text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health and Social Care Act 2008 (Commencement No. 13, Transitory and Transitional Provisions and Electronic Communications) Order 2009 and shall come into force on 11th December 2009.
2
In this Order―
“ the Act ” means the Health and Social Care Act 2008;
“determination”, in relation to any person, means a decision to give―
a notice of proposal under section 26(3) of the Act (notice of proposals) to refuse a transitional application; or
a notice of decision under section 28 of the Act (notice of decisions) in respect of a transitional application,
in relation to one or more regulated activities;
“existing registrant” means a person, other than NHS Blood and Transplant , who, on the first appointed date―
is registered under section 10 of the Act (requirement to register as a service provider) by virtue of carrying on a regulated activity prescribed in regulation 3 of the Regulated Activities Regulations 2009 ; and
does not come within article 13(4) or (5);
“existing registration” means registration granted under section 12 of the Act (grant or refusal of registration as a service provider) in accordance with the Regulated Activities Regulations 2009;
“first appointed date” means 11th December 2009;
“new English NHS body” means an English NHS body that is established on or after the first appointed date but before 1st May 2010;
“new registration” means registration granted under section 12 of the Act, as modified by this Order, following a transitional application;
“Regulated Activities Regulations 2009” means the Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 ;
“second appointed date” means 1st April 2010;
“transitional application” means an application made to the Commission under section 11 of the Act (applications for registration as a service provider), as modified by this Order, by―
an existing registrant before the second appointed date, in relation to whom article 14 does not apply;
a new English NHS body; or
a person in relation to whom article 14 applies,
for registration as a service provider in respect of a period commencing on or after the second appointed date.
3
Any reference in this Order to a transitional application being―
a
granted or refused means granted or refused in relation to one or more regulated activities; or
b
made on a particular date means the date on which the application is received by the Commission.
Appointed day for commencement of provisions relating to the functions of the Commission
2
11th December 2009 is the day appointed for the coming into force of the following provisions of the Act―
a
section 16 insofar as not already in force;
b
sections 23 and 24;
c
section 25 insofar as not already in force;
d
sections 41 and 42 insofar as not already in force ;
e
section 49 insofar as not already in force ;
f
section 51 insofar as not already in force; and
g
section 72 insofar as not already in force.
Transitory provision relating to references to a service provider
3
For the period starting on the first appointed date and ending on 31st March 2010, the reference in section 11 of the Act (applications for registration as a service provider) to a person seeking to be registered as a service provider is to be interpreted as a reference to a person who intends to be carrying on, on or after the second appointed date, one or more activities which the person reasonably expects to be prescribed as a regulated activity under section 8 of the Act (“regulated activity”) from the second appointed date.
Notification to existing registrants of the need to make a transitional application
4
1
The Commission must, before 1st January 2010, give notice to each existing registrant of the need to make a transitional application.
2
A notice sent pursuant to paragraph (1) must specify―
a
the form in which the application must be made;
b
what information it must contain or be accompanied by; and
c
that the transitional application must be made to the Commission on or before 29th January 2010, in the specified form and contain or be accompanied by the specified information, in order for article 16(2) to apply.
Transitory modification relating to section 11(3) of the Act
5
For the purpose of a transitional application, section 11(3) of the Act (applications for registration as a service provider) is modified as if―
a
“In such cases as the Commission may determine,” were omitted; and
b
for “may” there were substituted “must, unless the person and the Commission agree otherwise in writing,”.
Transitional provisions relating to the grant or refusal of registration
6
1
Section 12 of the Act (grant or refusal of registration as a service provider) applies to a transitional application as if modified as set out in paragraph (2) .
2
For subsections (2) and (3) substitute―
2
If the Commission is satisfied that the requirements of regulations under section 20 are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application either unconditionally or subject to such conditions as it thinks fit.
3
If the Commission is not so satisfied then it must―
a
grant the application subject to such conditions as it thinks fit; or
b
refuse the application.
3A
The conditions referred to in subsections (2), (3) and (5)(b) may relate to the requirements of any other enactment which appears to the Commission to be relevant.
.
3
Paragraph (4) applies to a transitional application which is made―
a
on or before 29th January 2010; and
b
in such form, and containing or accompanied by such information, as the Commission specified pursuant to article 4(2).
4
Where this paragraph applies―
a
if registration is to be granted unconditionally, or subject only to conditions agreed between the Commission and the applicant, the Commission must use its best endeavours to give notice of that decision to the applicant before the second appointed date;
b
registration, if granted, takes effect from the second appointed date or the date upon which the application is granted, whichever is the later; and
c
section 12 of the Act applies to a transitional application from an existing registrant, as if, in addition to the modifications in paragraph (2) , for subsection (4) there were substituted―
4
Where the application is granted, the Commission must issue a certificate of registration to the applicant within 3 months of the date on which it grants the application.
.
Transitional provisions relating to registration subject to conditions
7
1
Where, pursuant to section 12 of the Act (grant or refusal of registration as a service provider) as modified by article 6 , the Commission decides to grant a transitional application subject to any condition which has not been agreed in writing between it and the applicant―
a
section 26(2) (notice of proposals) and 28(4)(b) (notice of decisions) of the Act do not apply; and
b
the Commission must follow the procedure set out in the following paragraphs.
2
The Commission must give the applicant notice in writing of its decision under paragraph (1) and of the conditions to which the registration is to be made subject.
3
A notice under paragraph (2) must―
a
give the Commission’s reasons for its decision; and
b
state that within 28 days of service of the notice, the person on whom it was served may make written representations to the Commission concerning any matter which that person wishes to dispute.
4
In the case of any application which is made on or before 29th January 2010, the Commission must use its best endeavours to give the notice referred to in paragraph (2) before the second appointed date.
5
Within 28 days of the date of receipt of representations from an applicant pursuant to paragraph (3)(b) , the Commission must give notice in writing―
a
confirming the original decision; or
b
varying or removing any of the conditions.
6
Section 32 of the Act (appeals to the Tribunal) applies to the notice referred to in paragraph (5) as it applies to a decision of the Commission under Chapter 2 of Part 1 of the Act.
7
Notwithstanding the right to make representations under paragraph (3) and the right of appeal to the Tribunal under paragraph (6) , any condition set out in a notice under paragraph (2) shall, unless otherwise specified by the Commission in the notice, have effect from the second appointed date or, if later, the date of grant of registration, until such date as―
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
8
Any removal of a condition set out in a notice under paragraph (5) has effect from the date of that notice.
9
Notwithstanding the right of appeal to the Tribunal under paragraph (6) , any varied condition set out in a notice under paragraph (5) shall, unless otherwise specified by the Commission in the notice, have effect from the date of the notice until such date as―
a
the registered person is notified in writing by the Commission of its variation or removal; or
b
the Tribunal directs that it is to cease to have effect.
10
In deciding whether to specify a date other than―
a
the second appointed date or, if later, the date of grant of registration, in the case of a notice under paragraph (2) ; or
b
the date of the notice, in the case of a notice under paragraph (5) varying any of the conditions,
the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the exposure of any person to the risk of harm.
Transitional provisions relating to refusal of registration
8
1
Where, pursuant to section 12 of the Act (grant or refusal of registration as a service provider) as modified by article 6 , the Commission proposes to refuse a transitional application it must, in the case of such an application made on or before 29th January 2010, use its best endeavours to give the applicant a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration) before the second appointed date.
2
Any subsequent notice of decision relating to that refusal given under section 28(3) of the Act (notice of decisions) must, in addition to the item listed in section 28(4)(a) of the Act, state that the decision takes effect―
a
on the second appointed date in the case of a decision made before that date or immediately in the case of a decision made on or after that date;
b
at the end of the period of 28 days referred to in section 32(2) of the Act (appeals to the Tribunal); or
c
subject to any decision by the Tribunal, at the end of such further period specified in the notice.
3
In deciding which of the periods listed in paragraph (2) to state in any particular case, the Commission must have regard to the need to strike a balance between the desirability of preserving service continuity and the need to safeguard persons against serious risks to their life, health or well-being.
Transitional applications where there is an outstanding matter relating to an application by a service provider to vary or remove a condition, or to cancel or vary a period of suspension
9
1
This article applies where a condition or period of suspension is in force before the second appointed date in relation to an existing registrant, an application has been made under section 19(1)(a) or (c) of the Act (application by registered persons) in relation to that condition or period of suspension and―
a
on a date on which the Commission makes a determination in relation to that registrant, paragraph (2)(a) , (b), (c) or (d) applies to that application; or
b
at any time after a decision has been made by the Commission to grant a transitional application, paragraph (4) (a), (b) or (c) applies to that application.
2
This paragraph applies where―
a
no notice of decision has been given under section 19(5) or (6) of the Act nor a notice of proposal given under section 26(5) of that Act (notice of proposals);
b
a notice of proposal has been given under section 26(5) of the Act, the Commission has not withdrawn that notice of proposal and no notice of decision has been given under section 28(3) of that Act (notice of decisions);
c
a notice of decision has been given under section 28(3) of the Act, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act (appeals to the Tribunal) has not elapsed and no appeal has been made; or
d
an appeal has been made under section 32 of the Act but that appeal has not been determined or withdrawn.
3
Where, at the time a determination falls to be made by the Commission―
a
paragraph (2)(a) applies, the Commission must consider the application under section 19(1)(a) or (c) of the Act in making that determination;
b
paragraph (2)(b) applies, the Commission must consider the notice of proposal and any representations received within the time period specified in section 27(1) of the Act (right to make representations) in making that determination;
c
paragraph (2)(c) applies, the Commission must consider the notice of decision in making that determination; or
d
paragraph (2)(d) applies, the Commission must consider the notice of decision and the grounds of appeal in making that determination.
4
Where, after a decision has been made by the Commission to grant a transitional application, the Commission gives―
a
a notice of decision under section 19(5) or (6) of the Act (application by registered persons);
b
a notice of proposal under section 26(5) of the Act (notice of proposal); or
c
a notice of decision under section 28(3) of the Act (notice of decisions),
the Commission must consider whether it should exercise its powers under section 12(5) (conditions of registration) or 18 (suspension of registration) of the Act in relation to the person’s new registration.
5
Where the Tribunal makes, in respect of an application to which this article applies, a decision pursuant to section 32 of the Act (appeals to the Tribunal), the Commission must, if notice of that decision is sent to it―
a
before it makes a determination in respect of the applicant, reflect that decision in making that determination; or
b
after it makes a decision to grant a transitional application, consider whether it needs to exercise its powers under section 12(5) or 18 of the Act in order to reflect that decision.
Transitional applications where there is an outstanding matter relating to a notice of proposal to vary or remove a condition, impose an additional condition, suspend registration or extend a period of suspension
10
1
This article applies where―
a
a notice of proposal has been given to an existing registrant under section 26(4)(b), (c) or (d) of the Act, in relation to an existing registration, to―
i
suspend registration,
ii
extend a period of suspension,
iii
vary or remove a condition, or
iv
impose any additional condition; and
b
either―
i
paragraph (2)(a) , (b) or (c) applies in respect of that notice of proposal on a date on which the Commission makes a determination in relation to that registrant, or
ii
paragraph (4) (a), (b), (c) or (d) applies at any time after a decision has been made by the Commission to grant a transitional application.
2
This paragraph applies where―
a
the Commission has not withdrawn that proposal and no notice of decision has been given under section 28 of the Act;
b
a notice of decision has been given under section 28 of the Act, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act has not elapsed and no appeal has been made; or
c
an appeal has been made under section 32(2) of the Act but that appeal has not been determined or withdrawn.
3
Where, at the time a determination falls to be made by the Commission―
a
paragraph (2)(a) applies, the Commission must consider the notice of proposal and any representations received within the time period specified in section 27(1) of the Act (right to make representations) in making that determination;
b
paragraph (2)(b) applies, the Commission must consider the notice of decision in making that determination; or
c
paragraph (2)(c) applies, the Commission must consider the notice of decision and the grounds of appeal in making that determination.
4
Where, after a decision has been made by the Commission to grant a person’s transitional application, the Commission gives a notice of decision under section 28 of the Act to―
a
suspend registration;
b
extend a period of suspension;
c
vary or remove a condition; or
d
impose any additional condition,
in relation to the existing registration of that person, the Commission must consider whether it should exercise its powers under section 12(5) (conditions of registration) or 18 (suspension of registration) of the Act in relation to the person’s new registration.
5
Where the Tribunal makes, in respect of a notice of decision to which this article applies, a decision pursuant to section 32 of the Act (appeals to the Tribunal), the Commission must, if notice of that decision is sent to it―
a
before it makes a determination in respect of the applicant, reflect that decision in that determination; or
b
after it has made a decision to grant a transitional application, consider whether it needs to exercise its powers under section 12(5) or 18 of the Act in order to reflect that decision.
Transitional applications where there is an outstanding matter relating to the urgent procedure to vary or remove a condition, impose an additional condition, suspend registration or extend a period of suspension
11
1
This article applies where―
a
a notice of decision has been given to an existing registrant under section 31 of the Act (urgent procedure for suspension, variation etc. ), in relation to an existing registration, to―
i
vary or remove a condition,
ii
impose any additional condition,
iii
suspend registration, or
iv
extend a period of suspension; and
b
either―
i
paragraph (2)(a) or (b) applies in respect of that notice on a date on which the Commission makes a determination in relation to that registrant, or
ii
paragraph (4)(a) , (b), (c) or (d) applies at any time after a decision has been made by the Commission to grant a transitional application.
2
This paragraph applies where―
a
the time for making an appeal under section 32(2) of the Act has not elapsed and no appeal has been made; or
b
an appeal has been made under section 32(2) of the Act but that appeal has not been determined or withdrawn.
3
Where, at the time a determination falls to be made by the Commission―
a
paragraph (2)(a) applies, the Commission must consider the notice of decision in making that determination; or
b
paragraph (2)(b) applies, the Commission must consider the notice of decision and the grounds of appeal in making that determination.
4
Where, after a decision has been made by the Commission to grant a person’s transitional application, the Commission gives a notice of decision under section 31 of the Act to―
a
vary or remove a condition;
b
impose any additional condition;
c
suspend registration; or
d
extend a period of suspension,
in relation to the existing registration of that person, the Commission must consider whether it should exercise its powers under section 12(5) (conditions of registration) or 18 (suspension of registration) of the Act in relation to the person’s new registration.
5
Where the Tribunal makes, in respect of a notice of decision to which this article applies, a decision pursuant to section 32 of the Act (appeals to the Tribunal), the Commission must, if notice of that decision is sent to it―
a
before it makes a determination in respect of the applicant, reflect that decision in that determination; or
b
after it has made a decision to grant a transitional application, consider whether it needs to exercise its powers under section 12(5) or 18 of the Act in order to reflect that decision.
Transitory modification of section 12(5) and 18 of the Act
12
1
Where article 9(4) or (5)(b), 10(4) or (5)(b) or 11(4) or (5)(b) applies―
a
the Commission may exercise its powers under section 12(5) or 18 of the Act in respect of a new registration, notwithstanding that the period of that registration has not commenced; and
b
when it does so exercise those powers, sections 12(5) and 18 are modified in accordance with paragraph (2) .
2
The modifications referred to in paragraph (1) are―
a
section 12(5) is modified as if “for the time being in force” is omitted; and
b
section 18 is modified as if―
i
in subsection (1), at the end there is inserted “commencing on or after 1st April 2010”, and
ii
for subsection (2)(a) there is substituted―
a
the Commission is no longer satisfied that the regulated activity will be carried on, on or after 1st April 2010, in accordance with the relevant requirements, or
.
Cancellation proceedings under the Act before the determination
13
1
The Commission is not required to determine a transitional application made by an existing registrant who, at the time that their transitional application falls to be determined by the Commission, comes within paragraph (4) or (5) .
2
Where paragraph (1) applies―
a
the Regulated Activities Regulations 2009 apply to the existing registrant until the date they are revoked or, notwithstanding such revocation, until the date specified in paragraph (6) if later; and
b
if the date specified in paragraph (6) is on or after the second appointed date, the provisions of any regulations made under section 8 (regulated activities) or 20 (regulation of regulated activities) of the Act that come into force on the second appointed date do not apply to such a registrant until the day after the date specified in paragraph (6) .
3
Where a person comes within paragraph (4) or (5) on the first appointed date and that person has not made a transitional application―
a
the Regulated Activities Regulations 2009 continue to apply to the person until the date they are revoked or, notwithstanding such revocation, the date specified in paragraph (6) if later; and
b
the provisions of any regulations made under section 8 or 20 of the Act that come into force on the second appointed date do not apply to such a person until the day after the date specified in paragraph (6) .
4
A person comes within this paragraph where a notice of proposal to cancel their existing registration has been served on them under section 26(4)(a) of the Act (notice of proposals) and―
a
the Commission has not withdrawn that proposal and no notice of decision has been given under section 28 of the Act (notice of decisions) in respect of that proposal;
b
a notice of decision has been given in respect of that notice of proposal, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act (appeals to the Tribunal) has not elapsed and no appeal has been made; or
c
an appeal has been made in respect of a notice of decision to cancel registration but that appeal has not been determined or withdrawn.
5
A person comes within this paragraph where an application made to a justice of the peace under section 30 of the Act (urgent procedure for cancellation) to cancel registration has been granted and―
a
the time for making an appeal under section 32(2) of the Act has not elapsed, and no appeal has been made; or
b
an appeal has been made in respect of an order made under section 30 of the Act, but that appeal has not been determined or withdrawn.
6
The date specified for the purposes of paragraphs (2) and (3) is―
a
in cases where no appeal is made against the notice of decision to adopt a proposal referred to in paragraph (4) or the order referred to in paragraph (5) during the period referred to in section 32(2) of the Act, the date on which that period expires in relation to that notice or order;
b
in cases where such an appeal is made within that period, the date on which that appeal is―
i
withdrawn, or
ii
determined and the decision of the Commission or the order of the justice of the peace is confirmed by the Tribunal; or
c
in cases where notification of the need to make a transitional application is sent to a person pursuant to article 14(3) ―
i
the date specified by the Commission in that notice as the one by which such an application must be made, or
ii
if a transitional application is made by that person on or before that date, the date on which the Commission determines that application.
Transitional applications following cancellation proceedings under the Act
14
1
This article applies where the Commission is not required to―
a
notify a person of the need to make a transitional application because that person comes with article 13(4) or (5) on the first appointed date; or
b
determine a person’s transitional application pursuant to article 13(1) ,
and paragraph (2) applies to that person.
2
This paragraph applies where―
a
the Commission subsequently decides not to adopt a proposal to cancel the person’s existing registration; or
b
the Tribunal subsequently directs that a decision of the Commission or an order made by a justice of the peace to cancel the person’s registration shall not, or shall cease to, have effect.
3
As soon as reasonably practicable after the decision or direction referred to in paragraph (2)(a) or (b) has been made or given, the Commission must send notification of the need to make a transitional application, or further transitional application as the case may be, to each person―
a
affected by the decision referred to in paragraph (2)(a) ; or
b
who has been the subject of a direction of the Tribunal referred to in paragraph (2)(b) .
4
Notification sent pursuant to paragraph (3) must specify―
a
the form in which the application must be made;
b
what information it must contain or be accompanied by; and
c
the date by which the transitional application must be made to the Commission.
5
The date specified in accordance with paragraph (4)(c) must be a date that is not less than 28 days after the date on which the notification under paragraph (3) is sent.
Cancellation proceedings under the Act after the determination
15
1
Paragraph (2) applies where, on a date after a decision has been made by the Commission to grant a transitional application, paragraph (3) or (4) becomes applicable to the existing registration of the person in respect of whom that decision was made.
2
Where this paragraph applies―
a
the decision to grant the transitional application has no effect from the date on which paragraph (3) or (4) becomes applicable;
b
the Regulated Activities Regulations 2009 apply to the existing registrant until the date they are revoked or, notwithstanding such revocation, until the date specified in paragraph (6) if later; and
c
if the date specified in paragraph (6) is on or after the second appointed date, the provisions of any regulations made under section 8 (regulated activities) or 20 (regulation of regulated activities) of the Act that come into force on the second appointed date do not apply to such a registrant until the day after the date specified in paragraph (6) .
3
This paragraph applies to an existing registration in relation to which notice of proposal to cancel registration has been served on the existing registrant under section 26(4)(a) of the Act (notice of proposals) and―
a
the Commission has not withdrawn that proposal and no notice of decision has been given under section 28 of the Act (notice of decisions) in respect of that notice of proposal;
b
a notice of decision has been given in respect of that notice of proposal, no notification has been given under section 28(7) of the Act, the time for making an appeal under section 32(2) of the Act (appeals to the Tribunal) has not elapsed and no appeal has been made; or
c
an appeal has been made in respect of a notice of decision to cancel registration but that appeal has not been determined or withdrawn.
4
This paragraph applies to an existing registration in relation to which an application made to a justice of the peace under section 30 of the Act (urgent procedure for cancellation) to cancel registration has been granted and―
a
the time for making an appeal under section 32(2) of the Act has not elapsed, and no appeal has been made; or
b
an appeal has been made in respect of an order made under section 30 of the Act, but that appeal has not been determined or withdrawn.
5
The Commission must, on or before the date specified in paragraph (6) , make a new determination of the transitional application referred to in paragraph (1) in accordance with articles 6 to 8 ―
a
taking into account the cancellation proceedings under the Act; and
b
in a case where the date in paragraph (6)(c) applies, ensuring that the Tribunal’s direction is reflected.
6
The date specified for the purposes of paragraph (2) and (5) is―
a
in cases where no appeal is made against the notice of decision to adopt a proposal referred to in paragraph (3) or the order referred to in paragraph (4) during the period referred to in section 32(2) of the Act (appeals to the Tribunal), the date that is the end of a period of 14 days beginning on the date on which the period in section 32(2) of the Act expires in relation to that notice or order;
b
in cases where such an appeal is made within that period, the date that is the end of a period of 14 days beginning on the date on which that appeal is―
i
withdrawn, or
ii
determined and the decision of the Commission or the order of the justice of the peace is confirmed by the Tribunal; or
c
in cases where the Tribunal directs that the notice of decision to adopt a proposal referred to in paragraph (3) or the order referred to in paragraph (4) , shall not, or shall cease to, have effect, the date that is the end of a period of 14 days beginning on the day on which the Tribunal makes such a direction.
Suspension of the offence of carrying on a regulated activity while unregistered
16
1
Paragraph (2) applies where―
a
an existing registrant who is notified pursuant to article 4(1) makes a transitional application on or before 29th January 2010 and that application is made in such form, and contains or is accompanied by such information, as the Commission specified pursuant to article 4(2) ; or
b
a new English NHS body makes a transitional application.
2
Section 10(1) of the Act (offence of carrying on a regulated activity while unregistered) does not apply to a person mentioned in paragraph (1) in respect of the activities for which that person has sought registration in the transitional application for the period (if any) beginning on the date specified in paragraph (3) and ending on the date of service by the Commission under section 28(1) of the Act (notice of decisions) or article 7(2) of a notice of decision in respect of the transitional application.
3
The date referred to in paragraph (2) is―
a
the second appointed date in the case of a person coming within paragraph (1)(a) ; or
b
the date of making a transitional application in the case of a new English NHS body.
4
Paragraph (5) applies where―
a
a person has made a transitional application; and
b
the Commission proposes to refuse the application and serves a notice of proposal pursuant to section 26(3) of the Act (notice of proposal relating to refusal of registration).
5
Section 10(1) of the Act (offence of carrying on a regulated activity while unregistered) does not apply to the person for the period beginning on the date of service of the notice of proposal and ending on the date of service by the Commission under section 28 of the Act of a notice of decision in respect of the proposal to refuse registration or, if later, the date that the decision takes effect.
NHS Blood and Transplant
17
1
Notwithstanding any revocation of the Regulated Activities Regulations 2009, those regulations shall continue to apply in respect of NHS Blood and Transplant until 30th September 2010.
2
Articles 1(2) and 4 to 16 apply to NHS Blood and Transplant, as if they were an existing registrant, with the following modifications―
a
in article 1(2) ―
i
in the definition of “first appointed date” for “11th December 2009” substitute “1st April 2010”, and
ii
in the definition of “second appointed date” for “1st April 2010”, substitute “1st October 2010”;
b
in article 4(1) , for “1st January 2010” substitute “30th April 2010”;
c
in articles 4(2)(c) , 6(3)(a) , 7(4) , 8(1) and 16(1)(a) for “29th January 2010” substitute “31st May 2010”;
d
in article 12(2)(b) , for “1st April 2010” in each place it appears, substitute “1st October 2010”;
e
in article 13 ―
i
in paragraphs (2)(a) and (3)(a), for “the date they are revoked” substitute “30th September 2010” and omit “, notwithstanding such revocation,”,
ii
in paragraph (2)(b) in the second place where it occurs, for “the second appointed date” substitute “1st April 2010”, and
iii
in paragraph (3)(b), for “the second appointed date” substitute “1st April 2010”; and
f
in article 15 ―
i
in paragraph (2)(b), for “the date they are revoked” substitute “30th September 2010” and omit “, notwithstanding such revocation,”, and
ii
in paragraph (2)(c), for “the second appointed date” in the second place where it occurs substitute “1st April 2010”.
Service of documents and electronic communications
18
Sections 93 (service of documents) and 94 (electronic communications) of the Act apply to a notice given under this Order as they do to a notice given under Part 1 of the Act.
Amendment of the Act
19
In section 93 of the Act (service of documents), after subsection (2) insert —
2A
Where a notice is given as mentioned in subsection (1)(c) in accordance with section 94, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted; and in this subsection “working day” means any day other than —
a
a Saturday or Sunday;
b
Christmas Day or Good Friday; or
c
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England.
.
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
12th November 2009


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2009; they apply in England and come into force on 1st May 2009.
Amendment to the Products of Animal Origin (Third Country Imports) (England) Regulations 2006
2
The Products of Animal Origin (Third Country Imports) (England) Regulations 2006 are amended by replacing paragraphs (7) and (8) of regulation 4 with the following paragraph —
7
Part 3 (with the exception of regulation 25) and Parts 4 to 9 do not apply in relation to the products of animal origin specified in Article 2 of Commission Regulation ( EC ) No 206/2009 on the introduction into the Community of personal consignments of products of animal origin .
.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
1st April 2009


text:
PART 1 General
Title and commencement
1
1
These Regulations may be cited as the Aquatic Animal Health (England and Wales) Regulations 2009.
2
These Regulations come into force —
a
for the purposes of regulation 5(1), on 1st May 2009;
b
for the purposes of regulation 12(1), on 1st August 2009;
c
for all other purposes, on 27th March 2009.
Extent and application
2
1
These Regulations extend to England and Wales.
2
These Regulations do not apply to —
a
any ornamental aquatic animal reared in a non-commercial aquarium;
b
any aquatic animal caught for the purpose of production of fishmeal, fish feed, fish oil or any similar product;
c
any wild aquatic animal harvested or caught for direct entry into the food chain other than one which is to be treated as an aquaculture animal under regulation 18(3).
Interpretation
3
1
In these Regulations —
“the competent authority” means, in relation to England, the Secretary of State, and, in relation to Wales, the Welsh Ministers;
“Decision 2004/453/EC ” means Commission Decision 2004/453/EC on implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals;
“Directive 2006/88/EC ” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;
“England” includes the sea adjacent to England to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;
“listed disease” means —
a disease listed in the second column of Part II of Annex IV to Directive 2006/88/EC ; or
a disease listed in the first column of Schedule 1 to these Regulations;
“non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;
“operator”, in relation to an aquaculture production business, a specialist transport business, processing establishment, non-commercial installation or put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;
“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No. 853/2004 laying down specific hygiene rules for food of animal origin, and which processes aquaculture animals under Part 4 of these Regulations or any provision in any Regulations made in relation to Scotland or Northern Ireland which has equivalent effect to that Part;
“Regulation (EC) No.1251/2008” means Commission Regulation (EC) No.1251/2008 on implementing Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species;
“specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in a mode of transport specially designed or adapted for that purpose; and
“Wales” has the meaning given in section 158 of the Government of Wales Act 2006.
2
Any expression used in these Regulations which is also used in Directive 2006/88/EC (except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.
3
References to Decision 2004/453/EC , Directive 2006/88/EC and Regulation (EC) No.1251/2008 are references to those instruments as amended from time to time.
4
Schedule 1 (list of diseases) has effect.
PART 2 Authorisation and registration requirements
Application of Part 2
4
This Part does not apply where any ornamental aquatic animal is kept in any pet shop, garden centre, garden pond, commercial aquarium or with any wholesaler —
a
without any direct contact with natural waters; or
b
that is equipped with an effluent treatment system reducing the risk of transmitting diseases to such waters to an acceptable level;
unless the animal is kept by a person who has introduced it into England or Wales.
Authorisation
5
1
Subject to regulation 14, it is an offence to operate an aquaculture production business or a processing establishment unless the business or establishment is authorised by the competent authority.
2
The competent authority may grant an authorisation in relation to two or more aquaculture production businesses which are situated in one mollusc farming area, provided the businesses relate exclusively to molluscs.
3
But a dispatch centre, purification centre or similar business in a mollusc farming area must be separately authorised.
4
The requirement for a non-commercial installation or put and take fishery to be authorised under paragraph (1) only applies where the competent authority —
a
considers that authorisation is necessary to prevent or limit the spread of disease; and
b
serves the operator with a written notice to that effect.
5
Where the operator is served with a notice under paragraph (4)(b), the operator must apply for authorisation under regulation 8(1) within 28 days of the service.
6
Where the operator so applies, the operator is to be treated as having, as from the date of the application, an interim authorisation to carry on the activity to which the application relates until the interim authorisation lapses on the earliest of the dates mentioned in regulation 14(3).
Authorisation conditions for aquaculture production businesses
6
1
The competent authority may grant an authorisation to an aquaculture production business, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the business will not lead to an unacceptable risk of spreading disease.
2
It is a condition of an authorisation that the aquaculture production business must —
a
keep a record, in such form and manner as the competent authority may specify, of —
i
the movement of any aquaculture animal or any aquaculture animal product into or out of the premises of the business;
ii
the number of any aquaculture animals that have died in each epidemiological unit within the premises;
iii
the results of any surveillance carried out by the business; and
iv
the results of any surveillance carried out by the competent authority which have been notified to the business;
b
follow good hygiene practice; and
c
comply with any surveillance requirement imposed by the authority.
Authorisation conditions for processing establishments
7
1
The competent authority may grant an authorisation to a processing establishment, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the establishment will not lead to an unacceptable risk of spreading disease.
2
It is a condition of an authorisation that the processing establishment must —
a
keep a record, in such form and manner as the competent authority may specify, of the movement of any aquaculture animal or any aquaculture animal product into or out of the premises of the establishment; and
b
follow good hygiene practice.
Application for an authorisation
8
1
An application for an authorisation must be in such form and contain such information as the competent authority may reasonably require.
2
The competent authority must serve an applicant with a written notice of the result of the application within 90 days of receiving it.
3
Where the competent authority grants an authorisation, it must notify the applicant of the following —
a
the duration of the authorisation;
b
any condition to which it is subject; and
c
an authorisation number.
4
Where the competent authority refuses to grant an authorisation, or grants an authorisation subject to any condition, it must —
a
give reasons for the refusal or the imposition of the condition; and
b
inform the applicant of the right of appeal under regulation 37.
5
It is an offence for a person to make a statement in an application that is false and which that person knows or suspects is false.
Amendment of an authorisation
9
1
The competent authority may amend an authorisation, including any condition to which it is subject.
2
The amendment may be made —
a
on the initiative of the competent authority; or
b
on application by an operator.
3
An application under paragraph (2)(b) must be in such form and contain such information as the competent authority may reasonably require.
4
The competent authority must serve a written notice on the operator which —
a
specifies the amendment or any decision not to make the amendment;
b
gives the reason for the amendment or any decision not to make it; and
c
informs the applicant of the right of appeal under regulation 37.
Suspension of an authorisation
10
1
The competent authority may suspend an authorisation by serving an operator with a written notice where it considers that an aquaculture production business, processing establishment, non-commercial installation or put and take fishery authorised under this Part has not complied with, is not complying with, or is not likely to comply with, a condition of its authorisation or a requirement in these Regulations.
2
The notice must —
a
give the date on which the suspension is to take effect and its duration;
b
give the reason for the suspension; and
c
inform the operator of the right of appeal under regulation 37.
Revocation of an authorisation
11
1
The competent authority may revoke an authorisation by serving an operator with a written notice where it considers that an aquaculture production business, processing establishment, non-commercial installation or put and take fishery authorised under this Part has not complied with, is not complying with, or is not likely to comply with, a condition of its authorisation or a requirement in these Regulations.
2
The notice must —
a
give the date on which the revocation is to take effect;
b
give the reason for the revocation; and
c
inform the operator of the right of appeal under regulation 37.
Registration
12
1
It is an offence to operate a non-commercial installation, put and take fishery or specialist transport business unless it is registered by the competent authority.
2
An application for registration must be in such form and contain such information as the competent authority may reasonably require.
3
On receipt of the information, the competent authority must —
a
undertake the registration; and
b
serve the operator with a written notice of a registration number.
4
An operator must notify the competent authority in writing of any change in the information provided under paragraph (2) within 90 days of the change.
5
It is an offence to fail to comply with paragraph (4).
6
It is an offence for a person to provide information to the competent authority that is false and which that person knows or suspects is false.
7
This regulation does not apply where a non-commercial installation or put and take fishery is required to be authorised by virtue of regulation 5(1) and (4).
Public record of aquaculture production businesses and processing establishments
13
1
The competent authority must establish and maintain a record of —
a
any aquaculture production business authorised under regulation 6; and
b
any processing establishment authorised under regulation 7.
2
The record must contain the information set out in Part I of Annex II to Directive 2006/88/EC for a business authorised under regulation 6.
3
The record must contain the information set out in Part II of that Annex for an establishment authorised under regulation 7.
4
The record must be publicly available for inspection free of charge at all reasonable times and at such place as determined by the competent authority.
5
The competent authority must make arrangements for the provision of a copy of an entry in the record on request.
6
Those arrangements may include payment of a reasonable fee by the person making the request.
Transitional provision
14
1
This regulation applies where —
a
a person operates an aquaculture production business or a processing establishment on 27th March 2009; and
b
makes an application for an authorisation under regulation 8 which has not been finally decided before 1st May 2009.
2
The operator is to be treated as having, as from 1st May 2009, an interim authorisation to carry on the activity to which the application relates until the interim authorisation lapses in accordance with paragraph (3).
3
It lapses on the earliest of the following dates —
a
when the application is withdrawn;
b
when the competent authority grants an authorisation under regulation 6 or 7;
c
where the competent authority refuses to grant an authorisation under regulation 6 or 7 and the applicant does not appeal, on the date on which the right of appeal lapses under regulation 37;
d
where the competent authority refuses to grant an authorisation under regulation 6 or 7 and the applicant does appeal, on the date on which the appeal is finally decided.
PART 3 Placing on the market
Application of Part 3
15
1
This Part does not apply to any person who —
a
places on the market any aquaculture animal or any aquaculture animal product for scientific purposes; and
b
has obtained the prior written consent of the competent authority.
2
The competent authority may grant consent for the purposes of paragraph (1)(b) subject to such conditions as it considers appropriate, having regard to the risk of the spread of disease.
General health requirements
16
1
It is an offence to place on the market any aquaculture animal for farming or to release any such animal into the wild or into a put and take fishery, unless the animal —
a
is clinically healthy; and
b
comes from a farm or mollusc farming area where there is no unexplained increased mortality.
2
Paragraph (1)(b) does not apply where —
a
the animal comes from a part of the farm or mollusc farming area independent of the epidemiological unit in which the increased mortality has occurred; and
b
the placing on the market of the animal has the prior written consent of the competent authority.
3
It is an offence to release any ornamental aquatic animal kept in a closed ornamental facility into an open ornamental facility, farm, mollusc farming area, relaying area, put and take fishery or into the wild, without the prior written consent of the competent authority.
4
It is an offence to contravene any of the following provisions of Regulation (EC) No.1251/2008 —
a
Article 9 (introduction of aquaculture animals after inspection);
b
Article 15(1), (2) or (3) (requirements for the release of aquaculture animals or aquaculture animal products and for transport water).
5
In paragraph (3) “closed ornamental facility” and “open ornamental facility” have the same meaning as in Article 2(a) and (b) of Regulation (EC) No.1251/2008.
Certification requirements
17
1
It is an offence to introduce any aquaculture animal or any aquaculture animal product into England or Wales where the animal or product is required to be accompanied by an animal health certificate under Article 5 of Decision 2004/453/EC or Chapter III or IV of Regulation (EC) No.1251/2008 unless it is accompanied by such a certificate completed in accordance with the relevant model specified in that Article or Chapter.
2
A person is guilty of an offence if, for the purpose of procuring the issue of an animal health certificate under Article 5 of Decision 2004/453/EC or Chapter III of Regulation (EC) No.1251/2008, that person —
a
makes a statement that is false and which that person knows or suspects is false; or
b
intentionally fails to disclose any material particular.
3
In paragraph (1) the reference to the introduction of any aquaculture animal or any aquaculture animal product into England or Wales includes the introduction of any such animal or product into any zone or compartment within England or Wales from any other zone or compartment within England or Wales.
Additional certification provisions
18
1
Where any aquaculture animal, which is susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88/EC or is a vector for that disease, is introduced into England or Wales with the intention of being released into the wild or into a put and take fishery, the place of introduction is, for the purpose of regulation 17(1), to be treated as though it has, in relation to that disease, a Category I disease-free health status under Part A of Annex III to that Directive.
2
Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into England or Wales with the intention of being released into the wild or into a put and take fishery, the animal is, for the purposes of regulations 17(1) and 18(1), to be treated as though it is an aquaculture animal introduced with the intention of being released into the wild or into a put and take fishery.
3
Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into England or Wales for further processing before human consumption, the animal is, for the purpose of regulation 17(1), to be treated as though it is an aquaculture animal introduced for further processing before human consumption.
4
In paragraph (1) —
a
an animal is susceptible to a disease listed in the second column of Part II of Annex IV to Directive 2006/88/EC if it appears in the third column of that Part opposite the reference to the disease in the second column of that Part;
b
an animal is a vector for a disease if it appears in Column 2 of the table in Annex I to Regulation (EC) No.1251/2008 opposite the reference to the disease in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table.
5
In paragraphs (2) and (3) —
a
“wild aquatic animal” means any live aquatic animal which can survive in the natural aquatic environment in England or Wales and is not an aquaculture animal;
b
an animal is susceptible to a listed disease if it appears —
i
in the third column of Part II of Annex IV to Directive 2006/88/EC opposite the reference to the disease in the second column of that Part; or
ii
in the second column of Schedule 1 to these Regulations opposite the reference to the disease in the first column of that Schedule;
c
an animal is a vector for a listed disease if it appears in Column 2 of the table in Annex I to Regulation (EC) No.1251/2008 opposite the reference to the disease in Column 1 and it fulfils the conditions set out in Columns 3 and 4 of that table.
6
In paragraphs (1) to (3) any reference to the introduction of any animal into England or Wales includes the introduction of the animal into any zone or compartment within England or Wales from any other zone or compartment within England or Wales.
Disease prevention requirements in respect of transport
19
1
It is an offence to transport any aquaculture animal unless the requirements in paragraph (2) are met.
2
The requirements are —
a
the duration of the transport must be as short as reasonably possible;
b
the means of transport must be cleaned and disinfected before dispatch;
c
if the animal is transported overland in water —
i
it must be transported in such a way that the water cannot escape from the means of transport; and
ii
any water exchange is carried out only at a water station which the competent authority has approved; and
d
the conditions of transport must minimise the risk of spreading disease to —
i
the animal being transported;
ii
any aquatic animal at any place of transit;
iii
any aquatic animal at the place of destination.
3
Where a person imports from a third country any aquaculture animal which is intended for quarantine the animal must be transported directly from the border inspection post to a quarantine facility.
4
In paragraph (3) —
a
“border inspection post” means, in relation to a species of animal, a place for the time being specified in relation to that species in Schedule 2 to the Animals and Animal Products (Import and Export) (England) Regulations 2006 ;
b
“quarantine facility” has the meaning given in Article 2(1) of Commission Decision 2008/946/EC on implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals.
5
It is an offence not to comply with paragraph (3).
Recording of information in respect of transport
20
1
It is an offence for a person who transports any aquaculture animal to fail to keep a record of the information referred to in paragraph (2) for a period of two years beginning with the date on which the aquaculture animal reaches its place of destination.
2
The information is —
a
the number of any animals that die in the course of transport;
b
all facilities operating under an authorisation or registration granted under Part 2 which are visited in the course of the transport;
c
any water exchange in the course of the transport;
d
the source of any water introduced into the means of transport; and
e
the location at which any water from the means of transport is discharged.
3
The competent authority must specify the form and manner in which the information referred to in paragraph (2) must be recorded.
4
It is a defence for a person charged with an offence in relation to paragraph (2)(a) to show that it was not practicable to keep such a record.
Exemption for transport in small containers
21
Regulations 19(1) and (2) and 20 do not apply where the transport is by means of a container which —
a
is watertight and airtight;
b
is no larger than one cubic metre; and
c
is accompanied by a label or document which lists its contents, place of origin, any place of transit and its place of destination.
PART 4 Notification and control of disease outbreaks
Interpretation of Part 4
22
In this Part —
“confirmed designation” means a designation made by the competent authority under regulation 28;
“confirmed designation area” means the area in respect of which a confirmed designation has been made;
“initial designation” means a designation made by the competent authority under regulation 24;
“initial designation area” means the area in respect of which an initial designation has been made.
Obligation to notify in case of suspicion of a listed disease or increased mortality
23
1
A relevant person is guilty of an offence if that person —
a
knows or suspects that a listed disease is present in aquatic animals; and
b
fails immediately to notify the competent authority of the information or other matter on which that knowledge or suspicion is based.
2
A relevant person is guilty of an offence if that person —
a
knows or suspects that increased mortality has occurred or is occurring in aquaculture animals; and
b
fails immediately to notify the competent authority or a veterinarian of the information or other matter on which that knowledge or suspicion is based.
3
In this regulation “a relevant person” means —
a
the owner of, or any person attending, aquatic animals;
b
any person accompanying aquaculture animals during transport;
c
any veterinarian, or other professional, involved in aquatic animal health services; or
d
any other person with an occupational relationship to aquatic animals of susceptible species or to products of such animals.
Initial designation
24
1
Where the competent authority suspects that a listed disease or an emerging disease is present, or may become present, in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.
2
Where the competent authority has made an initial designation, it must —
a
take samples of any water or aquatic animals which it suspects are infected;
b
examine the samples in a laboratory designated by the authority under Article 57 of Directive 2006/88/EC ; and
c
undertake an epizootic investigation in accordance with Article 29 of that Directive.
3
A person commits an offence if, without the prior written consent of the competent authority, that person —
a
moves any aquatic animal into, out of or within an initial designation area; or
b
disposes of any dead aquatic animal which comes from that area.
Contents and publication of an initial designation
25
1
An initial designation must —
a
be in the form of a written notice;
b
describe the initial designation area;
c
describe the circumstances in which a person commits an offence under regulation 24(3);
d
specify any consent given by the competent authority under regulation 24(3).
2
An initial designation may specify that —
a
any equipment, material or substance liable to transmit disease must not be moved into, out of or within the initial designation area or any part of that area;
b
any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.
3
The competent authority must serve a copy of an initial designation on any person it considers likely to be materially affected by the making of the designation.
4
It is an offence not to comply with any restriction imposed under paragraph (2).
Actions by an inspector in respect of an initial designation
26
1
This regulation applies where the competent authority has made an initial designation.
2
An inspector may —
a
take samples of any aquatic animal or water in the initial designation area;
b
slaughter, destroy or dispose of any such animal.
3
An inspector may by written notice direct any person to —
a
take steps to secure the slaughter, destruction or disposal of any aquatic animal in the initial designation area;
b
operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;
c
disinfect any means of transport in that area;
d
take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.
4
An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the initial designation area.
5
Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may —
a
enter any place within the initial designation area;
b
take or cause to be taken such steps as the inspector considers necessary to —
i
ensure compliance with the requirement; or
ii
remedy the consequences of the failure to carry it out;
c
recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.
6
It is an offence not to comply with a requirement imposed under paragraph (3) or (4).
Withdrawal of initial designation
27
The competent authority must withdraw an initial designation when —
a
it is satisfied that the suspected disease is not present, or is not likely to become present, in the initial designation area; or
b
it has designated the area under regulation 28.
Confirmed designation
28
1
Where the competent authority has confirmed that a listed disease or an emerging disease is present in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.
2
A person commits an offence if, without the prior written consent of the competent authority, that person —
a
moves any aquatic animal into, out of or within a confirmed designation area; or
b
disposes of any dead aquatic animal which comes from that area.
Contents and publication of a confirmed designation
29
1
A confirmed designation must —
a
be in the form of a written notice;
b
describe the confirmed designation area;
c
describe the circumstances in which a person commits an offence under regulation 28(2);
d
specify any consent given by the competent authority under regulation 28(2).
2
A confirmed designation may specify that —
a
any equipment, material or substance liable to transmit disease must not be moved into, out of or within the confirmed designation area or any part of that area;
b
any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.
3
The competent authority must —
a
publish a confirmed designation in such manner as it considers appropriate;
b
serve a copy of a confirmed designation on any person it considers likely to be materially affected by the making of the designation.
4
It is an offence not to comply with any restriction imposed under paragraph (2).
Actions by an inspector in respect of a confirmed designation
30
1
This regulation applies where the competent authority has made a confirmed designation.
2
An inspector may —
a
take samples of any aquatic animal or water in the confirmed designation area;
b
slaughter, destroy or dispose of any such animal.
3
An inspector may by written notice direct any person to —
a
take steps to secure the slaughter, destruction or disposal of any aquatic animal in the confirmed designation area;
b
operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;
c
disinfect any means of transport in that area;
d
take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.
4
An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the confirmed designation area.
5
Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may —
a
enter any place within the confirmed designation area;
b
take or cause to be taken such steps as the inspector considers necessary to —
i
ensure compliance with the requirement; or
ii
remedy the consequences of the failure to carry it out;
c
recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.
6
It is an offence not to comply with a requirement imposed under paragraph (3) or (4).
Withdrawal of confirmed designation
31
The competent authority must withdraw a confirmed designation when it is satisfied that the listed disease or the emerging disease is not present in the confirmed designation area.
PART 5 Enforcement, appeals and penalties
Entry and inspection of land and premises
32
1
An inspector may, on producing a duly authenticated document showing the inspector’s authority if required, enter and inspect any land or premises at any reasonable time for the purposes of administering and enforcing these Regulations.
2
An inspector may be accompanied by —
a
any person, equipment or vehicle as the inspector considers necessary;
b
any representative of the European Commission acting for the purposes of Directive 2006/88/EC .
3
An inspector may not enter any premises which are a dwelling unless a justice of the peace has issued a warrant authorising the inspector to do so.
4
A justice of the peace may only issue such a warrant if satisfied that there is good reason to believe that the inspector will not be able to administer or enforce these Regulations without the warrant.
5
A warrant issued under paragraph (3) remains in force —
a
for one month; or
b
until the purpose for which it is issued has been fulfilled,
whichever is the sooner.
Search and examination of items on land and premises
33
Where an inspector exercises the power conferred by regulation 32 the inspector may —
a
search the land or premises for any item, including any aquatic animal or water;
b
examine anything that is —
i
on the land or premises;
ii
attached to or otherwise forms part of the land or premises.
Production of documents
34
For the purposes of administering or enforcing these Regulations, an inspector may require any person —
a
to produce any document or record that is in that person’s possession or control;
b
to render any such document or record on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away.
Seizure of items
35
1
This regulation applies where an inspector exercises the powers conferred by regulation 33 or 34.
2
An inspector may —
a
seize, detain or remove any item that is on the land or premises;
b
take copies of or extracts from any document or record found on the land or premises.
3
The power conferred in paragraph (2)(a) is to be construed as including power to take samples of any aquatic animal or water.
4
An inspector to whom any document or record has been produced, in accordance with a requirement imposed under regulation 34, may —
a
seize, detain or remove that document or record;
b
take copies of or extracts from that document or record.
5
If, in the opinion of the inspector, it is not for the time being practicable for the inspector to seize and remove any item, the inspector may require any person on the land or premises to secure that the item is not removed or otherwise interfered with until such time as the inspector may seize and remove it.
6
The powers conferred by this regulation may only be exercised —
a
for the purposes of determining whether an offence under these Regulations has been committed; or
b
in relation to an item which an inspector reasonably believes to be evidence of the commission of an offence under these Regulations.
7
Any item seized by an inspector may be disposed of as the competent authority sees fit.
8
It is an offence not to comply with a requirement imposed under paragraph (5).
Enforcement notices
36
1
Where the competent authority considers that any person has not complied with, is not complying with, or is not likely to comply with, a condition of an authorisation under Part 2 or a requirement in these Regulations it may serve that person with an enforcement notice.
2
An enforcement notice must state —
a
the steps which the person must take;
b
the date by which the steps must be taken;
c
the reason for the service of the notice and for the requirements in it;
d
that there is a right of appeal under regulation 37.
3
Where an inspector considers that a requirement in an enforcement notice has not been complied with, the inspector may —
a
take such steps as the inspector considers necessary —
i
to ensure compliance with the requirements of the notice; or
ii
to remedy the consequences of the failure to carry them out;
b
recover any expenses reasonably incurred in so doing from any person who has failed to comply with the notice.
4
It is an offence not to comply with an enforcement notice.
Appeals
37
1
A person may appeal to the competent authority against any of the following —
a
refusal to grant an authorisation under regulation 8;
b
any condition to which an authorisation is subject;
c
any amendment made to an authorisation under regulation 9 or any decision not to grant an amendment under that regulation;
d
suspension or revocation of an authorisation under regulation 10 or 11;
e
service of an enforcement notice under regulation 36.
2
An appellant may within 21 days beginning with the date on which the relevant event occurs serve the competent authority with a written notice that the appellant wishes to —
a
appear before and be heard by an independent person appointed by the competent authority; or
b
provide written representations to the competent authority.
3
Where an appellant gives notice under paragraph (2)(a) —
a
the competent authority must appoint an independent person to hear representations and specify a time limit within which representations to that person must be made;
b
if the appellant requests, the hearing must be in public;
c
the person appointed must report to the competent authority; and
d
if the appellant requests, the competent authority must provide a copy of the appointed person’s report to the appellant.
4
Where an appellant gives notice under paragraph (2)(b) —
a
the competent authority must appoint an independent person to consider the representations; and
b
the requirements in paragraph (3)(c) and (d) apply.
5
The competent authority must serve the appellant with a written notice of its final decision and the reasons for it.
Obstruction
38
It is an offence —
a
intentionally to obstruct any person acting in the execution of these Regulations;
b
to fail without reasonable cause to give to such person any assistance or information which that person may reasonably require for the purposes of that person’s functions under these Regulations; or
c
knowingly or recklessly to give false or misleading information to such person.
Offences by bodies corporate
39
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of an officer; or
b
to be attributable to any neglect on the part of the officer,
that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Penalties
40
A person who is guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
PART 6 Miscellaneous
Vaccination
41
It is an offence to vaccinate an aquatic animal against a listed disease without the prior written consent of the competent authority.
Public register of disease-free zones and compartments
42
1
The competent authority must establish and maintain a register of declarations made by the authority under Article 50 of Directive 2006/88/EC .
2
The register must be publicly available for inspection free of charge at all reasonable times and at such place as determined by the competent authority.
Disclosure of information
43
1
The competent authority, any local authority, the Environment Agency and the Food Standards Agency may disclose information to each other for the purposes of Directive 2006/88/EC or these Regulations.
2
The competent authority may disclose information to the equivalent authority in Scotland or Northern Ireland for the purposes of Directive 2006/88/EC , these Regulations or the equivalent Regulations in Scotland or Northern Ireland.
Service of notices
44
1
Any notice served under these Regulations may be served on a person by —
a
delivering it to that person;
b
sending it by post;
c
transmitting it electronically.
2
Where the person on whom a notice to be served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (references to service by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is —
a
if the person has given an address for service, that address;
b
if no address has been given —
i
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;
ii
in any other case, the person’s last known address at the time of service.
4
If the notice is transmitted electronically, it is to be treated as duly served if —
a
the person upon whom the notice is required or authorised to be served (“the recipient”) has indicated to the person serving the notice the recipient’s willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose; and
b
the notice is sent to the address provided.
Repeals, amendments and revocations
45
Schedule 2 (repeals, amendments and revocations) has effect.
Jane Kennedy
Minister of State
Department for Environment, Food and Rural Affairs
26th February 2009
Elin Jones
Minister for Rural Affairs,
one of the Welsh Ministers
3rd March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 2009 and shall come into force on 1st March 2009.
Amendment of the Taxes (Interest Rate) Regulations 1989
2
1
Regulation 5 of the Taxes (Interest Rate) Regulations 1989 is amended as follows.
2
For paragraph (1) substitute —
1
Subject to paragraph (2), the rate applicable under section 178 for the purposes of Chapter 7 of Part 3 of the Income Tax (Earnings and Pensions) Act 2003 (“Chapter 7”) shall, on and after 1st March 2009, be 4.75 per cent per annum.
.
3
In paragraph (2) for “section 181” substitute “Chapter 7”.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 2009


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations and come into force on 31st October 2009.
2
Regulation 7 of the Costs in Criminal Cases (General) Regulations 1986 (as substituted by regulation 8 of these Regulations) applies —
a
in respect of all cases committed, transferred or sent to the Crown Court on or after 31st October 2009,
b
in respect of all appeals and references to the Court of Appeal where the application for leave to appeal, notice of appeal or reference was made on or after 31st October 2009 and,
c
in all other cases, in respect of proceedings commenced on or after 31st October 2009.
Amendments to the Costs in Criminal Cases (General) Regulations 1986
2
The Costs in Criminal Cases (General) Regulations 1986 are amended as follows.
3
Omit paragraphs (2) and (4) of regulation 3B.
4
1
Omit paragraphs (2), (3), (4) and (5) of regulation 3C.
2
In regulation 3C(6) —
a
for “The court may” substitute “The appeal court may”,
b
omit “and shall notify its decision to the appellant, any interested party and the court which made the order”.
5
Omit paragraphs (2), (3), (4) and (5) of regulation 3F.
6
Omit regulation 3G.
7
1
Omit paragraphs (2), (3), (4) and (5) of regulation 3H.
2
In regulation 3H(6) omit “and shall notify its decision to the appellant, any interested party and the court which made the order”.
8
For regulation 7 and substitute —
Determination of rates and scales of costs payable out of central funds
7
1
The appropriate authority shall consider the claim, any further particulars, information or documents submitted by the applicant under regulation 6 and shall allow costs in respect of —
a
such work as appears to it to have been actually and reasonably done; and
b
such disbursements as appear to it to have been actually and reasonably incurred.
2
Any doubts which the appropriate authority may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the applicant.
3
The costs awarded shall not exceed the costs actually incurred.
4
The Lord Chancellor shall, with the consent of the Treasury and for the purposes of this regulation, determine the rates and scales of costs in respect of work and disbursements payable out of central funds.
9
1
For the heading to regulation 13 for “ House of Lords ” substitute “ Supreme Court ”.
2
In regulations 13(1), (2) and 16(1), in each instance, for “House of Lords” substitute “Supreme Court”.
10
In regulation 25(1) for “section 32(2) of the Criminal Justice Act 1967” substitute “section 19(3B) of the Act” .
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
8th October 2009