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PART 1 Introduction
Title and commencement
1
These Regulations may be cited as the Veterinary Medicines Regulations 2011 and come into force on 1st October 2011.
Definition of “veterinary medicinal product”, interpretation and scope
2
1
In these Regulations “veterinary medicinal product” means —
a
any substance or combination of substances presented as having properties for treating or preventing disease in animals; or
b
any substance or combination of substances that may be used in, or administered to, animals with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
2
In addition —
“adverse reaction” means a reaction to a veterinary medicinal product that is harmful and unintended and that occurs at doses normally used in animals for the prophylaxis, diagnosis or treatment of disease or to restore, correct or modify a physiological function;
“the Agency” means the European Medicines Agency established by Regulation (EC) No 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“animal” means all animals other than man and includes birds, reptiles, fish, molluscs, crustacea and bees;
“the cascade” has the meaning given in paragraph 1 of Schedule 4;
“ Commission Regulation (EC) No 1234/2008 ” means Commission Regulation (EC) No 1234/2008 concerning the examination of variations to the terms of marketing authorisations for medicinal products for human use and veterinary medicinal products ;
“Commission Regulation ( EU ) No 37/2010” means Commission Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin ;
“extension variation” has the same meaning as “Extension of a marketing authorisation” in Article 2 of Commission Regulation EC No 1234/2008;
“horse passport” means a passport issued in accordance with the provisions of Commission Regulation (EC) No 504/2008 implementing Council Directives 90/426/ EEC and 90/427/EEC as regards methods for the identification of equidae ;
“immunological veterinary medicinal product” means a veterinary medicinal product administered to animals in order to produce active or passive immunity or to diagnose the state of immunity;
“Regulation (EC) No 470/2009 of the European Parliament and of the Council” means Regulation (EC) No 470/2009 of the European Parliament and of the Council laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin ;
“Regulation (EC) No 767/2009 of the European Parliament and of the Council” means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed in relation to feedingstuffs containing specified feed additives ;
“risk-benefit balance” means an evaluation of the positive therapeutic effects of the veterinary medicinal product in relation to —
any risk to human or animal health relating to the quality, safety or efficacy of the veterinary medicinal product; or
any risk of undesirable effects on the environment;
“strength” means the amount of active substances in a dosage unit or unit of volume or weight.
3
In these Regulations references to Types of variation are to those specified in Commission Regulation (EC) No 1234/2008 ;
4
In these Regulations any reference to a member State is a reference to a member State of the European Union and Norway, Iceland and Liechtenstein.
5
For the avoidance of doubt, these Regulations apply to veterinary medicinal products irrespective of whether or not there is other legislation controlling a product.
Products to which these Regulations do not apply
3
1
These Regulations do not apply to a veterinary medicinal product based on radio-active isotopes.
2
They do not apply in relation to a product intended for administration in the course of a procedure licensed under the Animals (Scientific Procedure) Act 1986 , except that, if the animals are to be put into the human food chain, the only products that may be administered to the animals are —
a
authorised veterinary medicinal products administered in accordance with their marketing authorisation, or
b
products administered in accordance with an animal test certificate granted under paragraph 9 of Schedule 4.
PART 2 Authorised veterinary medicinal products
Placing a veterinary medicinal product on the market
4
1
It is an offence to place a veterinary medicinal product on the market unless that product has been granted a marketing authorisation by the Secretary of State or the Agency.
2
Any person who certifies data in relation to an application for a marketing authorisation or in relation to an existing marketing authorisation and who knows that those data are false, or does not believe that they are accurate, is guilty of an offence.
3
Schedule 1 (marketing authorisations) has effect.
Manufacture of veterinary medicinal products
5
1
The holder of a marketing authorisation must ensure that every stage in the manufacture of the veterinary medicinal product is carried out by the manufacturer specified in the marketing authorisation (who must, if the manufacture is carried out in the United Kingdom, hold a manufacturing authorisation for that type of product granted by the Secretary of State) and failure to do so is an offence.
2
Schedule 2 (the manufacture of veterinary medicinal products) has effect.
3
“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product .
The finished product
6
The holder of a marketing authorisation for a veterinary medicinal product is guilty of an offence if either the holder or the manufacturer supplies a product that is not completely in accordance with the marketing authorisation.
Classification, supply and possession of the product
7
1
Schedule 3 (classification and supply, wholesale dealers and sheep dip) has effect.
2
Any person who supplies a veterinary medicinal product that has passed its expiry date is guilty of an offence.
3
Any person who opens the package (including the outer package) of a veterinary medicinal product before it has been supplied to the final user, other than as permitted under Schedule 3, is guilty of an offence.
4
Any person who supplies an authorised human medicinal product for administration to an animal (other than a product supplied by a veterinary surgeon or in accordance with a written prescription from a veterinary surgeon that includes all the information specified in paragraph 6 of Schedule 3) is guilty of an offence.
5
Any person in possession of a veterinary medicinal product that was supplied to that person other than in accordance with Schedule 3 is guilty of an offence.
Administration of the product
8
It is an offence to administer a veterinary medicinal product to an animal unless —
a
the product has a marketing authorisation authorising its administration in the United Kingdom, and the administration is in accordance with that marketing authorisation; or
b
it is administered in accordance with Schedule 4 (administration of a veterinary medicinal product outside the terms of a marketing authorisation) or Schedule 6 (exemptions for small pet animals).
Importation of authorised veterinary medicinal products
9
1
It is an offence to import a veterinary medicinal product authorised for use in the United Kingdom except in accordance with this regulation.
2
A holder of a marketing authorisation for a veterinary medicinal product may import that veterinary medicinal product.
3
A holder of a manufacturing authorisation may import a veterinary medicinal product to which that authorisation relates.
4
An authorised wholesale dealer may import a veterinary medicinal product if —
a
the authorisation covers the product; and
b
the dealer has notified the holder of the marketing authorisation in writing before importation.
5
A veterinary surgeon or a pharmacist may import any authorised veterinary medicinal product.
6
A suitably qualified person (registered in accordance with paragraph 14 of Schedule 3) may import any authorised veterinary medicinal product that that person is permitted to supply.
7
There are no restrictions on the importation of an authorised veterinary medicinal product in category AVM-GSL.
Advertising the product
10
1
It is an offence to advertise a veterinary medicinal product if the advertisement is misleading or contains any medicinal claim that is not in the summary of product characteristics.
2
It is an offence to advertise an authorised human medicinal product for administration to animals (including sending a price list of or including authorised human medicinal products to a veterinary surgeon or veterinary practice).
3
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that —
a
the list is sent following a request from the veterinary surgeon to whom it is sent; and
b
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be prescribed and administered under the cascade.
Advertising of prescription products and products containing psychotropic drugs or narcotics
11
1
It is an offence to advertise a veterinary medicinal product that —
a
is available on veterinary prescription only; or
b
contains psychotropic drugs or narcotics.
2
In the case of a product containing psychotropic drugs or narcotics, this does not apply to advertisements aimed at veterinary surgeons or pharmacists.
3
In the case of POM-V medicines, this does not apply to price lists, or to advertisements aimed at veterinary surgeons, veterinary nurses, pharmacists or professional keepers of animals.
4
In the case of POM-VPS medicines, this does not apply to price lists, or to advertisements aimed at —
a
veterinary surgeons;
b
pharmacists;
c
suitably qualified persons registered in accordance with paragraph 14 of Schedule 3;
d
other veterinary health care professionals;
e
professional keepers of animals; or
f
owners or keepers of horses.
Defence of publication in the course of business
12
In proceedings for an offence under these Regulations relating to advertising, it is a defence for the person charged to prove —
a
that that person’s business is to publish or arrange for the publication of advertisements, and
b
that the advertisement was received in the ordinary course of business and the person charged did not know and had no reason to suspect that its publication would amount to an offence under these Regulations.
Wholesale dealing
13
It is an offence to buy a veterinary medicinal product, other than by retail or for the purposes of retail supply in accordance with Schedule 3, unless the buyer has a wholesale dealer’s authorisation granted by the Secretary of State under this regulation and Schedule 3.
Feedingstuffs
14
Schedule 5 (medicated feedingstuffs and specified feed additives) has effect.
Exemptions
15
1
These Regulations do not apply to an inactivated autogenous vaccine that is manufactured, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal and used for the treatment of that animal.
2
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to an inactivated autogenous vaccine that is —
a
manufactured by a person and in premises authorised in accordance with Part 2 of Schedule 2, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal; and
b
used for the treatment of —
i
other animals on the same site;
ii
animals intended to be sent to those premises; or
iii
animals on a site that receives animals from those premises.
3
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to —
a
blood or blood constituents from a blood bank authorised in accordance with Part 3 of Schedule 2;
b
a product manufactured for administration under the cascade by a person and in premises authorised in accordance with Part 4 of Schedule 2; or
c
equine stem cells products for use as an autologous treatment for horses from an equine collection centre authorised in accordance with Part 5 of Schedule 2.
4
Schedule 6 (exemptions for small pet animals) has effect.
Fees
16
Schedule 7 (fees) has effect.
PART 3 Records
Food-producing animals: proof of purchase of veterinary medicinal products
17
1
The keeper of a food-producing animal must keep proof of purchase of all veterinary medicinal products acquired for the animal (or, if they were not bought, documentary evidence of how they were acquired).
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of administration by a veterinary surgeon
18
1
A veterinary surgeon who administers a veterinary medicinal product to a food-producing animal must either enter the following information personally in the keeper’s records or give it to the keeper in writing (in which case the keeper must enter the following into those records) —
a
the name of the veterinary surgeon;
b
the name of the product and the batch number;
c
the date of administration of the product;
d
the amount of product administered;
e
the identification of the animals treated; and
f
the withdrawal period.
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of acquisition and administration
19
1
When a veterinary medicinal product is bought or otherwise acquired for a food-producing animal the keeper must, at the time, record —
a
the name of the product and the batch number;
b
the date of acquisition;
c
the quantity acquired; and
d
the name and address of the supplier.
2
At the time of administration (unless the administration is by a veterinary surgeon in which case the record must be in accordance with regulation 18 ) the keeper must record —
a
the name of the product;
b
the date of administration;
c
the quantity administered;
d
the withdrawal period; and
e
the identification of the animals treated.
3
A keeper who disposes of any or all of the veterinary medicinal product other than by treating an animal must record —
a
the date of disposal;
b
the quantity of product involved; and
c
how and where it was disposed of.
4
It is an offence to fail to comply with this regulation.
Food-producing animals: retention of records
20
1
The keeper of a food-producing animal must keep the documentation on the acquisition of a veterinary medicinal product and the records relating to the product for at least five years following the administration or other disposal of the product, irrespective of whether or not the animal concerned is no longer in that keeper’s possession or has been slaughtered or has died during that period.
2
It is an offence to fail to comply with this regulation.
Records by a holder of a manufacturing authorisation
21
1
A holder of a manufacturing authorisation must, as soon as is reasonably practicable, make a record of each batch of veterinary medicinal product manufactured, assembled or supplied, which must include —
a
the name of the product;
b
the quantity manufactured, assembled or supplied;
c
the date of manufacture, assembly or supply;
d
the batch number and expiry date; and
e
in the case of supply, the name and address of the recipient.
2
The holder must keep with the record all certification provided by the qualified person (manufacture) in relation to that batch.
3
The holder must keep all records and certificates for at least five years from the date the veterinary medicinal product is placed on the market.
4
It is an offence to fail to comply with this regulation.
Records by a holder of a wholesale dealer’s authorisation
22
1
A holder of a wholesale dealer’s authorisation must record the following as soon as is reasonably practicable after each incoming or outgoing transaction (including disposal) relating to a veterinary medicinal product —
a
the date and nature of the transaction;
b
the name of the veterinary medicinal product;
c
the manufacturer’s batch number;
d
the expiry date;
e
the quantity; and
f
the name and address of the supplier or recipient,
and must keep the records for at least three years.
2
It is an offence to fail to comply with this regulation.
Records of the receipt or supply of prescription products
23
1
Any person permitted under these Regulations to supply a veterinary medicinal product classified as POM-V or POM-VPS who receives or supplies any such veterinary medicinal product must keep all documents relating to the transaction that show —
a
the date;
b
the name of the veterinary medicinal product;
c
the batch number (except that, in the case of a product for a non-food-producing animal, this need only be recorded either on the date of receipt of the batch or the date a veterinary medicinal product from the batch is first supplied);
d
the quantity;
e
the name and address of the supplier or recipient; and
f
if there is a written prescription, the name and address of the person who wrote the prescription and a copy of the prescription.
2
If the documents do not include this information that person must make a record of the missing information as soon as is reasonably practicable following the transaction.
3
As an alternative to paragraphs (1) and (2) that person may make a record of all the information required there provided that this is done as soon as is reasonably practicable following the transaction.
4
The documentation and records must be kept for at least five years.
5
It is an offence to fail to comply with this regulation.
Records of products administered to a food-producing animal under the cascade
24
1
A veterinary surgeon administering a veterinary medicinal product to food-producing animals under the cascade, or permitting another person to administer it under that veterinary surgeon’s responsibility, must, as soon as is reasonably practicable, record —
a
the date of examination of the animals;
b
the name and address of the owner;
c
the identification and number of animals treated;
d
the result of the veterinary surgeon’s clinical assessment;
e
the trade name of the product if there is one;
f
the manufacturer’s batch number shown on the product if there is one;
g
the name and quantity of the active substances;
h
the doses administered or supplied;
i
the duration of treatment; and
j
the withdrawal period,
and must keep the record for at least five years.
2
It is an offence to fail to comply with this regulation.
PART 4 Unauthorised veterinary medicinal products
Importation of an unauthorised veterinary medicinal product
25
1
It is an offence to import an unauthorised veterinary medicinal product except in accordance with this regulation.
2
A holder of a marketing authorisation may import an unauthorised veterinary medicinal product if it is for the purpose of the manufacture of a veterinary medicinal product for which the importer holds the marketing authorisation.
3
A holder of a manufacturing authorisation may import an unauthorised veterinary medicinal product if it is for the manufacture of a veterinary medicinal product that the importer is permitted to manufacture.
4
A holder of a wholesale dealer’s authorisation may import an unauthorised veterinary medicinal product for the purposes of re-export.
5
A veterinary surgeon may import an unauthorised veterinary medicinal product that is authorised in another member State if it is for the purpose of administration by that veterinary surgeon or under that veterinary surgeon’s responsibility under the cascade or administration in exceptional circumstances in accordance with Schedule 4; the import must be in accordance with the appropriate certificate granted by the Secretary of State, and the product may be imported by the veterinary surgeon personally or by using a wholesale dealer or pharmacist as an agent.
6
A wholesale dealer or a pharmacist may import an unauthorised veterinary medicinal product for the purpose of storing it pending administration by a veterinary surgeon under the cascade or administration in exceptional circumstances in accordance with Schedule 4 if —
a
the veterinary medicinal product is authorised in another member State or a third country;
b
the Secretary of State has issued a certificate certifying that —
i
the disease or condition is such that the veterinary medicinal product is likely to be needed as a matter of urgency for the treatment of an animal;
ii
delay in administering the product will seriously affect the health or welfare of the animal; and
iii
there is no suitable veterinary medicinal product authorised in the United Kingdom; and
c
in the case of a wholesale dealer, the product is within the terms of the authorisation.
7
The holder of an animal test certificate granted under paragraph 9 of Schedule 4 may import anything specified in the animal test certificate in accordance with the conditions in that certificate.
8
The Secretary of State may authorise in writing the importation of any product or substance for use under a licence granted under the Animals (Scientific Procedures) Act 1986.
Possession of an unauthorised veterinary medicinal product
26
1
It is an offence to be in possession of an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product imported in accordance with a certificate granted by the Secretary of State under these Regulations;
b
a product prescribed by a veterinary surgeon under the cascade;
c
a holder of a manufacturing authorisation if the possession is for export;
d
a holder of a wholesale dealer’s authorisation if the possession is for export or re-export; or
e
a holder of a manufacturer’s authorisation or marketing authorisation if the intention is to manufacture a veterinary medicinal product.
3
A veterinary surgeon who practises in both the United Kingdom and another member State may hold veterinary medicinal products authorised in the other member State provided that the amount held does not exceed the amount expected to be used in that member State.
4
It is a defence for a person charged under paragraph (1) to prove that the product was for the purposes of research or development of a veterinary medicinal product.
5
A veterinary surgeon may have possession of an authorised human medicinal product intended for administration to animals under the cascade, but commits an offence if the amount possessed exceeds the amount expected to be used under the cascade.
Supply of an unauthorised veterinary medicinal product
27
1
It is an offence to supply an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product prescribed by a veterinary surgeon under the cascade; or
b
a product supplied in accordance with a certificate granted by the Secretary of State under these Regulations.
3
It is a defence for a person charged under paragraph (1) to prove that the supply was for the purposes of research or development of a veterinary medicinal product.
PART 5 Miscellaneous provisions, enforcement and offences
The Veterinary Products Committee
28
1
There shall continue to be a Veterinary Products Committee.
2
The Secretary of State may appoint members of the Committee from professional people who are eminent in their field, and any lay members as the Secretary of State sees fit.
3
The function of the Committee is to provide scientific advice on any aspect of veterinary medicinal products asked for by the Secretary of State and to carry out any functions specified in these Regulations.
4
The Secretary of State may pay members of the Committee such amounts as the Secretary of State may decide.
5
The Secretary of State may consult the Committee at any time.
Veterinary Products Committee appeals procedure
29
1
The following procedure applies when any person receives a notification from the Secretary of State informing that person (the appellant) of a right to an appeal to the Veterinary Products Committee.
2
The appellant must inform the Secretary of State of an intention to appeal within 28 days of the notification which is the subject of the appeal.
3
The appeal may be written or oral, or both, at the choice of the appellant.
4
The appellant may not present to the Committee any new data not available to the Secretary of State at the time of the original decision.
5
The Committee must consider the appeal and any representations made by the Secretary of State, and report its findings in writing to the Secretary of State together with its recommendations.
6
The Secretary of State must send a copy of the report to the appellant on request.
7
The Secretary of State must consider the report and then form a provisional decision.
8
The Secretary of State must then notify the provisional decision to the appellant, together with the reasons for it.
9
The appellant may then appeal against the Secretary of State’s provisional decision to a person appointed for the purpose by the Secretary of State and the procedure in the next regulation applies.
Appeals to an appointed person
30
1
A person aggrieved by a provisional decision of the Secretary of State under the preceding regulation may appeal against the decision to a person appointed for the purpose by the Secretary of State in accordance with this regulation.
2
So may an applicant for —
a
a manufacturing authorisation;
b
appointment as a Qualified Person for the purposes of a manufacturing authorisation;
c
authorisation for a person or premises to manufacture autogenous vaccines;
d
an authorisation of a blood bank;
e
authorisation of a person and premises to manufacture an unauthorised veterinary medicinal product for administration under the cascade;
f
authorisation of an equine stem cell centre;
g
a wholesale dealer’s authorisation;
h
the approval of premises for the supply of POM-VPS or NFA-VPS veterinary medicinal products by a suitably qualified person,
if such an application is refused.
3
A holder of any of the above authorisations, appointment or approvals may appeal against a suspension or compulsory variation in the same way.
4
The appointed person must consider the appeal (but may not consider any new data not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.
5
The Secretary of State must then reach a final decision and notify the appellant, together with the reasons for it.
Exports
31
1
It is an offence to export a veterinary medicinal product for use in another member State unless the veterinary medicinal product may be lawfully supplied or administered in that Member State.
2
If a veterinary medicinal product has been manufactured in accordance with a marketing authorisation, or if a product without a marketing authorisation has been manufactured under a manufacturing authorisation, and the product is intended for export outside the European Union, the Secretary of State must, at the request of the exporter or the competent authorities of the country to which it is being exported, provide a certificate to that effect.
3
When issuing the certificate the Secretary of State must take account of the model certificates issued by the World Health Organization .
4
If the veterinary medicinal product is authorised in the United Kingdom the Secretary of State must ensure that the exporter or the competent authorities of the third country has access to the summary of product characteristics.
Time limits
32
1
In any provision in these Regulations requiring the Secretary of State to issue an authorisation within a set time, the clock does not start until the Secretary of State has checked that the application dossier is in accordance with these Regulations and has validated the application.
2
The clock is stopped during any period that the Secretary of State requires an applicant to provide further data until all the further data required have been provided.
3
The clock is also stopped during any period that the applicant is given to provide oral or written explanations.
4
The Secretary of State may stop the clock pending payment of outstanding fees.
Appointment of inspectors
33
The Secretary of State must appoint inspectors for the purposes of the enforcement of these Regulations and in these Regulations “inspector” means an inspector appointed under this regulation or a veterinary inspector appointed under the Animal Health Act 1981 .
Powers of entry
34
1
An inspector may, on giving reasonable notice, and on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
2
The requirement to give notice does not apply —
a
where the entry is pursuant to any provision of an EU instrument which requires inspection without notice;
b
where the requirement has been waived;
c
where reasonable efforts to agree an appointment have failed;
d
where an inspector has reasonable suspicion of a failure to comply with these Regulations; or
e
in an emergency.
3
Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless those premises are approved, registered or authorised for the sale of veterinary medicines under paragraph 8, 10, 14(4) or 18 of Schedule 3, or any part of those premises is so approved, registered or authorised for that purpose.
4
Paragraphs (1) and (3) do not affect any right of entry conferred by a warrant issued by a justice of the peace.
5
The inspector may be accompanied by —
a
such other persons as the inspector considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
6
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by signed warrant authorise the inspector to enter the premises, if need be by reasonable force.
7
A warrant under this regulation is valid for one month.
8
An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
9
An inspector may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and the premises of the marketing authorisation holder.
10
An inspector may carry out an inspection at the request of another member State, the European Commission or the Agency.
11
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to the sheriff and to a magistrate; and
b
in Northern Ireland, is a reference to a lay magistrate.
Powers of an inspector
35
1
An inspector entering premises under the previous regulation may —
a
inspect the premises, and any plant, machinery or equipment;
b
search the premises;
c
take samples;
d
seize any computers and associated equipment;
e
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, or any additive to which Schedule 5 applies, if it is not authorised in the United Kingdom;
f
seize any premixture or feedingstuff that contains a veterinary medicinal product or additive to which Schedule 5 applies that is not authorised in the United Kingdom;
g
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, any additive to which Schedule 5 applies, any premixture or any feedingstuff if —
i
it has not been lawfully supplied in accordance with these Regulations;
ii
it has been stored in a way that affects its safety, quality or efficacy;
iii
it is sold or offered for sale by a person not permitted to supply it under these Regulations;
h
carry out any inquiries, examinations and tests;
i
have access to, and inspect and copy or seize any documents or records (in whatever form they are held) relating to these Regulations; and
j
have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
2
An officer of any local authority who has entered premises exercising any statutory power of entry for the purposes of enforcing any legislation relating to food hygiene, feed hygiene or animal health, may inspect any records made under these Regulations (in whatever form they are held) relating to food-producing animals, and may remove them to enable them to be copied.
3
Where an inspector has entered any premises and it is not reasonably practicable to determine at the time whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
Inspection of pharmacies
36
In relation to a pharmacy, all the powers of an inspector to enforce these Regulations may also be exercised by an officer of the General Pharmaceutical Council appointed for the purpose.
Obstruction
37
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence.
Improvement notices
38
1
An inspector who has reasonable grounds for believing that any person is failing to comply with these Regulations may serve a notice on that person (in these Regulations referred to as an “improvement notice”) that —
a
states the inspector’s grounds for believing this;
b
specifies the matters that constitute the failure to comply;
c
specifies the measures that, in the inspector’s opinion, the person must take in order to secure compliance; and
d
requires the person to take those measures, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice.
2
It is an offence to fail to comply with an improvement notice.
Appeals against improvement notices
39
1
Any person who is aggrieved by an improvement notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
3
An appeal to the sheriff under paragraph (1) is by summary application.
4
The period within which an appeal may be brought is 28 days or the period specified in the improvement notice, whichever ends the earlier.
5
An improvement notice must state —
a
the right of appeal to a magistrates’ court or to the sheriff; and
b
the period within which such an appeal may be brought.
6
A court may suspend an improvement notice pending an appeal.
Powers of a court on appeal
40
On an appeal against an improvement notice, the court may either cancel the notice or confirm it, with or without modification.
Seizure notices
41
1
An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.
2
The inspector must serve on the person appearing to be in charge of the seized product a notice (referred to in these Regulations as a “seizure notice”) —
a
giving the grounds for seizing the product; and
b
informing that person of the rights under this regulation to make a claim, and the address for the service of the claim.
3
An inspector who is not able to remove products seized immediately may mark the products in any way, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and any person other than an inspector who removes products identified under this paragraph from the premises is guilty of an offence.
4
The person on whom the seizure notice was served or the owner of the seized product may, within 28 days of seizure, notify any claim that the product was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
5
If a notification of a claim is not received within 28 days, the Secretary of State may destroy the product.
6
If a notification of a claim is received within 28 days, then, unless the product seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the product or take proceedings for an order for the confirmation of the seizure notice and the destruction of the veterinary medicinal product in a magistrates’ court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.
7
The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
8
The procedure before the sheriff is by summary application.
9
The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the product seized unless a claim is made to a court and the court directs otherwise.
Publication
42
1
The Secretary of State must publicise all improvement notices and seizure notices issued under these Regulations and the suspension or revocation of anything issued under these Regulations, and may do so in such manner as the Secretary of State sees fit.
2
This does not apply in relation to a seizure notice issued to a common carrier who does not own the seized goods.
Penalties
43
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
a qualified person appointed as such for the purposes of these Regulations;
b
any director, manager, secretary or other similar person of the body corporate; or
c
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence.
Northern Ireland
44
1
This regulation has effect in relation to the enforcement of these Regulations in Northern Ireland.
2
The Department of Agriculture and Rural Development or the Department of Health, Social Services and Public Safety (or both Departments acting jointly) instead of the Secretary of State exercise the powers of the Secretary of State in —
a
regulation 33 (appointment of inspectors);
b
regulation 41 (seizure notices);
c
regulation 42 (publication); and
d
sub-paragraph (4) of paragraph 14 of Schedule 3 (approval of premises for suitably qualified persons).
3
The Department of Agriculture and Rural Development is the competent authority for —
a
Regulation (EC) No 178/2002 (of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety );
b
Regulation (EC) No 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition );
c
Regulation (EC) No 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ); and
d
Regulation (EC) No 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene ).
4
In relation to pharmacies, an officer of the Pharmaceutical Society of Northern Ireland appointed by the Society for the purpose has all the powers of an inspector to enforce these Regulations.
5
In proceedings in a magistrates’ court relating to an improvement notice under regulation 38 or a seizure notice under regulation 41, the Magistrates’ Courts (Northern Ireland) Order 1981 applies.
Review
45
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations other than the fees provisions;
b
set out the conclusions of the review in a report; and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the EU instruments, or provisions of EU instruments, to which this regulation applies are implemented in other Member States.
3
The EU instruments, and provisions of EU instruments, to which this regulation applies are —
Council Directive 90/167 laying down conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, so far it is not superseded by Regulation (EC) No 183/2005
Commission Directive 91/412/EEC laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products ;
Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products ;
Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, in so far as it applies to veterinary medicinal products used in feedingstuffs;
Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition, in so far as it applies to veterinary medicinal products used in feedingstuffs;
Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, in so far as it applies to veterinary medicinal products used in feedingstuffs;
Regulation (EC) No 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene, in so far as it applies to veterinary medicinal products used in feedingstuffs;
Commission Regulation (EC) No 1234/2008 ;
Regulation (EC) No 470/2009 of the European Parliament and of the Council ;
Article 8 of Regulation (EC) No 767/2009 of the European Parliament and of the Council, and Articles 15 and 17 of that Regulation as they refer to the labelling requirements for feedingstuffs containing specified feed additives ; and
Commission Regulation (EU) No 37/2010 .
4
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations, other than the fees provisions;
b
assess the extent to which those objectives are achieved; and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
5
In this regulation —
a
“review period” means the period of five years beginning with the day on which these Regulations come into force, and, subject to paragraph (6), each successive period of five years thereafter; and
b
“the fees provisions” means regulation 16 and Schedule 7.
6
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Revocations
46
1
The Veterinary Medicines Regulations 2009 are revoked.
2
The Veterinary Medicines (Amendment) Regulations 2011 are revoked.
3
In the Pharmacy Order 2010 , in Schedule 4, paragraph 71 is revoked.
Henley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th August 2011
We consent
James Duddridge
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th August 2011


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Northampton (Electoral Changes) Order 2011.
2
This Order comes into force —
a
for the purpose of proceedings preliminary or relating to the elections of councillors, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2011.
Interpretation
2
In this Order —
“map” means the map marked “Map referred to in the Northampton (Electoral Changes) Order 2011”, of which prints are available for inspection at the principal office of the Local Government Boundary Commission for England;
“ordinary day of election of councillors” has the meaning given by section 37 of the Representation of the People Act 1983 .
Wards of the district of Northampton and number of councillors
3
1
The existing wards of the district of Northampton are abolished.
2
The district is divided into thirty-three wards each bearing a name listed in column 1 of the Schedule.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
The number of councillors to be elected for each ward is the number specified in relation to that ward in column 2 of the Schedule.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it is to be treated as running along the centre line of the feature.
Wards of the parish of Collingtree and number of councillors
4
1
The parish of Collingtree is divided into two wards named respectively —
a
Collingtree North;
b
Collingtree South.
2
Each ward comprises the area designated on the map by reference to the name of the ward.
3
Four councillors are to be elected for Collingtree South ward.
4
Three councillors are to be elected for Collingtree North ward.
Wards of the parish of Duston and number of councillors
5
1
The existing wards of the parish of Duston are abolished.
2
The parish is divided into two wards named respectively —
a
New Duston;
b
Old Duston.
3
Each ward comprises the area designated on the map by reference to the name of the ward.
4
Six councillors are to be elected for each ward.
Sealed with the seal of the Local Government Boundary Commission for England on the 28th day of January 2011
Max Caller
Chairman
Local Government Boundary Commission for England
28th January 2011


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No.4) Order 2011 and shall come into force on 13th May 2011.
2
In Part 2 of the Schedule to the Immigration (Designation of Travel Bans) Order 2000 , insert “Council Decision 2011/273/ CFSP of 9th May 2011 (Syria)” at the appropriate place.
Damian Green
Minister of State
Home Office
11th May 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Tunisia (Asset-Freezing) Regulations 2011 and shall come into force at 6.00 p.m. on 22nd March 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No. 101/2011 of 4 February 2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia, and a reference to Annex I to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex I to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable grounds to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a relevant institution crediting a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance 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, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
At 2.30 p.m. on 22nd March 2011


text:
Citation and commencement
1
This Order may be cited as the Gender Recognition (Approved Countries and Territories) Order 2011 and comes into force on the day after the day on which it is made.
Approved countries and territories
2
The countries and territories set out in the Schedule are each prescribed as an “approved country or territory” for the purposes of the Gender Recognition Act 2004.
Revocation
3
The Gender Recognition (Approved Countries and Territories) Order 2005 is revoked.
Signed by authority of the Secretary of State
McNally
Minister of State
Ministry of Justice
4th July 2011


text:
Citation and Commencement
1
1
This Order may be cited as the Value Added Tax (Payments on Account) (Amendment) Order 2011.
2
This Order comes into force on 1st June 2011 save for Article 2(b) which comes into force on 1st December 2011.
Amendment of the Value Added Tax (Payments on Account) Order 1993
2
The Value Added Tax (Payments on Account) Order 1993 is amended as follows —
a
in article 2(1) in the definition of “the basic period” for “£2,000,000” substitute “the figure specified in article 5(1) or 6(1)”;
b
in article 5(1) for “£2,000,000” substitute “£2,300,000”;
c
in article 6(1) for “£2,000,000” substitute “£2,300,000”;
d
in article 7 for “£1,600,000” substitute “£1,800,000”; and
e
in article 16(1) for “£2,000,000” substitute “the figure specified in article 5(1) or 6(1) respectively”.
Michael Fabricant
James Duddridge
Two of the Lords Commissioners of Her Majesty’s Treasury
10th January 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shropshire Community Health National Health Service Trust (Establishment) Order 2011 and shall come into force on 1st July 2011.
2
In this Order —
“ the Act ” means the National Health Service Act 2006;
“community health services” means any service which the Secretary of State has a duty to provide under section 3(1)(d) or (e) of, or paragraph 1 or 8 of Schedule 1 to, the Act and any service which the Secretary of State may provide under paragraph 2 or 7A of that Schedule;
“the trust” means the National Health Service trust established by article 2.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Shropshire Community Health National Health Service Trust.
Nature and functions of the trust
3
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 4 executive directors and 4 non-executive directors.
2
If the Secretary of State suspends the chairman, or a non-executive director of the trust, the number of non-executive directors of the trust shall increase during the period of suspension by the number of persons so suspended.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st July 2011.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
16th June 2011


text:
Citation
1
This Order may be cited as the Academies Act 2010 (Commencement No. 2) Order 2011.
Provision coming into force on 1st August 2011
2
1st August 2011 is the day appointed for the coming into force of section 12(4) of the Academies Act 2010.
Jonathan Hill
Parliamentary Under Secretary of State for Schools
Department for Education
25th April 2011


text:
Title, commencement and application
1
1
This Order may be cited as the Sea Fishing (Penalty Notices) (England) Order 2011 and comes into force on 6th April 2011.
2
This Order applies —
a
in relation to England;
b
in relation to English or Welsh fishing boats wherever they may be except where they are in Wales or the Welsh zone; and
c
in relation to other fishing boats within British fishery limits except where they are in —
i
the Northern Ireland zone;
ii
the Scottish zone;
iii
Wales or the Welsh zone; or
iv
the territorial sea adjacent to the Isle of Man, Jersey or Guernsey.
Interpretation
2
1
In this Order —
“authorised officer” means —
a marine enforcement officer within the meaning of section 235(1)(a) of the Marine and Coastal Access Act 2009; or
an inshore fisheries and conservation officer within the meaning of section 165(1) of the Marine and Coastal Access Act 2009;
“penalty” means the amount specified in a penalty notice;
“penalty notice” means a notice offering the opportunity, by payment of a specified amount in accordance with this Order, to discharge any liability to be convicted of the penalty offence to which the notice relates;
“penalty offence” means an offence (other than one involving assault, obstruction or failure to comply with a requirement imposed by a person) listed in the Schedule.
2
The expressions “Northern Ireland zone”, “Scottish zone” and “Welsh zone” have the meaning they bear in section 322(1) of the Marine and Coastal Access Act 2009.
Issue of penalty notice
3
1
Where an authorised officer has reason to believe that a person has committed a penalty offence, the authorised officer may issue that person with a penalty notice for an amount not exceeding £10,000.
2
In determining the penalty, an authorised officer must have regard to any guidance given by the MMO on matters to be taken into account when making such a determination.
3
A penalty notice is issued at the time when it is sent by post or delivered by hand to the person to whom it relates.
Content of penalty notice
4
A penalty notice issued under article 3 must —
a
give particulars of the penalty offence;
b
state the amount of the penalty;
c
state the period during which, by virtue of article 5, proceedings will not be taken for the offence;
d
state the person to whom, and the address at which, the penalty may be paid; and
e
state that payment must not be in cash.
Restriction on proceedings for penalty offence
5
1
Where a person is issued with a penalty notice —
a
no proceedings may be brought against that person for the penalty offence to which that notice relates before the end of the period of 28 days beginning with the date on which the notice was issued; and
b
that person may not be convicted of the offence if the penalty is paid before the end of that period.
2
Paragraph (1) —
a
is subject to article 10; and
b
does not apply if the penalty notice is withdrawn in accordance with article 9.
Payment of penalty
6
1
Payment of a penalty must be made to the person specified in the penalty notice by sending it by post or by such method as may be specified in the notice.
2
It may not be made in cash.
Payment of one penalty treated as payment of connected penalties
7
1
Where a person (“A”) pays the penalty in accordance with article 6, an authorised officer must give a notice (a “notice of deemed payment”) to all other persons who have been issued with a connected penalty notice.
2
A penalty notice is a “connected penalty notice” if the penalty offence to which that notice relates is the same as, and arises out of the same set of circumstances as, the penalty offence to which the penalty notice issued to, and paid by, A relates.
3
A notice of deemed payment must —
a
be sent by post or delivered by hand;
b
indicate that A has paid the penalty for A’s connected penalty notice;
c
indicate that the penalty notice issued to the recipient of the notice of deemed payment will be treated as having been paid unless that person gives written notice indicating that it should not be so treated (a “notice of objection”); and
d
state the name and address of the person to whom any notice of objection must be given.
4
A notice of objection must be sent by post or delivered by hand to the person stated in paragraph (3)(d) within —
a
28 days beginning with the date on which the penalty notice was issued; or
b
if later, 5 days beginning with the date on which the notice of deemed payment was given.
5
If no notice of objection is given in accordance with this article, the penalty notice issued to a person who has been given a notice of deemed payment is to be treated as having been paid.
Certificate of payment or non-payment of penalty notice
8
In any proceedings a certificate purporting to be signed by or on behalf of the Secretary of State stating that payment in respect of a penalty notice was or was not received on or before a date specified in the certificate is evidence of the facts stated.
Withdrawal of penalty notices
9
1
A penalty notice may be withdrawn by an authorised officer who has reason to believe that it ought not to have been issued (whether to the person named in the penalty notice or otherwise).
2
A penalty notice may be withdrawn before or after payment of the penalty.
3
If a penalty notice is withdrawn any penalty paid must be repaid.
Commencement of proceedings after payment of penalty in relation to fishing boats from outside the United Kingdom
10
1
This article applies in relation to a penalty notice issued to the master, owner or charterer of a fishing boat other than an English, Northern Ireland, Scottish or Welsh fishing boat.
2
Where a person in receipt of a penalty notice has paid the penalty, that person may give written notice requesting that proceedings be brought for the penalty offence to which the penalty notice relates.
3
Such notice must —
a
indicate that the person giving the notice wishes proceedings to be brought for the penalty offence to which the penalty notice relates; and
b
be given no later than the end of the period of 28 days beginning with the date on which the penalty notice was issued.
4
Where a person has given such notice, proceedings may be brought against that person.
5
Where such proceedings are discontinued or the person is acquitted of the offence, the penalty notice is to be treated as never having been issued and any penalty paid must be repaid.
6
Where a person is convicted of the offence, the penalty notice is to be treated as never having been issued and paragraph (7) or (8) applies, as appropriate.
7
If a fine is imposed on the person in respect of the penalty offence an authorised officer must —
a
apply so much of the penalty as does not exceed the amount of the fine in or towards payment of the fine; and
b
repay any amount of the penalty in excess of the amount of the fine.
8
If no fine is imposed on the person in respect of the penalty offence, any penalty paid must be repaid.
Transitional provision
11
1
This article applies where —
a
a person has been issued with a penalty notice under the Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 ; and
b
the penalty has not been paid in accordance with article 6, nor has the penalty notice been withdrawn under article 9, of that Order.
2
The penalty notice is deemed to have been issued under this Order.
Revocation
12
The Sea Fishing (Enforcement of Community Measures) (Penalty Notices) Order 2008 is revoked, except in so far as it applies in Wales or to the Welsh zone.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th March 2011
Hugo Swire
Minister of State for Northern Ireland
Northern Ireland Office
10th March 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Mutual Societies (Transfers of Business) (Tax) (Amendment) Regulations 2011 and shall come into force on 2nd February 2011.
2
These Regulations shall have effect in relation to any relevant transfer which takes place on or after 2nd February 2011.
Interpretation
2
In these Regulations “relevant transfer” has the same meaning as in the Mutual Societies (Transfers of Business) (Tax) Regulations 2009 .
Amendment of Regulation 17 of the Mutual Societies (Transfers of Business) (Tax) Regulations 2009
3
1
The Mutual Societies (Transfers of Business) (Tax) Regulations 2009 are amended as follows.
2
In regulation 17 (transfer of an asset – taxation of chargeable gains – company ceasing to be a member of group) omit “as a consequence of the relevant transfer”.
Michael Fabricant
Jeremy Wright
Two of the Lords Commissioners for Her Majesty’s Treasury
11th January 2011


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2011 and comes into force on 26th July 2011.
2
In paragraph 48(2) of Part 4 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 , at the end insert —
g
a housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 .
.
Jeremy Wright
Michael Fabricant
Two of the Lords Commissioners of Her Majesty’s Treasury
4th July 2011


text:
PART 1 Introduction
Citation and commencement
1
These Regulations —
a
may be cited as the Marine Licensing (Licence Application Appeals) Regulations 2011, and
b
come into force on 6th April 2011.
Application
2
These Regulations apply in relation to any area, and any licensable marine activity carried on in that area, for which the Secretary of State is the appropriate licensing authority under section 113 of the Act .
Interpretation
3
In these Regulations —
“the Act” means the Marine and Coastal Access Act 2009;
“the appointed person” means the person appointed under regulation 5;
“the Authority” means the person who took the decision under section 71 of the Act that is the subject of the appeal under these Regulations ;
“document” includes a map, photograph or report;
“the relevant time limits” means the time limits specified in these Regulations or in any direction given or requirement made by the appointed person by virtue of these Regulations, or such later time as is specified by virtue of regulation 25(1) ;
“start date” has the meaning given by regulation 8(3) ;
“valid notice of appeal” means a notice of appeal that —
complies with regulation 7(1) ;
was accompanied by the documents required by regulation 7(2) ; and
was received by the Secretary of State within the relevant time limits.
PART 2 Appeals – general
Appeal against marine licensing decisions
4
1
A person who has applied for a marine licence may by notice appeal against a decision taken under section 71(1)(b) or (c), (4) or (5) of the Act (refusal of licence or grant subject to conditions etc ).
2
Appeals must be made in accordance with these Regulations.
3
Any requirement in these Regulations for the Secretary of State to give or send any notice or other thing to the Authority, or for the Authority to give or send notice or other thing to the Secretary of State, does not apply where the Authority is the Secretary of State.
Determination of appeal by appointed person
5
1
Any appeal under these Regulations must be determined by a person appointed for that purpose by the Secretary of State.
2
An appointment under paragraph (1) —
a
must be in writing;
b
may relate to any particular appeal specified in the appointment or to appeals of a class or description so specified;
c
may provide for any function to which it relates to be exercisable subject to such conditions as may be specified in the appointment;
d
may provide for payment to be made to the appointed person.
3
The Secretary of State may at any time, by notice given to the appointed person, revoke the appointment in respect of any appeal which has not been determined before that time.
4
Where an appointment is so revoked in respect of any appeal, the Secretary of State must appoint another person under paragraph (1) to determine the appeal instead.
5
Where a new appointment is made, the consideration of the appeal, or any hearing or inquiry in connection with it, must be begun afresh.
6
But nothing in paragraph (5) requires any person to be given an opportunity of making new representations or comments or modifying or withdrawing any representations or comments already made.
PART 3 Starting the appeal
Time limit for the notice of appeal
6
1
Notice of an appeal must be received by the Secretary of State within the period of 6 months beginning with the date of the decision to which the appeal relates.
2
A person who sends a notice of appeal to the Secretary of State must, at the same time, send a copy of that notice to the Authority.
3
In this regulation, “notice of appeal” means a notice of appeal complying with regulation 7(1) and accompanied by the documents specified in regulation 7(2) .
Contents of the notice of appeal
7
1
A notice of appeal must include —
a
the name, address (including any e-mail address) and telephone number of the appellant and any agent acting for the appellant;
b
a statement of the grounds of appeal;
c
a statement as to whether the appellant wishes to have the appeal dealt with by way of written representations, a hearing or an inquiry;
d
a list of all the documents, including dates (where any document is dated), specified in paragraph (2).
2
A notice of appeal must be accompanied by —
a
a copy of the decision to which the appeal relates; and
b
a copy of all documents upon which the appellant wishes to rely.
Decision as to appeal procedure and start date
8
1
The Secretary of State must, as soon as practicable after receipt of a valid notice of appeal, decide whether the appeal is to be determined by means of written representations, a hearing or an inquiry.
2
The Secretary of State must notify the appellant and the Authority of that decision.
3
The date on which that notification is sent is the start date for the appeal.
4
A decision under paragraph (1) may be varied by a subsequent decision under that paragraph at any time before the proceedings are determined.
5
But before making such a variation the Secretary of State must consult —
a
the appellant, and
b
where the Authority is not the Secretary of State, the Authority.
6
Where the decision is varied —
a
the Secretary of State must notify the appellant, the Authority and any other person who has made written representations in respect of the appeal of such change;
b
anything done in relation to the former appeal procedure which could have been done under any corresponding provision of these Regulations relating to the new appeal procedure has effect as if done under that corresponding provision; and
c
the Secretary of State may give consequential directions as to the procedure.
7
Nothing in paragraphs (4) to (6) affects the start date under paragraph (3).
8
The Secretary of State must publish the criteria that are to be applied in making a decision under paragraph (1) .
PART 4 Action following the start date
Notice to interested persons
9
1
The Authority must, within the period of 2 weeks beginning with the start date, give notice that an appeal has been lodged —
a
to any person (other than the appellant) who has made representations to the Authority in respect of the subject matter of the appeal, and
b
to any other person it considers likely to have an interest.
2
The notice must state —
a
the start date;
b
the name and location of the site to which the appeal relates;
c
the name of the appellant;
d
that the appeal will be determined by way of written representations, a hearing or an inquiry (as the case may be);
e
that, within the period of 4 weeks beginning with the date of the notice, the recipient may send to the Secretary of State any written representations the recipient wishes to make;
f
the address to which such representations must be sent;
g
that any representations received will be sent to the appellant and the Authority;
h
that if the recipient makes representations, the recipient will be notified by the Secretary of State of the date of any hearing or inquiry that may be held.
3
The notice must be accompanied by a copy of the decision to which the appeal relates.
4
The Authority must, within the period of 2 weeks beginning with the start date, send to the Secretary of State and the appellant —
a
a list of the persons to whom, and the dates on which, notice under paragraph (1) was given; and
b
copies of all representations referred to in paragraph (1)(a) .
Representations and further comments
10
1
Where an appeal is to be determined by way of written representations —
a
the Authority must, within the period of 6 weeks beginning with the start date, send to the Secretary of State any representations it wishes to make on the appeal together with any documents it wishes to rely on;
b
if the appellant wishes to make any further representations to those referred to in the notice of appeal or the documents accompanying it referred to in regulation 7(2), the appellant must send 2 copies of those further representations to the Secretary of State within the period of 6 weeks beginning with the start date.
2
Where an appeal is to be determined by way of hearing or inquiry, the appellant and the Authority must each, within the period of 6 weeks beginning with the start date, send to the Secretary of State a statement containing full particulars of the case they propose to put forward at the hearing or inquiry and a list of any documents they propose to refer to or put in evidence.
3
At the end of the period of 6 weeks beginning with the start date, the Secretary of State must —
a
where the appeal is to be determined by way of written representations —
i
send a copy of the Authority’s representations to the appellant, and
ii
send a copy of any further representations received under paragraph (1)(b) to the Authority;
b
where the appeal is to be determined by way of hearing or inquiry, send, at the same time, a copy of the Authority’s statement and list of documents to the appellant and a copy of the appellant’s statement and list of documents to the Authority;
c
in all cases, send, at the same time, copies of any other representations received by the Secretary of State to the appellant and the Authority.
4
The appellant and the Authority may, within the period of 9 weeks beginning with the start date, send comments on those representations or statements to the Secretary of State.
5
The Secretary of State must, as soon as is reasonably practicable after that 9-week period, send, at the same time, a copy of the Authority’s comments to the appellant and a copy of the appellant’s comments to the Authority.
PART 5 Hearings and inquiries
Scope
11
This Part applies if an appeal is to be determined by way of hearing or inquiry (but certain provisions apply only to hearings or only to inquiries).
Establishing the hearing or inquiry
12
1
The Secretary of State must set a date for the hearing or inquiry (“the relevant date”).
2
The Secretary of State must, at least 6 weeks before the relevant date, give notice of the relevant date to the appellant, the Authority and any person who has made representations concerning the appeal.
3
The Authority must, at least 3 weeks before the relevant date, publish notice of the appeal in such manner as the Authority thinks is best calculated to bring it to the attention of any persons likely to be interested in it.
4
If the relevant date is changed the procedure in paragraphs (2) and (3) must be repeated.
Pre-inquiry meeting
13
1
The appointed person may hold a pre-inquiry meeting to determine the matters to be addressed and the procedure to be followed at an inquiry.
2
The Secretary of State must give at least 4 weeks’ notice of such a meeting to —
a
the appellant and the Authority;
b
any person known at the date of the notice to be entitled to appear at the inquiry; and
c
any other person whose presence the appointed person considers desirable.
3
At the meeting, the appointed person may give directions to the appellant, the Authority and any other person wishing to appear at the inquiry about things to be done in preparation for the inquiry and the date by which they must be done.
Statement of agreed facts – inquiries
14
1
The appellant and the Authority must together prepare a statement containing agreed factual information about the subject matter of the appeal.
2
The Authority must ensure that the appointed person receives that statement at least 4 weeks before the inquiry date.
Proofs of evidence – inquiries
15
1
This regulation applies where a person entitled to appear at an inquiry intends to give, or to call a witness to give, evidence at the inquiry.
2
The person must, at least 4 weeks before the inquiry date or such other time as the appointed person directs, send a proof of the evidence intended to be given together with any written summary required to the Secretary of State.
3
The Secretary of State must, as soon as practicable after receiving a proof of evidence, send a copy of it to the appellant, the Authority and any other person who has sent a proof.
4
A written summary is required if the proof of evidence in question exceeds 1500 words.
5
Where a written summary is provided, only that summary may be read at the inquiry, unless the appointed person directs otherwise.
6
Where a person gives evidence at an inquiry by reading a summary of a proof of evidence —
a
the proof of evidence is treated as tendered in evidence, unless the person required to provide the summary notifies the appointed person that the person now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof of evidence contains may then be subject to cross-examination on it to the same extent as if it were evidence given orally.
7
The appointed person may allow any person to alter or add to a proof of evidence or summary so far as may be necessary for the purposes of the inquiry.
8
But if this is done, the appointed person must (if necessary by adjourning the inquiry) give every other person appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
This regulation is subject to regulation 17 .
Procedure
16
1
Except as otherwise provided in these Regulations, the appointed person may determine the procedure to be followed at a hearing or an inquiry.
2
Once the hearing or inquiry has started the appointed person may adjourn it at any time.
3
The persons entitled to appear are —
a
the appellant;
b
the Authority; and
c
any person who has made representations concerning the appeal.
4
The appointed person may proceed in the absence of any person entitled to appear.
5
The appointed person may permit any other person to appear, and such permission must not be unreasonably withheld.
6
Any person entitled or permitted to appear may appear in person or be represented by any other person.
7
A person entitled to appear may call evidence, but the calling of evidence is otherwise at the appointed person’s discretion.
8
Cross-examination is not permitted at a hearing unless the appointed person considers that it is required to ensure a thorough examination of the main issues.
9
If the appointed person considers that cross-examination is required, the appointed person must consider, after consulting the appellant and the Authority, whether to close the hearing and start an inquiry instead.
10
A person entitled to appear at an inquiry may cross-examine persons giving evidence, but the cross-examination of persons giving evidence at an inquiry is otherwise at the appointed person’s discretion.
11
The appointed person may take into account any written representation, evidence or any other document received from any person before or during a hearing or an inquiry, provided that the appointed person discloses it at the hearing or inquiry.
12
If the appointed person so decides, a hearing or an inquiry may be held wholly or partly in private.
13
This regulation is subject to regulation 17 .
Powers to exclude persons, evidence etc
17
1
If, at any stage of a hearing or inquiry, the appointed person considers that any of the reasons referred to in paragraph (2) apply, the appointed person may prevent any person from —
a
giving evidence,
b
cross-examining a person giving evidence, or
c
presenting any matter.
2
The reasons are —
a
that the evidence or matter was not provided within the relevant time limits;
b
that the evidence or matter was otherwise not provided in accordance with any provision of these Regulations or with any direction given or requirement made by the appointed person under these Regulations;
c
that the evidence or matter is irrelevant or repetitious; or
d
that the person is behaving or has behaved in a disruptive manner at the hearing or inquiry.
3
Without prejudice to the powers in paragraph (1) , if any person at the hearing or inquiry behaves in a disruptive manner the appointed person may —
a
require that person to leave;
b
prevent that person from participating in the hearing or inquiry; or
c
permit that person to remain at, or participate in, the hearing or inquiry only on specified conditions.
4
Where the appointed person refuses to permit a person to give oral evidence under paragraph (3) , the person may submit to the appointed person any evidence or other matter in writing before the close of the hearing or inquiry (but this is subject to paragraph (1) ).
Additional provisions as to evidence and costs
18
1
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) apply, with the modifications described in paragraph (2) , to any hearing or inquiry under these Regulations as they apply to inquiries under that section.
2
The modifications are —
a
the reference to the person appointed to hold the inquiry is to be read as a reference to the appointed person;
b
the reference to a local authority in proviso (b) to subsection (2) is to be read as a reference to the Authority;
c
the reference to “such local authority” in subsection (4) is to be read as a reference to the Authority;
d
references to the Minister causing an inquiry to be held are to be read as references to the appointed person.
3
Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or an inquiry under these Regulations as it applies in relation to a hearing or local inquiry referred to in that section.
4
Subject to paragraphs (1) and (3) , the costs of a hearing or an inquiry held under these Regulations must be defrayed by the Secretary of State.
Concurrent or combined inquiries
19
1
Paragraph (2) applies where —
a
the appeal is to be determined by an inquiry, and
b
in the case of some other matter required or authorised to be the subject of an inquiry (“the other inquiry”), it appears to the relevant authority or authorities that the matters are so far cognate that they should be considered together.
2
The relevant authority or authorities may direct that the two inquiries be held concurrently or combined as one inquiry.
3
In this regulation “the relevant authority or authorities” means the Secretary of State or, where causing the other inquiry to be held is the function of some other person, the Secretary of State and that other person acting jointly.
National security – inquiries
20
1
If, in the case of any particular appeal, the Secretary of State certifies that it would in the opinion of the Secretary of State be contrary to the interests of national security —
a
if an inquiry under these Regulations were to be held, or
b
if any members of the public, or any specified persons, were to be admitted to the inquiry or some specified part of it,
the inquiry is not to be held or, as the case may be, the public is not, or those persons are not, to be admitted to the inquiry or that part of it.
2
In paragraph (1) “specified persons” means —
a
persons specified in the certificate, or
b
persons of a description specified in the certificate.
PART 6 Final determination of the appeal
Determination of appeals determined by way of written representations
21
1
This regulation applies if an appeal is to be determined by way of written representations.
2
A valid notice of appeal and the documents accompanying it, together with any representations or comments made by the appellant under regulation 10(1)(b) or (4), comprise the appellant’s representations in relation to the appeal.
3
The representations received under regulation 10(1)(a) , together with any comments made by the Authority under regulation 10(4) , comprise the Authority’s representations in relation to the appeal.
4
The appointed person may determine an appeal taking into account only such representations as have been sent within the relevant time limits.
Determining the appeal – general
22
1
On determining an appeal against a decision, the appointed person may —
a
dismiss the appeal;
b
allow the appeal and quash the decision in whole or in part;
c
where the appointed person quashes a decision under sub-paragraph (b), direct the Authority —
i
to grant a marine licence, or
ii
to grant a marine licence on such terms or subject to such conditions as the appointed person may direct.
2
The appointed person must notify the appellant and the Authority in writing of the determination.
PART 7 Supplementary provisions
Failure to take action
23
1
This regulation applies where the appellant or the Authority has failed, within the relevant time limits, to take any step or provide any information required under these Regulations.
2
The appointed person may, after giving the appellant and the Authority notice of intention to do so, determine an appeal even though that step has not been taken or that information has not been provided.
Supply of documents etc
24
1
Anything required or permitted to be supplied (including any representations made) under these Regulations must be in writing.
2
If a document supplied refers to another document, a copy of that other document must also be supplied.
3
Anything required or permitted to be supplied under these Regulations may be supplied electronically if —
a
it is capable of being accessed by the recipient,
b
the information contained in it is available to the recipient to no lesser extent than it would be if it were in printed form,
c
it is sufficiently permanent to be used for subsequent reference, and
d
the recipient consents to its being supplied electronically.
4
Documents and copies supplied by the appellant or the Authority must be supplied in duplicate.
5
But paragraph (4) does not apply to a document or copy —
a
required to accompany a notice of appeal under regulation 7(1)(d) and (2), or
b
supplied electronically.
6
If any document has already been supplied for the purposes of an appeal and is readily available to all parties, the appointed person may direct that it need not be supplied again.
Extending deadlines and providing additional information or copies
25
1
The Secretary of State or the appointed person may, in exceptional circumstances, extend any deadline.
2
The appointed person may —
a
require any further exchanges of information if this is necessary for the determination of the appeal; or
b
require any party to provide further information relevant to the appeal or additional copies of any document, within a specified time limit.
3
A person required to make a further exchange of information or to provide further information or additional copies must comply within any time specified.
Richard Benyon
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
22nd March 2011


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (Establishment) Amendment Order 2011 and shall come into force on 31st May 2011.
2
In this Order —
“the Establishment Order ” means the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust (Establishment) Order 2010 ;
“ the trust ” means the NHS trust established by the Establishment Order.
Change of name of trust and transitional provision
2
1
The trust shall be called the Bridgewater Community Healthcare National Health Service Trust instead of the Ashton, Leigh and Wigan Community Healthcare National Health Service Trust.
2
Accordingly in article 2 of the Establishment Order (establishment and name of trust), for “Ashton, Leigh and Wigan” substitute “Bridgewater”.
3
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day in which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
3
In article 4(1) of the Establishment Order (directors of the trust), for “5 non-executive directors” substitute “7 non-executive directors”.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
15th May 2011