type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These regulations may be cited as the Motor Vehicles (Third Party Risks) (Amendment) Regulations 2001 and shall come into force on 16th July 2001.
Amendment of the 1972 Regulations
2
1
The Motor Vehicles (Third Party Risks) Regulations 1972 are amended in accordance with paragraphs (2), (3) and (4) below.
2
In regulation 4(1), after the definition of “company”, there is inserted —
“Motor Insurers' Bureau” means the company referred to in section 145(5) of the Road Traffic Act 1988;
.
3
For regulation 10(1) there is substituted —
1
Every company by whom a policy or security is issued must keep a record of the following particulars relating to that policy or security and which are either contained therein or specified in a certificate of insurance or security issued in respect thereof —
a
the number of the policy or security;
b
the name and address of the person to whom the policy or security is issued;
c
either —
i
the name of every person whose liability is covered by the policy or security, or
ii
(where it is not reasonably possible for the company to keep a record of those names) a description of the persons whose liability is covered by the policy or security;
d
in respect of vehicles the use of which is covered by the policy or security —
i
the registration number of every vehicle specifically identified by that number in the policy or security (a “specified vehicle”), and
ii
a description of every other vehicle or class of vehicles which are identified in the policy or security other than by reference to a registration number;
e
a description of every specified vehicle sufficient to enable it to be identified by a police officer;
f
the date on which the policy or security comes into force and the date on which it expires;
g
in the case of a policy, the conditions subject to which the person or persons whose liability is covered will be indemnified by the insurer;
h
in the case of a security, the conditions subject to which the undertaking by the giver of the security will be implemented.
4
For regulation 10(4) there is substituted —
4
Records which are required to be kept under paragraph (1) shall be preserved by the company keeping them for a period of seven years commencing on the expiry of the relevant policy or security.
5
Every company, specified body and other person required by this regulation to keep records —
a
shall furnish, without charge, to the Secretary of State or a chief officer of police upon request any particulars contained in those records, and
b
may provide copies of those records to the Motor Insurers' Bureau or, if the Bureau so requests, to a subsidiary company nominated by it but where copies are provided they must be provided in electronic form.
6
Where a copy of any record has been provided to the Motor Insurers' Bureau or its nominated subsidiary under paragraph (5)(b), the Bureau or its subsidiary shall —
a
in the case of a record which is required to be kept under paragraph (1), preserve that copy record for a period of seven years from the date of expiry of the relevant policy or security, and
b
furnish, without charge, to the Secretary of State or a chief officer of police upon request any particulars which it holds by virtue of this regulation.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th June 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 13) Regulations 2001; they extend to England and come into force at 8.00 p.m. on 3rd December 2001.
2
These Regulations shall apply until midnight on 31st January 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC as last amended by Commission Decision 2001/848/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Importation of live animals
4
1
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
2
Paragraph (1) shall not apply in relation to animals brought into one of the areas on the Schedule under the following conditions —
a
the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
b
the Secretary of State must be notified by those competent authorities, at least three working days before arrival in England, of the details of the consignment, the journey and the port of arrival;
c
before the animals are imported the importer must have obtained a movement licence under the Foot-And-Mouth Disease Order 1983 permitting movement from the port of import to the place of destination;
d
the animals must enter through a port specified in Schedule 1;
e
when animals are brought in by road, each vehicle must contain only a single consignment;
f
the consignment must be taken directly to a single holding in an area specified in Schedule 2;
g
after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer the local authority or the Secretary of State to cleansing and disinfection premises approved by the Secretary of State;
h
after cleansing and disinfection the Secretary of State shall issue a certificate in the form set out in Schedule 3;
i
the driver of the vehicle shall keep the certificate with him until the vehicle leaves Great Britain and shall produce it to an inspector on demand.
Dispatch of live animals
5
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
Dispatch of fresh meat, minced meat and meat preparations
6
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from approved cutting plants under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in the Schedule;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the productions and marketing of meat products and certain other products of animal origin ) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat ) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex I of Chapter VII of Council Directive 92/45/EC (on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat );
iv
the cutting plant must be operated under strict veterinary control; and
v
the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph(a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in Schedule 2;
ii
cleansing and disinfection must be carried out after processing any meat not meeting this requirement;
iii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC ;
iv
the plant must be operated under strict veterinary control; and
v
the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;
d
fresh meat, minced meat or meat preparations obtained from bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from animals reared within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal is sourced during the 90 days prior to dispatch;
iii
during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the areas listed in Schedule 2 in the centre of a circle around the holding of at least 10 km radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
iv
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(iii) above during the past 30 days prior to loading, or in the case of farmed game prior to on-farm slaughtering, except in the case of pigs coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;
v
the animals, or in the case of farmed game slaughtered on the farm, the carcases, must be transported under licence in writing granted by an officer of the local authority where the holding is situated, directly from the holding to an approved establishment situated in a county in England listed in Schedule 2;
vi
the licence must be indorsed by a person authorized in writing by the Secretary of State to confirm that they have checked farm movement records, inspected the vehicle for cleansing and disinfection and observed the loading of the consignment;
vii
the means of transport must be cleansed and disinfected before the animals are loaded;
viii
the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that pigs the meat of which is intended for dispatch under this paragraph will be sent to the slaughterhouse;
ix
the animals must be slaughtered within 24 hours of arrival at the establishment separately from animals whose meat is not eligible for dispatch;
x
during inspection by the official veterinary surgeon at the slaughterhouse no evidence of clinical or post-mortem signs of foot-and-mouth disease were established;
xi
the meat derived from such animals remained in the establishment for at least 24 hours after slaughter;
xii
all fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC or in the case of farmed game the health mark provided for in Chapter III of Annex I of Council Directive 91/495/EEC ;
xiii
the slaughterhouse must be operated under strict veterinary control;
xiv
in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xv
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
e
fresh meat obtained from wild game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from wild game killed within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal was sourced during the 90 days prior to dispatch;
iii
the meat originates from animals killed at least 20 kilometres from areas not included in Schedule 2;
iv
after the animals were killed, the carcases were handled in accordance with the provisions of Annex I, Chapter III of Council Directive 92/45/EC and transported to an establishment which is either a wild game collection centre or an approved processing hose, for chilling;
v
the wild game collection centre or the approved processing house must be in an area in Schedule 2;
vi
during post-mortem inspection by the official veterinary surgeon the carcases were found free of lesions of foot-and-mouth disease;
vii
the meat derived from the animals remained in the establishment for at least 24 hours after the post-mortem inspection;
viii
at all stages of production the meat must have been handled in accordance with the requirements of Council Directive 92/45/EEC ;
ix
the meat must bear the health mark in accordance with Chapter VII of Annex I to Council Directive 92/45/EEC ;
x
the establishment must be operated under strict veterinary control;
xi
in the case where foot-and-mouth disease has been diagnosed in the establishment, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xii
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
f
fresh meat destined for placing on the market in Great Britain and obtained from cutting plants situated in the British Islands outside the areas listed in Schedule 2 under the following conditions —
i
the meat is derived from animals reared and slaughtered in Great Britain;
ii
the meat remained in the slaughterhouse for at least 24 hours after slaughter;
iii
the cutting plants processing the meat are approved by the competent authority exclusively for the production of fresh meat destined for dispatch only within the United Kingdom;
iv
all such meat shall be transported, stored and processed separately from meat eligible for dispatch and shall bear the health mark in accordance with Commission Decision 2001/304/EC (on marking and use of certain animal products in relation to Decision 2001/172/EC );
v
all meat originating in the restricted area and processed in cutting plants referred to in sub-paragraph (f)(iii) shall only be placed on the market in the restricted area;
vi
the plants must be operated under strict veterinary control.
4
Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of meat products
7
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in approved establishments which at the time of processing of meat eligible for dispatch met the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 6(3);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Council Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
8
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in approved establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products
9
1
No person shall dispatch milk products;
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 8;
c
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus;
d
milk products intended for human consumption produced from milk of a pH less than 7.0 and subjected to heat treatment at a temperature of at least 72°C for at least 15 seconds or an equivalent treatment;
e
milk products intended for human consumption produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during which the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in approved establishments under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 8(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the milk products must only be intended for human consumption and all milk products used in the final product will either conform to the conditions of paragraphs 3(a) (i) and (ii) above or meet the conditions of paragraph (2)(d) or (2)(e) of this regulation;
iv
the establishment shall be under strict veterinary control; and
v
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1 February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
“Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, etc.
10
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
the donor bull or boar was kept in the semen collection centre for at least three months (which may include the isolation period of at least 30 days in isolation accommodation attached to the semen collection centre) prior to the collection of the semen;
iii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iv
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
v
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
vi
the donor bull or boar showed a negative response to a test for antibodies against foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen;
vii
prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of the storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;
viii
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
ix
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member State shall bear the following words —
“Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
“Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
The health certificate provided for in Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
“Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19 October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom”.
Dispatch of hides and skins
11
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14.
Dispatch of animal products
12
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
“Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 14 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
13
The prohibitions in regulations 7, 8, 9 and 12 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
15
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Dispatch of equidae
16
1
Any person dispatching equidae shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
A veterinary inspector shall only issue a certificate referred to in paragraph (1) if —
a
he is satisfied that the animal has not come from a holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983 ;
b
he has inspected the animal and is satisfied that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected to his satisfaction; and
c
the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983.
3
The health certificate accompanying equidae exported to another member State in accordance with the provisions of this article shall bear the following words —
“Equidae conforming to Commission Decision 2001/356/EC of 4 May 2001, concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.”
4
Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Council Directive 90/426/EEC .
Offers to dispatch or export
17
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
18
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
19
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
20
1
Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Fees
21
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out for the purposes of establishing the eligibility for dispatch of products under these Regulations a reasonable fee in respect of costs reasonably incurred.
Obstruction
22
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
23
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
24
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
25
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 17 or regulation 22(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, approvals, etc. issued in another part of the British Islands
26
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
27
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
28
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 12) Regulations 2001 and the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (No. 2) Regulations 2001 are revoked.
Consequential amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
29
In so far as they extend to England, the Fresh Meat (Hygiene and Inspection) Regulations 1995 are amended by substituting for sub-paragraph (3) of paragraph 9 of Schedule 12 the following —
3
Sub-paragraph (1) does not apply to fresh meat handled in accordance with sub-paragraphs (a), (b) or (d) of regulation 6(3) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 13) Regulations 2001.
Whitty
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
5.10 p.m. 3rd December 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2001 and shall come into force on 31st January 2002.
Amendments to the Social Security Contributions (Decisions and Appeals) Regulations 1999
2
Amend the Social Security Contributions (Decisions and Appeals) Regulations 1999 in accordance with the provisions of regulations 3 and 4.
3
In regulation 8 for paragraph (1) substitute —
1
This regulation applies where there is more than one appeal under Part II of the Transfer Act or Part III of the Transfer Order against the same decision and none of the appellants has elected in accordance with section 46(1) of the Management Act to bring the appeal before the Special Commissioners instead of before the General Commissioners.
.
4
After regulation 8 insert —
Transfer of proceedings to the Special Commissioners etc.
8A
1
Subsections (2), (3), (3A), (4) and (5) of section 44 of the Management Act apply to appeals to the tax appeal Commissioners under Part II of the Transfer Act and Part III of the Transfer Order as they apply to proceedings relating to income tax with the modifications specified in this regulation.
2
In those subsections “the Taxes Acts” includes Part II of the Transfer Act and Part III of the Transfer Order.
3
In the said subsection (2) for “the said rules” substitute “the rules relating to the assignment of appeals given in the Social Security Contributions (Decisions and Appeals) Regulations 1999”.
4
In the said subsection (4) after “this section” insert “or the Social Security Contributions (Decisions and Appeals) Regulations 1999”.
.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
Dated 22nd November 2001
The Lord Chancellor and the Scottish Ministers concur in these Regulations.
Irvine of Lairg, C
Dated 1st December 2001
James R Wallace
A member of the Scottish Executive
Dated 13th December 2001


text:
Citation and commencement
1
This Order may be cited as the Nottingham Community Health National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
1
The Nottingham Community Health National Health Service Trust established by the Nottingham Community Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
15th March 2001


text:
1
This Order may be cited as the EUTELSAT (Immunities and Privileges) (Amendment) Order 2001 and shall come into force on the date on which the Amendments to the Convention and the Operating Agreement relating to the European Telecommunications Satellite Organization (EUTELSAT) enter into force for the United Kingdom.
2
The following words shall be deleted from Article 10 of the EUTELSAT (Immunities and Privileges) Order 1988 :
by or on behalf of the Organisation of communications satellites and their component parts, of the EUTELSAT space segment, and of equipment for use in the EUTELSAT space segment or imported in connection with the launching of satellites for that use
.
3
The words “of goods, and on the importation of any publication of the Organisation” shall be inserted in Article 10 of the EUTELSAT (Immunities and Privileges) Order 1988 after the word “importation”.
A. K. Galloway
Clerk of the Privy Council
2001


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Organic Products Regulations 2001, shall come into force on 19th March 2001 and, subject to paragraph (2) below, shall apply to England.
2
The provisions of regulation 3(3) below shall also apply to Scotland.
Interpretation
2
1
In these Regulations, except where the context requires otherwise —
“authorised officer” means any person (whether or not an officer of a local authority) who is authorised by a local authority in writing, either generally or specially, to act in matters arising under these Regulations;
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a public or local authority;
“the Commission Regulations ” means the Commission Regulations listed in Schedule 1 to these Regulations;
“the Council Regulation ” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as read in accordance with Schedule 2 to these Regulations;
“inspection” means a precautionary or inspection measure described in Annex III to the Council Regulation;
“inspection body”, otherwise than in the expression “private inspection body”, means a private inspection body holding a current approval from the Minister under Article 9 of the Council Regulation;
“local authority” means —
for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and
for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“notification” means a notification of the information specified in Annex IV to the Council Regulation made by an operator under Article 8(1)(a) of that Regulation;
“organic products” means the products referred to in Article 1(1) of the Council Regulation;
“public analyst” has the same meaning as in the Food Safety Act 1990 ;
“specified Community provisions” means those provisions of the Council Regulation which are specified in column 1 of Schedule 3 to these Regulations, as read with —
any supplementary provisions specified in column 2 thereof;
Article 3 of Council Regulation (EEC) No. 1804/1999 supplementing Regulation (EEC) No. 2092/91 to include livestock production, and
any additional provisions thereto contained in the UKROFS Livestock Standards;
“UKROFS” means the United Kingdom Register of Organic Food Standards;
“UKROFS Livestock Standards” means the standards for organic livestock and livestock products contained in the UKROFS Standards for Organic Food Production, February 2001 Edition, published by the Ministry of Agriculture, Fisheries and Food.
2
Other expressions used in these Regulations, where they also appear in the Council Regulation and the Commission Regulations, have the same meanings as in those Regulations.
Designation of authority for the reception of notifications and operation of inspection system, and information to local authorities
3
1
The Minister is designated as —
a
the authority responsible for the receipt of notifications under Article 8(1) of the Council Regulation and making available to interested parties the updated list referred to in Article 8(3) of that Regulation;
b
the inspection authority responsible for the operation of the inspection system referred to in Article 9(1) of the Council Regulation;
c
the authority responsible for the approval and supervision of private inspection bodies, in accordance with Articles 9(4) to (9), (11) and (12) and 10(3) of the Council Regulation, and
d
the competent authority for the purposes of Articles 9(9)(b), 10(3)(b) and 11(6) of the Council Regulation.
2
Where, following the attempted exercise of a function under Article 9(9) or 10(3) of the Council Regulation by the Minister or an inspection body, the Minister or body, as the case may be, has reason to believe that any person is using in any local authority area any indication which the Minister and the inspection body are required by that Article to prevent him from using —
a
the Minister or the inspection body, as appropriate, shall notify in writing that use to the local authority of that area;
b
where the notification referred to in sub-paragraph (a) above is given by an inspection body, it shall also notify in writing that use to the Minister, and
c
the Minister or the inspection body, as the case may be, giving such notification shall give the local authority any information which the local authority may reasonably require for the purpose of enforcement under regulation 6 below in relation to the use of that indication.
3
The Minister may, with the agreement of the Scottish Ministers, act on their behalf in respect of any functions exercisable by them in or as regards Scotland as an authority of a kind mentioned in paragraph (1)(a), (b), (c) or (d) above.
Additional requirement relating to the labelling of organic products
4
For the purposes of Article 5(1)(d), (3)(g), (5)(e) and (5a)(h) of the Council Regulation, the operator in question shall include on the labelling a reference to the code number of the inspection authority or body to which he is subject.
Inspection system
5
1
The Minister and each inspection body may make a charge for any inspection which he or it carries out, of an amount not exceeding the expenses reasonably incurred by him or it in connection with the inspection, and any such charge shall be recoverable by the Minister or the inspection body, as the case may be.
2
Where an operator has been unable to reach agreement with an inspection body for the carrying out of an inspection, the Minister shall, if so requested by the operator, take such steps as are necessary to procure that an inspection is carried out by such other inspection body as may agree to do so.
3
For the purposes of this regulation “operator” shall have the same meaning as it bears in Article 9(2) of the Council Regulation.
Enforcement, offences and penalties
6
1
Each local authority shall enforce and execute within its area the specified Community provisions and regulation 4 above.
2
Any person who contravenes or fails to comply with any of the specified Community provisions or regulation 4 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
For the purposes of the enforcement and execution of the specified Community provisions and regulation 4 above, the supply in the course of a business of organic products, otherwise than on sale, shall be deemed to be a sale of such products and for those purposes sale shall include possession for sale, or offer or exposure for sale.
4
For the purposes of the enforcement and execution of the specified Community provisions and regulation 4 above in respect of products intended for human consumption within the meaning of Article 1(1)(b) of the Council Regulation, any such product commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.
Procurement of samples
7
An authorised officer may, for the purposes of ascertaining whether any offence under these Regulations has been committed, purchase or take samples of any organic product.
Analysis, testing and examination
8
1
If an authorised officer who has procured a sample of any organic product considers that it should be analysed, examined or tested, he shall submit such sample to be analysed, examined or tested, as the case may be, by the public analyst for the area in which it was procured or, if the office of the public analyst for the area is vacant, to the public analyst for some other area.
2
The public analyst shall analyse, examine or test or have analysed, examined or tested, as soon as practicable, any sample submitted to him in pursuance of this regulation.
3
A public analyst who has analysed, examined or tested a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis, examination or test.
4
Any certificate of the results of an analysis, examination or test given by a public analyst in pursuance of this regulation shall be signed by the public analyst, but the analysis, examination or test may be made by any person acting under the direction of the analyst.
5
In any proceedings under these Regulations, the production by one of the parties —
a
of a document purporting to be a certificate under paragraph (3) above, or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a) above, the other party requires that the analyst shall be called as a witness.
6
In any such proceedings if a person charged intends to produce a certificate of a public analyst, or under paragraph (5) above to require that the analyst shall be called as a witness, notice of his intention, together, in the first-mentioned case, with a copy of the certificate, shall be given to the other party at least three clear days before the hearing or trial, and, if this requirement is not complied with, the court may, if it thinks fit, adjourn the hearing or trial on such terms as it thinks proper.
Analysis by Government Chemist
9
1
The court before which any proceedings are taken under these Regulations, may, if it thinks fit for the purposes of the proceedings, cause any product which —
a
is the subject of the proceedings, and
b
if it has already been analysed, examined or tested, is capable of being further analysed, examined or tested,
to be sent to the Government Chemist, who shall make such analysis, examination or test as is appropriate and transmit to the court a certificate of the result thereof; and the costs of the analysis, examination or test shall be paid by the prosecutor or the person charged as the court may order.
2
If, in a case where an appeal is brought, no action has been taken under paragraph (1) above, the provisions thereof shall apply also in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis, examination or test transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the analysis, examination or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed shall be called as a witness.
Powers of entry
10
1
An authorised officer shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purposes of ascertaining whether there is or has been any contravention of, or failure to comply with, the specified Community provisions or regulation 4 above.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is a reasonable ground for entry into any premises for any such purpose as is mentioned in paragraph (1) above and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier, or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under this regulation shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a business dealing with any organic product and, where any such records are kept by means of a computer —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford to him such assistance as he may reasonably require.
6
Any officer exercising any power conferred by paragraph (5) above may —
a
seize and detain any records which he has reason to believe may be required as evidence in any proceedings under these Regulations; and
b
where the records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
7
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
8
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 , to enter any premises —
a
in which an animal or bird affected with any disease to which that Act applies is kept; and
b
which is situated in a place declared under that Act to be infected with such a disease.
9
In this regulation “premises” includes any vehicle, stall or moveable structure, but does not include any premises used only as a dwelling.
Offences due to fault of another person and defence of due diligence
11
1
Where the commission by any person of an offence under regulation 6(2) above is due to an act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
In any proceedings for an offence under regulation 6(2) above, it shall, subject to paragraph (3) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
3
If in any case the defence provided by paragraph (2) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing, and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Obstruction etc. of officers
12
1
Any person who —
a
intentionally obstructs any person acting in the enforcement or execution of the Council Regulation or these Regulations, or
b
without reasonable cause, fails to give to any person acting in the enforcement or execution of the Council Regulation or these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under that Regulation or these Regulations,
shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b) above —
a
furnishes information which he knows to be false or misleading in a material particular, or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
4
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
13
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Protection of officers acting in good faith
14
1
An officer or agent of the Minister, of any inspection body or of any local authority is not personally liable in respect of any act done by him in the execution or purported execution of these Regulations or the Council Regulation within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations or the Council Regulation required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving the Minister or any inspection body or any local authority from any liability in respect of acts of their officers.
Revocations and amendments
15
1
The Regulations specified in Schedule 4 to these Regulations are hereby revoked in so far as they apply to England.
2
In the Organic Farming (Aid) Regulations 1994 , in so far as they apply to England, in regulation 2(1), in the definition of “inspection authority” there shall be substituted for the words “Organic Products Regulations 1992” the words “Organic Products Regulations 2001”.
3
In the Arable Area Payments Regulations 1996 , in so far as they apply to England, in regulation 2(1), in sub-paragraph (b) of the definition of “accepted organic farmer” there shall be substituted for the words “notified the appropriate Minister (as defined by regulation 2(1) of the Organic Products Regulations 1992)” the words “and regulation 3(1) of the Organic Products Regulations 2001 notified the Minister”.
4
In the Organic Farming Regulations 1999 , in regulation 2(1), in sub-paragraph (a) of the definition of “inspection authority” there shall be substituted for the words “Organic Products Regulations 1992” the words “Organic Products Regulations 2001”.
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
14th February 2001


text:
Title, commencement, extent and interpretation
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) Regulations 2001, shall come into force on 30th March 2001 and shall extend to England.
Amendment of the principal Regulations
2
The Miscellaneous Food Additives Regulations 1995 shall be amended, in so far as they extend to England, in accordance with regulations 3 to 5 below.
3
In regulation 2(1) (interpretation), in the definition of “Directive 96/77/ EC ” there shall be added at the end the words “and Commission Directive 2000/63/EC ” .
4
In regulation 11 (transitional provision and exemptions) there shall be inserted after paragraph (1B) the following paragraph —
1C
In any proceedings for an offence under these Regulations in respect of any food additive or food, it shall be a defence to prove that —
a
the food additive or food concerned was put on the market or labelled before 31st March 2001; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made by regulations 3 and 5 of the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 had not been made when that matter occurred.
.
5
In Schedule 5 (purity criteria) the entries relating to the miscellaneous additives listed in the Schedule to these Regulations shall be omitted.
Consequential amendments
6
1
In so far as any Instrument listed in regulation 14(1) of the Miscellaneous Food Additives (Amendment) Regulations 1999 extends to England, that provision shall cease to have effect in relation to that instrument.
2
In the following instruments, in so far as they extend to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those instruments as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 , the Miscellaneous Food Additives (Amendment) Regulations 1999 and these Regulations:
the Mineral Hydrocarbons in Food Regulations 1966
the Specified Sugar Products Regulations 1976
the Cocoa and Chocolate Products Regulations 1976
the Fruit Juices and Fruit Nectars Regulations 1977
the Condensed Milk and Dried Milk Regulations 1977
the Jam and Similar Products Regulations 1981
the Meat Products and Spreadable Fish Products Regulations 1984
the Food Additives Labelling Regulations 1992 .
the Food Labelling Regulations 1996 .
Signed by authority of the Secretary of State for Health.
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
11th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hertfordshire and Stevenage Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 North Hertfordshire and Stevenage 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 North Hertfordshire and Stevenage Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East and North Hertfordshire 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 East and North Hertfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The East and North Hertfordshire 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of North Lincolnshire (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of North Lincolnshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of North Lincolnshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of North Lincolnshire
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Burringham
3
1
The parish of Burringham shall be divided into two parish wards which shall bear the names Ashby Parkland and Burringham Village; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Ashby Parkland parish ward shall be four and for the Burringham Village parish ward shall be six.
Wards of the parish of Keadby with Althorpe
4
1
The number of parish councillors to be elected for the parish of Keadby with Althorpe shall be fifteen.
2
The existing wards of the parish of Keadby with Althorpe shall be abolished.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001