text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“the 1977 Act ” means the National Health Service Act 1977 ;
“chairman” means, unless the context otherwise requires, the chairman of the Commission;
“the health service” has the same meaning as in the 1977 Act, except that it includes services provided in pursuance of arrangements made in accordance with the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 in relation to the exercise of health-related functions of a local authority;
“health service body” means —
a Strategic Health Authority, Special Health Authority, Primary Care Trust or NHS Trust;
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 Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
the Dental Practice Board constituted under section 37(1) of the 1977 Act;
“member” in relation to the Commission includes the chairman except where the context otherwise requires;
“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 prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the 1977 Act or a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of the 1977 Act .
Number of members
2
1
The Commission shall have a maximum of ten members, excluding the chairman.
2
Subject to regulation 5, those ten members may include a maximum of three persons who are also employees, officers or members of a health service body.
Appointment of members
3
1
The members shall be appointed by the Secretary of State .
2
Subject to paragraph (3) and regulation 7 (termination of tenure of office) a member’s term of office shall be for such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
The term of office of a member appointed on establishment of the Commission shall be for such period, not exceeding three years, as the Secretary of State shall specify on making the appointments.
Appointment of deputy-chairman
4
1
Subject to paragraph (2), the members may appoint one of their number (but not the chairman) to be deputy-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on making the appointment.
2
Any member so appointed may at any time resign from the office of deputy-chairman by giving notice in writing to the chairman.
3
For the purposes of the circumstances where the chairman has died or has ceased to hold office, or where he is unable to perform his functions, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available, be taken to include references to the deputy-chairman.
Disqualification for appointment
5
1
Subject to regulation 6 (cessation of disqualification) a person shall be disqualified for appointment as a member if —
a
he has within the preceding five years been convicted in the United Kingdom of any offence, or convicted elsewhere for 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, otherwise than by reason of redundancy, from any paid employment with a health service body or a body specified in paragraph (4);
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body or a body specified in paragraph (4) has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the body that he should continue to hold office,
ii
it was not in the interests of the health service that he should continue to hold office, or
iii
he failed, without reasonable cause, to attend any meeting of that body for a period of three months or more,
iv
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 1977 Act imposed by the Family Health Services Authority constituted under section 49S of the 1977 Act,
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 1977 Act 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 1977 Act (efficiency cases, fraud cases and unsuitability cases) 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 under section 43ZA of the 1977 Act ,
v
has been removed from a primary care list under section 49F of the 1977 Act, 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 care list under section 49G of the 1977 Act , or
vii
is suspended from a primary care list under section 49I of the 1977 Act 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 1977 Act includes a reference to the provision corresponding to that provision in 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 or control of any body);
h
he is an employee or officer of the Commission;
i
he is a member of a Patients' Forum;
j
he has previously served as a member of the Commission for two terms of office (whether consecutive or not).
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the 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 member or director of a health service body.
4
The bodies referred to in paragraph (1) as specified are —
a
the General Social Care Council ;
b
the Commission for Health Improvement ;
c
the Human Fertilisation and Embryology Authority ;
d
the National Biological Standards Board ;
e
the Public Health Laboratory Service Board ;
f
the National Radiological Protection Board ;
g
the National Care Standards Commission .
Cessation of disqualification
6
1
Where a person is disqualified under regulation 5(1)(b) 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 day of the annulment;
b
if he is discharged, the disqualification shall cease on the day of his discharge.
2
Where a person is disqualified under regulation 5(1)(b) by reason of his having made a composition or arrangement with, or granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the day on which such payment is completed; and
b
in any other case, it shall cease on the fifth anniversary of the day on which the terms of the deed of composition or arrangement, or, as the case may be, of the trust deed, are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 5(1)(c) he may, after the second anniversary of the day 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 second anniversary of the day of the refusal and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 5(1)(d), the disqualification shall cease on the second anniversary of the termination of his tenure of office, or such longer period as may be specified on the termination, 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
7
1
A member may resign his office at any time during his term of office, by giving notice in writing to the Secretary of State.
2
Where an existing member is appointed to be the chairman, his original tenure of office shall terminate when his appointment as chairman takes effect.
3
Where the Secretary of State is of the opinion that it is not in the interests of the Commission or the health service that a member should continue to hold office, he may terminate his tenure of office by giving him notice in writing to that effect.
4
If a member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall terminate that person’s tenure of office, unless he is 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 Commission within such period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be a member, and —
a
it comes to the notice of the Secretary of State that at the time of his appointment he was disqualified under regulation 5, the Secretary of State shall declare that the person in question was not duly appointed and notify him in writing to that effect; or
b
he becomes disqualified for appointment under regulation 5, and notifies (as he should) the Secretary of State; or
c
he becomes disqualified for appointment under regulation 5 and this comes to the attention of the Secretary of State otherwise than by the member’s notification, the Secretary of State shall notify him in writing of such disqualification,
and upon receipt of notification from the member or the Secretary of State, as the case may be, his tenure of office, if any, shall be terminated and he shall cease to act as such a member.
6
If it appears to the Secretary of State that a member has failed to comply with regulation 10(1) (disability on account of pecuniary interest) he may terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of committees and sub-committees
8
1
The Commission may appoint a committee to discharge, or assist it in discharging, its functions.
2
A committee appointed under paragraph (1) may consist wholly or partly of members of the Commission or wholly of persons who are not members of the Commission.
3
A committee appointed under paragraph (1) may, subject to such directions as may be given by the Commission, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Commission) or wholly of persons who are not members of the Commission or the committee.
4
Regulation 5, other than paragraph (1)(h), and regulation 6 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 Commission.
Meetings and proceedings
9
1
The meetings and proceedings of the Commission shall be conducted in accordance with the rules set out in Schedule 1 to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules and to any directions given by the Commission under regulation 8(3) the Commission —
a
shall make, and may vary, suspend or revoke, Standing Orders for the regulation of its proceedings and business; and
b
may make, vary, suspend or revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Commission but, if there are no such relevant Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
3
The proceedings of the Commission shall not be invalidated by any vacancy in its membership or by any defect in a member’s appointment.
Disability of members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if a member has any pecuniary interest, direct or indirect, in any matter and is present at any meeting of the Commission at which the matter is the subject of consideration, he shall at that meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the 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 to be in the interests of the health service that the disability should be removed.
3
The Commission may, by Standing Orders made under regulation 9(2), provide for the exclusion of a member from a meeting of the Commission while any matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to a member by virtue of paragraph 7 of Schedule 6 to the Act (remuneration and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the circumstances in which a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a matter include —
a
if he, or a nominee of his, is a director of a company or other body, not being a public body, which has a direct pecuniary interest in the matter under consideration; or
b
if he is a partner of, or is in the employment of, a person who has a direct pecuniary interest in the matter under consideration,
and in the case of 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 that other.
6
A member shall not be treated as having a pecuniary interest in any 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 matter.
7
Where a member —
a
has an indirect pecuniary interest in a matter by reason only of a beneficial interest in securities of a company or other body;
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;
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; and
d
he has declared his interest,
this regulation shall not prohibit him from taking part in the consideration or discussion of the matter, or from voting on any question with respect to it.
8
This regulation applies to a committee or sub-committee as it applies to the Commission and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Commission) as it applies to a member of the Commission.
9
In this regulation —
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry 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 debentures; 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.
Access to meetings and documents
11
Schedule 2 has effect.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
9th December 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trent Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the Trent Health Authority ;
“the new Trust” means the Derbyshire Mental Health Services National Health Service Trust , the Doncaster and Bassetlaw Hospitals National Health Service Trust , the Lincolnshire Partnership National Health Service Trust , the Nottinghamshire Healthcare National Health Service Trust and the United Lincolnshire Hospitals National Health Service Trust ; as the context requires;
“the trust property” means the property specified in the five schedules of trust property more specifically described in paragraphs (1) to (5) of article 2 of this Order.
Transfer of trust property
2
1
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Derbyshire Mental Health Services National Health Service Trust and signed on behalf of both the old Trust and the Derbyshire Mental Health Services National Health Service Trust on 9th July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Derbyshire Mental Health Services National Health Service Trust.
2
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Doncaster and Bassetlaw Hospitals National Health Service Trust and signed on behalf of the old Trust on 9th July 2002 and on behalf of the Doncaster and Bassetlaw Hospitals National Health Service Trust on 4th July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Doncaster and Bassetlaw Hospitals National Health Service Trust.
3
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Lincolnshire Partnership National Health Service Trust and signed on behalf of the old Trust on 4th July 2002 and on behalf of the Lincolnshire Partnership National Health Service Trust on 28th June 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Lincolnshire Partnership National Health Service Trust.
4
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Nottinghamshire Healthcare National Health Service Trust and signed on behalf of the old Trust on 9th July 2002 and on behalf of the Nottinghamshire Healthcare National Health Service Trust on 3rd July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Nottinghamshire Healthcare National Health Service Trust.
5
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the United Lincolnshire Hospitals National Health Service Trust and signed on behalf of the old Trust on 4th July 2002 and on behalf of the United Lincolnshire Hospitals National Health Service Trust on 28th June 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the United Lincolnshire Hospitals National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002


text:
1
This Order may be cited as the Mackworth College (Dissolution) Order 2002 and shall come into force on 1st March 2002.
2
On 1st March 2002 the Corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Derby College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st March 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st March 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Derby College
Margaret Hodge
Minister of State,
Department for Education and Skills
8th February 2002


text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Somalia (United Nations Sanctions) (Channel Islands) Order 2002 and shall come into force on 24th October 2002.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolutions adopted by it on 23rd January 1992, 19th June 2001 or 22nd July 2002, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in Guernsey and Jersey.
4
Articles 3, 4 and 5 shall apply to any person within the Channel Islands and to any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or Jersey; or
b
a body incorporated or constituted under the law of any part of Guernsey or Jersey.
5
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996, as amended shall be amended as follows —
a
by substituting, in article 2, “prohibited destination” for “prohibited desgination”;
b
by deleting “Somalia or” from
i
the definition of “prohibited destination” in article 2,
ii
article 8(9)(c) and
iii
paragraph 4(c) of the Schedule; and
c
by substituting for the words “Finance and Economics Committee” at each place where they occur, the words “Policy and Resources Committee”.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer”, in the application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972; and “States Revenue Officer”, in the application of this Order to Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any ship, submersible vehicle or aircraft, includes the taking out of Guernsey or, as the case may be, Jersey of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“licensing authority” means —
in the case of Guernsey, the Attorney General for Guernsey; and
in the case of Jersey, the Policy and Resources Committee of the States of Jersey;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 as amended ;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall —
in the application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
in the application of this Order to Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999, as amended;
“the standard scale” means —
in the application of this Order to Guernsey, the uniform scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
“vehicle” means land transport vehicle.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the licensing authority under this article or article 4 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in Somalia shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Somalia.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the licensing authority under this article.
Exportation of restricted goods to Somalia
4
Except under the authority of a licence granted by the licensing authority under this article, restricted goods are prohibited to be exported from any of the Channel Islands to any destination in Somalia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Somalia.
Provision of technical advice, assistance or training relating to military activities
5
Any person who, except under the authority of a licence granted by the licensing authority under this article, directly or indirectly provides to any person in Somalia any
a
technical advice,
b
financial or other assistance, or
c
training,
related to military activities shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the technical advice, financial or other assistance, or training in question was to be provided to a person in Somalia.
Use of ships, aircraft and vehicles: restricted goods
6
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted by the licensing authority under this article, no ship or aircraft to which this article applies, and no vehicle within any of the Channel Islands shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Somalia to any destination therein.
2
This article applies to ships registered in Guernsey or, as the case may be, Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person referred to in article 1(4).
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in Guernsey or, as the case may be, Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in article 1(4), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Somalia to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from Guernsey or, as the case may be, Jersey of the goods concerned to Somalia was authorised by a licence granted by the licensing authority under article 3 or 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
GENERAL
Customs powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of prohibited goods which have been exported from Guernsey or, as the case may be, Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purpose of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Declaration as to goods: power of search
9
1
Any person who is about to leave Guernsey or, as the case may be, Jersey shall, if he is required to do so by the Chief Revenue Officer or a States Revenue Officer —
a
declare whether or not he has with him any restricted goods which are destined for Somalia or for delivery, directly or indirectly, to or to the order of any person in Somalia; and
b
produce such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods, or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence.
Investigation, etc , of suspected ships
10
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in Guernsey or, as the case may be, Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 13(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means a Chief Revenue Officer or a States Revenue Officer or —
a
in the case of Guernsey any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to Guernsey by the Merchant shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 ; and
b
in the case of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
11
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for their or his inspection such documents so relating and such cargo as he may specify; and
c
if the aircraft is then in Guernsey or, as the case may be, Jersey, any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in Guernsey or, as the case may be, Jersey until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 13(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer and, in respect of Jersey, the Airport Director; and
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
12
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in Guernsey or, as the case may be, Jersey has been or is being or is about to be used in contravention of article 6 —
a
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify; and
c
any authorised officer or authorised person may (either there an then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in Guernsey or, as the case may be, Jersey until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 13(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer; and
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 10 to 12
13
1
No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under article 10, 11 or 12 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 1;
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Somalia decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Bailiwick in question, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
2
Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence, that is to say —
a
a master of a ship who disobeys any direction given under article 10(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 10, 11 or 12 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 10, 11 or 12.
4
Nothing in articles 10 to 13 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
14
The provisions of Schedule 2 shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or, in the case of Guernsey the Chief Revenue Officer or, in the case of Jersey, a States Revenue Officer —
a
of evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Bailiwick in question;
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1; and
b
of evidence of the commission of —
i
in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
Investigations by a States Revenue Officer or Chief Revenue Officer
15
Where in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey, a States Revenue Officer, investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended, in relation to Guernsey, and of Article 1(1) of the Customs and Excise (Jersey) Law 1999 as amended, in relation to Jersey.
Penalties and proceedings
16
1
Any person guilty of an offence under article 3, 5 or 6(3) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 8(1) or (2) or article 9(3) of this Order shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 13(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2, shall be liable —
a
in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale or to both.
5
Any person guilty of an offence under article 7 or 9(2) shall be liable —
a
in Guernsey on summary conviction to a fine not exceeding level 5 on the standard scale;
b
in Jersey, on conviction to a fine not exceeding level 4 on the standard scale.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Proceedings against any person for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the licensing authority
17
1
The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order to any person, or class or description of persons, approved by him or it, and reference in this Order to the licensing authority shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the London Service Permits (Appeals) Regulations 2002 and shall come into force on 1st April 2002.
Interpretation
2
In these Regulations —
“appeal” means an appeal under section 189 of the Greater London Authority Act 1999;
“the Panel” means the appeal panel appointed by the Lord Chancellor under section 189 of that Act.
Making of appeal
3
1
An appeal shall be made by serving notice of appeal in writing on the Panel.
2
The notice of appeal shall be signed and dated by or on behalf of the appellant and shall state:
a
the name and address for service of the appellant;
b
the details of the decision against which the appeal is brought; and
c
the grounds for the appeal.
3
At the same time as the appellant serves notice of appeal on the Panel he shall send a copy to Transport for London.
Service of documents
4
1
The notice of appeal and the copy of that notice, may be served by being —
a
delivered by hand to the proper address of the recipient;
b
sent by post to that address; or
c
sent in such other manner as the Panel may accept.
2
For the purposes of paragraph (1) the proper address of the Panel or Transport for London is —
a
their principal office, or
b
(if different) the address which they have specified to the applicant as being the address at which they will accept service for the purpose of these Regulations.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
10th March 2002


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 and shall come into force on 1st January 2003.
2
This Order applies to England only.
3
In this Order “the CFSMS ” means the Counter Fraud and Security Management Service established by this Order.
Establishment of the CFSMS
2
There is hereby established a Special Health Authority which shall be known as the Counter Fraud and Security Management Service.
Functions of the CFSMS
3
Subject to and in accordance with such directions as the Secretary of State may give , the CFSMS shall have responsibility for all policy and operational matters relating to the prevention, detection and investigation of fraud and corruption and the management of security in the National Health Service and shall perform —
a
such functions in connection with countering fraud and corruption and the management of security, and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Service
4
The CFSMS shall consist of —
a
a chairman;
b
not less than five and not more than seven members who are not officers of the CFSMS in addition to the chairman;
c
the persons who for the time being hold the office of Chief Executive and Deputy Chief Executive of the CFSMS; and
d
not less than three and not more than five members who are officers of the CFSMS.
Remuneration of members
5
The CFSMS is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State for Health,
Department of Health
10th December 2002


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


text:
1
This Order may be cited as the Derby Tertiary College-Wilmorton (Dissolution) Order 2002 and shall come into force on 1st March 2002.
2
On 1st March 2002 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Derby College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st March 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st March 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Derby College.
Margaret Hodge
Minister of State,
Department for Education and Skills
8th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thames Valley Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30 September 2002.
2
In this Order —
“the old Trust” means the Thames Valley Health Authority ;
“the new Trust” means the South Buckinghamshire National Health Service Trust , the Stoke Mandeville Hospital National Health Service Trust or the Two Shires Ambulance National Health Service Trust as the context requires;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1) to (3) of article 2 of this Order.
Transfer of trust property
2
1
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the South Buckinghamshire National Health Service Trust and signed on behalf of the old Trust on 5th August 2002 and on behalf of the South Buckinghamshire National Health Service Trust on 31st July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the South Buckinghamshire National Health Service Trust.
2
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Stoke Mandeville Hospital National Health Service Trust and signed on behalf of the old Trust on 5th August 2002 and on behalf of the Stoke Mandeville Hospital National Health Service Trust on 31st July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Stoke Mandeville Hospital National Health Service Trust.
3
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Two Shires Ambulance National Health Service Trust and signed on behalf of the old Trust on 5th August 2002 and on behalf of the Two Shires Ambulance National Health Service Trust on 30th July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Two Shires Ambulance National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002 and shall come into force on 1st April 2002.
2
The code of practice about the identification of persons by police officers (Code D) issued under section 66 of the Police and Criminal Evidence Act 1984 for the time being in force is to be treated as having effect for the period of two years beginning with the date on which this Order comes into force with the modifications set out in the Schedule to this Order.
John Denham
Minister of State
Home Office
3rd March 2002


text:
Title and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2002 and shall come into force on 20th August 2002.
Amendment to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002
2
In Schedule 2 to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002 (import conditions), for the entry contained in Section C of Part I (protective measures — all products) there shall be substituted the following entry —
China
Commission Decision 2002/69/ EC ( OJ No. L30, 31.1.2002, p.50) as amended by Commission Decision 2002/441/EC (OJ No. L151, 11.6.2002, p.16) and Commission Decision 2002/573/EC (OJ No. L181, 11.7.2002, p.21).
.
Revocation of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002
3
The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health.
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
19th August 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (England) Regulations 2002 and shall come into force on 2nd February 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where otherwise indicated and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/69/ EC concerning certain protective measures with regard to the products of animal origin imported from China ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 ;
“relevant product of animal origin” means a product of animal origin falling within either of the following descriptions —
products of animal origin originating in, or consigned from, China, and intended for human consumption, or animal feed use, except for any such product which is of a kind to which the derogation contained in Article 2.2 of the Commission Decision (which is concerned with casings and certain fishery products) applies; and
products which contain any product falling within the description given in paragraph (a) of this definition.
2
Any expression used both in these Regulations and in the Commission Decision has the same meaning in these Regulations as it bears in that Decision.
Disapplication
3
Regulation 4 shall not apply in relation to any relevant product of animal origin to which the derogation contained in Article 3.1 of the Commission Decision (which is concerned with the importation of consignments of products of animal origin which left China prior to 31st January 2002 and arrive in England on or before 13th March 2002) applies.
Prohibition of importation and offence
4
1
Subject to paragraph (2) and regulation 3, no person shall import into England any relevant product of animal origin.
2
Paragraph (1) shall not be taken to prohibit the bringing into England from another member State of the European Community of any relevant product of animal origin which is in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months.
Enforcement
5
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority these Regulations shall be executed and enforced by the food authority within whose area that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned —
a
shall have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders under the Act, and shall also have, in relation to any business producing material for animal feed use, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business; and
b
shall exercise that duty in accordance with Article 4 of the Commission Decision.
4
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application of various provisions of the Act
6
1
The following provisions of the Act shall apply for the purposes of these Regulations and unless the context otherwise requires any reference in them to the Act or Part thereof shall be construed as a reference to these Regulations —
section 20 (offences due to fault of another person);
section 33(1) (obstruction etc. of officers);
section 35(1) (punishment of offences) in so far as it relates to offences
under section 33 as applied by this paragraph; and
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any relevant product of animal origin which —
a
has been sold or is offered or exposed for sale; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that any relevant product of animal origin has been imported into England in contravention of regulation 4(1) of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (England) Regulations 2002.
3
The authorised officer may either —
a
give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it —
i
is not to be used for human consumption or, as the case may be, put to animal feed use, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the product and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the product has not been imported in contravention of regulation 4(1) of the aforesaid Regulations and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the product and remove it in order to have it dealt with by a justice of the peace.
5
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the product of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 4(3) of the aforesaid Regulations might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 4(1) of those Regulations in relation to that product.
6
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any product falling to be dealt with by him under this section has been imported in contravention of regulation 4(1) of the aforesaid Regulations, he shall condemn the product and order —
a
the product to be destroyed or to be so disposed of as to prevent it from being used for human consumption or, as the case may be, put to animal feed use; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the product.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any product falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the product for any depreciation in its value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
.
3
The expressions “food authority”, “port health authority”, “relevant product of animal origin”, “for human consumption” and “animal feed use”, which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
31st January 2002


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 2002 and shall come into force on 26th March 2002.
2
The institutions and bodies referred to in the Schedule are hereby designated as institutions eligible for funding under Part I of the Education Act 1994.
Stephen Timms,
Minister of State,
Department for Education and Skills
4th March 2002