text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 6) Regulations 2001; they extend to England and come into force at 11.45 p.m. on 19th April 2001.
2
These Regulations shall apply until midnight on 18th May 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/172/ EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC as amended by Commission Decision 2001/190/EC , Commission Decision 2001/209/EC , Commission Decision 2001/239/EC and Commission Decision 2001/268/EC , Commission Decision 2001/316/EC and Commission Decision 2001/318/EC ;
“export” means export outside the British Islands;
“inspector” means a person appointed by the Minister or a local authority to be an inspector for the purposes of these Regulations, 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 );
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
Import and export of live animals
3
1
No person shall export 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 Minister may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
Export of fresh meat
4
1
No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat obtained before 1st February 2001, provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for dispatch outside the United Kingdom; or
b
fresh meat obtained from cutting plants under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a); fresh meat from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter; or fresh meat from animals reared and slaughtered outside the United Kingdom;
ii
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 );
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for export.
3
Meat consigned to another member State shall be accompanied by an official certificate prepared by 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
.
Export of meat products
5
1
No person shall export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.
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 or to meat products treated in hermetically sealed containers so as to ensure that they are shelf stable.
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 export; or
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
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 United Kingdom;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to 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 export.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by 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 12, 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.
Export of milk
6
1
No person shall export 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 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation 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 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 outside the United Kingdom;
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 export; and
d
transport of raw milk from outside the United Kingdom 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 United Kingdom 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 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 12, 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 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.
Export of milk products
7
1
No person shall export 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 6;
c
milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and
d
milk products destined for export to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.
3
The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the United Kingdom;
b
all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the United Kingdom;
c
the establishment shall be under strict veterinary control; and
d
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for export.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by 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) or (c) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, 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 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.
Export of semen, etc.
8
1
No person shall export 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 frozen bovine semen and embryos produced before 1st February 2001.
3
The health certificate provided for in 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 ) 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 (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ) 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
.
Export of hides and skins
9
1
No person shall export 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 Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either —
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 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 12.
Export of animal products
10
1
No person shall export 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 export 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 offical certificate prepared by 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 12 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 12.
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
11
1
The prohibitions in regulations 5, 6, 7 and 10 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 approved by the Minister from pre-processed products originating outside the United Kingdom which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
12
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 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.
Third country certificates
13
No person shall export anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of horses
14
1
Any person exporting equidae to another member State shall ensure that they are accompanied by an Animal 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
An inspector shall only issue a certificate referred to in paragraph (1) if he is satisfied that the animal has not been in an infected area (other than in transit through an infected area by road without being unloaded) to which Part III of the Foot-and-Mouth Disease Order 1983 (in Great Britain) or Part II of the Foot-and-Mouth Disease Order (Northern Ireland) 1962 in Northern Ireland applies at any time in the 15 days prior to certification.
Powers of inspectors
15
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 indentification 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
16
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
17
1
Where an inspector knows or suspects that animals or animal products are intended for export 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 export 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 export 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 .
Obstruction
18
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.
Offences by bodies corporate
19
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
20
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 18(1)(a) or (b) above 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, etc. issued in Northern Ireland, Wales or Scotland
21
Where these Regulations require any certificate, licence or approval to be issued or granted by the Minister, an equivalent certificate, licence or approval issued in Northern Ireland, Wales or Scotland by the relevant competent authority is valid.
Enforcement
22
These Regulations shall be enforced by the Minister or the local authority.
Revocation
23
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 5) Regulations 2001 are revoked.
6.40pm
Hayman
Minister of State Ministry of Agriculture Fisheries and Food
19th April 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2001 and shall come into force on 3rd December 2001.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any other Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of the National Assembly for Wales
4
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 3 to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of earlier designations
5
The Orders specified in column (1) of Schedule 4 to this Order are revoked in so far as they relate to the Ministers or departments specified in column (2) and the designations specified in respect of them in column (3).
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2001 and shall come into force on 6th April 2001.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendments to the principal Regulations
2
In regulation 7 of the principal Regulations (lower and upper earnings limits and primary and secondary thresholds) —
a
for “2000” there shall be substituted “2001”;
b
in paragraph (a) for the figure “£67” (lower earnings limit for primary Class 1 contributions) there shall be substituted the figure “£72”;
c
in paragraph (b) for the figure “£535” (upper earnings limit for primary Class 1 contributions) there shall be substituted the figure “£575”;
d
in paragraph (c) for the figure “£76” (primary threshold for primary Class 1 contributions) there shall be substituted the figure “£87”; and
e
in paragraph (d) for the figure “£84” (secondary threshold for secondary Class 1 contributions) there shall be substituted the figure “£87”.
3
In regulation 8(3) of the principal Regulations (prescribed equivalents) —
a
in sub-paragraph (a) for the words from “£329” to the end there shall be substituted the figure “£378”;
b
in sub-paragraph (b) for the words from “£3,952” to the end there shall be substituted the figure “£4,535”; and
c
in each of sub-paragraphs (c) to (e) —
i
for the word “amounts” there shall be substituted the word “amount”; and
ii
the word “relevant” shall be omitted.
4
1
Schedule 1 to the principal Regulations (application of the Income Tax (Employments) Regulations 1973 to earnings-related contributions, Class 1A contributions and Class 1B contributions) shall be amended in accordance with the following provisions.
2
In Regulation 13(6)(b) .
a
in head (ii) there shall be added at the end the words “and the current secondary threshold”;
b
head (iii) shall be omitted; and
c
in head (iiia) after the word “exceed” where it first appears there shall be inserted the words “the current primary threshold and”.
3
In Regulation 13(6)(c) for the words from “any reduction” to the end there shall be substituted —
—
i
any reduction calculated in accordance with section 41(1) and (1A) or 42A(1) and (2) of the Pension Schemes Act 1993 on the amount of a primary Class 1 contribution in respect of earnings recorded under sub-paragraph (b)(ii) which is available for set-off against (and does not exceed) the amount recorded under sub-paragraph (b)(v), and
ii
any reduction calculated in accordance with section 41(1) and (1B) or 42A(1) and (2A) of that Act on the amount of a secondary Class 1 contribution in respect of earnings recorded under sub-paragraph (b)(ii), aggregated wtih any balance of the reduction in respect of earnings referred to in head (i) which exceeds the amount which may be set-off as therein mentioned.
4
In Regulation 25(a) —
a
head (ib) shall be omitted;
b
in head (ic) for the word “secondary” there shall be substituted the word “primary”;
c
heads (ii) and (v) shall be omitted; and
d
in the words following head (vi) “, (v)” shall be omitted.
5
In Regulation 30(1)(c) for head (ii) there shall be substituted the following heads —
ii
Regulation 13(6)(c)(i), and
iii
Regulation 13(6)(c)(i) and (ii) aggregated together, and
.
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
6th February 2001
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
6th February 2001


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Retained Organs Commission (Establishment and Constitution) Order 2001 and shall come into force on 1st April 2001.
2
This Order extends to England only.
3
In this Order “the Commission” means the Retained Organs Commission established by this Order.
Establishment of the Commission
2
There is hereby established a Special Health Authority which shall be known as the Retained Organs Commission.
Functions of the Commission
3
Subject to and in accordance with such directions as the Secretary of State may give , the Commission shall perform —
a
such functions in connection with the removal, retention and storage of human tissue and organs, and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Commission
4
The Commission shall consist of —
a
a chairman,
b
not less than 4 and not more than 7 members who are not officers of the Commission,
c
the person who for the time being who holds the office of Chief Executive of the Commission, and
d
one other officer of the Commission.
Remuneration of members
5
The Commission is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Commission.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stakeholder Pension Schemes (Amendment) Regulations 2001 and shall come into force on 14th February 2001.
2
In these Regulations, a reference to a numbered regulation is to the regulation bearing that number in the Stakeholder Pension Schemes Regulations 2000 .
Amendment of regulation 2
2
For regulation 2(2) substitute —
2
The manager of the scheme must be a person who is —
a
mentioned in section 632(1) of the Income and Corporation Taxes Act (establishment of schemes); or
b
the authorised corporate director of an open-ended investment company.
3
In this regulation “authorised corporate director” and “open-ended investment company” each has the same meaning as in the Open-ended Investment Companies (Tax) Regulations 1997 .
.
Amendment of regulation 3
3
1
Regulation 3 (requirements applying to all stakeholder pension schemes as regards instruments establishing such schemes) shall be amended as follows.
2
In paragraph (1) for “the acceptance of contributions, transfer payments and pension credits” substitute —
“the acceptance of credits within the meaning of section 29 (pension sharing: creation of pension debits and credits), contributions and transfer payments”.
3
After paragraph (5) insert —
5A
Subject to paragraphs (10) and (11) and to regulation 17(1), except to the extent necessary to ensure that the scheme has tax-exemption or tax-approval, the scheme instruments must preclude membership of the scheme being restricted by reference to —
a
financial status;
b
the amount of contributions to be made to the scheme;
c
the manner in which contributions may be made to the scheme.
.
4
After paragraph (9) insert —
10
Paragraph (5A) shall not preclude membership being restricted by reference to —
a
employment with a particular employer or in a particular trade or profession; or
b
membership of a particular organisation.
11
The scheme instruments may permit restrictions on payment of contributions by means of cash or a credit card.
.
Amendment of regulation 4
4
1
Regulation 4 (additional requirements as regards instruments establishing a stakeholder pension scheme established under a trust) shall be amended as follows.
2
Omit paragraphs (1) and (2).
3
In paragraph (3) for “The trust instruments” substitute —
“The instruments establishing a stakeholder pension scheme established under a trust (“the trust instruments”)”.
Revocation of regulation 5
5
Omit regulation 5 (additional requirements as regards instruments establishing a stakeholder pension scheme not established under a trust).
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker,
Minister of State,
Department of Social Security
18th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of West Oxfordshire (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 4 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Carterton and Witney, on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“district” means the district of West Oxfordshire;
“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 District of West Oxfordshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 for 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 district of West Oxfordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that 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.
Elections of the council of West Oxfordshire
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Carterton
4
1
The existing wards of the parish of Carterton shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Gateway, Milestone, Rock Farm, Shillbrook and Upavon; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Upavon parish ward shall be five, for each of the Milestone, Rock Farm and Shillbrook parish wards shall be three and for the Gateway parish ward shall be two.
Wards of the parish of Witney
5
1
The existing wards of the parish of Witney shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Parish Elections
6
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parish of Asthal shall be two years.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Ducklington and Shilton shall be three years.
3
Elections of all parish councillors for the parishes of Ascott Under Wychwood, Asthal, Aston, Cote, Shifford and Chimney, Bampton, Bladon, Brize Norton, Burford, Cassington, Curbridge, Ducklington, Fulbrook, Lew, Sandford St Martin, Shilton, Shipton under Wychwood, Standlake, Steeple Barton, Swinbrook and Widford, shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
4
The ordinary elections of parish councillors for the parishes of Chadlington and Spelsbury in 2003 shall not take place; and any such parish councillor holding office immediately before 1st May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
5
Elections of all parish councillors for the parishes listed in Schedule 4 shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of parish councillors elected in accordance with any of paragraphs (3) and (5) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parishes of Chadlington and Spelsbury as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May 2004.
Revocation
7
The District of West Oxfordshire (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
Citation and commencement
1
1
This Order, which extends to England only, may be cited as the Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001 and shall come into force on the day after the day on which it is made.
2
In this Order —
“public house” means premises for which a justices' on-licence (within the meaning of the Licensing Act 1964, other than a Part IV licence within the meaning of that Act), is in force;
“petrol filling station” means premises where petrol or other automotive fuels are sold retail to the general public for fuelling motor vehicles intended or adapted for use on roads.
Condition for relief
2
The conditions prescribed for the purpose of section 43(6B)(c)(ii) are that the whole or part of the hereditament is used as a public house or a petrol filling station, and in either case no other hereditament or part of a hereditament in the settlement concerned is so used.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
4th April 2001