text:
Citation and commencement
1
1
These Regulations may be cited as the Electronic Commerce (EC Directive) Regulations 2002 and except for regulation 16 shall come into force on 21st August 2002.
2
Regulation 16 shall come into force on 23rd October 2002.
Interpretation
2
1
In these Regulations and in the Schedule —
“commercial communication” means a communication, in any form, designed to promote, directly or indirectly, the goods, services or image of any person pursuing a commercial, industrial or craft activity or exercising a regulated profession, other than a communication —
consisting only of information allowing direct access to the activity of that person including a geographic address, a domain name or an electronic mail address; or
relating to the goods, services or image of that person provided that the communication has been prepared independently of the person making it (and for this purpose, a communication prepared without financial consideration is to be taken to have been prepared independently unless the contrary is shown);
“the Commission” means the Commission of the European Communities;
“consumer” means any natural person who is acting for purposes other than those of his trade, business or profession;
“coordinated field” means requirements applicable to information society service providers or information society services, regardless of whether they are of a general nature or specifically designed for them, and covers requirements with which the service provider has to comply in respect of —
the taking up of the activity of an information society service, such as requirements concerning qualifications, authorisation or notification, and
the pursuit of the activity of an information society service, such as requirements concerning the behaviour of the service provider, requirements regarding the quality or content of the service including those applicable to advertising and contracts, or requirements concerning the liability of the service provider,
but does not cover requirements such as those applicable to goods as such, to the delivery of goods or to services not provided by electronic means;
“the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993 ;
“enactment” includes an enactment comprised in Northern Ireland legislation and comprised in, or an instrument made under, an Act of the Scottish Parliament;
“enforcement action” means any form of enforcement action including, in particular —
in relation to any legal requirement imposed by or under any enactment, any action taken with a view to or in connection with imposing any sanction (whether criminal or otherwise) for failure to observe or comply with it; and
in relation to a permission or authorisation, anything done with a view to removing or restricting that permission or authorisation;
“enforcement authority” does not include courts but, subject to that, means any person who is authorised, whether by or under an enactment or otherwise, to take enforcement action;
“established service provider” means a service provider who is a national of a member State or a company or firm as mentioned in Article 48 of the Treaty and who effectively pursues an economic activity by virtue of which he is a service provider using a fixed establishment in a member State for an indefinite period, but the presence and use of the technical means and technologies required to provide the information society service do not, in themselves, constitute an establishment of the provider; in cases where it cannot be determined from which of a number of places of establishment a given service is provided, that service is to be regarded as provided from the place of establishment where the provider has the centre of his activities relating to that service; references to a service provider being established or to the establishment of a service provider shall be construed accordingly;
“information society services” (which is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”) has the meaning set out in Article 2(a) of the Directive, (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations , as amended by Directive 98/48/EC of 20 July 1998 );
“member State” includes a State which is a contracting party to the EEA Agreement;
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“regulated profession” means any profession within the meaning of either Article 1(d) of Council Directive 89/48/ EEC of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration or of Article 1(f) of Council Directive 92/51/EEC of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC ;
“service provider” means any person providing an information society service;
“the Treaty” means the treaty establishing the European Community.
2
In regulation 4 and 5, “requirement” means any legal requirement under the law of the United Kingdom, or any part of it, imposed by or under any enactment or otherwise.
3
Terms used in the Directive other than those in paragraph (1) above shall have the same meaning as in the Directive.
Exclusions
3
1
Nothing in these Regulations shall apply in respect of —
a
the field of taxation;
b
questions relating to information society services covered by the Data Protection Directive and the Telecommunications Data Protection Directive and Directive 2002/58/EC of the European Parliament and of the Council of 12th July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) ;
c
questions relating to agreements or practices governed by cartel law; and
d
the following activities of information society services —
i
the activities of a public notary or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority,
ii
the representation of a client and defence of his interests before the courts, and
iii
betting, gaming or lotteries which involve wagering a stake with monetary value.
2
These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in exercise of a power to legislate after that date.
3
In this regulation —
“cartel law” means so much of the law relating to agreements between undertakings, decisions by associations of undertakings or concerted practices as relates to agreements to divide the market or fix prices;
“Data Protection Directive” means Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and
“Telecommunications Data Protection Directive” means Directive 97/66/EC of the European Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector.
Internal market
4
1
Subject to paragraph (4) below, any requirement which falls within the coordinated field shall apply to the provision of an information society service by a service provider established in the United Kingdom irrespective of whether that information society service is provided in the United Kingdom or another member State.
2
Subject to paragraph (4) below, an enforcement authority with responsibility in relation to any requirement in paragraph (1) shall ensure that the provision of an information society service by a service provider established in the United Kingdom complies with that requirement irrespective of whether that service is provided in the United Kingdom or another member State and any power, remedy or procedure for taking enforcement action shall be available to secure compliance.
3
Subject to paragraphs (4), (5) and (6) below, any requirement shall not be applied to the provision of an information society service by a service provider established in a member State other than the United Kingdom for reasons which fall within the coordinated field where its application would restrict the freedom to provide information society services to a person in the United Kingdom from that member State.
4
Paragraphs (1), (2) and (3) shall not apply to those fields in the annex to the Directive set out in the Schedule.
5
The reference to any requirements the application of which would restrict the freedom to provide information society services from another member State in paragraph (3) above does not include any requirement maintaining the level of protection for public health and consumer interests established by Community acts.
6
To the extent that anything in these Regulations creates any new criminal offence, it shall not be punishable with imprisonment for more than two years or punishable on summary conviction with imprisonment for more than three months or with a fine of more than level 5 on the standard scale (if not calculated on a daily basis) or with a fine of more than £100 a day .
Derogations from Regulation 4
5
1
Notwithstanding regulation 4(3), an enforcement authority may take measures, including applying any requirement which would otherwise not apply by virtue of regulation 4(3) in respect of a given information society service, where those measures are necessary for reasons of —
a
public policy, in particular the prevention, investigation, detection and prosecution of criminal offences, including the protection of minors and the fight against any incitement to hatred on grounds of race, sex, religion or nationality, and violations of human dignity concerning individual persons;
b
the protection of public health;
c
public security, including the safeguarding of national security and defence, or
d
the protection of consumers, including investors,
and proportionate to those objectives.
2
Notwithstanding regulation 4(3), in any case where an enforcement authority with responsibility in relation to the requirement in question is not party to the proceedings, a court may, on the application of any person or of its own motion, apply any requirement which would otherwise not apply by virtue of regulation 4(3) in respect of a given information society service, if the application of that enactment or requirement is necessary for and proportionate to any of the objectives set out in paragraph (1) above.
3
Paragraphs (1) and (2) shall only apply where the information society service prejudices or presents a serious and grave risk of prejudice to an objective in paragraph (1)(a) to (d).
4
Subject to paragraphs (5) and (6), an enforcement authority shall not take the measures in paragraph (1) above, unless it —
a
asks the member State in which the service provider is established to take measures and the member State does not take such measures or they are inadequate; and
b
notifies the Commission and the member State in which the service provider is established of its intention to take such measures.
5
Paragraph (4) shall not apply to court proceedings, including preliminary proceedings and acts carried out in the course of a criminal investigation.
6
If it appears to the enforcement authority that the matter is one of urgency, it may take the measures under paragraph (1) without first asking the member State in which the service provider is established to take measures and notifying the Commission and the member State in derogation from paragraph (4).
7
In a case where a measure is taken pursuant to paragraph (6) above, the enforcement authority shall notify the measures taken to the Commission and to the member State concerned in the shortest possible time thereafter and indicate the reasons for urgency.
8
In paragraph (2), “court” means any court or tribunal.
General information to be provided by a person providing an information society service
6
1
A person providing an information society service shall make available to the recipient of the service and any relevant enforcement authority, in a form and manner which is easily, directly and permanently accessible, the following information —
a
the name of the service provider;
b
the geographic address at which the service provider is established;
c
the details of the service provider, including his electronic mail address, which make it possible to contact him rapidly and communicate with him in a direct and effective manner;
d
where the service provider is registered in a trade or similar register available to the public, details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register;
e
where the provision of the service is subject to an authorisation scheme, the particulars of the relevant supervisory authority;
f
where the service provider exercises a regulated profession —
i
the details of any professional body or similar institution with which the service provider is registered;
ii
his professional title and the member State where that title has been granted;
iii
a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them; and
g
where the service provider undertakes an activity that is subject to value added tax, the identification number referred to in Article 22(1) of the sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment .
2
Where a person providing an information society service refers to prices, these shall be indicated clearly and unambiguously and, in particular, shall indicate whether they are inclusive of tax and delivery costs.
Commercial communications
7
A service provider shall ensure that any commercial communication provided by him and which constitutes or forms part of an information society service shall —
a
be clearly identifiable as a commercial communication;
b
clearly identify the person on whose behalf the commercial communication is made;
c
clearly identify as such any promotional offer (including any discount, premium or gift) and ensure that any conditions which must be met to qualify for it are easily accessible, and presented clearly and unambiguously; and
d
clearly identify as such any promotional competition or game and ensure that any conditions for participation are easily accessible and presented clearly and unambiguously.
Unsolicited commercial communications
8
A service provider shall ensure that any unsolicited commercial communication sent by him by electronic mail is clearly and unambiguously identifiable as such as soon as it is received.
Information to be provided where contracts are concluded by electronic means
9
1
Unless parties who are not consumers have agreed otherwise, where a contract is to be concluded by electronic means a service provider shall, prior to an order being placed by the recipient of a service, provide to that recipient in a clear, comprehensible and unambiguous manner the information set out in (a) to (d) below —
a
the different technical steps to follow to conclude the contract;
b
whether or not the concluded contract will be filed by the service provider and whether it will be accessible;
c
the technical means for identifying and correcting input errors prior to the placing of the order; and
d
the languages offered for the conclusion of the contract.
2
Unless parties who are not consumers have agreed otherwise, a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically.
3
Where the service provider provides terms and conditions applicable to the contract to the recipient, the service provider shall make them available to him in a way that allows him to store and reproduce them.
4
The requirements of paragraphs (1) and (2) above shall not apply to contracts concluded exclusively by exchange of electronic mail or by equivalent individual communications.
Other information requirements
10
Regulations 6, 7, 8 and 9(1) have effect in addition to any other information requirements in legislation giving effect to Community law.
Placing of the order
11
1
Unless parties who are not consumers have agreed otherwise, where the recipient of the service places his order through technological means, a service provider shall–
a
acknowledge receipt of the order to the recipient of the service without undue delay and by electronic means; and
b
make available to the recipient of the service appropriate, effective and accessible technical means allowing him to identify and correct input errors prior to the placing of the order.
2
For the purposes of paragraph (1)(a) above —
a
the order and the acknowledgement of receipt will be deemed to be received when the parties to whom they are addressed are able to access them; and
b
the acknowledgement of receipt may take the form of the provision of the service paid for where that service is an information society service.
3
The requirements of paragraph (1) above shall not apply to contracts concluded exclusively by exchange of electronic mail or by equivalent individual communications.
Meaning of the term “order”
12
Except in relation to regulation 9(1)(c) and regulation 11(1)(b) where “order” shall be the contractual offer, “order” may be but need not be the contractual offer for the purposes of regulations 9 and 11.
Liability of the service provider
13
The duties imposed by regulations 6, 7, 8, 9(1) and 11(1)(a) shall be enforceable, at the suit of any recipient of a service, by an action against the service provider for damages for breach of statutory duty.
Compliance with Regulation 9(3)
14
Where on request a service provider has failed to comply with the requirement in regulation 9(3), the recipient may seek an order from any court having jurisdiction in relation to the contract requiring that service provider to comply with that requirement.
Right to rescind contract
15
Where a person —
a
has entered into a contract to which these Regulations apply, and
b
the service provider has not made available means of allowing him to identify and correct input errors in compliance with regulation 11(1)(b),
he shall be entitled to rescind the contract unless any court having jurisdiction in relation to the contract in question orders otherwise on the application of the service provider.
Amendments to the Stop Now Orders (E.C. Directive) Regulations 2001
16
1
The Stop Now Orders (E.C. Directive) Regulations 2001 are amended as follows.
2
In regulation 2(3), at the end there shall be added —
k
regulations 6, 7, 8, 9, and 11 of the Electronic Commerce (E.C. Directive) Regulations 2002.
.
3
In Schedule 1, at the end there shall be added —
11
Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on Electronic Commerce).
.
Mere conduit
17
1
Where an information society service is provided which consists of the transmission in a communication network of information provided by a recipient of the service or the provision of access to a communication network, the service provider (if he otherwise would) shall not be liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that transmission where the service provider —
a
did not initiate the transmission;
b
did not select the receiver of the transmission; and
c
did not select or modify the information contained in the transmission.
2
The acts of transmission and of provision of access referred to in paragraph (1) include the automatic, intermediate and transient storage of the information transmitted where:
a
this takes place for the sole purpose of carrying out the transmission in the communication network, and
b
the information is not stored for any period longer than is reasonably necessary for the transmission.
Caching
18
Where an information society service is provided which consists of the transmission in a communication network of information provided by a recipient of the service, the service provider (if he otherwise would) shall not be liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that transmission where —
a
the information is the subject of automatic, intermediate and temporary storage where that storage is for the sole purpose of making more efficient onward transmission of the information to other recipients of the service upon their request, and
b
the service provider —
i
does not modify the information;
ii
complies with conditions on access to the information;
iii
complies with any rules regarding the updating of the information, specified in a manner widely recognised and used by industry;
iv
does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information; and
v
acts expeditiously to remove or to disable access to the information he has stored upon obtaining actual knowledge of the fact that the information at the initial source of the transmission has been removed from the network, or access to it has been disabled, or that a court or an administrative authority has ordered such removal or disablement.
Hosting
19
Where an information society service is provided which consists of the storage of information provided by a recipient of the service, the service provider (if he otherwise would) shall not be liable for damages or for any other pecuniary remedy or for any criminal sanction as a result of that storage where —
a
the service provider —
i
does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the service provider that the activity or information was unlawful; or
ii
upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information, and
b
the recipient of the service was not acting under the authority or the control of the service provider.
Protection of rights
20
1
Nothing in regulations 17, 18 and 19 shall —
a
prevent a person agreeing different contractual terms; or
b
affect the rights of any party to apply to a court for relief to prevent or stop infringement of any rights.
2
Any power of an administrative authority to prevent or stop infringement of any rights shall continue to apply notwithstanding regulations 17, 18 and 19.
Defence in Criminal Proceedings: burden of proof
21
1
This regulation applies where a service provider charged with an offence in criminal proceedings arising out of any transmission, provision of access or storage falling within regulation 17, 18 or 19 relies on a defence under any of regulations 17, 18 and 19.
2
Where evidence is adduced which is sufficient to raise an issue with respect to that defence, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
Notice for the purposes of actual knowledge
22
In determining whether a service provider has actual knowledge for the purposes of regulations 18(b)(v) and 19(a)(i), a court shall take into account all matters which appear to it in the particular circumstances to be relevant and, among other things, shall have regard to —
a
whether a service provider has received a notice through a means of contact made available in accordance with regulation 6(1)(c), and
b
the extent to which any notice includes —
i
the full name and address of the sender of the notice;
ii
details of the location of the information in question; and
iii
details of the unlawful nature of the activity or information in question.
Alan Johnson,
Minister of State for Employment Relations Industry and the Regions,
Department of Trade and Industry
30th July 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2002 and shall come into force on 6th April 2002.
2
In these Regulations —
a
“the principal Regulations ” means the Social Security (Contributions) Regulations 2001 ; and
b
except where the context otherwise requires —
i
a reference to a numbered regulation is a reference to the regulation of the principal Regulations bearing that number; and
ii
a reference to a numbered Schedule is a reference to the Schedule to the principal Regulations bearing that number.
Amendment of the principal Regulations
2
Amend the principal Regulations as follows.
3
In regulation 1(2) after the definition of “the Board” insert —
“business travel” has the meaning given in paragraph 2 of Schedule 12AA to the Taxes Act ;
4
1
Amend regulation 22 (payments to be treated as earnings) as follows.
2
In paragraph (1) for “(2) to (4)” substitute “(2) to (5)”.
3
After paragraph (4) insert —
5
The amount specified in his paragraph is the amount equal to the cash equivalent, in respect of car fuel, which is chargeable to tax under Schedule E by virtue of section 158 of the Taxes Act .
.
5
After regulation 22 insert —
Amounts to be treated as earnings in connection with the use of qualifying vehicles other than cycles
22A
1
To the extent that it would not otherwise be earnings, the amount specified in paragraph (2) shall be so treated.
2
The amount is that produced by the formula —
RME - QA
Here —
RME is the aggregate of relevant motoring expenditure within the meaning of paragraph (3) in the earnings period; and
QA is the qualifying amount calculated in accordance with paragraph (4).
3
A payment is relevant motoring expenditure if —
a
it is a mileage allowance payment within the meaning of section 197AD(2) of the Taxes Act ;
b
it would be such a payment but for the fact that it is paid to another for the benefit of the employee; or
c
it is any other form of payment, except a payment in kind, made by or on behalf of the employer, and made to, or for the benefit of, the employee in respect of the use by the employee of a qualifying vehicle.
Here “qualifying vehicle” has the same meaning as in Schedule 12AA to the Taxes Act, but does not include a cycle within the meaning of section 192(1) of the Road Traffic Act 1988 .
4
The qualifying amount is the product of the formula —
M × R
Here —
M is the sum of —
the number of miles of business travel undertaken, at or before the time when the payment is made —
in respect of which the payment is made, and
in respect of which no other payment has been made; and
the number of miles of business travel undertaken —
since the last payment of relevant motoring expenditure was made, or, if there has been no such payment, since the employment began, and
for which no payment has been, or is to be, made; and
R is the rate applicable to the vehicle in question, at the time when the payment is made, in accordance with paragraph 4(2) of Schedule 12AA to the Taxes Act and, if more than one rate is applicable to the class of vehicle in question, is the higher or highest of those rates.
.
6
In Part V of Schedule 3 (payments to be disregarded in the calculation of earnings for the purpose of earnings-related contributions: non-cash vouchers to be disregarded as payments in kind) for paragraph 1(2) substitute —
2
A non-cash voucher may also be disregarded —
a
by virtue of paragraph 7D of Part VIII (car fuel); or
b
in the circumstances specified in paragraph 4 of Part X (payments by way of incidental expenses).
.
7
1
Amend Part VIII of Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions: travelling, relocation and other expenses and allowances of the employment) as follows.
2
After paragraph 7 insert —
Qualifying amounts of relevant motoring expenditure
7A
To the extent that it would otherwise be earnings, the qualifying amount calculated in accordance with regulation 22A(4).
Qualifying amounts of mileage allowance payment in respect of cycles
7B
1
To the extent that it would otherwise be earnings, the qualifying amount of a mileage allowance payment in respect of a cycle.
2
The qualifying amount is that which would be produced by the formula in regulation 22A(4) if the value for R were the rate for the time being approved under paragraph 4(2) of Schedule 12AA to the Taxes Act in respect of a cycle.
3
In this paragraph —
“cycle” has the meaning given in section 192(1) of the Road Traffic Act 1988; and
“mileage allowance payment” has the meaning given in section 197AD(2) of the Taxes Act.
Qualifying amounts of passenger payment
7C
1
To the extent that it would otherwise be earnings, the qualifying amount of a passenger payment.
2
The qualifying amount is that which would be produced by the formula in regulation 22A(4) if —
a
references to business travel were to business travel for which the employee carries a qualifying passenger; and
b
the value for R were the rate for the time being approved for a passenger payment under paragraph 5 of Schedule 12AA to the Taxes Act.
3
In this paragraph —
“passenger payment” has the meaning given in section 197AE(2) of the Taxes Act ; and
“qualifying passenger” has the same meaning as it has in paragraph 5(3) of Schedule 12AA to the Taxes Act.
Car fuel
7D
1
A payment by way of the provision of car fuel in circumstances where an amount is chargeable to income tax under Schedule E, in respect of its provision, under section 158 of the Taxes Act.
2
Subsection (3) of section 158 of the Taxes Act applies for the construction of the reference to car fuel in sub-paragraph (1) as it applies for the construction of that section.
.
3
Amend paragraph 9 (specific and distinct expenses) as follows —
a
renumber the existing paragraph 9 as sub-paragraph (1) of that paragraph;
b
at the end of sub-paragraph (1) add —
This is subject to the following qualification.
; and
c
after sub-paragraph (1) add —
2
Sub-paragraph (1) does not authorise the disregard of any amount by way of relevant motoring expenditure, within the meaning of paragraph (3) of regulation 22A, in excess of that permitted by the formula in paragraph (4) of that regulation.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
13th February 2002
The Secretary of State hereby concurs.
Signed by authority of the Secretary of State
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th February 2002
The Department for Social Development hereby concurs.
Sealed with the Official Seal of the Department for Social Development on 31st January 2002
John O'Neil
Senior Officer of the
Department for Social Development


text:
PART I
GENERAL PROVISIONS
Citation and commencement
1
1
These Rules may be cited as the Pathogens Access Appeal Commission (Procedure) Rules 2002.
2
These Rules shall come into force on the expiry of one week beginning with the day on which they are made.
Interpretation
2
1
In these Rules —
“ 2001 Act ” means the Anti-terrorism, Crime and Security Act 2001;
“appeal” means —
in Part II of these Rules, an appeal under section 70(2) of the 2001 Act;
in Part III of these Rules, an appeal under section 70(4) of the 2001 Act;
and “appellant” is to be construed accordingly;
“the chairman” means the chairman of the Commission ;
“the Commission” means the Pathogens Access Appeal Commission; and
“the special advocate” means a person appointed under paragraph 6 of Schedule 6 to the 2001 Act to represent the interests of the appellant.
General duty of Commission
3
1
When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the detection and prevention of crime, or in any other circumstances where disclosure is contrary to the public interest.
2
Where the Rules require information not to be disclosed contrary to the public interest, the requirement shall be construed in accordance with paragraph (1).
3
Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4
1
The powers of the Commission under the following provisions may be exercised by the chairman or by any other member of the Commission who falls within paragraph 4(3)(b) of Schedule 6 to the 2001 Act —
a
rule 11(2) and (4) (amendment and supplementary grounds);
b
rule 13 (directions);
c
rule 23 (application for permission to appeal);
2
Instead of exercising a power under paragraph (1), the chairman or member may remit the matter to be dealt with by the Commission.
3
Where the chairman or member exercises any power of the Commission, references to the Commission in the Rules shall as appropriate include references to him.
Notices etc.
5
1
Any notice or other document required or authorised by these Rules to be served on or sent to any party or the Commission may be sent by first class post, or by fax or be delivered by hand, and in the case of —
a
the Commission, shall be directed to the Secretary to the Commission; and
b
the Secretary of State, shall be directed to the Organised Crime, Drugs and International Group of the Home Office.
2
The appellant must inform the Commission if an address given under rule 7(3) changes.
PART II
APPEALS
Time limit for appealing
6
1
Subject to paragraph (3) a notice of appeal must be served on the Commission no later than six months from the day on which the Secretary of State gave directions under section 64 of the 2001 Act.
2
The notice of appeal shall be taken to have been served on the day on which it is received by the Commission at the address or fax number specified in the directions against which the appeal is made.
3
The Commission may accept a notice of appeal served after the expiry of the period permitted by paragraph (1) if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
Notice of appeal
7
1
An appeal to the Commission is made by serving written notice of appeal on the Commission.
2
The notice of appeal must be given by the appellant or by his representative.
3
The notice of appeal must set out the name and address of —
a
the appellant, and
b
any representative of his,
and be signed by the appellant or his representative.
4
The notice of appeal must also set out —
a
the address of the premises to which the appellant has been denied access, and
b
the grounds of the appeal.
5
As soon as practicable after it receives a notice of appeal, the Commission shall send —
a
an acknowledgement of service of the notice of appeal to the person giving the notice; and
b
a copy of the notice of appeal to the Secretary of State.
The special advocate
8
1
At any time prior to issuing a reply under rule 9(1), the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
2
Paragraph (1) applies unless —
a
the Secretary of State does not intend to oppose the appeal, or
b
he does not intend to object to the disclosure of material to the appellant.
3
If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
4
The function of the special advocate is to represent the interests of the appellant by —
a
making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
b
cross-examining witnesses at any such proceedings;
c
making submissions to the Commission in any part of the proceedings from which the appellant and his representative are not excluded but only where exceptionally invited by the Commission to do so; and
d
making written submissions to the Commission.
5
The Commission shall not invite the special advocate to make submissions in any part of the proceedings from which the appellant and his representative are not excluded unless the submission relates to a part of the proceedings from which the appellant and his representative were excluded.
6
Except in accordance with paragraphs (7) to (10), the special advocate may not communicate directly or indirectly with the appellant or his representative on, or in relation to, any matter connected with the substance of the appeal before the Commission or the material made available by the Secretary of State in relation to that appeal.
7
The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 9(3).
8
At any time after the Secretary of State has made material available under rule 9(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
9
The Commission shall notify the Secretary of State of a request for directions under paragraph (8) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
10
Where the Secretary of State makes an objection under paragraph (9), rule 10 shall apply as appropriate.
Secretary of State’s reply
9
1
If the Secretary of State intends to oppose the appeal, he must within such time as the Commission may allow —
a
provide the Commission with a summary of the facts relating to the decision being appealed and the reasons for that decision;
b
inform the Commission of the grounds on which he opposes the appeal; and
c
provide the Commission with a statement of the evidence which he relies upon in support of those grounds.
2
Where the Secretary of State objects to material referred to in paragraph (1) being disclosed to the appellant or his representative, he must also —
a
state the reasons for his objection; and
b
if and to the extent it is possible to do so without making a disclosure which is contrary to the public interest, provide a statement of that material in a form which can be shown to the appellant.
3
Where paragraph (2) applies, the Secretary of State must make available to the special advocate, as soon as it is practicable to do so, the material which he has provided to the Commission under paragraphs (1) and (2).
Consideration of Secretary of State’s objection
10
1
Proceedings under this rule shall take place in the absence of the appellant and his representative.
2
The Commission shall decide whether to uphold the Secretary of State’s objection and, where relevant, whether to require him to provide material in a different form from that in which he has provided it under rule 9(2)(b).
3
Before doing so, it must invite the special advocate to make written representations.
4
After considering representations made under paragraph (3), the Commission must invite the Secretary of State and the special advocate to make oral representations unless paragraph (5) applies.
5
This paragraph applies if the Commission decides, after considering representations under paragraph (3), to uphold the Secretary of State’s objection and where relevant not to require him to provide material in a different form from that in which he has provided it under rule 9(2)(b).
6
Where —
a
the Commission overrules the Secretary of State’s objection or requires him to provide material in a different form from that which he has provided under rule 9(2)(b), and
b
the Secretary of State wishes to continue to oppose the appeal,
he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely upon it in further opposing the appeal.
Amendment and supplementary grounds
11
1
Subject to paragraph (2) the appellant may amend the notice of appeal or deliver supplementary grounds of appeal.
2
Where the Secretary of State has provided material under rule 9, the appellant shall obtain the permission of the Commission before amending the notice of appeal or delivering supplementary grounds under paragraph (1).
3
As soon as practicable after it receives an amended notice of appeal or supplementary grounds of appeal, the Commission shall send a copy of it to the Secretary of State.
4
With the permission of the Commission, the Secretary of State may amend or supplement the material which he has provided under rule 9.
5
Where the Secretary of State provides further objections under paragraph (4), the Commission shall consider them in accordance with rule 10.
Consolidation of appeals
12
1
Subject to paragraph (2) below, where in the case of two or more appeals to which these Rules apply it appears to the Commission —
a
that some common question of law or fact arises in both or all of them, or
b
that for some other reason it is desirable to proceed with the appeals under this rule,
the Commission may order that the appeals be consolidated or heard together.
2
The Commission shall not make an order under this rule without giving the parties an opportunity to make representations to the effect that such an order should not be made.
Directions
13
1
Subject to any decision which it makes under rule 10 and the need to secure that there is no disclosure of information which is contrary to the public interest, the Commission may give directions for the conduct of proceedings.
2
Directions may in particular —
a
provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;
b
limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses; and
c
require any party to the appeal to give to the Commission —
i
statements of facts and statements of the evidence which will be called at any hearing, including such statements provided in a modified or edited form;
ii
a skeleton argument which summarises the submissions which will be made and cites all the authorities which will be relied upon, identifying any particular passages to be relied upon;
iii
an estimate of the time which will be needed for any hearing;
iv
a list of the witnesses who will be called to give evidence;
v
a chronology of events;
vi
a statement of any interpretation requirements,
and to serve any such material on the other party to the appeal.
3
The Commission may —
a
subject to any specific provision of the Rules, specify time limits for steps to be taken in the proceedings; and
b
extend any time limit.
4
The power to give directions may be exercised in the absence of the parties.
Failure to comply with directions
14
1
Where a party fails to comply with a direction, the Commission may send that party a notice which states —
a
the respect in which he has failed to comply with the relevant direction;
b
the time limit for complying with the direction; and
c
that the Commission may proceed to determine the appeal on the material available to it if the party fails to comply with the relevant direction within the time specified.
2
Where the party in default fails to comply with the notice under paragraph (1), the Commission may proceed in accordance with paragraph (1)(c).
Applications by Secretary of State
15
1
This rule applies to the notification to the appellant by the Commission of —
a
any order or direction made or given in the absence of the Secretary of State,
b
any summary prepared under rule 21, and
c
its determination under rule 22.
2
Before the Commission notifies the appellant as mentioned in paragraph (1), it must first notify the Secretary of State.
3
If the Secretary of State considers that compliance by him with an order or direction or notification to the appellant of any matter under paragraph (1) would result in a disclosure of information which is contrary to the public interest, he may apply to the Commission to reconsider the order or direction or to review the proposed summary of determination.
4
At the same time as he makes his application, or as soon as practicable afterwards, the Secretary of State must send a copy of it to the special advocate.
5
An application by the Secretary of State must be made within 14 days of receipt of notification under paragraph (2), and the Commission shall not notify the appellant as mentioned in paragraph (1) before the time for applying has expired.
6
Rule 10 shall apply as appropriate to the Commission’s consideration of the Secretary of State’s application.
Notification of hearing
16
The Secretary to the Commission must send notice of the date, time and place fixed for any hearing to the special advocate and every party entitled to attend that hearing.
Parties and representation of parties
17
1
The parties to an appeal shall be the appellant and the Secretary of State.
2
The appellant may act in person or be represented or appear by —
a
a person having a qualification referred to in paragraph 6(3) of Schedule 6 to the 2001 Act; or
b
with the permission of the Commission, any other person.
3
The Secretary of State may be represented by any person appointed by him for that purpose.
Proceedings in private
18
1
Where the Commission considers it necessary for the appellant and his representative to be excluded from the proceedings or any part of them in order to secure that there is no disclosure of information which is contrary to the public interest, it must —
a
order accordingly, and
b
hear the proceedings, or that part of it from which the appellant and his representative are excluded, in private.
2
The Commission may hear the proceedings or part of them in private for any other good reason.
Evidence
19
1
In any proceedings on an appeal, the evidence of witnesses may be given either —
a
orally, before the Commission, or
b
in writing, in which case it shall be given in such a manner and at such time as the Commission has directed.
2
The Commission may also receive evidence in documentary or any other form.
3
The Commission may receive evidence that would not be admissible in a court of law.
4
No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of an action in the part of the United Kingdom in which the proceedings before the Commission are taking place.
5
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of the hearing of the appeal from which he and his representative are not excluded.
6
The Commission may require a witness to give evidence on oath.
Summoning of witnesses
20
1
Subject to rules 3 and 19(4) and paragraph (2) of this rule, the Commission may require any person in the United Kingdom to attend as a witness at any proceedings before the Commission and to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal.
2
No person shall be required to travel more than 16 kilometres from his place of residence unless the necessary expenses of his attendance are paid or tendered to him.
3
Where a party requests the attendance of a witness, that party must pay or tender those expenses.
Notification to appellant before determination
21
1
Where the appellant or his representative have been excluded from the hearing of the appeal or any part of it, the Commission must, before it determines the appeal, give the appellant a summary of the submissions and evidence received in his absence if and to the extent it is possible to do so without making a disclosure which is contrary to the public interest.
2
Where the Commission provides such a summary, it shall afford the special advocate and the parties an opportunity to make representations and adduce evidence or further evidence to the Commission in respect of the material contained in it.
Promulgation of determination
22
1
The Commission must record its determination and, if and to the extent it is possible to do so without making a disclosure which is contrary to the public interest, the reasons for it.
2
The Commission shall publish its determination and send written notice of it to the special advocate and the parties.
PART III
PERMISSION TO APPEAL FROM COMMISSION
Application for permission to appeal
23
1
Subject to paragraph (3), an application to the Commission for permission to appeal shall be served on the Commission no later than 10 days from (but excluding) the day on which the appellant or, as appropriate, the Secretary of State has received written notice of the determination.
2
The application shall be taken to have been served on the day on which it is received by the Commission at the address or fax number specified in the notice of the determination.
3
The Commission may accept an application served after the expiry of the period permitted by paragraph (1) if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
4
The Commission may decide an application for permission without a hearing unless it considers there are special circumstances which make a hearing necessary or desirable.
Irvine of Lairg, C.
16th July 2002


text:
Title, application, commencement and cessation
1
This Order may be cited as the Disease Control (Interim Measures) (England) Order 2002; it applies to England, shall come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Interpretation
2
In this Order —
“ the Act ” means the Animal Health Act 1981;
“camelid” means an animal of a species which is a member of the camelidae family;
“ Cattle Identification Regulations ” means the Cattle Identification Regulations 1998 ;
“cattle passport” has the meaning it is given in the Cattle Identification Regulations save that it shall not include a calf passport as defined in those Regulations;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere but not including any place used, whether as a market or otherwise for the trading of animals;
“controlled area order” means any declaratory order made under article 30 of the Foot-and-Mouth Disease Order 1983 ;
“ CPH number” means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food, and Rural Affairs;
“hunting” means the use of hounds, beagles or other dogs for the purpose of hunting or coursing any deer, fox, mink or rabbit or for hunting any drag or other trail;
“keeper” means any person having care and control of animals even on a temporary basis but, except for the purposes of article 8(7)(a) below, not including any person who is only a keeper because he is transporting the animals;
“land” includes common or unenclosed land;
“management unit” means a group of animals which are kept and managed together;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“premises” includes land, with or without buildings;
“registered right of common” means a right of common registered under the Commons Registration Act 1965 or a right of common which is exempt from such registration but which is registered, designated, attached, or otherwise recognised, continued or preserved under and in accordance with any of the New Forest Acts 1854, 1949, 1964 and 1970 , the Epping Forest Acts 1878 and 1880 or the City of London (Various Powers) Act 1977 or any like right or permission exercised in the Forest of Dean;
“Scottish Ministers” has the meaning it is given in section 44 of the Scotland Act 1998 ;
“slaughterhouse” has the meaning it is given in the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“sole occupancy group” means any group of premises in relation to which an authority has been issued by the Minister permitting movements between each of the premises in the group; and
“tack land” means land on to which animals belonging to another have been taken to be fed or pastured for reward by an agister.
Restrictions on the movement of animals
3
1
Subject to the following provisions of this article, it shall not be lawful to move an animal from any premises (in this article referred to as the “premises of origin”) unless the following requirements are met —
a
the movement is made under the authority of a licence issued by the Minister or an inspector and in accordance with the conditions thereof; and
b
no animal has been moved on to the premises of origin (or other premises in the same sole occupancy group) during the period of 20 days before the day on which the first mentioned animal is to be moved (such period being referred to in this article as “the standstill period”).
2
The requirement contained in paragraph (1)(b) above shall not apply —
a
if the premises of origin are a market, collecting centre, artificial insemination centre, exhibition, or place for veterinary treatment;
b
if the movement is —
i
of a pig as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995 or to a market for pigs intended for immediate slaughter;
ii
of an animal direct to a slaughterhouse, or to a collecting centre for animals intended for immediate slaughter;
iii
of a calf less than 30 days old (for which a cattle passport has been issued and to which ear tags have been applied in accordance with article 3(3) of the Cattle Identification Regulations) from premises of origin which are either the premises on which the calf was born or other premises in the same sole occupancy group, save that this exemption shall not apply if any animal has been moved during the standstill period directly from a market onto the premises of origin or other premises in the same sole occupancy group;
iv
of a lamb less than 7 days old from premises of origin which are either the premises on which it was born or other premises in the same sole occupancy group to any other premises not more than 10 kilometres by road from the premises of origin, where this is for the purpose of fostering that lamb;
v
the return from tack land of a sheep to the premises from which it was originally moved or to other premises in the same sole occupancy group provided that the tack land was managed separately from and had a different CPH number to the remainder of any premises of which it was a part at all times during the period the sheep was there;
vi
of an animal between premises in a sole occupancy group in accordance with an authority issued by the Minister;
vii
of an animal from a show provided that before that animal was moved to the show it was isolated for the preceding 20 days from all other animals on the premises where it was and that it is again so isolated for a further 20 days on its return;
viii
of cattle from premises of origin in circumstances where the only movement of animals on those premises has been of a calf less than 30 days old which has been brought from the premises on which that calf was born or from other premises in the same sole occupancy group and where —
aa
the premises of origin are authorised to be used as a specialist calf rearing unit by a notice issued by a veterinary inspector or the Minister; and
bb
the cattle to be moved have been issued with cattle passports and tagged in accordance with the Cattle Identification Regulations;
ix
of an animal for direct export or to a collecting centre or assembly centre approved under regulation 12(2) of the Animal and Animal Products (Import and Export)(England and Wales) Regulations 2000 prior to such export;
x
of an animal which has been imported into the United Kingdom direct to any premises from its point of entry into the United Kingdom;
xi
of an animal between land over which the owner or keeper of the animal has a registered right of common and premises occupied by the owner or keeper in relation to which the registered right of common is customarily exercised;
xii
of a camelid being taken on a trekking expedition;
xiii
of pigs or cattle to an artificial insemination centre or place for veterinary treatment;
xiv
of a bull for breeding purposes; or
c
if a permit disapplying the standstill period has been issued by a veterinary inspector in relation to the movement.
3
For the purposes of paragraph (1)(b) above no account shall be taken of the movement on to the premises of origin or other premises in the same sole occupancy group of —
a
a pig —
i
which is being returned to those premises from a place to which it had been moved for breeding, an artificial insemination centre or a place to which it had been moved for veterinary treatment provided it is isolated for 20 days after the date of its return from all other animals; or
ii
where that movement is as referred to in article 8(3)(b) of the Pigs (Records, Identification and Movement) Order 1995;
b
an animal which is being returned to those premises from an exhibition or show provided that that animal is isolated for 20 days after the date of its return from all other animals on the premises of origin and the attendance of the animal at that exhibition or show has been notified to the local authority;
c
a bull for breeding purposes, provided that the bull and all other animals at the premises from which it was brought which are in the same management unit were inspected at those premises immediately prior to the movement to the premises of origin by a veterinary inspector who has issued a written declaration to the effect that neither the bull nor any of the other animals showed any signs of foot-and-mouth disease when they were so inspected;
d
a camelid brought from premises where no animals other than camelids have been present at any time during the 20 days preceding the movement of the camelid onto the premises of origin;
e
a sheep which is being returned to those premises from tack land provided the tack land has been managed separately from and had a different CPH number to the remainder of any premises of which it is a part during the period the sheep was there;
f
a calf less than 30 days old from the premises on which it was born or other premises in the same sole occupancy group, provided that the premises of origin are authorised to be used as a specialised calf rearing unit by a notice issued by a veterinary inspector or the Minister;
g
an animal from either —
i
its point of entry into the United Kingdom following its import from another Member State; or
ii
the premises to which it has been moved from its point of entry into the United Kingdom;
h
an animal which is brought on to those premises in a vehicle provided that —
i
the animal is not unloaded from that vehicle at those premises, and
ii
such movement is carried out in accordance with the conditions of a licence issued under paragraph (1)(a) above;
i
the return of a camelid on to the premises of origin from a trekking expedition;
j
a lamb less than 7 days old in the circumstances described in paragraph (2)(b)(iv) above; or
k
cattle from an artificial insemination centre or place for veterinary treatment.
4
The requirement set out in paragraph (1)(a) above shall not apply in the case of any movement which is authorised under a licence issued under article 12 of the Pigs (Records, Identification and Movement) Order 1995.
5
Where any animal is required to be isolated for any purpose under this article this shall mean isolated in isolation facilities approved by a veterinary inspector.
6
Where the movement of an animal is authorised on or immediately before the coming into force of this Order by a licence issued under article 31 of the Foot-and-Mouth Disease Order 1983 or such movement would be so authorised but for the revocation of any controlled area order, that licence shall have effect under this Order as if it were a licence issued under paragraph (1)(a) above and its provisions shall apply to the aforesaid movement in place of those of any general licence issued under paragraph (1)(a) above unless it is revoked pursuant to article 8 below or otherwise ceases to have effect.
7
Where a licence has been issued or granted by the Minister, an Inspector or the Scottish Ministers under an order made under section 8 of the Act to authorise the movement of any animal from premises situated in Wales or in Scotland to premises situated in England or to premises situated in Scotland or Wales through any part of England, such provisions of that licence as are relevant shall apply in relation to that part of the movement which takes place in England as if that licence were a licence issued under paragraph (1)(a) above and the provisions of this Order shall apply accordingly.
8
Where a licence such as is referred to in either paragraphs (6) or (7) above authorises movements of any kind between premises under the same management or control or would authorise any such movement but for the revocation of any controlled area order then, without prejudice to the provisions of paragraphs (6) and (7) above in relation to that licence, it shall have effect as if it were also an authority issued for the purposes of making the premises a sole occupancy group under this Order and the provisions of this Order shall apply in respect of it accordingly.
9
An authority issued under article 8(2)(a)(i) of the Pigs (Records, Identification and Movement) Order 1995 and remaining in force immediately before the coming into force of this Order shall continue to have effect as if it were an authority issued under paragraph (2)(b)(vi) above.
Restrictions on movements to slaughterhouses
4
No person shall —
a
move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or
b
receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.
Shearing or dipping of sheep
5
1
Subject to the following provisions of this article, no person shall —
a
shear or dip sheep or cause sheep to be sheared or dipped; or
b
handle fleeces or sheep during shearing or dipping,
except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) above shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
3
A licence issued under article 37C(1) of the Foot-and-Mouth Disease Order 1983 in force immediately before the coming into force of this Order shall continue to have effect as if it were a licence issued under paragraph (1) above.
4
For the purposes of this article —
a
“shearing” includes clipping and dagging; and
b
“dipping” includes showering and jetting sheep with a sheep dip.
Ultrasound scanning of sheep
6
1
Subject to paragraph (2) below, no person shall carry out or cause to be carried out ultrasound scanning of sheep except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) above shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purposes of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment kept or owned by the occupier.
3
A licence issued under article 37CC(1) of the Foot-and-Mouth Disease Order 1983 in force immediately before the coming into force of this Order shall continue to have effect as if it were a licence issued under paragraph (1) above.
Hunting
7
1
Subject to the following provisions of this article, no person may take part in hunting.
2
Nothing in paragraph (1) above shall make it unlawful for —
a
the occupier of any land or any group of not more than three persons who are authorised by the occupier or are members of his household to use any dog in connection with the killing on that land of any fox, hare, mink, or rabbit found thereon provided that this shall not be taken to authorise the pursuit of any such quarry using dogs outside the boundaries of that land; or
b
a person to take part in hunting under the authority of a permit granted by a veterinary inspector and subject to any conditions that may be specified therein.
3
In deciding whether to issue a permit under paragraph (2)(b) above a veterinary inspector shall comply with any instructions which may have been issued by the Minister in relation to the issue of such permits.
4
A permit issued under article 36(2)(d) of the Foot-and-Mouth Disease Order 1983 and in force immediately before the coming into force of this Order shall continue to have effect as if it were a permit issued under paragraph (2)(b) above.
5
Subject to paragraph (6) below, where a permit is issued under paragraph (2)(b) above as a general permit a veterinary inspector may by notice prohibit any person from taking part in or organising hunting under the authority of that permit.
6
A veterinary inspector may only issue a notice under paragraph (5) above if he is of the opinion that —
a
the provisions of the Order or of the aforesaid general permit are or have not been complied with by the person on whom the notice is served or by persons taking part in any hunt which he has organised; and
b
the service of such a notice is necessary to prevent a possible spread of disease.
Licences, authorisations, permits and notices
8
1
Any licence, authority, permit or notice issued or served under this Order shall be in writing, may be general or specific, shall be subject to such conditions as are specified in it and may be varied, suspended or revoked at any time by notice in writing issued —
a
by the Minister, in the case of a licence, authority, permit or notice issued by the Minister or an inspector of any kind;
b
by a veterinary inspector, in the case of a licence, authority, permit or notice issued by a veterinary inspector or any other inspector of the Minister;
c
by an inspector of the Minister (other than a veterinary inspector), in the case of a licence, authority or notice issued by any such inspector; or
d
by an inspector of a local authority, in the case of a licence, authority or notice issued by an inspector of that local authority.
2
A notice issued under paragraph (1) above shall —
a
be served, if the licence, authority, permit or notice to be varied, suspended or revoked is specific, on the person to or on whom that licence, authority, permit or notice was issued or served; or
b
be served or published, if the licence, authority, permit or notice to be varied, suspended or revoked is general, in such manner as the Minister or, as the case may be, the veterinary inspector or other inspector may reasonably consider most appropriate.
3
In deciding whether to issue a licence under article 3(1)(a) above, a notice under article 3(2)(b)(viii) or 3(3)(f) above or a permit under article 3(2)(c) or 7(2)(b) above, an inspector, or as the case may be, a veterinary inspector, shall comply with any instructions which may have been issued by the Minister in relation to any such licences, authorities, notices or permits.
4
A licence issued under article 3(1)(a) above, an authority issued for the purpose of making two or more premises a sole occupancy group under article 3(2)(b)(vi) above, a notice under article 3(2)(b)(viii) or 3(3)(f) or a permit issued under article 3(2)(c) above may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements in relation thereto set out in the Transport of Animals (Cleansing and Disinfection) (England) ( No. 2) Order 2000 and the person responsible for moving the animals shall ensure, except where the licence, authority, notice or permit provides otherwise, that all such requirements are met as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the premises to which the animals have been moved.
5
Subject to paragraph (7) below, where a general licence has been issued under article 3(1)(a) above, the Minister may issue a notice prohibiting —
a
the movement under the authority of that licence of any animal from any premises specified in the notice; or
b
any person from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.
6
Subject to paragraph (7) below, where an inspector considers that the provisions of a licence under this Order are being contravened he may serve a notice on the person to whom the licence under this Order applies, requiring that person to take any action necessary to ensure compliance with the licence and giving reasons for those requirements.
7
No notice may be issued under paragraphs (5) and (6) above other than on the advice of an inspector who shall be of the opinion that —
a
the provisions of this Order or of the aforesaid general licence are not or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper; and
b
the service of a notice is necessary to prevent a possible spread of disease.
8
A notice issued under paragraph (5)(a) above shall be served on the occupiers of each of the premises specified in the notice and a notice issued under paragraph (5)(b) above shall be served on the person prohibited from moving animals thereunder and on the occupiers of any premises individually named on the notice.
Change of occupation of premises affected by the provisions of this Order
9
1
Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it therefrom by reason of any restriction imposed by or under the foregoing provisions of this Order, the person entitled to the occupation of those premises on such termination shall —
a
afford the owner of that animal and any person authorised by him for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or
b
where the owner of that animal is unable or unwilling to avail himself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.
2
The provisions of paragraph (1) above shall continue to apply until the expiration of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.
General provisions as to licences
10
1
Subject to paragraph (4) below, every animal which is moved under the authority of a licence granted under this Order shall —
a
be kept separate throughout such movement from any animal which is not being moved under the authority of that licence;
b
be moved by the most direct route available to the place of destination specified in the licence only, and to no other place, and
c
be accompanied throughout the movement by the licence.
2
The person in charge of any animal to which a licence issued under this Order relates shall, on demand made under this Order by a constable or by an inspector or other officer of the Minister or of a local authority, produce the licence, and allow a copy thereof or an extract therefrom to be taken, and shall also, if so required, furnish his name and address.
3
Subject to paragraph (4) below and the provisions of any licence issued under this Order imposing a contrary requirement on the person moving the animals, the occupier of premises to which animals are moved under that licence shall —
a
ensure that he or his representative is given the licence under which they have been moved before allowing the animals to be unloaded from the vehicle on which they have been transported;
b
forward that licence without delay to the local authority responsible for the area in which those premises are situated and, in the case of a slaughterhouse, provide a copy to the official veterinary surgeon appointed for those premises;
c
retain a copy of that licence for a period of 6 months and produce it upon request for inspection by an inspector; and
d
provide adequate facilities, equipment and materials for any cleansing and disinfection required by a licence under this Order.
4
The provisions of paragraphs (1)(b) and (c), (2) (insofar as it relates to the production and copying of a licence) and (3)(a) to (c) above shall not apply in any case where animals are moved under a general licence.
5
Where an inspector of a local authority issues a licence under article 3(1)(a) above, he shall retain a copy of the licence for six months.
Powers of officers of the Minister and inspectors of local authorities in case of default
11
1
If any person to whom a licence under this Order applies fails to comply with the requirements of that licence or any notice made thereunder, an officer of the Minister or an inspector of a local authority may, without prejudice to any proceedings for an offence arising out of such default, take all steps as may be necessary to ensure that the requirements of the licence or notice are complied with and in default of such compliance the officer or inspector will cause them to be carried out.
2
The amount of any expenses reasonably incurred by an officer of the Minister or by an inspector of a local authority in the exercise of any power conferred by paragraph (1) above shall be recoverable on demand as a civil debt by the Minister or by the local authority, as the case may be, from the person in default.
Offences
12
It shall be an offence under the Act for any person without legal authority or excuse, proof of which shall lie on him, to —
a
contravene any provision of this Order or any provision of a licence, authority, permit or notice issued or served under it; or
b
cause or permit any such contravention or non compliance.
Local authority to enforce Order
13
1
Subject to paragraph (2) below the provisions of this Order shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description, or in relation to a particular case, either that this Order shall be executed and enforced by her and not by the local authority or that this Order shall be executed and enforced jointly by her and by the local authority.
Extension of definition of “animals”
14
For the purposes of the Act in its application to this Order, the definition of “animals” in section 87(2) is extended so as to comprise elephants.
Signed
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
7 February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southwark Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Southwark Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Southwark Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2002 and come into force on 18th April 2002 in relation to input tax incurred by a taxable person on goods imported or acquired by, or goods or services supplied to, him on or after that date.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
For regulation 99(1)(a) substitute —
a
“exempt input tax” means input tax incurred by a taxable person on goods imported or acquired by, or goods or services supplied to, him in so far as they are used by him or are to be used by him, or a successor of his, in making exempt supplies, or supplies outside the United Kingdom which would be exempt if made in the United Kingdom, other than any input tax which is allowable under regulation 103 or 103A;
and “successor” in this paragraph has the same meaning as in regulation 107D;
.
4
For regulation 106 substitute —
106
1
Subject to regulation 106A, where relevant input tax —
a
in any prescribed accounting period, or
b
in the case of a longer period, taken together with the amount of any adjustment in respect of that period under regulation 107B —
i
does not amount to more than £625 per month on average, and
ii
does not exceed one half of all his input tax for the period concerned,
all such input tax in that period shall be treated as attributable to taxable supplies.
2
In the application of paragraph (1) above to a longer period —
a
any treatment of relevant input tax as attributable to taxable supplies in any prescribed accounting period shall be disregarded, and
b
no account shall be taken of any amount or amounts which may be deductible or payable under regulation 115.
3
For the purposes of this regulation, relevant input tax is input tax attributed under regulations 101, 102, 103, 103A and, where the case arises, regulation 107, to exempt supplies or to supplies outside the United Kingdom which would be exempt if made in the United Kingdom (not being supplies specified in an Order made under section 26(2)(c) of the Act).
.
5
After regulation 106 insert —
106A
1
This regulation applies where regulation 107A applies.
2
Where, taken together with the amount of any adjustment under regulation 107A, input tax attributed under regulations 101, 103 and 103A to exempt supplies, or to supplies outside the United Kingdom which would be exempt if made in the United Kingdom (in each case not being supplies specified in an Order made under section 26(2)(c) of the Act) —
a
does not amount to more than £625 per month on average, and
b
does not exceed one half of all his input tax for the period concerned,
all such input tax in that period shall be treated as attributable to taxable supplies.
3
Where, in accordance with regulations 101, 103 and 103A, a taxable person has attributed an amount of input tax to exempt supplies, or to supplies outside the United Kingdom which would be exempt if made in the United Kingdom (in each case not being supplies specified in an Order made under section 26(2)(c) of the Act) and, after applying regulation 107A, he is entitled to treat all his input tax as attributable to taxable supplies under paragraph (2) above, he shall —
a
calculate the difference between —
i
the total amount of input tax for that prescribed accounting period, and
ii
the amount of input tax deducted in that prescribed accounting period, taken together with the amount of any adjustment under regulation 107A, and
b
include this difference as an under-deduction in a return for the first prescribed accounting period next following the prescribed accounting period referred to in regulation 107A(1), except where the Commissioners allow another return to be used for this purpose.
4
Where in a prescribed accounting period a taxable person has treated input tax as attributable to taxable supplies under regulation 106(1) but is not entitled to do so because of the operation of paragraph (2) above, he shall include the amount so treated as an over-deduction in a return for the first prescribed accounting period next following the prescribed accounting period referred to in regulation 107A(1), except where the Commissioners allow another return to be used for this purpose.
5
But where a registered person has his registration cancelled at or before the end of the prescribed accounting period referred to in regulation 107A(1), he shall account for any adjustment under this regulation on his final return.
.
6
After regulation 107(2) insert —
3
But where a registered person has his registration cancelled at or before the end of a longer period, he shall account for any adjustment under this regulation on his final return.
.
7
After regulation 107 insert the following regulations —
107A
1
This regulation applies where a taxable person has made an attribution under regulation 101(2)(b) and (d) and the prescribed accounting period does not form part of a longer period, and the attribution differs substantially from one which represents the extent to which the goods or services are used by him or are to be used by him, or a successor of his, in making taxable supplies.
2
Where this regulation applies, the taxable person shall calculate the difference and account for it on the return for the first prescribed accounting period next following the prescribed accounting period referred to in paragraph (1) above, except where the Commissioners allow another return to be used for this purpose.
3
But where a registered person has his registration cancelled at or before the end of the prescribed accounting period referred to in paragraph (1) above, he shall account for any adjustment under this regulation on his final return.
107B
1
This regulation applies where a taxable person has made an attribution under regulation 107(1)(a) according to the method specified in regulation 101 and that attribution differs substantially from one which represents the extent to which the goods or services are used by him or are to be used by him, or a successor of his, in making taxable supplies.
2
Where this regulation applies the taxable person shall —
a
calculate the difference, and
b
in addition to any amount required to be included under regulation 107(1)(c), account for the amount so calculated on the return for the first prescribed accounting period next following the longer period, except where the Commissioners allow another return to be used for this purpose.
3
But where a registered person has his registration cancelled at or before the end of a longer period, he shall account for any adjustment under this regulation on his final return.
107C
For the purposes of regulations 107A and 107B, a difference is substantial if it exceeds —
a
£50,000; or
b
50% of the amount of input tax falling to be apportioned under regulation 101(2)(d) within the prescribed accounting period referred to in regulation 107A(1), or longer period, as the case may be, but is not less than £25,000.
107D
For the purposes of regulations 107A and 107B a person is the successor of another if he is a person to whom that other person has —
a
transferred assets of his business by a transfer of that business, or part of it, as a going concern; and
b
the transfer of the assets is one falling by virtue of an Order under section 5(3) of the Act to be treated as neither a supply of goods nor a supply of services;
and the reference in this regulation to a person’s successor includes references to the successors of his successors through any number of transfers.
107E
1
Regulations 107A and 107B shall not apply where the amount of input tax falling to be apportioned under regulation 101(2)(d) within the prescribed accounting period referred to in regulation 107A(1), or longer period, as the case may be, does not exceed —
a
in the case of a person who is a group undertaking in relation to one or more other undertakings (other than undertakings which are treated under sections 43A to 43C of the Act as members of the same group as the person), £25,000 per annum, adjusted in proportion for a period that is not 12 months; or
b
in the case of any other person, £50,000 per annum, adjusted in proportion for a period that is not 12 months.
2
For the purposes of paragraph (1) above, “undertaking” and “group undertaking” have the same meaning as in section 259 of the Companies Act 1985 .
.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Police (Retention and Disposal of Motor Vehicles) Regulations 2002 and shall come into force on 1st January 2003.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Police Reform Act 2002;
“the authority” means a constable or such other person authorised by the chief officer under regulation 3(1);
“GB registration mark” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994 ;
“owner” includes —
the person by whom, according to the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994, the vehicle is kept and used;
in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, the person entitled to possession of the vehicle under the agreement;
“relevant motor vehicle” means a motor vehicle which has been seized and removed under section 59(3)(b) of the 2002 Act;
“seizure notice” means a notice complying with regulation 4;
“specified information”, in relation to a vehicle, means such of the following information as can be or could have been ascertained from an inspection of the vehicle, or has been ascertained from any other source, that is to say —
in the case of a vehicle which carries a GB registration mark, or a mark indicating registration in a place outside Great Britain, particulars of that mark; and
the make of the vehicle.
Retention and safe keeping of motor vehicles
3
1
A relevant motor vehicle shall be passed into and remain in the custody of a constable or other person authorised under this regulation by the chief officer of the police force for the area in which the vehicle was seized (“the authority”) until —
a
the authority permit it to be removed from their custody by a person appearing to them to be the owner of the vehicle; or
b
it has been disposed of under these Regulations.
2
While the vehicle is in the custody of the authority, they shall be under a duty to take such steps as are reasonably necessary for its safe keeping.
Giving of seizure notice
4
1
The authority shall, as soon as they are able after a relevant motor vehicle has been taken into their custody, take such steps as are practicable to give a seizure notice to the person who is or appears to be the owner of that vehicle, except where the vehicle has been released from their custody in accordance with these Regulations.
2
A seizure notice required to be given under these Regulations shall comply with, and be given in accordance with, the following provisions of this regulation.
3
A seizure notice shall, in respect of the vehicle to which it relates, contain the specified information and shall state —
a
the place where the vehicle was seized;
b
the place where it is now being kept;
c
that the person to whom the notice is directed is required to claim the vehicle from the authority on or before the date specified in the notice, being a date not less than 21 days from the day when the notice is given to him;
d
that unless the vehicle is claimed on or before that date the authority intend to dispose of it;
e
that, subject to regulation 5(3), charges are payable under these Regulations by the owner of the vehicle in respect of the removal and retention of the vehicle, and that the vehicle may be retained until such charges are paid.
4
The seizure notice shall be given —
a
by delivering it to the person to whom it is directed;
b
by leaving it at his usual or last known address;
c
by sending it in by the registered post service, addressed to him at his usual or last known address; or
d
if the person is a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office, or sending it by the registered post service, addressed to the secretary or clerk of the body at that office.
Release of vehicles
5
1
Subject to the provisions of these Regulations, if, before a relevant motor vehicle is disposed of by an authority, a person satisfies the authority that he is the owner of that vehicle and pays to the authority such a charge in respect of its removal and retention as is provided for in regulation 6, the authority shall permit him to remove the vehicle from their custody.
2
In determining whether it is satisfied that a person who claims to be the owner of a relevant motor vehicle is in fact the owner, an authority may consider such documentary evidence as that person may supply to them.
3
A person who would otherwise be liable to pay a charge under paragraph (1) shall not be liable to pay if —
a
the use by reference to which the vehicle was seized under section 59 of the 2002 Act was not a use by him; and
b
he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.
Charges in relation to the removal and retention of a motor vehicle
6
1
The charge payable under regulation 5(1) shall be —
a
in respect of the vehicle’s removal, £105; and
b
in respect of retention, £12 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority.
2
For the purposes of paragraph (1)(b), each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
Disposal of motor vehicles
7
1
Where the authority have been unable to give a seizure notice to the person who is or appears to be the owner of a relevant motor vehicle or, following the giving of such a seizure notice, the vehicle has not been released from their custody under these Regulations, the authority may dispose of the vehicle in accordance with the following provisions of this regulation.
2
If the authority are satisfied that the person to whom they have given or attempted to give a seizure notice is the owner of the vehicle, they may dispose of the vehicle at any time, subject to paragraph (5).
3
Where the authority are not so satisfied, they may, after taking steps under paragraph (4) to find a person who may be the owner of the vehicle and any other steps for that purpose which appear to them to be practicable, in such manner as they think fit dispose of the vehicle at any time, subject to paragraph (5), if —
a
they fail to find such a person, allowing a reasonable time for any person or body from whom they have requested information to respond to the request; or
b
they find such a person but he fails to comply with a seizure notice given to him under regulation 4; or
c
they find such a person but he is a person to whom the authority have already given or attempted to give a seizure notice under regulation 4.
4
The steps to be taken under this paragraph to find a person who may be the owner of the vehicle shall be such of the following as are applicable to the vehicle —
a
if the vehicle carries a GB registration mark —
i
the authority shall ascertain from the records maintained by the Secretary of State in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the vehicle is kept and used; and
ii
they shall give, where practicable, the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle;
b
if the vehicle carries a mark indicating registration in Northern Ireland, the authority shall give the specified information and a description of the place where the vehicle was seized to the Secretary of State and, where practicable, the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle;
c
if the vehicle carries a mark indicating registration in the Republic of Ireland, the authority shall give the specified information and a description of the place where the vehicle was seized to the Secretary of State, and shall enquire of him whether he can make any enquiries to find the owner of the vehicle;
d
if the vehicle carries a registration mark other than one mentioned in sub-paragraphs (a) to (c) above, the authority shall, where practicable, give the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle.
5
The authority may not dispose of the vehicle under this regulation —
a
during the period of 3 months starting with the date on which the vehicle was seized;
b
if the period in sub-paragraph (a) has expired, until after the date specified by virtue of regulation 4(3)(c); or
c
if not otherwise covered by sub-paragraph (a) or (b), during the period of 7 days starting with the date on which the vehicle is claimed under regulation 5.
6
In this regulation, “relevant agency” means such agency maintaining records of hire purchase agreements about vehicles as the authority considers appropriate.
Payment of proceeds of sale to owner of vehicle
8
1
Where the authority dispose of a motor vehicle in pursuance of these Regulations by means of sale, they shall pay the net proceeds of sale to any person who, before the end of the period of one year beginning with the date on which the vehicle is sold, satisfies the authority that at the time of the sale he was the owner of the vehicle.
2
If it appears to the authority that more than one person is the owner of a particular vehicle, such one of them as the authority think fit shall be treated as its owner for the purposes of paragraph (1).
3
In this regulation, “the net proceeds of sale” means any sum by which the proceeds of sale exceed the aggregate of such sums as may be payable under these Regulations in respect of the removal and retention of the vehicle.
John Denham
Minister of State
Home Office
11th December 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (Gamma Telecommunications Limited) Order 2002 and shall come into force on 26th November 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
21st October 2002


text:
1
This Order may be cited as the Immigration (Entry Otherwise than by Sea or Air) Order 2002 and shall come into force on the day after the day on which it is made.
2
1
This article applies where —
a
a person who requires leave to enter the United Kingdom by virtue of section 9(4) of the Immigration Act 1971 or by virtue of article 3 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 ; or
b
a person in respect of whom a deportation order is in force,
has entered or is seeking to enter the United Kingdom from the Republic of Ireland.
2
Where this article applies, paragraphs 8, 9 and 11 of Schedule 2 to the Immigration Act 1971 shall have effect in relation to persons entering or seeking to enter the United Kingdom on arrival otherwise than by ship or aircraft as they have effect in the case of a person arriving by ship or aircraft, with the modifications set out in the Schedule to this Order.
3
Article 2 shall apply where an illegal entrant entered the United Kingdom before the date when this Order comes into force, as well as where he entered the United Kingdom on or after that date.
3
Article 2 shall not apply where a person has arrived in, but not entered, the United Kingdom before the date on which this Order comes into force.
A. K. Galloway
Clerk of the Privy Council