered in respect of an establishment or agency, and he dies, his personal representatives must notify the Commission in writing —
a
without delay of the death; and
b
within 28 days of their intentions regarding the future running of the establishment or agency.
3
The personal representatives of the deceased registered provider may carry on the establishment or agency without being registered in respect of it —
a
for a period not exceeding 28 days; and
b
for any further period as may be determined in accordance with paragraph (4).
4
The Commission may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Commission shall determine, and shall notify any such determination to the personal representatives in writing.
5
The personal representatives shall appoint a person to take full-time day to day charge of the establishment or agency during any period in which, in accordance with paragraph (3), they carry on the establishment or agency without being registered in respect of it.
PART IV
ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT HOSPITALS
CHAPTER 1
PATHOLOGY SERVICES, RESUSCITATION AND TREATMENT OF CHILDREN IN INDEPENDENT HOSPITALS
Application of regulations 34 to 36
33
1
Regulations 34 to 36 apply to independent hospitals of the following kinds —
a
those defined in section 2(3)(a)(i) of the Act except establishments excepted by regulation 3(2); and
b
those in which medical treatment, including cosmetic surgery, is provided under anaesthesia or sedation.
2
Regulation 34 also applies to any establishment or agency which provides pathology services.
Pathology services
34
The registered person shall ensure that —
a
an adequate range of pathology services is available to meet the needs of the independent hospital;
b
those services are provided to an appropriate standard;
c
appropriate arrangements are made for the collection, and (where pathology services are provided outside the hospital) transportation of pathology specimens; and
d
the patient from whom a specimen was taken, and such specimen, is identifiable at all times.
Resuscitation
35
1
The registered person shall prepare and implement a written statement of the policies to be applied and the procedures to be followed in the hospital in relation to resuscitation of patients, and shall review such statement annually.
2
The registered person shall ensure that the policies and procedures implemented in accordance with paragraph (1) —
a
take proper account of the right of all patients who are competent to do so to give or withhold consent to treatment;
b
are available on request to every patient and any person acting on behalf of a patient; and
c
are communicated to and understood by all employees and all medical practitioners with practising privileges who may be involved in decisions about resuscitation of a patient.
Treatment of children
36
The registered person shall ensure that, where a child is treated in an independent hospital —
a
he is treated in accommodation which is separate from accommodation in which adult patients are treated;
b
particular medical, physical, psychological, social, educational and supervision needs arising from his age are met;
c
his treatment is provided by persons who have appropriate qualifications, skills and experience in the treatment of children;
d
his parents are kept fully informed of his condition and so far as is practicable consulted about all aspects of his treatment, except where the child is himself competent to consent to treatment and does not wish his parents to be so informed and consulted.
CHAPTER 2
INDEPENDENT HOSPITALS IN WHICH CERTAIN LISTED SERVICES ARE PROVIDED
Surgical procedures
37
1
Where medical treatment (including cosmetic surgery) is provided under anaesthesia or sedation in an independent hospital, the registered person shall ensure that —
a
each operating theatre is designed, equipped and maintained to an appropriate standard for the purposes for which it is to be used;
b
all surgery is carried out by, or under the direction of, a suitably qualified, skilled and experienced medical practitioner;
c
an appropriate number of suitably qualified, skilled and experienced employees are in attendance during each surgical procedure; and
d
the patient receives appropriate treatment —
i
before administration of an anaesthetic or sedation;
ii
whilst undergoing a surgical procedure;
iii
during recovery from general anaesthesia; and
iv
post-operatively.
2
The registered person shall ensure that before a patient consents to any surgery offered by the independent hospital, he has received clear and comprehensive information about the procedure and any risks associated with it.
3
In the case of a patient who is not competent to consent to surgery, the information mentioned in paragraph (2) shall, wherever possible, be provided to his representatives.
Dental treatment under general anaesthesia
38
Where the treatment provided in an independent hospital includes dental treatment under general anaesthesia, the registered person shall ensure that —
a
the dentist and any employees assisting him are suitably qualified, skilled and experienced to deal with any emergency which occurs during or as a result of the general anaesthesia or treatment; and
b
adequate facilities, drugs and equipment are available to deal with any such emergency.
Obstetric services — staffing
39
1
This regulation and regulation 40 apply to an independent hospital in which obstetric services and, in connection with childbirth, medical services are provided.
2
The registered person shall appoint a Head of Midwifery Services who is responsible for managing the provision of midwifery services in an independent hospital and, except in cases where obstetric services are provided in the hospital primarily by midwives, a Head of Obstetric Services whose name is included in the specialist medical register in respect of a specialty in obstetrics and who is responsible for managing the provision of obstetric services.
3
The registered person shall ensure that the health care professional who is primarily responsible for caring for pregnant women and assisting at childbirth is a midwife, an appropriately qualified general practitioner, or a medical practitioner whose name is included in the specialist medical register in respect of a specialty in obstetrics.
4
Where obstetric services are provided in an independent hospital primarily by midwives, the registered person shall ensure that the services of a medical practitioner who is competent to deal with obstetric emergencies are available at all times.
5
The registered person shall ensure that a health care professional who is competent to undertake resuscitation of a new born baby is available in the hospital at all times and that his skills are regularly reviewed and, if necessary, updated.
Obstetric services — further requirements
40
1
The registered person shall ensure that —
a
any death of a patient in an independent hospital during, or as a result of, pregnancy or childbirth; and
b
any still-birth or neonatal death in an independent hospital,
are reported to any person undertaking an enquiry into such deaths on behalf of the Secretary of State .
2
The registered person shall ensure that facilities are available within the hospital to provide adequate treatment to patients who have undergone a delivery requiring surgical intervention or the use of forceps and that such patients are cared for by an appropriately experienced midwife.
3
The registered person shall ensure that appropriate arrangements are in place for the immediate transfer, where necessary, of a patient and her new born child to critical care facilities within the hospital or elsewhere in the near vicinity.
4
The registered person shall ensure that appropriate arrangements are in place for the treatment and, if necessary transfer to a specialist care facility, of a very sick patient or new born child.
5
The registered person shall ensure that a maternity record is maintained for each patient receiving obstetric services and each child born in the hospital, which —
a
includes the details specified in regulation 21(1)(a) and in Parts I and II of Schedule 4; and
b
is retained for a period of not less than 25 years beginning on the date of the last entry,
and the requirements of regulation 21(2) shall apply to that record.
6
In this regulation —
“still-birth” has the meaning given to it in the Births and Deaths Registration Act 1953 ;
“neonatal death” means the death of a child before the end of the period of 28 days beginning with the date of the child’s birth.
Termination of pregnancies
41
1
This regulation applies to an independent hospital in which termination of pregnancies takes place.
2
The registered person shall ensure that no patient is admitted to the hospital for termination of a pregnancy, and that no fee is demanded or accepted from a patient in respect of a termination, unless two certificates of opinion have been received in respect of the patient.
3
The registered person shall ensure that a certificate of opinion in respect of a patient undergoing termination of a pregnancy is completed and included with the patient’s record, within the meaning of regulation 21.
4
The registered person shall ensure that no termination of a pregnancy is undertaken after the 20th week of gestation, unless —
a
the patient is treated by persons who are suitably qualified, skilled and experienced in the late termination of pregnancy; and
b
appropriate procedures are in place to deal with any medical emergency which occurs during or as a result of the termination.
5
The registered person shall ensure that no termination of a pregnancy is undertaken after the 24th week of gestation.
6
The registered person shall ensure that a register of patients undergoing termination of a pregnancy in the hospital is maintained, which is —
a
separate from the register of patients which is to be maintained under paragraph 1 of Schedule 3;
b
completed in respect of each patient at the time the termination is undertaken; and
c
retained for a period of not less than three years beginning on the date of the last entry.
7
The registered person shall ensure that a record is maintained of the total numbers of terminations undertaken in the hospital; and the requirements of regulation 21(3) shall apply to that record.
8
The registered person shall ensure that notice in writing is sent to the Chief Medical Officer of the Department of Health of each termination of pregnancy which takes place in the hospital .
9
If the registered person —
a
receives information concerning the death of a patient who has undergone termination of a pregnancy in the hospital during the period of 12 months ending on the date on which the information is received; and
b
has reason to believe that the patient’s death may be associated with the termination,
he shall give notice in writing to the Commission of that information, within the period of 14 days beginning on the day on which the information is received.
10
The registered person shall prepare and implement appropriate procedures in the hospital to ensure that fetal tissue is treated with respect.
11
In this regulation, “certificate of opinion” means a certificate required by regulations made under section 2(1) of the Abortion Act 1967 .
Use of certain techniques or technology
42
1
The registered person shall ensure that no Class 3B or Class 4 laser or intense light source (within the meaning of regulation 3(1)), is used in or for the purposes of an independent hospital unless that hospital has in place a professional protocol drawn up by a trained and experienced medical practitioner or dentist from the relevant discipline in accordance with which treatment is to be provided, and is so provided.
2
The registered person shall ensure that such a laser or intense light source is used in or for the purposes of the hospital only by a person who has undertaken appropriate training and has demonstrated an understanding of —
a
the correct use of the equipment in question;
b
the risks associated with using a laser or intense light source;
c
its biological and environmental effects;
d
precautions to be taken before and during use of a laser or intense light source; and
e
action to be taken in the event of an accident, emergency, or other adverse incident.
CHAPTER 3
MENTAL HEALTH HOSPITALS
Application of regulations 44 to 47
43
Regulations 44 to 47 apply to independent hospitals of the following kinds —
a
those, the main purpose of which, is to provide medical or psychiatric treatment for mental disorder; and
b
those in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983 .
Safety of patients and others
44
1
The statement of policies and procedures which is to be prepared and implemented by the registered person in accordance with regulation 9(1)(e) shall include policies and procedures in relation to —
a
assessment of a patient’s propensity to violence and self harm;
b
the provision of information to employees as to the outcome of such an assessment;
c
assessment of the effect of the layout of the hospital premises, and its policies and procedures, on the risk of a patient harming himself or another person; and
d
the provision of training to enable employees to minimise the risk of a patient harming himself or another person.
2
The registered person shall in particular prepare and implement a suicide protocol in the hospital which requires —
a
a comprehensive examination of the mental condition of each patient;
b
an evaluation of the patient’s history of mental disorder, including identification of suicidal tendencies;
c
an assessment of the patient’s propensity to suicide; and
d
if necessary, appropriate action to reduce the risk of the patient committing suicide.
Management of disturbed behaviour
45
The registered person shall prepare and implement a written policy setting out —
a
how disturbed behaviour exhibited by a patient is to be managed;
b
permitted measures of restraint and the circumstances in which they may be used;
c
requirements for employees to report serious incidents of violence or self harm, including guidance as to how those incidents should be classified; and
d
the procedure for review of such incidents and determination of the action which is to be taken subsequently.
Visitors
46
The registered person shall prepare and implement written policies and procedures in the hospital in relation to patients receiving visitors.
Mental health records
47
The registered person shall ensure that any records which are required to be made under the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 , and which relate to the detention or treatment of a patient in an independent hospital, are kept for a period of not less than five years beginning on the date on which the person to whom they relate ceases to be a patient in the hospital.
PART V
ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT CLINICS
Independent clinics
48
Where an independent clinic provides antenatal care to patients, the registered person shall ensure that the health care professional who is primarily responsible for providing that care is a midwife, an appropriately qualified general practitioner, or a medical practitioner with a specialist qualification in obstetrics.
PART VI
ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT MEDICAL AGENCIES
Independent medical agencies
49
The registered person shall ensure that the register of patients to be maintained in relation to an independent medical agency under paragraph 1 of Schedule 3 includes the name of the medical practitioner by whom each patient is treated.
PART VII
MISCELLANEOUS
Compliance with regulations
50
Where there is more than one registered person in respect of an establishment or agency, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
Offences
51
1
A contravention, or failure to comply with, any of the provisions of regulations 6, 7, 9, 14, 15, 16(1) to (4), 17 to 32, 34 to 42 and 44 to 49 shall be an offence.
2
The Commission shall not bring proceedings against a person in respect of any contravention or failure to comply with those regulations unless —
a
subject to paragraph (4), he is a registered person;
b
notice has been given to him in accordance with paragraph (3);
c
the period specified in the notice, beginning with the date of the notice has expired; and
d
the person contravenes or fails to comply with any of the provisions of the regulations mentioned in the notice.
3
Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying —
a
in what respect in its opinion the registered person has contravened or is contravening any of the regulations, or has failed or is failing to comply with the requirements of any of the regulations;
b
what action, in the opinion of the Commission, the registered person should take so as to comply with any of those regulations; and
c
the period, not exceeding three months beginning on the date on which the notice is given, within which the registered person should take action.
4
The Commission may bring proceedings against a person who was once, but no longer is a registered person, in respect of a failure to comply with regulation 21 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
11th December 2001


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2001; they extend to England and Wales only, and shall come into force on 15th April 2001.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feedingstuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feedingstuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
After paragraph (2) of regulation 4 there shall be inserted —
2A
Where there is a changing date at the top of a column in Part 2 of Schedule 2, and an entry is shown in both italic and non-italic type, the figure in italic type is the level until the changing date, and the figure in non-italic type is the level on and after that date.
.
3
In Schedule 1 there shall be inserted at the appropriate place in columns 1 and 2 the following:
Column 1 Column 2 Pesticide Residues
Aldicarb sum of aldicarb, its sulfoxide and its sulfone, expressed as aldicarb Aminotriazole (Amitrole) aminotriazole Amitraz amitraz plus its metabolites containing 2,4-dimethylaniline, expressed as amitraz Aramite aramite Azoxystrobin azoxystrobin Barban barban Bromopropylate bromopropylate Chlorbenside chlorbenside Chlorbufam chlorbufam Chlorfenson chlorfenson Chloroxuron chloroxuron Diallate diallate 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane 1,1-dichloro-2,2-bis (4-ethyl-phenyl-) ethane Fenvalarate and esfenvalerate fenvalerate and esfenvalerate (sum of isomers) Flucythrinate sum of isomers Folpet folpet Kresoxim-methyl kresoxim-methyl (for plants) 2-methyloxyimino-2[2-(O-tolyloxymethyl) phenyl] acetic acid (for meat, liver, fat and 2-[2-(4-hydroxy-2-methylphenoxymethyl) phenyl]-2-methoxy-iminoacetic acid (for milk) Methidathion methidathion Methomyl thiodicarb sum of methomyl and thiodicarb expressed as methomyl Methoxychlor methoxychlor Phoxim phoxim Profenophos profenophos
4
In Part I of Schedule 2 to those Regulations, the entry for the pesticide in column 1 of the following table shall be deleted in relation to the crop opposite in column 2 on the date specified in column 3:
Column 1 Column 2 Column 3 Pesticide Crop Date of deletion
Carbendazim strawberries (other than wild) 1 July 2001 raspberries (other than wild) 1 April 2001 Chlorobenzilate Citrus fruit (the whole group) 1 April 2001 Diazinon early and ware potatoes 1 July 2001 Dicofol apricots 1 July 2001 peaches (incl nectarines and similar hybrids) plums currants (other than wild) (red, black and white) garlic cultivated mushrooms Endosulfan strawberries (other than wild) 1 July 2001 blackberries (other than wild) currants (other than wild) (red, black and white) gooseberries (other than wild) early and ware potatoes Metalaxyl citrus (whole group) 1 July 2001 Thiabendazole early potatoes 1 July 2001 Triazophos garlic/onions and shallots 1 July 2001 brussels sprouts head cabbage early and ware potatoes Vinclozolin celery 1 April 2001
5
For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.
6
In Schedule 3 —
a
in paragraph 1(vi) opposite the Group of products “Miscellaneous fruit” there shall be inserted “Papaya” in the appropriate place in column 2;
b
in paragraph 2(iii) opposite the Group of products “Fruiting vegetables” in “(a) Solanacea” there shall be inserted “Chilli peppers” between Peppers and Aubergines in column 2.
Helen Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
21st March 2001
Elis Thomas
The Presiding Officer of the National Assembly for Wales
15th March 2001


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


text:
1
For the purpose of connecting the motorway with other highways, so as to effect junctions at the places stated in the Schedule, the Secretary of State is authorised to provide along the routes described in the Schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the motorway” means the M11 Motorway;
ii
“the deposited plan” means the plan numbered marked “The M11 Motorway (Junction 8) Connecting Roads Scheme 2001”, signed by authority of the Secretary of State and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE;
iii
“the special roads” means all the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 23rd March 2001 and may be cited as the M11 Motorway (Junction 8) Connecting Roads Scheme 2001.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W. S. C. Wadrup
A Divisional Director in the Highways Agency
5th March 2001


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£244” there shall be substituted “£251” and for “£99” there shall be substituted “£102”.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd May 2001
We consent to the making of these Regulations
Clive Betts
Greg Pope
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th May 2001


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Money Laundering Regulations 2001.
2
These Regulations come into force —
a
for the purposes of regulation 3(3) to (5), on 15th July 2002;
b
for all other purposes, on 12th November 2001.
Interpretation
2
In these Regulations —
“applicant” means an applicant for registration as a money service operator under regulation 5;
“the appropriate judicial authority” means —
in England and Wales, a magistrates' court,
in Scotland, the sheriff,
in Northern Ireland, a court of summary jurisdiction;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“justice” means a justice of the peace or, in relation to Scotland, a justice within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995 ;
“money laundering offence” means an offence under the 1993 Regulations ;
“money laundering reporting officer” means the appropriate person within the meaning of regulation 14 of the 1993 Regulations;
“money service business” means the business of engaging in any of the activities referred to in regulation 4(1)(ga) of the 1993 Regulations (so far as not excluded by regulation 4(2) of those Regulations);
“money service operator” means a person who carries on money service business other than a person who carries on relevant financial business falling within any of sub-paragraphs (a) to (g) or (i) of regulation 4(1) of the 1993 Regulations;
“officer” has the meaning given by section 1(1) of the Customs and Excise Management Act 1979 ;
“officer in overall charge of the investigation” means the person whose name and address are endorsed on the order concerned as being the officer so in charge;
“operator” means a money service operator;
“recorded information” includes information recorded in any form and any document of any nature whatsoever;
“registered number” has the meaning given by regulation 4(3);
“the 1993 Regulations” means the Money Laundering Regulations 1993 ;
“the review procedure” means the procedure under regulation 16;
“ tribunal ” means a VAT and duties tribunal.
Application of the 1993 Regulations to bureaux de change etc
3
1
The 1993 Regulations are amended as follows.
2
In paragraph (1) of regulation 4 (relevant financial business) —
a
after sub-paragraph (g) insert —
ga
the activity of —
i
operating a bureau de change;
ii
transmitting money, or any representation of monetary value, by any means; or
iii
cashing cheques which are made payable to customers;
;
b
in sub-paragraph (h) for “(g)” substitute “(ga)”.
3
In paragraph (1) of regulation 10 (identification procedures; exemptions) —
a
omit sub-paragraphs (a) and (b) and insert —
a
where there are reasonable grounds for believing that the applicant for business —
i
is a person who is bound by the provisions of regulation 5(1) above, or
ii
is otherwise a person who is covered by the Money Laundering Directive,
other than a person who is engaged in any of the activities mentioned in regulation 4(1)(ga) above;
;
b
in sub-paragraph (c)(i) omit “or (b)”.
4
In paragraph (1) of regulation 11 (identification procedures; supplementary provisions) after “the purposes of these Regulations,” insert “and subject to paragraph (1A) below,”.
5
After paragraph (1) of regulation 11 insert —
1A
Where the applicant is a person who is engaged in any of the activities mentioned in regulation 4(1)(ga) above, satisfactory evidence of identity shall also include the applicant’s registered number within the meaning given by regulation 4(3) of the Money Laundering Regulations 2001.
.
PART II
REGISTRATION
Register of money service operators
4
1
The Commissioners must maintain a register of money service operators.
2
The Commissioners may keep the register in any form they think fit.
3
The Commissioners must allocate to every registered money service operator a number, which is to be known as his registered number.
Requirement to be registered
5
1
A person who, on or after 1st June 2002, acts as a money service operator must be registered by the Commissioners.
2
Paragraph (1) does not apply to a person who, immediately before 1st June 2002, is acting as a money service operator, provided he has before that date made an application to be registered which has not been determined.
3
A person to whom this regulation applies must —
a
make an application to be registered in such manner as the Commissioners may direct; and
b
furnish the following information to the Commissioners, that is to say —
i
the applicant’s name and (if different) the name of the business;
ii
the applicant’s VAT registration number or, if he is not registered for VAT, any other reference number issued to him by the Commissioners;
iii
the nature of the business;
iv
the address of each of the premises at which the applicant carries on (or proposes to carry on) business;
v
any agency or franchise agreement relating to the business, and the names and addresses of all relevant principals, agents, franchisors or franchisees;
vi
the name of the relevant money laundering reporting officer (if any); and
vii
whether any person concerned (or proposed to be concerned) in the management, control or operation of the business has been convicted of a money laundering offence or of money laundering within the meaning of regulation 2(3) of the 1993 Regulations.
4
At any time after receiving an application to be registered and before determining it, the Commissioners may require the applicant to furnish them, within 21 days beginning with the date of being requested to do so, with such further information as they reasonably consider necessary to enable them to determine the application.
5
Any information to be furnished to the Commissioners under this regulation must be in such form or verified in such manner as they may specify.
6
In this regulation, “the business” means money service business which the applicant carries on or proposes to carry on.
Supplementary information
6
1
If any at time after supplying the Commissioners with any information under regulation 5 —
a
there is a change affecting any matter contained in that information; or
b
it becomes apparent that the information contains an inaccuracy;
the applicant or, as the case may be, the operator must supply the Commissioners with details of the change or, as the case may be, a correction of the inaccuracy (hereafter “supplementary information”) within 30 days beginning with the date of the occurrence of the change or, as the case may be, the discovery of the inaccuracy.
2
The supplementary information must be supplied in such manner as the Commissioners may direct.
3
The obligation in paragraph (1) applies also to changes affecting any matter contained in any supplementary information supplied pursuant to this regulation.
Determination of application to register
7
1
The Commissioners may refuse to register an applicant if, and only if —
a
any requirement of —
i
paragraphs (3) to (5) of regulation 5 (requirement to be registered);
ii
regulation 6 (supplementary information); or
iii
regulation 9 (fees);
has not been complied with; or
b
it appears to them that any information supplied pursuant to regulation 5 or 6 is false or misleading in a material particular.
2
The Commissioners must, by the end of the period of 45 days beginning with the date on which they receive the application or, where applicable, the date on which they receive any further information required under regulation 5(4), give notice in writing to the applicant of —
a
his registered number; or
b
the following matters, that is to say —
i
their decision not to register the applicant;
ii
the reasons for their decision;
iii
the review procedure; and
iv
the right to appeal to a tribunal.
Cancellation of registration
8
1
The Commissioners may cancel the registration of an operator if, at any time after registration, it appears to them that they would have had grounds to refuse registration under paragraph (1) of regulation 7 (determination of application to register).
2
Where the Commissioners decide to cancel the registration of an operator, they must forthwith inform him, in writing, of —
a
their decision and the date from which the cancellation takes effect;
b
the reasons for their decision;
c
the review procedure; and
d
the right to appeal to a tribunal.
Fees
9
1
The Commissioners may charge a fee —
a
to an applicant; and
b
to an operator annually on the anniversary of his registration by them under these Regulations.
2
The Commissioners may charge under paragraph (1) such fees as they consider will enable them to meet any expenses incurred by them in carrying out any of their functions under these Regulations or for any incidental purpose.
3
Without prejudice to the generality of paragraph (2), a fee may be charged in respect of each of the premises at which the operator or, as the case may be, the applicant carries on (or proposes to carry on) money service business.
PART III
POWERS OF THE COMMISSIONERS
Entry, inspection etc
10
1
Where an officer has reasonable cause to believe that any premises are used in connection with money service business, he may at any reasonable time enter and inspect the premises and inspect any recorded information or currency found on the premises.
2
A money service operator must —
a
furnish to an officer, within such time and in such form as the officer may reasonably require, such information relating to the operator’s business as the officer may reasonably specify; and
b
upon demand made by the officer, produce or cause to be produced for inspection by the officer at such place, and at such time, as the officer may reasonably require, any recorded information relating to the operator’s business.
Order for access to recorded information
11
1
Where, on an application by an officer, a justice is satisfied that there are reasonable grounds for believing —
a
that a money laundering offence is being, has been or is about to be committed by a money service operator; and
b
that any recorded information which may be required as evidence for the purpose of any proceedings in respect of such an offence is in the possession of any person;
he may make an order under this regulation.
2
An order under this regulation is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates must —
a
give an officer access to it;
b
permit an officer to take copies of, or make extracts from, any information produced; and
c
permit an officer to remove and take away any of it which he reasonably considers necessary;
not later than the end of the period of 7 days beginning with the date of the order or the end of such longer period as the order may specify.
3
Where the recorded information consists of information stored in any electronic form, an order under this regulation has effect as an order to produce the information in a form in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and, if the officer wishes to remove it, in a form in which it can be removed.
Procedure where recorded information is removed
12
1
An officer who removes any recorded information in the exercise of a power conferred by regulation 11 must, if so requested by a person showing himself —
a
to be the occupier of premises from which it was removed; or
b
to have had custody or control of it immediately before the removal;
provide that person with a record of what he removed.
2
The officer must provide the record within a reasonable time from the making of the request for it.
3
Subject to paragraph (7), if a request for permission to be granted access to anything which —
a
has been removed by an officer; and
b
is retained by the Commissioners for the purposes of investigating an offence;
is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed or by someone acting on behalf of such a person, that officer must allow the person who made the request access to it under the supervision of an officer.
4
Subject to paragraph (7), if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, that officer must —
a
allow the person who made the request access to it under the supervision of an officer for the purpose of photographing it or copying it; or
b
photograph or copy it, or cause it to be photographed or copied.
5
Where anything is photographed or copied under sub-paragraph (4)(b), the photograph or copy must be supplied to the person who made the request.
6
The photograph or copy must be supplied within a reasonable time from the making of the request.
7
There is no duty under this regulation to grant access to, or supply a photograph or a copy of, anything if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice —
a
that investigation;
b
the investigation of an offence other than the offence for the purposes of the investigation of which the document was removed; or
c
any criminal proceedings which may be brought as a result of —
i
the investigation of which he is in charge; or
ii
any such investigation as is mentioned in sub-paragraph (b).
Failure to comply with requirements under regulation 12
13
1
Where, on an application made as mentioned in paragraph (2), the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by regulation 12, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.
2
An application under paragraph (1) may only be made —
a
in the case of a failure to comply with any of the requirements imposed by regulation 12(1) and (2), by the occupier of the premises from which the thing in question was removed or by the person who had custody or control of it immediately before it was so removed; and
b
in any other case, by the person who had such custody or control.
3
In England and Wales and Northern Ireland, an application for an order under this regulation is to be made by complaint; and sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 apply as if any reference in those provisions to any enactment included a reference to this registration.
Entry, search etc
14
1
Where a justice is satisfied on information on oath that there is reasonable ground for suspecting that a money laundering offence is being, has been or is about to be committed by a money service operator on any premises or that evidence of the commission of such an offence is to be found there, he may issue a warrant in writing authorising any officer to enter those premises, if necessary by force, at any time within one month from the time of the issue of the warrant and search them.
2
A person who enters the premises under the authority of the warrant may —
a
take with him such other persons as appear to him to be necessary;
b
seize and remove any documents or other things whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of a money laundering offence; and
c
search or cause to be searched any person found on the premises whom he has reasonable cause to believe to be in possession of any such documents or other such things;
but no woman or girl may be searched except by a woman.
3
The powers conferred by a warrant under this regulation may not be exercised —
a
outside such times of day as may be specified in the warrant; or
b
if the warrant so provides, otherwise than in the presence of a constable in uniform.
4
An officer seeking to exercise the powers conferred by a warrant under this regulation or, if there is more than one such officer, that one of them who is in charge of the search must provide a copy of the warrant endorsed with his name as follows —
a
if the occupier of the premises concerned is present at the time the search is to begin, the copy must be supplied to the occupier;
b
if at that time the occupier is not present but a person who appears to the officer to be in charge of the premises is present, the copy must be supplied to that person;
c
if neither sub-paragraph (a) nor (b) applies, the copy must be left in a prominent place on the premises.
PART IV
PENALTIES, REVIEW AND APPEALS
Power to impose penalties
15
1
The Commissioners may impose a penalty of such amount as they consider appropriate, not exceeding £5,000, on a person to whom regulation 5 (requirement to be registered) applies, where that person fails to comply with any requirement in regulation 5, 6 (supplementary information), 9 (fees) or 10 (entry, inspection etc).
2
The Commissioners must not impose a penalty on a person where there are reasonable grounds for them to be satisfied that the person took all reasonable steps for securing that the requirement would be complied with.
3
Where the Commissioners decide to impose a penalty under this regulation, they must forthwith inform the person, in writing, of —
a
their decision to impose the penalty and its amount;
b
their reasons for imposing the penalty;
c
the review procedure; and
d
the right to appeal to a tribunal.
4
Where a person is liable to a penalty under this regulation, the Commissioners may reduce the penalty to such amount (including nil) as they think proper.
Review procedure
16
1
This regulation applies to the following decisions of the Commissioners, that is to say —
a
a decision under regulation 7 to refuse to register an applicant;
b
a decision under regulation 8 to cancel the registration of an operator;
c
a decision under regulation 15 to impose a penalty.
2
Any person who is the subject of a decision as mentioned in paragraph (1) may by notice in writing to the Commissioners require them to review that decision.
3
The Commissioners need not review any decision unless the notice requiring the review is given before the end of the period of 45 days beginning with the date on which written notification of the decision was first given to the person requiring the review.
4
A person may give a notice under this regulation to require a decision to be reviewed for a second or subsequent time only if —
a
the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider certain facts or other matters; and
b
he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review except in so far as they are relevant to any issue to which the facts or matters not previously considered relate.
5
Where the Commissioners are required under this regulation to review any decision they must either —
a
confirm the decision; or
b
withdraw or vary the decision and take such further steps (if any) in consequence of the withdrawal or variation as they consider appropriate.
6
Where the Commissioners do not, within 45 days beginning with the date on which the review was required by a person, give notice to that person of their determination of the review, they are to be assumed for the purposes of these Regulations to have confirmed the decision.
Amendment to the Value Added Tax Act 1994
17
In section 83 (appeals) of the Value Added Tax Act 1994 after paragraph (z) insert —
zz
a decision of the Commissioners on a review under regulation 16 of the Money Laundering Regulations 2001;
.
Further provisions relating to appeals
18
On an appeal from any decision by the Commissioners, on a review under regulation 16, the tribunal have the power to —
a
quash or vary any decision of the Commissioners, including the power to reduce any penalty to such amount (including nil) as they think proper; and
b
substitute their own decision for any decision quashed on appeal.
PART V
MISCELLANEOUS
Prosecution of money laundering offences by the Commissioners
19
1
Proceedings for a money laundering offence may be instituted by order of the Commissioners.
2
Such proceedings may be instituted only against an operator or, where the operator is a body corporate, a partnership or an unincorporated association, against any person who is liable to be proceeded against under regulation 6 of the 1993 Regulations (offences by bodies corporate, partnerships and unincorporated associations).
3
Any such proceedings which are so instituted must be commenced in the name of an officer.
4
In the case of the death, removal, discharge or absence of the officer in whose name any such proceedings were commenced, those proceedings may be continued by another officer.
5
Where the Commissioners investigate, or propose to investigate, any matter with a view to determining —
a
whether there are grounds for believing that a money laundering offence has been committed by any person referred to in paragraph (2); or
b
whether such a person should be prosecuted for such an offence;
the matter is to be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 .
6
In exercising their power to institute proceedings for a money laundering offence, the Commissioners must comply with any conditions or restrictions imposed in writing by the Treasury.
7
Conditions or restrictions may be imposed under paragraph (6) in relation to —
a
proceedings generally; or
b
such proceedings, or categories of proceedings, as the Treasury may direct.
Recovery of fees and penalties through the court
20
Where any fee is charged, or any penalty is imposed, by virtue of these Regulations —
a
if the person from whom it is recoverable resides in England and Wales or Northern Ireland, it is recoverable as a civil debt; and
b
if that person resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
9th November 2001


text:
Title, commencement and extent
1
These Regulations may be cited as The Foot-and-Mouth Disease (Marking of Meat, Minced Meat and Meat Preparations) Regulations 2001; they extend to England and shall come into force on 5th May 2001.
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
2
1
The Fresh Meat (Hygiene and Inspection) Regulatons 1995 are amended in so far as they extend to England in accordance with this regulation.
2
After sub-paragraph (2) of paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 insert —
3
Sub-paragraph (1) does not apply to fresh meat originating from outside the United Kingdom and handled in accordance with Article 2(2)(c) of Commission Decision 2001/172/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.
4
Fresh meat to which sub-paragraph (3) applies must be marked in accordance with paragraph 1 of this Schedule.
.
Amendment to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
3
1
The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in so far as they extend to England in accordance with this regulation.
2
In this regulation a reference to a regulation by number alone is a reference to the regulation so numbered in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.
3
In regulation 7 —
a
after paragraph (1A) insert —
1B
Paragraph (1A) does not apply to minced meat made from fresh meat originating from outside the United Kingdom and handled in accordance with Article 2(2)(c) of Commission Directive 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.
;
b
for paragraph (5) substitute —
5
Except where paragraph (6) or paragraph (7) applies, no person shall affix the health mark to any minced meat which has been processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001 .
; and
c
after paragraph (5), insert —
6
The health mark may be affixed to minced meat which satisfies the requirements specified in paragraph (1) and is made from fresh meat originating from outside the United Kingdom and handled in accordance with Article 2(2)(c) of Commission Decision 2001/172/EC .
7
Until 23rd July 2001, where minced meat not intended for intra-Community trade is wrapped in commercial portions intended for direct sale to the consumer, the health mark may be affixed provided that the minced meat is also marked with the stamp specified in paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 (except that the dimension requirements need not apply).
8
The stamp specified in paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 may be applied to minced meat which —
a
satisfies the requirements specified in paragraph (1); and
b
is made from fresh meat which is itself marked with that stamp,
except that the dimension requirements need not apply where the stamp is applied to minced meat wrapped in commercial portions intended for direct sale to the consumer.
4
In regulation 8 —
a
after paragraph (4A) insert —
4B
Paragraph (4A) does not apply to meat preparations made from fresh meat originating from outside the United Kingdom and handled in accordance with Article 2(2)(c) of Commission Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom,
;
b
for paragraph (6), substitute —
6
Except where paragraph (7) or paragraph (8) applies, no person shall affix the health mark to any meat preparation conaining meat from animals of the bovine, ovine, caprine and porcine species and other biungulates and processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001 .
; and
c
after paragraph (6), insert —
7
The health marks may be affixed to any meat preparation which satisfies the requirements specified in paragraph (1) and is made from fresh meat originating from outside the United Kingdom and handled in accordance with Article 2(2)(c) of Commission Decision 2001/172/EC .
8
Until 23rd July 2001, where meat preparations not intended for intra-Community trade are wrapped in commercial portions intended for direct sale to the consumer, the health mark may be affixed provided that the meat preparations are also marked with the stamp specified in paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 (except that the dimension requirements need not apply).
9
The stamp specified in paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 may be applied to meat preparations which —
a
satisfy the requirements specified in paragraph (1); and
b
are prepared from fresh meat which is itself marked with that stamp,
except that the dimension requirement need not apply where the stamp is applied to meat preparations wrapped in commercial portions intended for direct sale to the consumer.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
4th May 2001