text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the NHS Professionals Special Health Authority Regulations 2003 and shall come into force on 1st January 2004.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the NHS Professionals Special Health Authority established by the NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 ;
“the chairman” means, unless the context otherwise requires, the chairman of the Authority;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust or Local Health Board ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act,
the Dental Practice Board constituted under section 37(1) of the Act,
the Commission for Health Improvement,
the Public Health Laboratory Service Board,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991, and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Authority other than the chairman;
“non-officer member” means a member who is not an officer of the Authority; and
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services under regulations made pursuant to section 29, 36, 39, 42 or 43 of the Act or a list of persons approved for the purpose of assisting in the provision of any such services under regulations pursuant to section 43D of the Act .
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding 4 years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
4
The chairman and non-officer members shall appoint the members who are officers of the Authority.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
c
he has been dismissed within the previous five years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is subject to a national disqualification under section 49N of the Act (national disqualification) imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act (the Family Services Appeal Authority),
ii
is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
iii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act (vacancies for medical practitioners) or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act (disqualification of practitioners) and has not subsequently been approved or, as the case may be, included in a primary care list,
iv
is conditionally included in a primary care list,
v
has been removed from a primary care list on any of the grounds set out in section 49F of the Act (disqualification of practitioners) or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary case list, or
vii
is suspended from a primary care list or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or
h
he is in paid employment with a body other than a health service body which recruits or provides staff to positions in the NHS.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member of, or in the case of an NHS trust, a member of the board of directors of, the health service body in question.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b)(i) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment; and
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b)(ii) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement, or, as the case may be, the terms of the trust deed, are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from his office at any time during the term of his office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Authority or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Authority the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Authority within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Authority may, and if so directed by him, shall, appoint committees of the Authority consisting wholly or partly of members of the Authority or wholly of persons who are not members of the Authority.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Authority, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Authority) or wholly of persons who are not members of the Authority or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Authority.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Authority may make arrangements for the exercise, on behalf of the Authority, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Authority, in each case subject to such restrictions and conditions as the Authority thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Authority shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Authority shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Authority may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Authority; but subject to such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Authority to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Authority may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Authority while any contract, proposed contract, or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 to Schedule 5 of the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Authority and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Authority) as it applies to a member of the Authority.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Authority
11
The Authority shall make such reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public meeting
12
If, in pursuance of regulation 11, the Secretary of State directs the Authority to make an annual report to him for any particular year or for each year, it shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
26th November 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 11) Order 2003.
2
Section 57 of the Criminal Justice and Court Services Act 2000 (testing persons in police detention) shall come into force on 1st April 2003 within the following police areas :
i
Cleveland; and
ii
Humber.
John Denham
Minister of State
Home Office
13th March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Liability for Owners) (Amendment) (England) Regulations 2003 and shall come into force on 1st January 2004.
2
These Regulations apply to England only.
Residential care homes
2
In regulation 2 of the Council Tax (Liability for Owners) Regulations 1992 , for Class A there is substituted —
Class A
a care home within the meaning of the Care Standards Act 2000 , in respect of which a person is registered in accordance with Part 2 of that Act;
a building or a part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948 ; or
a hostel within the meaning given by paragraph 7 of Schedule 1 to the Act.
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
3rd December 2003


text:
1
These Regulations may be cited as the Road Transport (International Passenger Services) (Amendment) Regulations 2003 and shall come into force on 19th May 2003.
2
1
Regulation 14 of the Road Transport (International Passenger Services) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) the words “shuttle service authorisation, a regular, or” and the comma after “special regular” shall be deleted.
3
After paragraph (3) the following paragraph shall be inserted —
3A
An applicant for a shuttle service authorisation or a regular service authorisation shall pay, when the application is made, a fee of £144.20 in respect of the application.
.
4
After paragraph (5) the following paragraph shall be inserted —
5A
An applicant for an own account certificate shall pay, when the application is made, a fee of £5 in respect of each year of validity of the certificate.
.
5
At the end of paragraph (6), after “517/72”, there shall be added —
and “own-account certificate” means a certificate issued in respect of an own-account road transport operation under Regulation ( EEC ) No. 684/92 of the Commission of 16th March 1992 on common rules for the international carriage of passengers by coach and bus as amended by Regulation ( EC ) No. 11/98 of the Council of 11th December 1997
.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State
Department for Transport
10th April 2003
We consent to the making of these Regulations
Jim Fitzpatrick
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
14th April 2003


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Employment Equality (Sexual Orientation) Regulations 2003, and shall come into force on 1st December 2003.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
1
In these Regulations, “sexual orientation” means a sexual orientation towards —
a
persons of the same sex;
b
persons of the opposite sex; or
c
persons of the same sex and of the opposite sex.
2
In these Regulations, references to discrimination are to any discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) or 4 (discrimination by way of victimisation) and related expressions shall be construed accordingly, and references to harassment shall be construed in accordance with regulation 5 (harassment on grounds of sexual orientation).
3
In these Regulations —
“act” includes a deliberate omission;
“benefits” includes facilities and services;
“detriment” does not include harassment within the meaning of regulation 5;
references to “employer”, in their application to a person at any time seeking to employ another, include a person who has no employees at that time;
“employment” means employment under a contract of service or of apprenticeship or a contract personally to do any work, and related expressions shall be construed accordingly;
“Great Britain” includes such of the territorial waters of the United Kingdom as are adjacent to Great Britain;
“Minister of the Crown” includes the Treasury and the Defence Council; and
“school”, in England and Wales, has the meaning given by section 4 of the Education Act 1996 , and, in Scotland, has the meaning given by section 135(1) of the Education (Scotland) Act 1980 , and references to a school are to an institution in so far as it is engaged in the provision of education under those sections.
Discrimination on grounds of sexual orientation
3
1
For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if —
a
on grounds of sexual orientation, A treats B less favourably than he treats or would treat other persons; or
b
A applies to B a provision, criterion or practice which he applies or would apply equally to persons not of the same sexual orientation as B, but —
i
which puts or would put persons of the same sexual orientation as B at a particular disadvantage when compared with other persons,
ii
which puts B at that disadvantage, and
iii
which A cannot show to be a proportionate means of achieving a legitimate aim.
2
A comparison of B’s case with that of another person under paragraph (1) must be such that the relevant circumstances in the one case are the same, or not materially different, in the other.
Discrimination by way of victimisation
4
1
For the purposes of these Regulations, a person (“A”) discriminates against another person (“B”) if he treats B less favourably than he treats or would treat other persons in the same circumstances, and does so by reason that B has —
a
brought proceedings against A or any other person under these Regulations;
b
given evidence or information in connection with proceedings brought by any person against A or any other person under these Regulations;
c
otherwise done anything under or by reference to these Regulations in relation to A or any other person; or
d
alleged that A or any other person has committed an act which (whether or not the allegation so states) would amount to a contravention of these Regulations,
or by reason that A knows that B intends to do any of those things, or suspects that B has done or intends to do any of them.
2
Paragraph (1) does not apply to treatment of B by reason of any allegation made by him, or evidence or information given by him, if the allegation, evidence or information was false and not made (or, as the case may be, given) in good faith.
Harassment on grounds of sexual orientation
5
1
For the purposes of these Regulations, a person (“A”) subjects another person (“B”) to harassment where, on grounds of sexual orientation, A engages in unwanted conduct which has the purpose or effect of —
a
violating B’s dignity; or
b
creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
2
Conduct shall be regarded as having the effect specified in paragraph (1)(a) or (b) only if, having regard to all the circumstances, including in particular the perception of B, it should reasonably be considered as having that effect.
PART II
DISCRIMINATION IN EMPLOYMENT AND VOCATIONAL TRAINING
Applicants and employees
6
1
It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to discriminate against a person —
a
in the arrangements he makes for the purpose of determining to whom he should offer employment;
b
in the terms on which he offers that person employment; or
c
by refusing to offer, or deliberately not offering, him employment.
2
It is unlawful for an employer, in relation to a person whom he employs at an establishment in Great Britain, to discriminate against that person —
a
in the terms of employment which he affords him;
b
in the opportunities which he affords him for promotion, a transfer, training, or receiving any other benefit;
c
by refusing to afford him, or deliberately not affording him, any such opportunity; or
d
by dismissing him, or subjecting him to any other detriment.
3
It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.
4
Paragraph (2) does not apply to benefits of any description if the employer is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public which includes the employee in question, unless —
a
that provision differs in a material respect from the provision of the benefits by the employer to his employees; or
b
the provision of the benefits to the employee in question is regulated by his contract of employment; or
c
the benefits relate to training.
5
In paragraph (2)(d) reference to the dismissal of a person from employment includes reference —
a
to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and
b
to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.
Exception for genuine occupational requirement etc
7
1
In relation to discrimination falling within regulation 3 (discrimination on grounds of sexual orientation) —
a
regulation 6(1)(a) or (c) does not apply to any employment;
b
regulation 6(2)(b) or (c) does not apply to promotion or transfer to, or training for, any employment; and
c
regulation 6(2)(d) does not apply to dismissal from any employment,
where paragraph (2) or (3) applies.
2
This paragraph applies where, having regard to the nature of the employment or the context in which it is carried out —
a
being of a particular sexual orientation is a genuine and determining occupational requirement;
b
it is proportionate to apply that requirement in the particular case; and
c
either —
i
the person to whom that requirement is applied does not meet it, or
ii
the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it,
and this paragraph applies whether or not the employment is for purposes of an organised religion.
3
This paragraph applies where —
a
the employment is for purposes of an organised religion;
b
the employer applies a requirement related to sexual orientation —
i
so as to comply with the doctrines of the religion, or
ii
because of the nature of the employment and the context in which it is carried out, so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers; and
c
either —
i
the person to whom that requirement is applied does not meet it, or
ii
the employer is not satisfied, and in all the circumstances it is reasonable for him not to be satisfied, that that person meets it.
Contract workers
8
1
It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to discriminate against a contract worker —
a
in the terms on which he allows him to do that work;
b
by not allowing him to do it or continue to do it;
c
in the way he affords him access to any benefits or by refusing or deliberately not affording him access to them; or
d
by subjecting him to any other detriment.
2
It is unlawful for a principal, in relation to contract work at an establishment in Great Britain, to subject a contract worker to harassment.
3
A principal does not contravene paragraph (1)(b) by doing any act in relation to a contract worker where, if the work were to be done by a person taken into the principal’s employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement etc).
4
Paragraph (1) does not apply to benefits of any description if the principal is concerned with the provision (for payment or not) of benefits of that description to the public, or to a section of the public to which the contract worker in question belongs, unless that provision differs in a material respect from the provision of the benefits by the principal to his contract workers.
5
In this regulation —
“principal” means a person (“A”) who makes work available for doing by individuals who are employed by another person who supplies them under a contract made with A;
“contract work” means work so made available; and
“contract worker” means any individual who is supplied to the principal under such a contract.
Meaning of employment and contract work at establishment in Great Britain
9
1
For the purposes of this Part (“the relevant purposes”), employment is to be regarded as being at an establishment in Great Britain if the employee —
a
does his work wholly or partly in Great Britain; or
b
does his work wholly outside Great Britain and paragraph (2) applies.
2
This paragraph applies if —
a
the employer has a place of business at an establishment in Great Britain;
b
the work is for the purposes of the business carried on at that establishment; and
c
the employee is ordinarily resident in Great Britain —
i
at the time when he applies for or is offered the employment, or
ii
at any time during the course of the employment.
3
The reference to “employment” in paragraph (1) includes —
a
employment on board a ship only if the ship is registered at a port of registry in Great Britain, and
b
employment on an aircraft or hovercraft only if the aircraft or hovercraft is registered in the United Kingdom and operated by a person who has his principal place of business, or is ordinarily resident, in Great Britain.
4
Subject to paragraph (5), for the purposes of determining if employment concerned with the exploration of the sea bed or sub-soil or the exploitation of their natural resources is outside Great Britain, this regulation has effect as if references to Great Britain included —
a
any area designated under section 1(7) of the Continental Shelf Act 1964 except an area or part of an area in which the law of Northern Ireland applies; and
b
in relation to employment concerned with the exploration or exploitation of the Frigg Gas Field, the part of the Norwegian sector of the Continental Shelf described in Schedule 1.
5
Paragraph (4) shall not apply to employment which is concerned with the exploration or exploitation of the Frigg Gas Field unless the employer is —
a
a company registered under the Companies Act 1985 ;
b
an oversea company which has established a place of business within Great Britain from which it directs the exploration or exploitation in question; or
c
any other person who has a place of business within Great Britain from which he directs the exploration or exploitation in question.
6
In this regulation —
“the Frigg Gas Field” means the naturally occurring gas-bearing sand formations of the lower Eocene age located in the vicinity of the intersection of the line of latitude 59 degrees 53 minutes North and of the dividing line between the sectors of the Continental Shelf of the United Kingdom and the Kingdom of Norway and includes all other gas-bearing strata from which gas at the start of production is capable of flowing into the above-mentioned gas-bearing sand formations;
“oversea company” has the same meaning as in section 744 of the Companies Act 1985.
7
This regulation applies in relation to contract work within the meaning of regulation 8 as it applies in relation to employment; and, in its application to contract work, references to “employee”, “employer” and “employment” are references to (respectively) “contract worker”, “principal” and “contract work” within the meaning of regulation 8.
Office-holders etc
10
1
It is unlawful for a relevant person, in relation to an appointment to an office or post to which this regulation applies, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining to whom the appointment should be offered;
b
in the terms on which he offers him the appointment; or
c
by refusing to offer him the appointment.
2
It is unlawful, in relation to an appointment to an office or post to which this regulation applies and which is an office or post referred to in paragraph (8)(b), for a relevant person on whose recommendation (or subject to whose approval) appointments to the office or post are made, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining who should be recommended or approved in relation to the appointment; or
b
in making or refusing to make a recommendation, or giving or refusing to give an approval, in relation to the appointment.
3
It is unlawful for a relevant person, in relation to a person who has been appointed to an office or post to which this regulation applies, to discriminate against him —
a
in the terms of the appointment;
b
in the opportunities which he affords him for promotion, a transfer, training or receiving any other benefit, or by refusing to afford him any such opportunity;
c
by terminating the appointment; or
d
by subjecting him to any other detriment in relation to the appointment.
4
It is unlawful for a relevant person, in relation to an office or post to which this regulation applies, to subject to harassment a person —
a
who has been appointed to the office or post;
b
who is seeking or being considered for appointment to the office or post; or
c
who is seeking or being considered for a recommendation or approval in relation to an appointment to an office or post referred to in paragraph (8)(b).
5
Paragraphs (1) and (3) do not apply to any act in relation to an office or post where, if the office or post constituted employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement etc); and paragraph (2) does not apply to any act in relation to an office or post where, if the office or post constituted employment, it would be lawful by virtue of regulation 7 to refuse to offer the person such employment.
6
Paragraph (3) does not apply to benefits of any description if the relevant person is concerned with the provision (for payment or not) of benefits of that description to the public, or a section of the public to which the person appointed belongs, unless —
a
that provision differs in a material respect from the provision of the benefits by the relevant person to persons appointed to offices or posts which are the same as, or not materially different from, that which the person appointed holds; or
b
the provision of the benefits to the person appointed is regulated by the terms and conditions of his appointment; or
c
the benefits relate to training.
7
In paragraph (3)(c) the reference to the termination of the appointment includes a reference —
a
to the termination of the appointment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the appointment is renewed on the same terms and conditions; and
b
to the termination of the appointment by any act of the person appointed (including the giving of notice) in circumstances such that he is entitled to terminate the appointment without notice by reason of the conduct of the relevant person.
8
This regulation applies to —
a
any office or post to which persons are appointed to discharge functions personally under the direction of another person, and in respect of which they are entitled to remuneration; and
b
any office or post to which appointments are made by (or on the recommendation of or subject to the approval of) a Minister of the Crown, a government department, the National Assembly for Wales or any part of the Scottish Administration,
but not to a political office or a case where regulation 6 (applicants and employees), 8 (contract workers), 12 (barristers), 13 (advocates) or 14 (partnerships) applies, or would apply but for the operation of any other provision of these Regulations.
9
For the purposes of paragraph (8)(a) the holder of an office or post —
a
is to be regarded as discharging his functions under the direction of another person if that other person is entitled to direct him as to when and where he discharges those functions;
b
is not to be regarded as entitled to remuneration merely because he is entitled to payments —
i
in respect of expenses incurred by him in carrying out the functions of the office or post, or
ii
by way of compensation for the loss of income or benefits he would or might have received from any person had he not been carrying out the functions of the office or post.
10
In this regulation —
a
appointment to an office or post does not include election to an office or post;
b
“political office” means —
i
any office of the House of Commons held by a member of it,
ii
a life peerage within the meaning of the Life Peerages Act 1958 , or any office of the House of Lords held by a member of it,
iii
any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 ,
iv
the offices of Leader of the Opposition, Chief Opposition Whip or Assistant Opposition Whip within the meaning of the Ministerial and other Salaries Act 1975 ,
v
any office of the Scottish Parliament held by a member of it,
vi
a member of the Scottish Executive within the meaning of section 44 of the Scotland Act 1998 , or a junior Scottish Minister within the meaning of section 49 of that Act,
vii
any office of the National Assembly for Wales held by a member of it,
viii
in England, any office of a county council, a London borough council, a district council, or a parish council held by a member of it,
ix
in Wales, any office of a county council, a county borough council, or a community council held by a member of it,
x
in relation to a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 or a community council established under section 51 of the Local Government (Scotland) Act 1973 , any office of such a council held by a member of it,
xi
any office of the Greater London Authority held by a member of it,
xii
any office of the Common Council of the City of London held by a member of it,
xiii
any office of the Council of the Isles of Scilly held by a member of it,
xiv
any office of a political party;
c
“relevant person”, in relation to an office or post, means —
i
any person with power to make or terminate appointments to the office or post, or to determine the terms of appointment,
ii
any person with power to determine the working conditions of a person appointed to the office or post in relation to opportunities for promotion, a transfer, training or for receiving any other benefit, and
iii
any person or body referred to in paragraph (8)(b) on whose recommendation or subject to whose approval appointments are made to the office or post;
d
references to making a recommendation include references to making a negative recommendation; and
e
references to refusal include references to deliberate omission.
Police
11
1
For the purposes of this Part, the holding of the office of constable shall be treated as employment —
a
by the chief officer of police as respects any act done by him in relation to a constable or that office;
b
by the police authority as respects any act done by it in relation to a constable or that office.
2
For the purposes of regulation 22 (liability of employers and principals) —
a
the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and
b
anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
3
There shall be paid out of the police fund —
a
any compensation, costs or expenses awarded against a chief officer of police in any proceedings brought against him under these Regulations, and any costs or expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and
b
any sum required by a chief officer of police for the settlement of any claim made against him under these Regulations if the settlement is approved by the police authority.
4
Any proceedings under these Regulations which, by virtue of paragraph (1), would lie against a chief officer of police shall be brought against the chief officer of police for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of that office; and references in paragraph (3) to the chief officer of police shall be construed accordingly.
5
A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund —
a
any compensation, costs or expenses awarded in proceedings under these Regulations against a person under the direction and control of the chief officer of police;
b
any costs or expenses incurred and not recovered by such a person in such proceedings; and
c
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
6
Paragraphs (1) and (2) apply to a police cadet and appointment as a police cadet as they apply to a constable and the office of constable.
7
Subject to paragraph (8), in this regulation —
“chief officer of police” —
in relation to a person appointed, or an appointment falling to be made, under a specified Act , has the same meaning as in the Police Act 1996 ,
in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 (police members of the National Criminal Intelligence Service and the National Crime Squad) means the Director General of the National Criminal Intelligence Service or, as the case may be, the Director General of the National Crime Squad,
in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967 , means the chief constable of the relevant police force,
in relation to any other person or appointment means the officer or other person who has the direction and control of the body of constables or cadets in question;
“police authority” —
in relation to a person appointed, or an appointment falling to be made, under a specified Act, has the same meaning as in the Police Act 1996,
in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997, means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,
in relation to a person appointed, or an appointment falling to be made, under the Police (Scotland) Act 1967, has the meaning given in that Act,
in relation to any other person or appointment, means the authority by whom the person in question is or on appointment would be paid;
“police cadet” means any person appointed to undergo training with a view to becoming a constable;
“police fund” —
in relation to a chief officer of police within sub-paragraph (a) of the above definition of that term, has the same meaning as in the Police Act 1996,
in relation to a chief officer of police within sub-paragraph (b) of that definition, means the service fund established under section 16 or (as the case may be) section 61 of the Police Act 1997,
in any other case means money provided by the police authority; and
“specified Act” means the Metropolitan Police Act 1829 , the City of London Police Act 1839 or the Police Act 1996.
8
In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this regulation to the chief officer of police are references to the chief officer of the force under whose direction and control he is, and references in this regulation to the police authority are references to the relevant police authority for that force.
Barristers
12
1
It is unlawful for a barrister or barrister’s clerk, in relation to any offer of a pupillage or tenancy, to discriminate against a person —
a
in the arrangements which are made for the purpose of determining to whom the pupillage or tenancy should be offered;
b
in respect of any terms on which it is offered; or
c
by refusing, or deliberately not offering, it to him.
2
It is unlawful for a barrister or barrister’s clerk, in relation to a pupil or tenant in the set of chambers in question, to discriminate against him —
a
in respect of any terms applicable to him as a pupil or tenant;
b
in the opportunities for training, or gaining experience, which are afforded or denied to him;
c
in the benefits which are afforded or denied to him; or
d
by terminating his pupillage, or by subjecting him to any pressure to leave the chambers or other detriment.
3
It is unlawful for a barrister or barrister’s clerk, in relation to a pupillage or tenancy in the set of chambers in question, to subject to harassment a person who is, or has applied to be, a pupil or tenant.
4
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to a barrister, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
5
In this regulation —
“barrister’s clerk” includes any person carrying out any of the functions of a barrister’s clerk;
“pupil”, “pupillage” and “set of chambers” have the meanings commonly associated with their use in the context of barristers practising in independent practice; and
“tenancy” and “tenant” have the meanings commonly associated with their use in the context of barristers practising in independent practice, but also include reference to any barrister permitted to work in a set of chambers who is not a tenant.
6
This regulation extends to England and Wales only.
Advocates
13
1
It is unlawful for an advocate, in relation to taking any person as his pupil, to discriminate against a person —
a
in the arrangements which he makes for the purpose of determining whom he will take as his pupil;
b
in respect of any terms on which he offers to take any person as his pupil; or
c
by refusing to take, or deliberately not taking, a person as his pupil.
2
It is unlawful for an advocate, in relation to a person who is his pupil, to discriminate against him —
a
in respect of any terms applicable to him as a pupil;
b
in the opportunities for training, or gaining experience, which are afforded or denied to him;
c
in the benefits which are afforded or denied to him; or
d
by terminating the relationship, or by subjecting him to any pressure to terminate the relationship or other detriment.
3
It is unlawful for an advocate, in relation to a person who is his pupil or taking any person as his pupil, to subject such a person to harassment.
4
It is unlawful for any person, in relation to the giving, withholding or acceptance of instructions to an advocate, to discriminate against any person by subjecting him to a detriment, or to subject him to harassment.
5
In this regulation —
“advocate” means a member of the Faculty of Advocates practising as such; and
“pupil” has the meaning commonly associated with its use in the context of a person training to be an advocate.
6
This regulation extends to Scotland only.
Partnerships
14
1
It is unlawful for a firm, in relation to a position as partner in the firm, to discriminate against a person —
a
in the arrangements they make for the purpose of determining to whom they should offer that position;
b
in the terms on which they offer him that position;
c
by refusing to offer, or deliberately not offering, him that position; or
d
in a case where the person already holds that position —
i
in the way they afford him access to any benefits or by refusing to afford, or deliberately not affording, him access to them, or
ii
by expelling him from that position, or subjecting him to any other detriment.
2
It is unlawful for a firm, in relation to a position as partner in the firm, to subject to harassment a person who holds or has applied for that position.
3
Paragraphs (1)(a) to (c) and (2) apply in relation to persons proposing to form themselves into a partnership as they apply in relation to a firm.
4
Paragraph (1) does not apply to any act in relation to a position as partner where, if the position were employment, that act would be lawful by virtue of regulation 7 (exception for genuine occupational requirement etc).
5
In the case of a limited partnership references in this regulation to a partner shall be construed as references to a general partner as defined in section 3 of the Limited Partnerships Act 1907 .
6
This regulation applies to a limited liability partnership as it applies to a firm; and, in its application to a limited liability partnership, references to a partner in a firm are references to a member of the limited liability partnership.
7
In this regulation, “firm” has the meaning given by section 4 of the Partnership Act 1890 .
8
In paragraph (1)(d) reference to the expulsion of a person from a position as partner includes reference —
a
to the termination of that person’s partnership by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the partnership is renewed on the same terms; and
b
to the termination of that person’s partnership by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the other partners.
Trade organisations
15
1
It is unlawful for a trade organisation to discriminate against a person —
a
in the terms on which it is prepared to admit him to membership of the organisation; or
b
by refusing to accept, or deliberately not accepting, his application for membership.
2
It is unlawful for a trade organisation, in relation to a member of the organisation, to discriminate against him —
a
in the way it affords him access to any benefits or by refusing or deliberately omitting to afford him access to them;
b
by depriving him of membership, or varying the terms on which he is a member; or
c
by subjecting him to any other detriment.
3
It is unlawful for a trade organisation, in relation to a person’s membership or application for membership of that organisation, to subject that person to harassment.
4
In this regulation —
“trade organisation” means an organisation of workers, an organisation of employers, or any other organisation whose members carry on a particular profession or trade for the purposes of which the organisation exists;
“profession” includes any vocation or occupation; and
“trade” includes any business.
Qualifications bodies
16
1
It is unlawful for a qualifications body to discriminate against a person —
a
in the terms on which it is prepared to confer a professional or trade qualification on him;
b
by refusing or deliberately not granting any application by him for such a qualification; or
c
by withdrawing such a qualification from him or varying the terms on which he holds it.
2
It is unlawful for a qualifications body, in relation to a professional or trade qualification conferred by it, to subject to harassment a person who holds or applies for such a qualification.
3
Paragraph (1) does not apply to a professional or trade qualification for purposes of an organised religion where a requirement related to sexual orientation is applied to the qualification so as to comply with the doctrines of the religion or avoid conflicting with the strongly held religious convictions of a significant number of the religion’s followers.
4
In this regulation —
“qualifications body” means any authority or body which can confer a professional or trade qualification, but it does not include —
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or
a school;
“confer” includes renew or extend;
“professional or trade qualification” means any authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular profession or trade;
“profession” and “trade” have the same meaning as in regulation 15.
Providers of vocational training
17
1
It is unlawful, in relation to a person seeking or undergoing training which would help fit him for any employment, for any training provider to discriminate against him —
a
in the terms on which the training provider affords him access to any training;
b
by refusing or deliberately not affording him such access;
c
by terminating his training; or
d
by subjecting him to any other detriment during his training.
2
It is unlawful for a training provider, in relation to a person seeking or undergoing training which would help fit him for any employment, to subject him to harassment.
3
Paragraph (1) does not apply if the discrimination only concerns training for employment which, by virtue of regulation 7 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person seeking training.
4
In this regulation —
“training” includes —
facilities for training; and
practical work experience provided by an employer to a person whom he does not employ;
“training provider” means any person who provides, or makes arrangements for the provision of, training which would help fit another person for any employment, but it does not include —
an employer in relation to training for persons employed by him;
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations; or
a school.
Employment agencies, careers guidance etc
18
1
It is unlawful for an employment agency to discriminate against a person —
a
in the terms on which the agency offers to provide any of its services;
b
by refusing or deliberately not providing any of its services; or
c
in the way it provides any of its services.
2
It is unlawful for an employment agency, in relation to a person to whom it provides its services, or who has requested it to provide its services, to subject that person to harassment.
3
Paragraph (1) does not apply to discrimination if it only concerns employment which, by virtue of regulation 7 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person in question.
4
An employment agency shall not be subject to any liability under this regulation if it proves that —
a
it acted in reliance on a statement made to it by the employer to the effect that, by reason of the operation of paragraph (3), its action would not be unlawful, and
b
it was reasonable for it to rely on the statement.
5
A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
For the purposes of this regulation —
a
“employment agency” means a person who, for profit or not, provides services for the purpose of finding employment for workers or supplying employers with workers, but it does not include —
i
an educational establishment to which regulation 20 (institutions of further and higher education) applies, or would apply but for the operation of any other provision of these Regulations, or
ii
a school; and
b
references to the services of an employment agency include guidance on careers and any other services related to employment.
Assisting persons to obtain employment etc
19
1
It is unlawful for the Secretary of State to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under section 2 of the Employment and Training Act 1973 (arrangements for assisting persons to obtain employment).
2
It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate against any person by subjecting him to a detriment, or to subject a person to harassment, in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of the said Act of 1973).
3
This regulation does not apply in a case where —
a
regulation 17 (providers of vocational training) applies, or would apply but for the operation of any other provision of these Regulations, or
b
the Secretary of State is acting as an employment agency within the meaning of regulation 18.
Institutions of further and higher education
20
1
It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to discriminate against a person —
a
in the terms on which it offers to admit him to the establishment as a student;
b
by refusing or deliberately not accepting an application for his admission to the establishment as a student; or
c
where he is a student of the establishment —
i
in the way it affords him access to any benefits,
ii
by refusing or deliberately not affording him access to them, or
iii
by excluding him from the establishment or subjecting him to any other detriment.
2
It is unlawful, in relation to an educational establishment to which this regulation applies, for the governing body of that establishment to subject to harassment a person who is a student at the establishment, or who has applied for admission to the establishment as a student.
3
Paragraph (1) does not apply if the discrimination only concerns training which would help fit a person for employment which, by virtue of regulation 7 (exception for genuine occupational requirement etc), the employer could lawfully refuse to offer the person in question.
4
This regulation applies to the following educational establishments in England and Wales, namely —
a
an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992 );
b
a university;
c
an institution, other than a university, within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).
5
This regulation applies to the following educational establishments in Scotland, namely —
a
a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 under the management of a board of management within the meaning of Part I of that Act;
b
a college of further education maintained by an education authority in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980 ;
c
any other educational establishment (not being a school) which provides further education within the meaning of section 1 of the Further and Higher Education (Scotland) Act 1992;
d
an institution within the higher education sector (within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992);
e
a central institution (within the meaning of section 135 of the Education (Scotland) Act 1980).
6
In this regulation —
“education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980;
“governing body” includes —
the board of management of a college referred to in paragraph (5)(a), and
the managers of a college or institution referred to in paragraph (5)(b) or (e);
“student” means any person who receives education at an educational establishment to which this regulation applies; and
“university” includes a university college and the college, school or hall of a university.
Relationships which have come to an end
21
1
In this regulation a “relevant relationship” is a relationship during the course of which an act of discrimination against, or harassment of, one party to the relationship (“B”) by the other party to it (“A”) is unlawful by virtue of any preceding provision of this Part.
2
Where a relevant relationship has come to an end, it is unlawful for A —
a
to discriminate against B by subjecting him to a detriment; or
b
to subject B to harassment,
where the discrimination or harassment arises out of and is closely connected to that relationship.
3
In paragraph (1), reference to an act of discrimination or harassment which is unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, be unlawful.
PART III
OTHER UNLAWFUL ACTS
Liability of employers and principals
22
1
Anything done by a person in the course of his employment shall be treated for the purposes of these Regulations as done by his employer as well as by him, whether or not it was done with the employer’s knowledge or approval.
2
Anything done by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of these Regulations as done by that other person as well as by him.
3
In proceedings brought under these Regulations against any person in respect of an act alleged to have been done by an employee of his it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from doing that act, or from doing in the course of his employment acts of that description.
Aiding unlawful acts
23
1
A person who knowingly aids another person to do an act made unlawful by these Regulations shall be treated for the purpose of these Regulations as himself doing an unlawful act of the like description.
2
For the purposes of paragraph (1) an employee or agent for whose act the employer or principal is liable under regulation 22 (or would be so liable but for regulation 22(3)) shall be deemed to aid the doing of the act by the employer or principal.
3
A person does not under this regulation knowingly aid another to do an unlawful act if —
a
he acts in reliance on a statement made to him by that other person that, by reason of any provision of these Regulations, the act which he aids would not be unlawful; and
b
it is reasonable for him to rely on the statement.
4
A person who knowingly or recklessly makes a statement such as is referred to in paragraph (3)(a) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART IV
GENERAL EXCEPTIONS FROM PARTS II AND III
Exception for national security
24
Nothing in Part II or III shall render unlawful an act done for the purpose of safeguarding national security, if the doing of the act was justified by that purpose.
Exception for benefits dependent on marital status
25
Nothing in Part II or III shall render unlawful anything which prevents or restricts access to a benefit by reference to marital status.
Exceptions for positive action
26
1
Nothing in Part II or III shall render unlawful any act done in or in connection with —
a
affording persons of a particular sexual orientation access to facilities for training which would help fit them for particular work; or
b
encouraging persons of a particular sexual orientation to take advantage of opportunities for doing particular work,
where it reasonably appears to the person doing the act that it prevents or compensates for disadvantages linked to sexual orientation suffered by persons of that sexual orientation doing that work or likely to take up that work.
2
Nothing in Part II or III shall render unlawful any act done by a trade organisation within the meaning of regulation 15 in or in connection with —
a
affording only members of the organisation who are of a particular sexual orientation access to facilities for training which would help fit them for holding a post of any kind in the organisation; or
b
encouraging only members of the organisation who are of a particular sexual orientation to take advantage of opportunities for holding such posts in the organisation,
where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to sexual orientation suffered by those of that sexual orientation holding such posts or likely to hold such posts.
3
Nothing in Part II or III shall render unlawful any act done by a trade organisation within the meaning of regulation 15 in or in connection with encouraging only persons of a particular sexual orientation to become members of the organisation where it reasonably appears to the organisation that the act prevents or compensates for disadvantages linked to sexual orientation suffered by persons of that sexual orientation who are, or are eligible to become, members.
PART V
ENFORCEMENT
Restriction of proceedings for breach of Regulations
27
1
Except as provided by these Regulations no proceedings, whether civil or criminal, shall lie against any person in respect of an act by reason that the act is unlawful by virtue of a provision of these Regulations.
2
Paragraph (1) does not prevent the making of an application for judicial review.
Jurisdiction of employment tribunals
28
1
A complaint by any person (“the complainant”) that another person (“the respondent”) —
a
has committed against the complainant an act to which this regulation applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act,
may be presented to an employment tribunal.
2
This regulation applies to any act of discrimination or harassment which is unlawful by virtue of any provision of Part II other than —
a
where the act is one in respect of which an appeal or proceedings in the nature of an appeal may be brought under any enactment, regulation 16 (qualifications bodies);
b
regulation 20 (institutions of further and higher education); or
c
where the act arises out of and is closely connected to a relationship between the complainant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the complainant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).
3
In paragraph (2)(c), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
4
In this regulation, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Burden of proof: employment tribunals
29
1
This regulation applies to any complaint presented under regulation 28 to an employment tribunal.
2
Where, on the hearing of the complaint, the complainant proves facts from which the tribunal could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent —
a
has committed against the complainant an act to which regulation 28 applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the complainant such an act,
the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Remedies on complaints in employment tribunals
30
1
Where an employment tribunal finds that a complaint presented to it under regulation 28 is well-founded, the tribunal shall make such of the following as it considers just and equitable —
a
an order declaring the rights of the complainant and the respondent in relation to the act to which the complaint relates;
b
an order requiring the respondent to pay to the complainant compensation of an amount corresponding to any damages he could have been ordered by a county court or by a sheriff court to pay to the complainant if the complaint had fallen to be dealt with under regulation 31 (jurisdiction of county and sheriff courts);
c
a recommendation that the respondent take within a specified period action appearing to the tribunal to be practicable for the purpose of obviating or reducing the adverse effect on the complainant of any act of discrimination or harassment to which the complaint relates.
2
As respects an unlawful act of discrimination falling within regulation 3(1)(b), if the respondent proves that the provision, criterion or practice was not applied with the intention of treating the complainant unfavourably on grounds of sexual orientation, an order may be made under paragraph (1)(b) only if the employment tribunal —
a
makes such order under paragraph (1)(a) (if any) and such recommendation under paragraph (1)(c) (if any) as it would have made if it had no power to make an order under paragraph (1)(b); and
b
(where it makes an order under paragraph (1)(a) or a recommendation under paragraph (1)(c) or both) considers that it is just and equitable to make an order under paragraph (1)(b) as well.
3
If without reasonable justification the respondent to a complaint fails to comply with a recommendation made by an employment tribunal under paragraph (1)(c), then, if it thinks it just and equitable to do so —
a
the tribunal may increase the amount of compensation required to be paid to the complainant in respect of the complaint by an order made under paragraph (1)(b); or
b
if an order under paragraph (1)(b) was not made, the tribunal may make such an order.
4
Where an amount of compensation falls to be awarded under paragraph (1)(b), the tribunal may include in the award interest on that amount subject to, and in accordance with, the provisions of the Employment Tribunals (Interest on Awards in Discrimination Cases) Regulations 1996 .
Jurisdiction of county and sheriff courts
31
1
A claim by any person (“the claimant”) that another person (“the respondent”) —
a
has committed against the claimant an act to which this regulation applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
may be made the subject of civil proceedings in like manner as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.
2
Proceedings brought under paragraph (1) shall —
a
in England and Wales, be brought only in a county court; and
b
in Scotland, be brought only in a sheriff court.
3
For the avoidance of doubt it is hereby declared that damages in respect of an unlawful act to which this regulation applies may include compensation for injury to feelings whether or not they include compensation under any other head.
4
This regulation applies to any act of discrimination or harassment which is unlawful by virtue of —
a
regulation 20 (institutions of further and higher education); or
b
where the act arises out of and is closely connected to a relationship between the claimant and the respondent which has come to an end but during the course of which an act of discrimination against, or harassment of, the claimant by the respondent would have been unlawful by virtue of regulation 20, regulation 21 (relationships which have come to an end).
5
In paragraph (4)(b), reference to an act of discrimination or harassment which would have been unlawful includes, in the case of a relationship which has come to an end before the coming into force of these Regulations, reference to an act of discrimination or harassment which would, after the coming into force of these Regulations, have been unlawful.
Burden of proof: county and sheriff courts
32
1
This regulation applies to any claim brought under regulation 31 in a county court in England and Wales or a sheriff court in Scotland.
2
Where, on the hearing of the claim, the claimant proves facts from which the court could, apart from this regulation, conclude in the absence of an adequate explanation that the respondent —
a
has committed against the claimant an act to which regulation 31 applies; or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against the claimant such an act,
the court shall uphold the claim unless the respondent proves that he did not commit, or as the case may be, is not to be treated as having committed, that act.
Help for persons in obtaining information etc
33
1
In accordance with this regulation, a person (“the person aggrieved”) who considers he may have been discriminated against, or subjected to harassment, in contravention of these Regulations may serve on the respondent to a complaint presented under regulation 28 (jurisdiction of employment tribunals) or a claim brought under regulation 31 (jurisdiction of county and sheriff courts) questions in the form set out in Schedule 2 or forms to the like effect with such variation as the circumstances require; and the respondent may if he so wishes reply to such questions by way of the form set out in Schedule 3 or forms to the like effect with such variation as the circumstances require.
2
Where the person aggrieved questions the respondent (whether in accordance with paragraph (1) or not) —
a
the questions, and any reply by the respondent (whether in accordance with paragraph (1) or not) shall, subject to the following provisions of this regulation, be admissible as evidence in the proceedings;
b
if it appears to the court or tribunal that the respondent deliberately, and without reasonable excuse, omitted to reply within eight weeks of service of the questions or that his reply is evasive or equivocal, the court or tribunal may draw any inference from that fact that it considers it just and equitable to draw, including an inference that he committed an unlawful act.
3
In proceedings before a county court in England or Wales or a sheriff court in Scotland, a question shall only be admissible as evidence in pursuance of paragraph (2)(a) —
a
where it was served before those proceedings had been instituted, if it was so served within the period of six months beginning when the act complained of was done;
b
where it was served when those proceedings had been instituted, if it was served with the leave of, and within a period specified by, the court in question.
4
In proceedings before an employment tribunal, a question shall only be admissible as evidence in pursuance of paragraph (2)(a) —
a
where it was served before a complaint had been presented to the tribunal, if it was so served within the period of three months beginning when the act complained of was done;
b
where it was served when a complaint had been presented to the tribunal, either —
i
if it was so served within the period of twenty-one days beginning with the day on which the complaint was presented, or
ii
if it was so served later with leave given, and within a period specified, by a direction of the tribunal.
5
A question and any reply thereto may be served on the respondent or, as the case may be, on the person aggrieved —
a
by delivering it to him;
b
by sending it by post to him at his usual or last-known residence or place of business;
c
where the person to be served is a body corporate or is a trade union or employers' association within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992 , by delivering it to the secretary or clerk of the body, union or association at its registered or principal office or by sending it by post to the secretary or clerk at that office;
d
where the person to be served is acting by a solicitor, by delivering it at, or by sending it by post to, the solicitor’s address for service; or
e
where the person to be served is the person aggrieved, by delivering the reply, or sending it by post, to him at his address for reply as stated by him in the document containing the questions.
6
This regulation is without prejudice to any other enactment or rule of law regulating interlocutory and preliminary matters in proceedings before a county court, sheriff court or employment tribunal, and has effect subject to any enactment or rule of law regulating the admissibility of evidence in such proceedings.
7
In this regulation “respondent” includes a prospective respondent.
Period within which proceedings to be brought
34
1
An employment tribunal shall not consider a complaint under regulation 28 unless it is presented to the tribunal before the end of —
a
the period of three months beginning when the act complained of was done; or
b
in a case to which regulation 36(7) (armed forces) applies, the period of six months so beginning.
2
A county court or a sheriff court shall not consider a claim brought under regulation 31 unless proceedings in respect of the claim are instituted before the end of the period of six months beginning when the act complained of was done.
3
A court or tribunal may nevertheless consider any such complaint or claim which is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.
4
For the purposes of this regulation and regulation 33 (help for persons in obtaining information etc) —
a
when the making of a contract is, by reason of the inclusion of any term, an unlawful act, that act shall be treated as extending throughout the duration of the contract; and
b
any act extending over a period shall be treated as done at the end of that period; and
c
a deliberate omission shall be treated as done when the person in question decided upon it,
and in the absence of evidence establishing the contrary a person shall be taken for the purposes of this regulation to decide upon an omission when he does an act inconsistent with doing the omitted act or, if he has done no such inconsistent act, when the period expires within which he might reasonably have been expected to do the omitted act if it was to be done.
PART VI
SUPPLEMENTAL
Validity of contracts, collective agreements and rules of undertakings
35
Schedule 4 (validity of contracts, collective agreements and rules of undertakings) shall have effect.
Application to the Crown etc
36
1
These Regulations apply —
a
to an act done by or for purposes of a Minister of the Crown or government department; or
b
to an act done on behalf of the Crown by a statutory body, or a person holding a statutory office,
as they apply to an act done by a private person.
2
These Regulations apply to —
a
service for purposes of a Minister of the Crown or government department, other than service of a person holding a statutory office;
b
service on behalf of the Crown for purposes of a person holding a statutory office or purposes of a statutory body; or
c
service in the armed forces,
as they apply to employment by a private person, and shall so apply as if references to a contract of employment included references to the terms of service.
3
Paragraphs (1) and (2) have effect subject to regulation 11 (police).
4
Regulation 9(3) (meaning of employment and contract work at establishment in Great Britain) shall have effect in relation to any ship, aircraft or hovercraft belonging to or possessed by Her Majesty in right of the government of the United Kingdom as it has effect in relation to a ship, aircraft or hovercraft specified in regulation 9(3)(a) or (b).
5
The provisions of Parts II to IV of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in England and Wales which by virtue of section 23 of that Act are treated for the purposes of Part II of that Act as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations section 20 of that Act (removal of proceedings from county court to High Court) shall not apply.
6
The provisions of Part V of the Crown Proceedings Act 1947 shall apply to proceedings against the Crown under these Regulations as they apply to proceedings in Scotland which by virtue of the said Part are treated as civil proceedings by or against the Crown, except that in their application to proceedings under these Regulations the proviso to section 44 of that Act (removal of proceedings from the sheriff court to the Court of Session) shall not apply.
7
This paragraph applies to any complaint by a person (“the complainant”) that another person —
a
has committed an act of discrimination or harassment against the complainant which is unlawful by virtue of regulation 6 (applicants and employees); or
b
is by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed such an act of discrimination or harassment against the complainant,
if at the time when the act complained of was done the complainant was serving in the armed forces and the discrimination or harassment in question relates to his service in those forces.
8
A complainant may present a complaint to which paragraph (7) applies to an employment tribunal under regulation 28 only if —
a
he has made a complaint in respect of the same matter to an officer under the service redress procedures applicable to him; and
b
that complaint has not been withdrawn.
9
For the purpose of paragraph (8)(b), a complainant shall be treated as having withdrawn his complaint if, having made a complaint to an officer under the service redress procedures applicable to him, he fails to submit that complaint to the Defence Council under those procedures.
10
Where a complaint is presented to an employment tribunal under regulation 28 by virtue of paragraph (8), the service redress procedures may continue after the complaint is so presented.
11
In this regulation —
“armed forces” means any of the naval, military or air forces of the Crown;
“service for purposes of a Minister of the Crown or government department” does not include service in any office mentioned in Schedule 2 (Ministerial offices) to the House of Commons Disqualification Act 1975 ;
“the service redress procedures” means the procedures, excluding those which relate to the making of a report on a complaint to Her Majesty, referred to in section 180 of the Army Act 1955 , section 180 of the Air Force Act 1955 and section 130 of the Naval Discipline Act 1957 ; and
“statutory body” means a body set up by or in pursuance of an enactment, and “statutory office” means an office so set up.
Application to House of Commons staff
37
1
These Regulations apply to an act done by an employer of a relevant member of the House of Commons staff, and to service as such a member, as they apply to an act done by and to service for purposes of a Minister of the Crown or government department, and accordingly apply as if references to a contract of employment included references to the terms of service of such a member.
2
In this regulation “relevant member of the House of Commons staff” means any person —
a
who was appointed by the House of Commons Commission; or
b
who is a member of the Speaker’s personal staff,
and subsections (6) to (12) of section 195 of the Employment Rights Act 1996 (person to be treated as employer of House of Commons staff) apply, with any necessary modifications, for the purposes of these Regulations.
Application to House of Lords staff
38
1
These Regulations apply in relation to employment as a relevant member of the House of Lords staff as they apply in relation to other employment.
2
In this regulation “relevant member of the House of Lords staff” means any person who is employed under a contract of employment with the Corporate Officer of the House of Lords, and section 194(7) of the Employment Rights Act 1996 (continuity of employment) applies for the purposes of this regulation.
Amendments to legislation
39
Schedule 5 (amendments to legislation) shall have effect.
Jacqui Smith,
Minister of State, for Industry and the Regions and Deputy Minister for Women and Equality,
Department of Trade and Industry
26th June 2003


text:
Title, commencement, application and extension of definitions
1
1
This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) (No. 3) Order 2003; it applies in England and comes into force on 1st August 2003.
2
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definitions of animals and poultry in subsections (1) and (4) of section 87 of that Act are extended so as to comprise all mammals except man and all birds; and
b
the definitions of disease in subsections (1) and (3) of section 88 of that Act are extended so as to comprise all diseases of animals and poultry.
Interpretation
2
1
In this Order —
“animal” includes bird;
“means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it;
“equipment” means any equipment carried with a means of transport for use with animals;
“sale premises” means premises licensed under the Animal Gatherings (England) Order 2003 for the purpose of sale; and
“slaughterhouse” means any building, premises or place (other than a farmed game handling facility) for slaughtering animals the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there.
2
Any notice or approval served under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Cleansing and disinfection in relation to the transport of hoofed animals and poultry
3
1
This article shall apply in relation to the transport of —
a
hoofed animals, other than horses;
b
racing pigeons; and
c
the following, if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game: domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites,
and references in this article to “animal” shall be construed accordingly.
2
In the circumstances set out in Schedule 1, the requirements of article 4 shall apply instead of the requirements of this article.
3
The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 2 or (in the case of a container) destroyed.
4
No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.
5
If a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been again cleansed and disinfected in accordance with paragraphs 1, 3 and 4 of Schedule 2.
6
Any person transporting animals shall remove any animals that die during transport, and any soiled litter and excreta from the means of transport, as soon as practicable.
Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances
4
1
This article shall apply in relation to the transport of —
a
all mammals other than hoofed animals;
b
all birds not included in article 3; and
c
animals and birds specified in article 3 in the circumstances specified in Schedule 1,
and references to “animal” in this article shall be construed accordingly.
2
This article shall not apply in the case of —
a
transport which is not of a commercial nature;
b
an individual animal accompanied by a person having responsibility for the animal during transport; or
c
the transport of pet animals accompanying their owner on a private journey.
3
Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that —
a
they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected; and
b
any animals that die during transport, and any soiled litter and excreta are removed as soon as practicable.
4
Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Cleansing and disinfection in relation to the transport of horses
5
1
Any person transporting, or causing or permitting the transport of, horses shall ensure that —
a
they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected; and
b
any horses that die during transport, and any soiled litter and excreta are removed as soon as practicable.
2
This article shall not apply in the circumstances set out in article 4(2) unless the means of transport was last used to transport an animal to which article 3 applies.
3
No person shall use, or cause or permit the use of, any means of transport to transport any animal to which article 3 applies unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport a horse.
4
Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Drivers' cabs
6
Nothing in this Order shall require the use of disinfectant inside the driver’s cab of any means of transport.
Disposal of material after cleansing
7
1
The person responsible for cleansing the means of transport and any equipment under this Order shall ensure that all feedingstuffs to which animals have had access, litter, excreta and other material of animal origin, and other contaminants removed from the means of transport are —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals have no access to it.
2
This article shall not apply to any material required to be disposed of under the Animal By-Products Regulations 2003 .
Means of transport leaving a slaughterhouse or sale premises
8
1
If a means of transport —
a
has been used to transport any animal to which article 3 applies to a slaughterhouse or to a sale premises; and
b
is to leave the slaughterhouse or sale premises not carrying any animals and without having been cleansed and disinfected,
the driver shall, before leaving the premises, give a written declaration to the occupier of the slaughterhouse, or the licensee of the sale premises, specifying where the cleansing and disinfection in accordance with article 3(3) shall take place.
2
The occupier or licensee shall —
a
supply the driver with the form of declaration which shall be in a form approved by the Secretary of State;
b
send the completed declarations to the local authority by fax or other means agreed with the local authority on the same day that he receives them; and
c
keep the original declarations for three months and during that period produce them to an inspector on request.
Powers of inspectors, etc.
9
1
Where an inspector is satisfied that a means of transport or any equipment either —
a
has not been cleansed and disinfected in accordance with this Order; or
b
needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,
he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.
2
A notice served under the preceding paragraph may —
a
prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;
b
prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected;
c
require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or
d
require the person on whom the notice is served to dispose of all feedingstuffs to which animals have had access, litter, excreta and other material of animal origin in the way set out in the notice.
3
If a notice is served under the preceding paragraph, the cleansing and disinfection shall be carried out in accordance with Schedule 2 unless the notice specifies a different method of cleansing and disinfection.
4
An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3, 4 or 5 requiring him to carry out the cleansing and disinfection as specified in the notice instead of in accordance with Schedule 2 if he is satisfied that this is necessary for animal health purposes.
5
Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.
Enforcement
10
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations and amendments
11
The Transport of Animals (Cleansing and Disinfection) (England) (No. 2) Order 2003 is revoked .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th July 2003