text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Hydrocarbon Oil (Marking) Regulations 2002 and come into force on 1st August 2002.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Hydrocarbon Oil Duties Act 1979;
“ ASTM ” means American Society for Testing and Materials;
“Colour Index” means the Colour Index, compiled by the Society of Dyers and Colourists and the American Association of Textile Chemists and Colorists, published 1997, ISBN 0 90195 671 6;
“the common fiscal marker” means N-Ethyl-N-[2-(1-isobutoxyethoxy)ethyl]-4-(phenylazo)aniline together with CI Solvent Yellow 124 as described in the Colour Index;
“coumarin” means 1:2 benzopyrone;
“dark oil” means heavy oil that is darker than ASTM colour 3.0 in the Table of Glass Colour Standards included in “Standard method of Test for ASTM Colour of Petroleum Products” adopted as a joint ASTM- IP standard with ASTM designation D 1500-98 and IP designation IP 196/97, which appears in “IP Standard Methods”, when the heavy oil and ASTM Colour 3.0 are compared in the manner described in that publication for that method of test;
“duty” means the excise duty charged on hydrocarbon oil by section 6(1) of the Act ;
“heavy oil vehicle” means a vehicle to which section 12 of the Act (rebate not allowed on fuel for road vehicles) applies;
“IP” means Institute of Petroleum;
“IP Standard Methods” means “IP Standard Methods for Analysis and Testing of Petroleum and Related Products and British Standard 2000 Parts 2002”, 61 st edition, May 2002, published by the Institute of Petroleum, ISBN 0 85293 348 7;
“kerosene” means heavy oil of which more than 50% by volume distils at a temperature not exceeding 240°C;
“marker” means, except where the context requires otherwise, a marker or colouring substance prescribed by these Regulations and includes, in regulation 10, a composite solution of the type referred to in regulation 9;
“oil” means hydrocarbon oil;
“quinizarin” means 1,4-dihydroxyanthraquinone;
“solvent red” means CI Solvent Red 24 as described in the Colour Index.
2
Any reference in these Regulations to marked oil means oil to which a marker has been added and related expressions must be construed accordingly.
PART II
REQUIREMENT TO WORK
Prescribed markers and colouring substance
3
1
The following markers and colouring substance are prescribed by these Regulations —
a
for gas oil and light oil, the markers described in paragraph (2)(a) and (b) and the colouring substance described in paragraph (3);
b
for kerosene, the markers described in paragraph (2)(a) and (c).
2
The markers are —
a
the common fiscal marker added in the proportion of not less than 6 kilograms per 1,000,000 litres of oil;
b
quinizarin added in the proportion of not less than 1.75 kilograms per 1,000,000 litres of oil;
c
coumarin added in the proportion of not less than 2 kilograms per 1,000,000 litres of oil.
3
The colouring substance is solvent red added in the proportion of not less than 4 kilograms per 1,000,000 litres of oil.
Marking required for rebate
4
Subject to Part III (Exceptions to marking requirements), no rebate of duty on the delivery for home use of —
a
gas oil under section 11 (1)(b) or (ba) of the Act ; or
b
kerosene under section 11(1)(c) or 13AA(1) of the Act ; or
c
light oil under section 14(1) of the Act;
may be allowed unless there is added to the oil, in accordance with these Regulations, the markers and, in the case of gas oil, the colouring substance, prescribed by regulation 3.
Marking required for delivery of oil without payment of duty
5
Subject to Part III (Exceptions to marking requirements), the Commissioners may not permit any gas oil or kerosene to be delivered for home use without payment of duty on that oil under section 9 of the Act , unless there is added to the oil, in accordance with these Regulations, the markers and, in the case of gas oil, the colouring substance, prescribed by regulation 3.
PART III
EXCEPTIONS TO MARKING REQUIREMENTS
Commissioners' power to waive marking
6
The Commissioners may waive the requirements of regulation 4 (marking required for rebate) and regulation 5 (marking required for delivery of oil without payment of duty) only where they are satisfied that it is necessary for technical reasons or for reasons of public health or safety.
PART IV
TIME AND MANNER OF MARKING
Application
7
This Part applies for the purpose of determining the time and manner in which any oil required to be marked by these Regulations is to be marked.
Time of marking
8
Except as otherwise provided in regulations made by the Commissioners, oil must be marked before delivery for home use of that oil.
Use of composite solution
9
Any oil may be marked by the addition to it of a solution containing the markers.
PART V
STORAGE, LABELLING ETC
Storage of markers
10
1
The occupier of any premises where marking occurs must keep any marker —
a
separately from all other substances; and
b
except when removed for immediate use, in containers bearing a description of their contents.
2
At the end of each month, the occupier of any premises where marking occurs must —
a
take stock of the markers that he stores for use or that are in use at those premises;
b
make a written record of that stocktake;
c
preserve that written record for not less than 6 years.
Storage of marked oil
11
Marked oil must be stored separately from unmarked oil.
Labelling of delivery points for marked oil
12
Any drum, storage tank or other container or any delivery pump or pipe must bear an indelible notice to the effect that —
a
where it contains, or is an outlet for, any gas oil or kerosene marked under regulation 4 (marking required for rebate), such oil is not to be used as road fuel;
b
where it contains, or is an outlet for, any light oil marked under regulation 4 (marking required for rebate), such oil is to be used only as furnace fuel;
c
where it contains, or is an outlet for, any oil marked under regulation 5 (marking required for delivery without payment of duty), such oil is not to be used as fuel for any engine, motor or other machinery or as heating fuel.
Particulars to be recorded on delivery notes
13
1
Any person who supplies —
a
gas oil marked under regulation 4 (marking required for rebate); or
b
a quantity not exceeding two hundred and fifty litres of kerosene, marked under regulation 4 (marking required for rebate);
must provide to the recipient a delivery note bearing a statement to the effect that such oil is not to be used as road fuel.
2
Any person who supplies light oil marked under regulation 4 (marking required for rebate) must provide to the recipient a delivery note bearing a statement to the effect that such oil is only to be used as furnace fuel.
3
Any person who supplies oil marked under regulation 5 (marking required for delivery for home use without payment of duty) must supply to the recipient a delivery note bearing a statement to the effect that such oil is not to be used as fuel for any engine, motor or other machinery or as heating fuel.
PART VI
PROHIBITIONS
Prohibitions relating to prescribed markers
14
1
No oil may be marked except in the circumstances prescribed by these Regulations.
2
No marker may be removed from any oil.
3
No substance calculated to impede the identification of any marker may be added to any oil.
Prohibition relating to other markers
15
1
No person may add any chemical identifier or dye other than a marker to any gas oil or kerosene required by these Regulations to be marked (other than gas oil or kerosene to which regulation 6 applies).
2
Where any person contravenes this regulation, his contravention shall attract a penalty under section 9 of the Finance Act 1994 (civil penalties) and any oil to which such a chemical identifier or dye has been added shall be liable to forfeiture.
Prohibition on importation of certain oil
16
No oil of a description required by these Regulations to be marked may be imported where there has been added any substance calculated to impede the identification of any marker.
Prohibition on the sale of dark oil
17
No dark oil may be sold as fuel for a heavy oil vehicle.
PART VII
AMENDMENTS, OMISSIONS AND REVOCATIONS
The Hydrocarbon Oil Regulations 1973
18
1
Amend the Hydrocarbon Oil Regulations 1973 as follows.
2
In regulation 2, omit —
a
the definition of “dark oil”; and
b
the definition of “the duty deferment regulations”.
3
For paragraph (1)(f) and paragraph (2)(b) of regulation 12 (delivery notes), substitute “if the oil is required by the Hydrocarbon Oil (Marking) Regulations 2002 to be marked, the statements required by regulation 13 of those Regulations”.
4
Omit regulations 17 to 30A.
The Hydrocarbon Oil (Designated Markers) Regulations 1996
19
1
Amend regulation 2 (designation of markers) of the Hydrocarbon Oil (Designated Markers) Regulations 1996 as follows.
2
In regulation 2(2) —
a
for the second designated marker, substitute —
“N-Ethyl-N-[2-(1-isobutoxyethoxy)ethyl]-4-(phenylazo)aniline”; and
b
omit the third designated marker.
Revocations
20
1
Revoke the Hydrocarbon Oil (Amendment) Regulations 1985 .
2
Revoke the Hydrocarbon Oil (Amendment) ( No. 2) Regulations 1994 .
M J Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
16th July 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Buckinghamshire Health Authority (Transfer of Trust Property) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Buckinghamshire Health Authority ;
“the new Trust” means the Milton Keynes General National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 5th February 2002 and on behalf of the new Trust on 21st February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
Citation and commencement
1
This Order may be cited as the National Health Service Trusts (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
Each of the National Health Service Trusts established by the National Health Service Trust (Establishment) Orders listed in the Schedule to this Order is dissolved and accordingly those Orders are revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Department of Health
26th March 2002


text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the 1993 Regulations
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with the following provisions of these Regulations.
Circumstances in which proposals may be made
3
In regulation 4A —
a
in paragraph (1), after sub-paragraph (b) there is inserted —
bb
the rateable value shown in the list for a hereditament is inaccurate by reason of an amendment to the classes of plant and machinery set out in the Schedule to the Valuation for Rating (Plant and Machinery) (England) Regulations 2000 which comes into force on or after the day on which the list was compiled;
; and
b
in paragraph (4) —
i
for “either of the grounds set out in sub-paragraph (c) or (e)” there is substituted “any of the grounds set out in sub-paragraph (bb), (c) or (e)”; and
ii
for “the alteration in question” there is substituted “the alteration or amendment in question”.
Periods in which proposals may be made: 2000 and subsequent lists
4
For regulation 4C(2), there is substituted —
2
A proposal on the ground set out in regulation 4A(1)(c) may only be made within six months of either the date of the alteration or the day on which the next list is compiled, whichever is the later.
.
Time from which alteration is to have effect: general
5
1
After regulation 13A(4), there is inserted —
4A
An alteration made to show in or, as the case may be, to delete from a list any hereditament which, before the list was compiled, came into existence or ceased to exist as a consequence of —
a
property previously rated as a single hereditament becoming liable to be rated in parts, or
b
property previously rated in parts becoming liable to be rated as a single hereditament, or
c
any part of a hereditament becoming part of a different hereditament,
shall have effect from the day the list was compiled.
2
In regulation 13A(13) —
a
for “an alteration made” there is substituted “where an alteration is made”;
b
for “shall have effect” there is substituted “then”; and
c
for sub-paragraph (a), there is substituted the following —
a
where the alteration is made in pursuance of a proposal, it shall have effect as follows —
i
if the proposal is served on the valuation officer within 6 months of the date of the previous alteration, from the date on which the previous alteration fell to have effect;
ii
if the proposal is served on the valuation officer after 6 months from that date but on or before 30th June 2002, from the date on which the previous alteration fell to have effect or 1st April 2001 whichever is the later;
iii
if the proposal is served on the valuation officer after 6 months from that date and after 30th June 2002, from the date on which the previous alteration fell to have effect or the first day of the financial year in which the proposal is served, whichever is the later; or
;
d
in sub-paragraph (b), for “in any other case, from that day” there is substituted “where the alteration is not made in pursuance of a proposal, the alteration shall have effect from the date on which the previous alteration fell to have effect”.
3
After paragraph (13), there is inserted the following paragraph —
13A
Subject to paragraph (14), an alteration made to correct an inaccuracy in a list (other than an alteration which falls to take effect as provided in the foregoing provisions of this regulation) shall have effect from the day on which the list became inaccurate.
.
Appeals against certification
6
In regulation 30(2), for “six months” there is substituted “a year”.
Appeals
7
In paragraph (a) of the definition of appeal in regulation 2(1) and in regulations 2(3)(a), 34(5), 38(1)(b), 40(12), 44(2) and 47(1), after “Regulations 1994” there is inserted “or under regulation 37 of the Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999 ”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State for Transport, Local Government and the Regions
6th March 2002


text:
PART 1
GENERAL
Citation, commencement, duration and interpretation
1
1
These Regulations may be cited as the Tax Credits (Appeals) (No. 2) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations shall cease to have effect on such day as is appointed by order made under section 63(1) of the Tax Credits Act 2002 (tax credits appeals etc. : temporary modifications).
3
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1998;
“the 2002 Act ” means the Tax Credits Act 2002;
“the Appeals Regulations ” means the Tax Credits (Appeals) Regulations 2002 ;
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Working Tax Credit Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“appeal” means an appeal under section 38 of the 2002 Act;
“an application for a direction” means an application for a direction to close down an enquiry made under section 19(9) of the 2002 Act;
“a case” means, for the purposes of Chapter 3 of Part 3, an appeal or an application for a direction;
“clerk to the appeal tribunal” means a clerk assigned to the appeal tribunal in accordance with regulation 10;
“ court ” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community;
“the date of notification” means —
the date of the notice of a decision of the Board given under section 23(2) of the 2002 Act; or
the date that notification of a decision of the Board, other than notice of a decision given under section 23(2) of the 2002 Act, is treated as having been given or sent in accordance with regulation 2(b);
“decision” means, for the purposes of Chapter 5 of Part 3, —
the decision of an appeal tribunal on an appeal;
a direction under section 19(10) of the 2002 Act given in response to an application for a direction, or the refusal to make such a direction; and
a penalty determination made in penalty proceedings;
“financially qualified panel member” means a panel member who satisfies the requirements of paragraph 4 of Schedule 3 to the Decisions and Appeals Regulations;
“joint claim” means a claim made under section 3(3)(a) of the 2002 Act and any reference in these Regulations to “joint claimant” shall be construed accordingly;
“legally qualified panel member” means a panel member who satisfies the requirements of paragraph 1 of Schedule 3 to the Decisions and Appeals Regulations;
“medically qualified panel member” means a panel member who satisfies the requirements of paragraph 2 of Schedule 3 to the Decisions and Appeals Regulations;
“panel” means the panel constituted under section 6 of the Act;
“panel member” means a person appointed to the panel;
“panel member with a disability qualification” means a panel member who satisfies the requirements of paragraph 5 of Schedule 3 to the Decisions and Appeals Regulations;
“partner” means, where a person is a member of a married or an unmarried couple, the other member of that couple;
“party to the proceedings” means the Board and any other person —
who is an appellant in an appeal brought against a decision or determination set out in section 38 of the 2002 Act;
who is an applicant for a direction to close down an enquiry under section 19(9) of the 2002 Act;
who is a defendant (or defender) in penalty proceedings brought under paragraph 3 of Schedule 2 to the 2002 Act;
who is a person with a right of appeal or a right to make an application for a direction under regulation 3;
“penalty determination” means a decision made in accordance with paragraph 3 of Schedule 2 to the 2002 Act;
“penalty proceedings” means proceedings under paragraph 3 of Schedule 2 to the 2002 Act;
“President” means the President of appeal tribunals appointed under section 5 of the Act;
“single claim” means a claim made under section 3(3)(b) of the 2002 Act;
“tax credit” means child tax credit or working tax credit, construing those terms in accordance with section 1(1) and (2) of the 2002 Act, and any reference in these Regulations to “child tax credit” or “working tax credit” shall be construed accordingly.
Service of notices or documents
2
Where, by any provision of these Regulations —
a
any notice or other document is required to be given or sent to the clerk to the appeal tribunal or to the Board, that notice or document shall be treated as having been so given or sent on the day that it is received by the clerk to the appeal tribunal or by the Board, and
b
any notice or other document is required to be given or sent to any person other than the clerk to the appeal tribunal or the Board, that notice or document shall, if sent to that person’s last known address, be treated as having been given or sent on the day that it was posted.
PART 2
GENERAL APPEAL MATTERS
Other persons with a right of appeal or a right to make an application for a direction
3
For the purposes of section 12(2) of the Act (as applied and modified by the Appeals Regulations), where —
a
a person has made a claim for a tax credit but is unable for the time being to make an appeal against a decision in respect of that tax credit; or
b
a person is the person in respect of whom an enquiry has been initiated under section 19(1) of the 2002 Act, but is unable for the time being to make an application for a direction,
the following other persons have a right of appeal to an appeal tribunal or a right to make an application for a direction —
i
a receiver appointed by the Court of Protection with power to make a claim for a tax credit on behalf of the person;
ii
in Scotland, a tutor, curator or other guardian acting or appointed in terms of law who is administering the estate of the person;
iii
a person appointed under regulation 33(1) of the Social Security (Claims and Payments) Regulations 1987 (persons unable to act);
iv
where there is no person mentioned in sub-paragraph (iii) in relation to the person who is unable to act, a person who has applied in writing to the Board to be appointed to act on behalf of the person who is unable to act and, if a natural person, is aged 18 years or more and who has been so appointed by the Board for the purposes of this sub-paragraph.
Time within which an appeal is to be brought
4
1
Where a dispute arises as to whether an appeal was brought within the time limit specified in section 39(1) of the 2002 Act, the dispute shall be referred to, and be determined by, a legally qualified panel member.
2
The time limit specified in section 39(1) of the 2002 Act may be extended in accordance with regulation 5.
Late appeals
5
1
The time within which an appeal must be brought may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but no appeal shall in any event be brought more than one year after the expiration of the last day for appealing under section 39(1) of the 2002 Act.
2
An application for an extension of time under this regulation shall be made in accordance with regulation 6 and shall be determined by a legally qualified panel member, except that where the Board consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Board may grant the application.
3
An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).
4
An application for an extension of time shall not be granted unless —
a
the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or
b
the panel member is, or the Board are, satisfied that it is in the interests of justice for the application to be granted.
5
For the purposes of paragraph (4) it is not in the interests of justice to grant an application unless the panel member is, or the Board are, as the case may be, satisfied that —
a
the special circumstances specified in paragraph (6) are relevant to the application; or
b
some other special circumstances exist which are wholly exceptional and relevant to the application,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit specified in section 39(1) of the 2002 Act.
6
For the purposes of paragraph (5)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
7
In determining whether it is in the interests of justice to grant the application, regard shall be had to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the appeal is to be brought under section 39(1) of the 2002 Act and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
8
In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following —
a
that the applicant or any person acting for him was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limit imposed by section 39(1) of the 2002 Act); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
9
An application under this regulation for an extension of time which has been refused may not be renewed.
10
The panel member who determines an application under this regulation shall record a summary of his decision in such written form as has been approved by the President.
11
As soon as practicable after the decision is made a copy of the decision shall be sent or given to every party to the proceedings.
Making of an application for an extension of time
6
An application for an extension of time for making an appeal to an appeal tribunal shall be made in writing to the Board and shall —
a
include sufficient information to determine —
i
the identity of the appellant;
ii
the subject of the application in respect of which an extension of time is sought; and
iii
the grounds on which an extension of time is sought; and
b
be signed by or on behalf of the appellant.
Making an application for a direction
7
An application for a direction to be made by an appeal tribunal shall —
a
be made in writing to the Board;
b
contain sufficient information for the Board to determine the identity of the applicant; and
c
be signed by or on behalf of the applicant.
Death of a party to an appeal or an application for a direction
8
1
In any proceedings relating to an appeal or an application for a direction, on the death of a party to those proceedings (other than the Board) the following persons may proceed with the appeal or application for a direction in the place of such deceased party —
a
where the proceedings are in relation to a single claim, the personal representatives of the person who has died;
b
where the proceedings are in relation to a joint claim, where only one of the persons by whom the claim was made has died, the other person with whom the claim was made;
c
where the proceedings are in relation to a joint claim where both the persons by whom the claim was made have died, the personal representatives of the last of them to die;
d
for the purposes of paragraph (c), where persons have died in circumstances rendering it uncertain which of them survived the other —
i
their deaths shall be presumed to have occurred in order of seniority; and
ii
the younger shall be treated as having survived the elder.
2
Where there is no person mentioned in paragraphs (1)(a) to (1)(c) to proceed with the appeal or application for a direction, the Board may appoint such person as they think fit to proceed with that appeal or that application in the place of such deceased party referred to in paragraph (1).
3
A grant of probate, confirmation or letters of administration to the estate of the deceased party, whenever taken out, shall have no effect on an appointment made under paragraph (2).
4
Where a person appointed under paragraph (2) has, prior to the date of such appointment, taken any action in relation to the appeal or application for a direction on behalf of the deceased party, the effective date of appointment by the Board shall be the day immediately prior to the first day on which such action was taken.
PART 3
APPEAL TRIBUNALS FOR TAX CREDITS
CHAPTER 1
APPEAL TRIBUNALS
Composition of appeal tribunals
9
1
Subject to the following provisions of this regulation, an appeal tribunal, for the purposes of these Regulations, shall consist of a legally qualified panel member.
2
Subject to paragraphs (3), (4) and (6), an appeal tribunal shall consist of a legally qualified panel member, a medically qualified panel member and a panel member with a disability qualification where the issue, or one of the issues, raised on the appeal is —
a
whether or not there is an entitlement, under regulation 9 of the Working Tax Credit Regulations, to have the disability element of working tax credit included in the maximum rate;
b
whether a member of a married or unmarried couple is incapacitated for the purposes of regulation 13(1)(b)(ii) of the Working Tax Credit Regulations;
c
whether a child is disabled for the purposes of regulation 14(3) of the Working Tax Credit Regulations;
d
whether there is an entitlement under regulation 17 of the Working Tax Credit Regulations to have the severe disability element of working tax credit included in the maximum rate;
e
whether the conditions set out in regulation 8 of the Child Tax Credit Regulations 2002 for a disabled or severely disabled child or qualifying young person are satisfied.
3
Subject to paragraph (4), an appeal tribunal shall consist of a legally qualified panel member and a financially qualified panel member where the appeal, application for a direction or penalty proceedings may require consideration by members of the appeal tribunal of issues which are, in the opinion of the President, difficult and which relate to —
a
profit and loss accounts, revenue accounts or balance sheets relating to any enterprise;
b
an income and expenditure account in the case of an enterprise not trading for profit; or
c
the accounts of any trust fund.
4
Where the composition of an appeal tribunal would fall to be prescribed under both paragraphs (2) and (3), it shall consist of a legally qualified panel member, a medically qualified panel member and a panel member with a disability qualification.
5
Where the composition of an appeal tribunal is prescribed under paragraph (1) or (3), the President may determine that the appeal tribunal shall include such an additional member drawn from the panel constituted under section 6 of the Act as he considers appropriate for the purposes of providing further experience for that additional panel member or for assisting the President in the monitoring of standards of decision making by panel members.
6
A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.
Assignment of clerks to appeal tribunals: function of clerks
10
The Secretary of State shall assign a clerk to service each appeal tribunal and the clerk so assigned shall be responsible for summoning members of the panel constituted under section 6 of the Act to serve on the tribunal.
CHAPTER 2
PROCEDURE IN CONNECTION WITH DETERMINATION OF APPEALS, APPLICATIONS FOR DIRECTIONS AND PENALTY PROCEEDINGS
Consideration and determination of appeals, applications for a direction and penalty proceedings
11
1
The procedure in connection with the consideration and determination of an appeal, an application for a direction or penalty proceedings shall, subject to the following provisions of these Regulations, be such as a legally qualified panel member shall determine.
2
A legally qualified panel member may give directions requiring a party to the proceedings to comply with any provision of these Regulations and may at any stage of the proceedings, either of his own motion or on a written application made to the clerk to the appeal tribunal by any party to the proceedings, give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to the proceedings to provide such particulars or to produce such documents as may be reasonably required.
3
Where a clerk to the appeal tribunal is authorised to take steps in relation to the procedure of the tribunal he may give directions requiring any party to the proceedings to comply with any provision of these Regulations.
Directions concerning oral hearings
12
1
Where an appeal or an application for a direction is made to an appeal tribunal, the clerk to the appeal tribunal shall direct the appellant or applicant and any other party to the proceedings to notify the clerk to the appeal tribunal in writing whether he wishes to have an oral hearing of that appeal or that application, or whether he is content for that appeal or that application to proceed without an oral hearing.
2
A direction under paragraph (1) shall include a statement informing the appellant or applicant that, if he does not respond in writing to the direction within the period specified in paragraph (3), the appeal or application for a direction may be struck out in accordance with regulation 16.
3
A notification given in accordance with paragraph (1) must be received by the clerk to the appeal tribunal within 14 days of the date of issue of the direction of the clerk to the appeal tribunal under paragraph (1) or within such longer period as the clerk to the appeal tribunal may direct.
4
Where a party to the proceedings notifies the clerk to the appeal tribunal in accordance with paragraph (3) that he wishes to have an oral hearing of the appeal or application for a direction, the appeal tribunal shall hold an oral hearing.
5
The chairman, or in the case of an appeal tribunal which has only one member, that member, may of his own motion direct that an oral hearing of the appeal or application for a direction be held if he is satisfied that such a hearing is necessary to enable the appeal tribunal to reach a decision.
Withdrawal of application for a direction or penalty proceedings
13
1
An application for a direction may be withdrawn by the applicant, or penalty proceedings may be withdrawn by the Board, at any time before that application is, or those proceedings are, determined, either —
a
at an oral hearing; or
b
by giving notice in writing of withdrawal to the clerk to the appeal tribunal.
2
If an application for a direction is, or penalty proceedings are, withdrawn in accordance with paragraph (1)(a), the clerk to the appeal tribunal shall send a notice in writing to any party to the proceedings who is not present when the application for a direction is, or penalty proceedings are, withdrawn, informing him that the application for a direction has, or the penalty proceedings have, been withdrawn.
3
If an application for a direction is, or penalty proceedings are, withdrawn in accordance with paragraph (1)(b), the clerk to the appeal tribunal shall send a notice in writing to every party to the proceedings informing them that the application for a direction has, or penalty proceedings have, been withdrawn.
Non-disclosure of medical advice or evidence
14
1
Where, in connection with an appeal, an application for a direction or penalty proceedings, there is medical advice or medical evidence relating to a person which has not been disclosed to him and in the opinion of a legally qualified panel member, the disclosure to that person of that advice or evidence would be harmful to his health, such advice or evidence shall not be required to be disclosed to that person.
2
Advice or evidence such as is mentioned in paragraph (1) —
a
shall not be disclosed to any person acting for or representing the person to whom it relates;
b
shall not be disclosed to a joint claimant of the person to whom it relates or any person acting for or representing that joint claimant;
c
in a case where a claim for a tax credit is made by reference to the disability of a person other than the claimant or joint claimant and the advice or evidence relates to that other person, shall not be disclosed to the claimant, joint claimant or any person acting for or representing the claimant or joint claimant,
unless a legally qualified panel member is satisfied that it is in the interests of the person to whom the advice or evidence relates to do so.
3
A tribunal shall not be precluded from taking into account for the purposes of the determination advice or evidence which has not been disclosed to a person under the provisions of paragraph (1) or (2).
Summoning of witnesses and administration of oaths
15
1
A chairman, or in the case of an appeal tribunal which has only one member, that member, may by summons, or in Scotland, by citation, require any person in Great Britain to attend as a witness at a hearing of an appeal, an application for a direction or penalty proceedings, at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in that appeal, application or those proceedings but —
a
no person shall be required to attend in obedience to such summons or citation unless he has been given at least 14 days' notice of the hearing or, if less than 14 days' notice is given, he has informed the tribunal that the notice given is sufficient; and
b
no person shall be required to attend and give evidence or to produce any document in obedience to such summons or citation unless the necessary expenses of attendance are paid or tendered to him.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.
3
In exercising the powers conferred by this regulation, the chairman, or in the case of an appeal tribunal which has only one member, that member, shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.
4
Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a chairman to vary or set aside the summons or citation.
5
A chairman, or in the case of an appeal tribunal which has only one member, that member, may require any witness, including a witness summoned under the powers conferred by this regulation, to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
CHAPTER 3
STRIKING OUT APPEALS AND APPLICATIONS FOR A DIRECTION
Cases which may be struck out
16
1
Subject to paragraphs (2) and (3), a case may be struck out by the clerk to the appeal tribunal —
a
for want of prosecution including an appeal not made within the time specified in section 39(1) of the 2002 Act and in these Regulations; or
b
subject to regulation 12(4), for failure of the appellant or applicant to comply with a direction given under these Regulations where the appellant or applicant has been notified that failure to comply with the direction could result in the case being struck out.
2
Where the clerk to the appeal tribunal determines to strike out the case, he shall notify the appellant or applicant that his case has been struck out and of the procedure for reinstatement of the case as specified in regulation 17.
3
The clerk to the appeal tribunal may refer any matter for determination under this regulation to a legally qualified panel member for decision by the panel member rather than the clerk to the appeal tribunal.
Reinstatement of struck out cases
17
1
The clerk to the appeal tribunal may reinstate a case which has been struck out in accordance with regulation 16(1)(b) where —
a
the appellant or applicant has made representations to him or, as the case may be, further representations in support of his case with reasons why he considers that his case should not have been struck out;
b
the representations are made in writing within one month of the order to strike out the case being issued; and
c
the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the case,
but if the clerk is not satisfied that there are reasonable grounds for reinstatement a legally qualified panel member shall consider whether the case should be reinstated in accordance with paragraph (2).
2
A legally qualified panel member may reinstate a case which has been struck out in accordance with regulation 16 where —
a
the appellant or applicant has made representations or, as the case may be, further representations in support of his case with reasons why he considers that his case should not have been struck out, to the clerk to the appeal tribunal, in writing within one month of the order to strike out the case being issued, and the panel member is satisfied in the light of those representations that there are reasonable grounds for reinstating the case;
b
the panel member is satisfied that the case is not a case which may be struck out under regulation 16; or
c
the panel member is satisfied that notwithstanding that the case is one which may be struck out under regulation 16, it is not in the interests of justice for the case to be struck out.
CHAPTER 4
ORAL HEARINGS
Procedure at oral hearings
18
1
Subject to the following provisions of this Part, the procedure for an oral hearing shall be such as the chairman, or in the case of an appeal tribunal which has only one member, such as that member, shall determine.
2
Except where paragraph (4) applies, not less than 14 days' notice (beginning with the day on which notice is given and ending on the day before the hearing of the appeal or application for a direction, is to take place) of the time and place of any oral hearing of an appeal or an application for a direction shall be given to every party to the proceedings.
3
If such notice has not been given to a person to whom it should have been given under the provisions of paragraph (2) the hearing may proceed only with the consent of that person.
4
Any party to the proceedings may waive his right under paragraph (2) to receive not less than 14 days' notice of the time and place of any oral hearing by giving notice to the clerk to the appeal tribunal.
5
If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing the chairman, or in the case of an appeal tribunal which has only one member, that member, may, having regard to all the circumstances including any explanation offered for the absence —
a
proceed with the hearing notwithstanding his absence; or
b
give such directions with a view to the determination of the appeal or application for a direction as he may think proper.
6
If a party to the proceedings has waived his right to be given notice under paragraph (2) the chairman, or in the case of an appeal tribunal which has only one member, that member, may proceed with the hearing notwithstanding his absence.
7
An oral hearing of an appeal, application for a direction or penalty proceedings shall be in public except where the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is necessary to hold the hearing, or part of the hearing, in private —
a
in the interests of national security, morals, public order or children;
b
for the protection of private or family life of one or more parties to the proceedings; or
c
in special circumstances, because publicity would prejudice the interests of justice.
8
At an oral hearing —
a
any party to the proceedings shall be entitled to be present and be heard; and
b
the following persons may be present by means of a live television link —
i
a party to the proceedings or his representative or both; or
ii
where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,
provided that the person who constitutes or is the chairman of the tribunal gives permission and the appellant, the applicant for a direction or the person who is subject to penalty proceedings consents.
9
A person who has the right to be heard at a hearing may be accompanied and may be represented by another person whether having professional qualifications or not and, for the purposes of the proceedings at the hearing, any such representative shall have all the rights and powers to which the person whom he represents is entitled.
10
The following persons shall also be entitled to be present at an oral hearing (whether or not it is otherwise in private) but shall take no part in the proceedings —
a
the President;
b
any person undergoing training as a chairman or member of an appeal tribunal or as a clerk to an appeal tribunal;
c
any person acting on behalf of the President in the training or supervision of panel members or in the monitoring of standards of decision-making by panel members;
d
with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, any other person; and
e
a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals.
11
Nothing in paragraph (10) affects the rights of —
a
any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or
b
the clerk to the tribunal,
and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the appeal tribunal or the clerk.
12
Any person entitled to be heard at an oral hearing may address the tribunal, may give evidence, may call witnesses and may put questions directly to any other person called as a witness.
13
For the purpose of arriving at its decision an appeal tribunal shall, and for the purpose of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons not being members of the tribunal, other than the person acting as clerk to the appeal tribunal, to withdraw from the hearing except that —
a
a member of the Council on Tribunals or of the Scottish Committee of the Council on Tribunals, the President or any other person mentioned in paragraph (10)(c); and
b
with the leave of the chairman, or in the case of an appeal tribunal which has only one member, with the leave of that member, any person mentioned in paragraph (10)(b) or (d),
may remain present at any such sitting.
14
In this regulation “live television link” means a live television link or other facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by those physically present.
Manner of providing expert assistance
19
1
Where an appeal tribunal requires one or more experts to provide assistance to it in dealing with a question of fact of special difficulty under section 7(4) of the Act, such an expert shall, if the chairman, or in the case of an appeal tribunal which has only one member, that member, so requests, attend at the hearing and give evidence.
2
If the chairman or in the case of an appeal tribunal which has only one member, that member, considers it appropriate, the expert shall enquire into and provide a written report on the question to be dealt with in accordance with paragraph (1).
3
A copy of any written report received from an expert in accordance with paragraph (2) shall be supplied to every party to the proceedings.
Postponement and adjournment
20
1
Where a person to whom —
a
notice of an oral hearing is given; or
b
in the case of penalty proceedings, a summons has been issued under paragraph 3(2) of Schedule 2 to the 2002 Act,
wishes to request a postponement of that hearing he shall do so in writing to the clerk to the appeal tribunal stating his reasons for the request, and the clerk to the appeal tribunal may grant or refuse the request as he thinks fit or may pass the request to a legally qualified panel member who may grant or refuse the request as he thinks fit.
2
Where the clerk to the appeal tribunal or the panel member, as the case may be, refuses a request to postpone the hearing he shall —
a
notify in writing the person making the request of the refusal; and
b
place before the appeal tribunal at the hearing both the request for the postponement and notification of its refusal.
3
A panel member or the clerk to the appeal tribunal may of his own motion at any time before the beginning of the hearing postpone the hearing.
4
An oral hearing may be adjourned by the appeal tribunal at any time on the application of any party to the proceedings or of its own motion.
CHAPTER 5
DECISIONS OF APPEAL TRIBUNALS AND RELATED MATTERS
Decisions of appeal tribunals
21
1
Every decision of an appeal tribunal shall be recorded in summary by the chairman, or in the case of an appeal tribunal which has only one member, by that member and shall be referred to as a decision notice.
2
The decision notice specified in paragraph (1) shall be in such written form as shall have been approved by the President and shall be signed by the chairman, or in the case of an appeal tribunal which has only one member, by that member.
3
As soon as may be practicable after an appeal or an application for a direction has, or penalty proceedings have, been decided by an appeal tribunal, a copy of the decision notice prepared in accordance with paragraphs (1) and (2) shall be sent or given to every party to the proceedings who shall also be informed of —
a
his right under paragraph (4); and
b
the conditions governing appeals to a Commissioner.
4
A party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 22.
5
Following the application made under paragraph (4), the chairman, or in the case of an appeal tribunal which has only one member, that member, shall record a statement of the reasons and a copy of that statement shall be given or sent to every party to the proceedings as soon as may be practicable.
6
If the decision is not unanimous, the decision notice specified in paragraph (1) shall record that one of the members dissented and the statement of reasons referred to in paragraph (5) shall include the reasons given by the dissenting member for dissenting.
Late applications for a statement of reasons of tribunal decision
22
1
The time for making an application for the statement of reasons for a tribunal’s decision may be extended where the conditions specified in paragraphs (2) to (8) are satisfied, but, subject to paragraph (13), no application shall in any event be brought more than three months after the date of the sending or giving of the notice of the decision of the appeal tribunal.
2
An application for an extension of time under this regulation shall be made in writing and shall be determined by a legally qualified panel member.
3
An application under this regulation shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (4).
4
The application for an extension of time shall not be granted unless the panel member is satisfied that it is in the interests of justice for the application to be granted.
5
For the purposes of paragraph (4) it is not in the interests of justice to grant the application unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (6) are relevant to the application; or
b
some other special circumstances are relevant to the application,
and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 21(4).
6
For the purposes of paragraph (5)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
7
In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the application for a copy of the statement of reasons for a tribunal’s decision is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
8
In determining whether it is in the interests of justice to grant the application, no account shall be taken of the following —
a
that the person making the application or any person acting for him was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
9
An application under this regulation for an extension of time which has been refused may not be renewed.
10
The panel member who determines an application under this regulation shall record a summary of his determination in such written form as has been approved by the President.
11
As soon as practicable after the determination is made, notice of the determination shall be sent or given to every party to the proceedings.
12
Any person who under paragraph (11) receives notice of the determination may, within one month of the determination being sent to him, apply in writing for a copy of the reasons for that determination and a copy shall be supplied to him.
13
In calculating the time specified for applying in writing for a statement of the reasons for the tribunal’s decision there shall be disregarded any day which falls before the day on which notice was given of —
a
a correction of a decision or the record thereof pursuant to regulation 24; or
b
a determination that a decision shall not be set aside following an application made under regulation 25, except where the decision was not set aside because of a refusal to extend the time for applying.
Record of tribunal proceedings
23
1
A record of the proceedings at an oral hearing, which is sufficient to indicate the evidence taken, shall be made by the chairman, or in the case of an appeal tribunal which has only one member, by that member, in such medium as he may direct.
2
Such record shall be preserved by the clerk to the appeal tribunal for six months from the date of the decision made by the appeal tribunal to which the record relates and any party to the proceedings may within that period apply in writing for a copy of that record and a copy shall be supplied to him.
Correction of accidental errors
24
1
The clerk to the appeal tribunal or a legally qualified panel member may at any time correct accidental errors in any decision, or the record of any such decision, of an appeal tribunal made under the 2002 Act.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision or record of that decision and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside decisions on certain grounds
25
1
On an application made by a party to the proceedings, a decision of an appeal tribunal made under the 2002 Act, may be set aside by a legally qualified panel member in a case where it appears just to set the decision aside on the ground that —
a
a document relating to the proceedings in which the decision was made was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the person who made the decision;
b
a party to the proceedings in which the decision was made or the party’s representative was not present at a hearing relating to the proceedings.
2
In determining whether it is just to set aside a decision on the ground set out in paragraph (1)(b), the panel member shall determine whether the party making the application gave notice that he wished to have an oral hearing, and if that party did not give such notice the decision shall not be set aside unless that member is satisfied that the interests of justice manifestly so require.
3
An application under this regulation shall —
a
be made within one month of the date on which —
i
a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 21(3); or
ii
the statement of the reasons for the decision is given or sent in accordance with regulation 21(5),
whichever is the later;
b
be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;
c
contain particulars of the grounds on which it is made; and
d
be sent to the clerk to the appeal tribunal.
4
Where an application to set aside a decision is entertained under paragraph (1), every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
5
Notice in writing of a determination on an application to set aside a decision shall be sent or given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
6
The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.
7
An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and shall be determined by a legally qualified panel member.
8
An application for an extension of time shall not be granted unless the panel member is satisfied that —
a
if the application is granted there are reasonable prospects that the application to set aside will be successful; and
b
it is in the interests of justice for the application for an extension of time to be granted.
9
For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (10) are relevant to the application; or
b
some other special circumstances exist which are wholly exceptional and relevant to that application,
and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).
10
For the purposes of paragraph (9)(a), the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
11
In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.
12
An application under this regulation for an extension of time which has been refused may not be renewed.
Provisions common to regulations 24 and 25
26
1
In calculating any time specified for appealing to a Commissioner from a decision of an appeal tribunal there shall be disregarded any day falling before the day on which notice was given of —
a
a correction of a decision or the record thereof pursuant to regulation 24; or
b
a determination that a decision shall not be set aside following an application made under regulation 25, except where the decision was not set aside because of a refusal to extend the time for applying.
2
There shall be no appeal against a correction made under regulation 24 or a refusal to make such a correction or against a determination made under regulation 25.
3
Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Application for leave to appeal to a Commissioner from a decision of an appeal tribunal
27
1
Subject to section 14 of the Act (as applied and modified by the Appeals Regulations), an application for leave to appeal to a Commissioner from a decision on an appeal under section 12 or 13 of the Act (as applied and modified by the Appeals Regulations) shall —
a
be sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent a written statement of the reasons for the decision against which leave to appeal is sought; and
b
have annexed to it a copy of that written statement of the reasons for the decision.
2
Where an application for leave to appeal to a Commissioner is made by the Board, the clerk to an appeal tribunal shall, as soon as may be practicable, send a copy of the application to every other party to the proceedings.
3
A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.
4
Where there has been a failure to apply for leave to appeal within the period of time specified in paragraph (1)(a) but an application is made within one year of the last date for making an application within that period, a legally qualified panel member may, if for special reasons he thinks fit, accept and proceed to consider and determine the application.
5
Where an application for leave to appeal against a decision of an appeal tribunal is made —
a
if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or
b
if it is impracticable, or would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lewisham 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 Lewisham 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 Lewisham 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:
Citation, commencement and application
1
1
These Regulations may be cited as the Special Educational Needs Tribunal (Amendment) Regulations 2002 and shall come into force on 10th December 2002.
2
These Regulations apply to all appeals to the Tribunal where the notice of appeal is entered in the records of the Tribunal on or after 10th December 2002.
Amendment
2
The Special Educational Needs Tribunal Regulations 2001 shall be amended in accordance with regulations 3 to 22 of these Regulations.
3
1
In regulation 2(1) —
a
following the definition of “child’s statement”, insert —
“the Disability Claims Regulations ” means The Special Educational Needs and Disability Tribunal (General Provisions and Disability Claims Procedure) Regulations 2002;
;
b
in the definition of “parent”, omit “, except in regulations 7, 30(2) and (8) and 39(6),” and following “has made” insert “or may make”;
c
in the definition of “the tribunal”, for “Special Educational Needs Tribunal” substitute “Special Educational Needs and Disability Tribunal” , and following “4(1)” insert “of the Disability Claims Regulations”;
d
for the definition of “working day”, substitute —
“working day” means any day other than a Saturday, a Sunday, any day from 25th December to 1st January inclusive, Good Friday, the first Monday in May, any day in August or a day which is a bank holiday in England and Wales within the meaning of the Banking and Financial Dealings Act 1971;
.
2
Omit regulation 2(2).
4
Omit regulations 3 to 6.
5
For regulation 7(4) substitute —
4
The notice of appeal may include a request that the appeal be heard with a claim of unlawful discrimination under Chapter 1 of Part IV of the Disability Discrimination Act 1995 in accordance with regulation 27(2) of the Disability Claims Regulations.
.
6
1
In regulation 9(1) for “all written evidence which he wishes to submit to the Tribunal”, substitute “must submit all written evidence on which he intends to rely and which he has not already submitted”.
2
In regulation 9(2) omit “, at any time before the hearing”, and for “the hearing” in sub-paragraph (b) substitute “a hearing”.
3
In regulation 9(4) for “shall consider extending” substitute “may extend”, and following “period” insert —
under regulation 51(1) or, if it has expired, grant such further period as he considers appropriate
.
4
Following regulation 9(4), insert —
5
If, at the time permission is granted under paragraph (2), the authority has lost its entitlement to be represented at the hearing in accordance with regulations 15 or 25, the giving of permission shall restore such entitlement and, if necessary, the hearing shall be re-arranged or adjourned, as appropriate, so that the authority can be represented.
.
7
For sub-paragraphs (a) and (b) of regulation 10 substitute —
a
at a hearing; or
b
at any other time, by sending written notification to the Secretary of the Tribunal.
.
8
In regulation 12(6) omit before the hearing, and for the hearing where next it appears substitute a hearing.
9
1
In regulation 13(1), for “which it wishes to submit to the Tribunal” substitute “on which it intends to rely”.
2
In regulation 13(3) omit “, at any time before the hearing”, and for “the hearing” where next it appears substitute “a hearing”.
3
In regulation 13(5) for “shall consider extending” substitute “may extend”, and following “period” insert —
under regulation 51(1), or if it has expired, grant such further period as he considers appropriate
.
4
Following regulation 13(5) insert —
6
If, at the time permission is granted under paragraph (3), the parent has lost his entitlement to attend or be represented at the hearing in accordance with regulation 25, the giving of permission shall restore such entitlement and, if necessary, the hearing shall be re-arranged or adjourned, as appropriate, so that the parent can attend or be represented.
.
10
In regulation 15(1) —
a
following “period or”, insert “, subject to section 326A of the 1996 Act,”; and
b
following “notice of appeal”, insert “and any other documentation already received or amended in accordance with regulation 9(1) and (2),”.
11
In regulation 16(1), omit “before the hearing” and for “the hearing” where next it appears substitute “a hearing”.
12
— In regulation 17(1)(c), for “subject to paragraph 18(2)” substitute “at the same time as sending to the parent the notice referred to in sub-paragraph (b)(iv)”.
2
In regulation 17(1)(d) for “give the head teacher of that school notice of the appeal” substitute —
give —
i
the head teacher of that school; and
ii
if the school is maintained by another authority, that other authority,
notice of the appeal
.
13
In regulation 18(1), for “from” substitute “commencing on”, and following “notification” insert “issued further to regulation 17(1)(b)(iv) and (c)(iii)”.
14
1
In regulation 19(3), before “appeal” where it appears for the second time, insert “the”.
2
Following paragraph (3), insert —
4
In the event of a school referred to in paragraph (3) not being maintained by the authority the notice required by that paragraph shall also be given to the authority by which the school is maintained.
5
Where the Secretary of the Tribunal sends any of the copies of documents referred to in paragraph (1) to a party who has already informed the Secretary of the Tribunal in response to the enquiries made under regulation 20(a)(i) and (ii) that the party does not wish to attend or be represented at the hearing, the Secretary of the Tribunal shall ask whether the party wishes to amend that response on the basis of the copies received.
.
15
Following “regulation 30(4)(c)” in sub-paragraph (c) of regulation 20, insert —
and the provisions of regulation 34(1) and (2); and
d
inform the parties that where an answer to the enquiries under sub-paragraphs (a) or (b) changes after the party has responded to the enquiries, the party concerned must inform the Secretary of the Tribunal in writing forthwith
.
16
Following regulation 21(4), insert —
5
Where, in accordance with regulation 27(2) of the Disability Claims Regulations, the President orders that an appeal be heard together with a claim under Chapter 1 of Part IV of the Disability Discrimination Act 1995, the directions given under paragraph (1) shall relate to the appeal only; but in giving such directions the President may consider whether it is in the interests of the efficient disposal of the appeal and the claim, and in the interests of the parties, that the directions given with respect to the appeal are the same as, or similar to, those given in the claim.
6
Where it appears to the President that there is an issue in any appeal which must be determined prior to the substantive hearing of the appeal and which cannot properly be determined by the giving of directions, he may summon the parties to appear before him for this purpose and may give any necessary directions relating to their appearance.
.
17
In regulation 26(1) following “tendered to him” in sub-paragraph (d), insert —
; and
e
no summons shall require a person under the age of 12 to attend and give evidence at the hearing except where the President determines that the evidence of such a person is necessary to enable the fair hearing of the appeal
.
18
For regulation 28(7), substitute —
7
In this regulation, “working day” has the meaning ascribed to it in regulation 2 except that it includes any day in August which is not a Saturday, Sunday or bank holiday.
.
19
1
In regulation 30(1), following “shall” insert “not”, and for “unless” substitute “if”.
2
In regulation 30(1)(b) omit “, at any time before the hearing”, and for “the hearing” where next it appears substitute a “hearing”.
3
In regulation 30(2)(b) for “(8)” substitute “(9)”.
4
In regulation 30(2) following “interpreter” in sub-paragraph (i), insert —
;
j
any person giving other necessary assistance to a person sitting as a member of the tribunal or entitled to attend the hearing further to this regulation
.
5
In regulation 30(5) for “paragraph 2(d) to (g)” substitute “sub-paragraphs (d) to (g), or, as their respective duties require, sub-paragraphs (i) and (j), of paragraph (2)”.
6
In regulation 30(6) for “paragraphs (2)(a) to (i) or” substitute “sub-paragraphs (a) to (j) of paragraph (2) or paragraph”, and for “clerk to the tribunal or an interpreter” substitute “persons specified in sub-paragraphs (d), (i) and (j) of paragraph (2)”.
7
In regulation 30(9) omit “before the hearing”, and for the hearing where next it appears substitute “a hearing”.
8
Omit regulation 30(10).
20
In regulation 34(1) omit “before the hearing” where it appears for the second time, and for “the hearing” where next it appears substitute “a hearing”.
21
In regulation 46(2)(b) for “44(3)” substitute “45(3)”.
22
1
In regulation 48(3)(a), for the text following “effect” substitute —
—
i
in accordance with regulation 17(1)(b)(iv) and 17(1)(c)(iii), that a new case statement period shall be commenced; and
ii
that, within the new period, the parties may submit the documentation referred to in sub-paragraph (b) in respect of a statement of case or evidence submitted before the strike out took effect;
.
2
In regulation 48(4) for “that period”, substitute “the periods referred to in paragraphs (2) and (3)(b)”.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
11th November 2002


text:
Title, extent, commencement and cessation
1
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 and extends to England only.
2
This Order shall come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“collecting centre” means any 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;
“flockmark” means the sheep flockmark allocated by the Minister under article 3;
“F Mark” means an F Mark in accordance with article 6(1) and (4);
“goat” means a live goat;
“herdmark” means the goat herdmark allocated by the Minister under article 3;
“holding” means any establishment, construction or, in the case of an open air farm, any place in which sheep or goats are held, kept or handled;
“individual identification number” means an individual identification number in accordance with article 6(1), (9) and (10);
“keeper” means any person having care and control of sheep or goats, even on a temporary basis but not including any person who is only a keeper because he is transporting the animals;
“Origin Mark” means an Origin Mark in accordance with article 6(1) and (5);
“R Mark” means an R Mark in accordance with article 6(1) and (6);
“relevant date” means the date on which this Order comes into force;
“sheep” means a live sheep;
“the Sheep and Goats Order 2000” means the Sheep and Goats Identification (England) Order 2000 ;
“S Mark” means an S Mark in accordance with article 6(1) and (7);
“show” means an occasion at which animals are exhibited but not solely for the purpose of sale;
“slaughterhouse” has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“sole occupancy group” has the meaning given in article 2 of the Disease Control (Interim Measures) (England) Order 2002 ;
“temporary mark” means a temporary mark in accordance with article 6(11);
“veterinary treatment” means treatment, other procedure or castration, carried out by or under the supervision of a veterinary surgeon;
“X Mark” means an X Mark in accordance with article 6(1) and (8).
2
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article bearing that number in this Order and any reference in an article to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in that article.
Notification of holdings where sheep or goats are kept
3
1
Any person who keeps any sheep or goat on a holding shall, within one month of the relevant date or, as the case may be, within one month after he begins to keep the sheep or goat after the relevant date, notify the Minister in writing —
a
of the address of the holding;
b
of the name and address of the occupier of the holding; and
c
whether sheep or goats or both are usually kept on the holding.
2
The keeper shall notify the Minister in writing of any change in the particulars specified in paragraph (1) within one month of such change.
3
On receiving notification under this article the Minister shall, subject to paragraph (4), allocate in respect of the holding a flockmark in the case of sheep or a herdmark in the case of goats.
4
Where the holding is a slaughterhouse or market, the Minister shall allocate a flockmark or herdmark only where she deems it appropriate to do so.
5
Paragraph (1) shall not apply in respect of a holding where before the relevant date the particulars set out in paragraph (1)(a) to (c) were notified in accordance with article 3 of the Sheep and Goats Order 2000.
Sheep records
4
1
Any person keeping sheep on a holding (other than a market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.
2
Within 36 hours of a sheep being moved onto or off a holding, the keeper shall record —
a
the date of movement;
b
the total number of sheep moved;
c
one of the following marks —
i
the latest S Mark applied to the sheep;
ii
where there is no S Mark, the Origin Mark or the mark made under article 8(5) of the Sheep and Goats Order 2000;
iii
where there is no mark as mentioned in sub-paragraph (c)(i) or (ii), the F Mark or R Mark; or
iv
where a sheep bears the maximum number of marks permitted under article 10, the individual identification number together with the Mark which was applied at the same time as the individual identification number;
d
in the case of a sheep moved onto the holding, the address of the holding from which it came; in the case of a sheep being moved off the holding, the address of the holding to which it is going;
e
in the case of a sheep moved from a market, the lot number (if any) allocated at the market;
f
in the case of a sheep moved to a show, the individual identification number together with the Mark which was applied at the same time as the individual identification number; and
g
in the case of a sheep being moved to a destination outside Great Britain, one of the following —
i
an Origin Mark which includes the letters “ UK ”, and the individual identification number;
ii
an F Mark which includes the letters “UK”, and the individual identification number; or
iii
an X Mark and the individual identification number.
3
Paragraph 2(c) shall not apply in the case of a sheep —
a
moved direct to a slaughterhouse;
b
moved direct to a market for the purpose of sale for slaughter;
c
moved to a collecting centre before being moved to a slaughterhouse; or
d
returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter;
provided the keeper records the temporary mark applied to the sheep.
4
In the case of a sheep being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of sheep sold; and
c
the name and address of the purchaser.
5
In the case of a sheep marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the sheep (as the case may be), record the new sheep flockmark and the previous one, if known.
6
The person making a record under this article shall retain the record for a period of six years.
Goat records
5
1
Any person keeping a goat on a holding (other than a market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of goats on that holding on 1st January of that year.
2
Within 36 hours of a goat being moved onto or off a holding, the keeper shall record —
a
the date of movement;
b
the total number of goats moved;
c
one of the following marks —
i
the latest S Mark applied to the goat;
ii
where there is no S Mark, the Origin Mark or the mark made under article 8(5) of the Sheep and Goats Order 2000;
iii
where there is no mark as mentioned in sub-paragraph (c)(i) or (ii), the F Mark or R Mark; or
iv
where a goat bears the maximum number of marks permitted under article 10, the individual identification number together with the Mark which was applied at the same time as the individual identification number;
d
in the case of a goat moved onto the holding, the address of the holding from which it came; in the case of a goat being moved off the holding, the address of the holding to which it is going;
e
in the case of goat moved from a market, the lot number (if any) allocated at the market;
f
in the case of a goat moved to a show, the individual identification number together with the Mark which was applied at the same time as the individual identification number; and
g
in the case of a goat being moved to a destination outside Great Britain, one of the following —
i
an Origin Mark which includes the letters “UK”, and the individual identification number;
ii
an F Mark which includes the letters “UK”, and the individual identification number; or
iii
an X Mark and the individual identification number.
3
Paragraph 2(c) shall not apply in the case of a goat —
a
moved direct to a slaughterhouse;
b
moved direct to a market for the purpose of sale for slaughter;
c
moved to a collecting centre before being moved to a slaughterhouse; or
d
returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter;
provided the keeper records the temporary mark applied to the goat.
4
In the case of a goat being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of goats sold; and
c
the name and address of the purchaser.
5
In the case of a goat marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the goat (as the case may be), record the new herdmark and the previous one, if known.
6
The person making a record under this article shall retain the record for a period of six years.
Marks
6
1
A Mark applied under this Order (save for a temporary mark) shall be applied to the animal’s ear by way of an eartag or tattoo.
2
An eartag shall be —
a
made of either metal or plastic or a combination of metal and plastic;
b
tamper-proof;
c
printed or stamped with the required letters and numbers so that they are easy to read during the animal’s lifetime;
d
such that it does not interfere with the well-being of the animal; and
e
red in colour when it bears an R Mark but not in any other case.
3
A tattoo means a tattoo which is legible for the life of the animal.
4
An F Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding to which the animal is imported from outside the European Union, followed by the letter “F”;
b
when marked on a tattoo, the flockmark or herdmark of that holding followed by the letter “F”.
5
An Origin Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the animal’s holding of birth;
b
when marked on a tattoo, the flockmark or herdmark of the animal’s holding of birth.
6
An R Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”;
b
when marked on a tattoo, the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”.
7
An S Mark is the letter “S” followed by the flockmark or herdmark of the holding on which the animal was kept at the time it was so marked.
8
An X Mark is the letters “UK” followed by the flockmark or herdmark of the holding from which the animal is to be moved to a destination outside Great Britain, followed by the letter “X”.
9
An “individual identification number” is a number which —
a
does not apply to any other sheep with the same flockmark or any other goat with the same herdmark;
b
is applied to an eartag at the same time as an Origin Mark, S Mark, F Mark, R Mark or X Mark is applied, or is tattooed on one of the animal’s ears at the same time as an Origin Mark, S Mark, F Mark, R Mark or X Mark is tattooed on one of its ears; and
c
in the case of an eartag and subject to paragraph (10), immediately follows an Origin Mark, S Mark, F Mark, R Mark or X Mark or is applied to one side of the eartag on the other side of which is an Origin Mark, S Mark, F Mark, R Mark or X Mark.
10
In the case of a number applied in part of the British Islands outside England under legislation in force in that part, the number shall not fail to be an “individual identification number” by reason only that it is not applied to the same eartag as the Origin Mark, S Mark, F Mark, R Mark or X Mark.
11
A temporary mark shall be sufficiently distinctive to be described in the document required under article 12 and shall remain visible to the naked eye until the animal is either slaughtered or returns to the holding from which it had been sent to market for the purpose of sale for slaughter.
Applying Origin Mark
7
1
Subject to paragraph (2), the keeper of a sheep or goat born in England on or after the relevant date, or which is still on its holding of birth on that date, shall as soon as possible apply an Origin Mark.
2
Paragraph (1) shall not apply in respect of an animal which, before the relevant date, was marked in accordance with article 8 or 15 of the Sheep and Goats Order 2000.
Movement from holding of birth
8
1
A person shall not move a sheep or goat from its holding of birth unless an Origin Mark is applied to it.
2
Paragraph (1) shall not apply in the case of —
a
a goat moved for the purpose of being tattooed and then immediately returned to its holding of birth;
b
a sheep or goat moved for the purpose of receiving veterinary treatment and then immediately returned to its holding of birth; or
c
a sheep or goat marked before the relevant date in accordance with article 8(5) of the Sheep and Goats Order 2000.
Movements generally
9
1
Subject to paragraphs (2) to (4) and articles 8 and 10, a person shall not move a sheep or goat unless it is marked with one or more of the following —
a
an Origin Mark and an individual identification number;
b
an S Mark indicating the flockmark or herdmark of the holding from which the animal is being moved;
c
an S Mark and an individual identification number;
d
an F Mark and an individual identification number;
e
an R Mark indicating the flockmark or herdmark of the holding from which the animal is being moved; or
f
an R Mark and an individual identification number.
2
Paragraph (1) shall not apply where —
a
the animal is marked in accordance with article 13(2)(b) and is being moved from the holding to which the flockmark or herdmark refers;
b
the animal is being imported from outside the European Union to a holding in England;
c
the animal is being moved from the holding to which it was imported from outside the European Union and is marked with an F Mark;
d
the animal is being moved from another Member State to a holding in England and is marked in accordance with Council Directive 92/102/ EEC on the identification and registration of animals;
e
the animal is being moved from a part of the British Islands outside England and is marked in accordance with the legislation in force in that part of the British Islands;
f
before the relevant date the animal was marked in accordance with article 8(5) of the Sheep and Goats Order 2000 and with an individual identification number;
g
the animal is marked with a temporary mark and is —
i
being moved direct to a slaughterhouse;
ii
being moved direct to a market for the purpose of sale for slaughter;
iii
being moved to a collecting centre before being moved to a slaughterhouse; or
iv
returning direct to a holding from a market to which it had been sent for the purpose of sale for slaughter;
h
the animal is being moved for the purpose of veterinary treatment, dipping or shearing;
i
the animal is being moved between premises in a sole occupancy group; or
j
the animal is returning to the holding on which it is kept from land on which the person has a right of grazing in common with other proprietors.
3
An animal shall not be moved to or from a show unless it is marked with an individual identification number together with the Mark which was applied at the same time as the individual identification number.
4
a
A person shall not move an animal to premises outside Great Britain unless it is marked with one or more of the following —
i
an Origin Mark which includes the letters “UK”, and an individual identification number;
ii
an F Mark which includes the letters “UK”, and an individual identification number; or
iii
an X Mark and an individual identification number.
b
Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
Maximum number of marks
10
1
Subject to paragraph (2), a person shall not apply an S Mark to a sheep or goat which already bears two marks consisting of one or more of the marks described in paragraph (3).
2
A person shall not apply an S Mark to a sheep or goat which already bears three marks consisting of one or more of the marks described in paragraph (3), where two were applied before the relevant date.
3
The marks described in this paragraph are —
a
an Origin Mark, an S Mark, an F Mark or an R Mark;
b
a mark applied under the Sheep and Goats Order 2000;
c
a mark applied under legislation in force in a part of the British Islands outside England;
d
a mark applied in another Member State in accordance with Council Directive 92/102/EEC ; or
e
a mark applied under a licence given under article 8 or 31 of the Foot-and-Mouth Disease Order 1983 .
Marking animals from outside the European Union
11
1
If a sheep or goat is imported to a holding in England from outside the European Union, within thirty days of arrival at that holding and in any event before it is moved from that holding, the keeper at that holding shall mark it with an F Mark.
2
Paragraph (1) shall not apply to an animal imported direct to a slaughterhouse, where the animal is slaughtered there within 5 days without having been moved from the slaughterhouse.
Movement documents
12
1
A person shall not move a sheep or goat unless it is accompanied by a document, signed by the owner of the animal or his agent and which specifies —
a
the addresses of the holdings from, and to which, the animal is being moved;
b
the date of movement and the total number of animals being moved;
c
the mark described in paragraph (2); and
d
the lot number in respect of an animal which is being moved from market.
2
The document shall specify —
a
one of the following —
i
the S Mark applied to the animal;
ii
where there is no S Mark, the Origin Mark or the mark applied under article 8(5) of the Sheep and Goats Order 2000; or
iii
where there is no mark as mentioned in sub-paragraphs (i) or (ii), the F Mark or the R Mark;
b
where a sheep bears the maximum number of marks permitted under article 10, the individual identification number together with the Mark which was applied at the same time as the individual identification number; or
c
any temporary mark in the case of an animal —
i
being moved direct to a slaughterhouse;
ii
being moved direct to a market for the purpose of sale for slaughter;
iii
being moved to a collecting centre before being moved to a slaughterhouse; or
iv
returning direct to a holding from a market to which it had been sent for the purpose of sale for slaughter.
3
Paragraph (1) shall not apply in the case of an animal which is being moved —
a
between a holding and any land in respect of which a right of grazing in common with other proprietors is exercisable;
b
for the purpose of veterinary treatment, dipping or shearing;
c
in the case of goats, for the purpose of being tattooed; or
d
from premises in a sole occupancy group to other premises in the same group.
4
When the animal arrives at its destination, the person moving the animal shall give the document to the keeper at the holding of destination.
Removal and replacement of eartags and tattoos
13
1
Except under the authority of an officer of the Minister, a person shall not remove or replace an eartag or a tattoo which has been applied to an animal in accordance with this Order or the Sheep and Goats Order 2000, unless it has become illegible or in the case of an eartag, is removed for welfare purposes or is lost.
2
When an Origin Mark, F Mark or R Mark has become illegible, is removed for welfare purposes or is lost, the keeper shall —
a
apply an identical Mark;
b
apply —
i
where the original Mark was an Origin Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept or a tattoo with the flockmark or herdmark of the holding where the animal is kept;
ii
where the original Mark was an F Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the letter F or a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the letter F; or
iii
where the original Mark was an R Mark, a new R Mark, and cross-reference the new mark with the original Mark in the record kept under article 4 or 5; or
c
where the action in neither sub-paragraph (a) nor (b) can be carried out, apply an R Mark.
3
Paragraph (2) shall not apply in the case of an animal at a market or slaughterhouse.
4
A person shall not consign any sheep or goat outside Great Britain if it is marked with an eartag or tattoo ending with the letter “R” showing that it is a replacement eartag or tattoo.
Additional eartags and tattoos
14
1
A person may apply an X Mark or, subject to article 10, an S Mark to a sheep or goat with a view to the animal being moved.
2
A person shall not apply to a sheep or goat an eartag or tattoo bearing a flockmark or herdmark except in accordance with the provisions of this Order unless authorised by the Minister.
Alteration of eartags and tattoos
15
A person shall not alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under this Order.
Production of records and documents
16
Any person in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.
Enforcement
17
Except where otherwise expressly provided, the provisions of this Order shall be executed and enforced by the local authority.
Revocation of the Sheep and Goats Identification (England) Order 2000
18
The Sheep and Goats Identification (England) Order 2000 is revoked.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
7th February 2002