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PART 1
Introduction
Title, application, commencement and interpretation
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) Regulations 2006; they apply in relation to England only and come into force on 29th June 2006.
2
In these Regulations —
“approved assembly centre” means an assembly centre approved by the Secretary of State in accordance with regulation 12;
“assembly centre” means any holding, collection centre or market at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which is used in the course of intra-Community trade;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“captive bird” means a bird whose import is subject to the requirements of Commission Decision 2000/666/ EC ;
“dealer” means —
in relation to cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership; and
in relation to sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;
“Defra” means the Department for Environment, Food and Rural Affairs;
“European international instruments” means —
the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland ;
the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation ;
the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded ; and
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
“herd” or “flock” means a group of animals kept as an epidemiological unit;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority, and when used in relation to a person so appointed by the Secretary of State includes a veterinary inspector;
“local authority” means —
in relation to each unitary authority, metropolitan district or non-metropolitan county, the council of that unitary authority, district or county;
in relation to each London borough, the council of that borough, except in relation to imported live animals; and
in relation to the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“quarantine centre” and “quarantine facility” in relation to captive birds have the meanings given in Commission Decision 2000/666/EC , and references in that Decision and in these Regulations to an “approved quarantine centre” and an “approved quarantine facility” shall be construed as referring to such a centre or facility which is approved in accordance with regulation 19 and Schedule 8;
“quarantine manager” in relation to captive birds has the meaning given in regulation 19(11);
“re-inspection” in relation to the Poultry Health Scheme means an additional inspection described in paragraph 8 of Part I, Schedule 4, and “re-inspection fee” is the fee provided for in that paragraph;
“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment; and
“veterinary inspector” means a person appointed as a veterinary inspector by the Secretary of State.
3
Unless the context otherwise requires, references in these Regulations to the European Union legislation listed in this paragraph shall be construed as follows —
“Commission Decision 2000/666/EC ” means Commission Decision 2000/666/EC laying down the animal health requirements and the veterinary certification for the import of birds, other than poultry and the conditions for quarantine , as amended by and as read with the instruments listed in paragraph 6 of Part II of Schedule 7;
“Commission Decision 2006/115/EC ” means Commission Decision 2006/115/EC concerning certain protection measures in relation to highly pathogenic avian influenza in wild birds in the Community and repealing Decisions 2006/86/EC , 2006/90/EC , 2006/91/EC , 2006/94/EC , 2006/104/EC and 2006/105/EC as amended by Commission Decision 2006/277/EC ;
“Commission Regulation (EC) No. 282/2004 ” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community ;
“Council Directive 64/432/ EEC ” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 3;
“Council Directive 90/425/EEC ” has the meaning given in paragraph (4)(a);
“Council Directive 90/427/EEC ” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae , as amended by and as read with the instruments listed in paragraph 15 of Part I of Schedule 3;
“Council Directive 90/539/EEC ” means Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs , as amended by and as read with, in relation to intra-Community trade with the instruments listed in paragraph 6 of Part I of Schedule 3 and in relation to imports from third countries, the instruments listed in paragraph 4 of Part II of Schedule 7;
“Council Directive 91/67/EEC ” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products , as amended by and as read with the instruments listed in paragraph 8(1) of Part I of Schedule 3;
“Council Directive 91/68” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals as amended by and as read with the instruments listed in paragraph 9 of Part I of Schedule 3;
“Council Directive 91/496/EEC ” has the meaning given in paragraph (4)(b);
“Council Directive 92/65/EEC ” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC , as amended by and as read with, in relation to intra-Community trade, the instruments listed in paragraph 10 of Part I of Schedule 3, and in relation to imports from third countries, the instruments listed in paragraph 5 of Part II of Schedule 7;
“Regulation (EC) No. 998/2003 ” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC , as amended by Commission Regulation (EC) No. 2054/2004 and Commission Regulation (EC) No. 1193/2005 ; and
“Regulation (EC) No. 854/2004 ” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption .
4
For purposes of regulation 14(b), quarantine required under Commission Decision 2000/666/EC is a check provided for in Council Directive 91/496/EEC .
5
Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in the following instruments —
a
Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market as amended by and as read with the instruments listed in Schedule 1; and
b
Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries , as amended by and as read with the instruments listed in Schedule 1.
6
A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Exception
2
1
Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
2
Where any person is accompanying and has under his responsibility more than five pets travelling together that —
a
are each of a species listed in Annex I to Regulation (EC) No. 998/2003 ; and
b
come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003 ,
these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description, or a particular case, that he, and not the local authority, shall discharge any duty imposed on a local authority under paragraph (1).
PART 2
Intra-Community Trade
Application of Part 2
4
This Part shall apply to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments (“listed instruments”) in Part I of Schedule 3 unless —
a
it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;
b
when required by a listed instrument, it is accompanied by —
i
an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or
ii
any other document required by the instrument;
c
when required by a listed instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and
d
if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.
2
If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation he may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
No person shall export to another member State any animal to which the provisions of Article 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from —
a
a holding that has been registered with the Secretary of State and the owner or person in charge of that holding has given to the Secretary of State undertakings in accordance with Article 4 of Council Directive 92/65/EEC ; or
b
a body, institute or centre that has been approved by the Secretary of State in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC .
5
No person shall export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Council Directive 90/539/EEC , applies unless they originate from an establishment that —
a
is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Secretary of State in accordance with Schedule 4 to these Regulations; and
b
conforms with the requirements of Annex II to Council Directive 90/539/EEC .
6
An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC .
Imports
6
1
No person shall import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument (subject to any derogations specified in that Part) and with any additional requirements specified in that Part.
2
Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, shall comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves England, as the case may be.
3
Where cattle, pigs, sheep or goats are imported from another member State for slaughter in England and are taken to an approved assembly centre (“the centre”), the importer shall ensure that they are removed from the centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the centre, and in the case of cattle and pigs within 3 days of their arrival at the centre.
4
Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.
5
Where an animal is imported from another member State for slaughter, other than an animal taken to an approved assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
6
If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the required consignment documentation.
3
In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 in accordance with Schedule 9 to that Order.
Dealers
8
1
Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade shall comply with Part III of Schedule 3.
2
Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the Secretary of State, shall register as such with the Secretary of State and shall give such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
The Secretary of State shall keep a register of dealers registered under paragraph (2).
4
Any person who has registered under paragraph (2) shall keep a record of —
a
all deliveries of animals; and
b
where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,
and shall keep such records for 12 months from the arrival of the consignment.
Approval of centres and teams for the purposes of Council Directive 92/65/EEC and of laboratories for the purposes of Council Directive 90/539/EEC
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
4
The Secretary of State shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma infections required under Chapter III of Annex II to Council Directive 90/539/EEC .
5
The tests for Salmonella infections required under Chapter III of Annex II to Council Directive 90/539/EEC shall be carried out by laboratories authorised pursuant to article 2(1) of the Poultry Breeding Flocks and Hatcheries Order 1993 .
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into England from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC ) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector referred to in paragraph (1) shall be the inspector authorised by the Secretary of State to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12
1
Any person operating an assembly centre shall do so in accordance with this regulation.
2
The assembly centre shall be approved by the Secretary of State and given a number, and approval shall only be given if the Secretary of State is satisfied that––
a
in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC ;
b
in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Council Directive 91/68/EEC ; and
c
the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC .
3
The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
4
Where animals are consigned to an assembly centre, the operator of the assembly centre shall —
a
ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC ; and
b
record on a register —
i
the name of the owner, the origin, date of entry and exit, number of the animals, and their proposed destination;
ii
the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre;
iii
in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii);
iv
in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and
v
in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii),
and shall preserve each such record in the register for a minimum of three years.
5
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon qualified in accordance with Regulation (EC) No. 854/2004 to act in such a capacity and appointed as such by the Food Standards Agency (in this paragraph and paragraph (6) “the official veterinary surgeon”), the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC .
6
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Secretary of State to receive that notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose; or
b
by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
7
Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;
b
shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and
c
if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis or any other disease or cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may serve a notice in accordance with paragraph (2) on the person appearing to him to be in charge of those animals or products.
2
The notice shall require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease into or within England; or
b
without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.
3
Subject to the provisions of paragraph (4) if an inspector knows or suspects that animals or animal products do not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 , maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation;
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
4
If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (3) unless —
a
he has given the consignor, his representative or the person appearing to him to be in charge of those animals or products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and
b
the required consignment documentation has not been produced within that time.
5
In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART 3
Third Countries
Application of Part 3
14
This Part shall apply in respect of animals imported into England —
a
from anywhere other than a member State, and
b
from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Secretary of State shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal to which an instrument in Part I of Schedule 7 applies unless, subject to paragraph (4) in relation to the import of captive birds, that animal is imported from a country or territory which is specified under an instrument in Part I of Schedule 7.
3
No person shall import any animal to which an instrument in Part II of Schedule 7 applies unless, subject to paragraph (4) in relation to the import of captive birds, it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.
4
In relation to imports of captive birds, this regulation as read with paragraph 3 of Part I and paragraph 6 of Part II of Schedule 7 shall not apply to permit the import of such birds until 1st August 2006.
5
Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
6
In the event of a notice served under paragraph (5) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.
7
The person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004 .
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004 .
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the examination area of the border inspection post or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC
3
In relation to a captive bird, the importer or his agent shall at the expense of the importer ensure that —
a
the bird is conveyed from the border inspection post referred to in paragraph (2) to an approved quarantine centre or approved quarantine facility as provided for in Articles 2(4) and 3(1) and (2) of Commission Decision 2000/666/EC ; and
b
the bird is placed and remains in quarantine at that approved quarantine centre or approved quarantine facility in accordance with Articles 3(3) and (5), 4, 5 and 6 of Commission Decision 2000/666/EC and regulation 19.
4
Without prejudice to regulation 19(7), no person shall remove any animal from a border inspection post or a quarantine centre unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.
5
No person shall remove any animal from Customs temporary storage arrangements —
a
unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
b
to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
6
Subject to paragraphs (2) to (5), the person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004 .
7
Where a check at a border inspection post involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may, by notice served on the owner or the person appearing to him to be in charge of an animal, permit the owner or person so served to move the animal from the border inspection post, and require that owner or person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 22 shall apply as they apply at a border inspection post.
8
In the event of a notice served under paragraph (5)(b) or (7) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
Quarantine for captive birds
19
1
The provisions of Part I of Schedule 8 have effect in relation to approvals for quarantine centres and quarantine facilities pursuant to Commission Decision 2000/666/EC .
2
The quarantine manager shall ensure that the specific requirements for the quarantine of captive birds described in Part II of Schedule 8 are met.
3
The importer of a captive bird shall meet the costs of sampling undertaken during the captive bird’s quarantine and shall pay the charges of the official laboratory for testing and analysis of samples (including the post mortem removal of tissue for testing) required under Articles 4(1), (3), (4) and (5) or undertaken in connection with reaching a suspected or confirmed diagnosis of Chlamydia psittaci referred to in Article 5 of Commission Decision 2000/666/EC as that laboratory may demand in writing in accordance with paragraphs (4) and, as the case may be, (5) of this regulation.
4
For the purposes of testing and analysis of samples described in paragraph (3), the Veterinary Laboratories Agency (an executive agency of Defra) is designated the official laboratory and may make any charge as provided for in Part III of Schedule 8 for carrying out such testing and analysis.
5
A demand for payment of charges made by the Veterinary Laboratories Agency under this regulation may be addressed to the importer concerned at his last known address, whether or not it is his address for business.
6
No person may enter a quarantine centre or a quarantine facility unless —
a
he wears protective clothing and footwear; and
b
he meets at least one of the following criteria —
i
he is a member of staff at that quarantine centre or quarantine facility;
ii
he has been authorised so to enter by the Secretary of State or by a veterinary inspector; or
iii
he otherwise does so in fulfilment of a statutory function relating to animal health, animal welfare or species conservation which he is appointed by the Secretary of State or by the local authority to perform.
7
No person shall remove a live captive bird from a quarantine centre or quarantine facility unless a veterinary inspector has authorised the removal.
8
No person shall remove or dispose of a carcase of a captive bird which dies in quarantine unless a veterinary inspector has authorised the removal or disposal.
9
In so far as not provided for under regulation 30, an inspector shall have powers in relation to the quarantine of captive birds to —
a
enter a quarantine centre or quarantine facility to check compliance with these Regulations or with an approval granted under this regulation and Schedule 8, or to assess whether it is appropriate to grant such an approval;
b
inspect and arrange for copies of any documents or records (including those in electronic form) which he reasonably considers relevant for checking compliance as described in sub-paragraph (a); and
c
take such samples and carry out such inspections of a quarantine centre or quarantine facility and its equipment, and such clinical veterinary examinations, as are required under Commission Decision 2000/666/EC .
10
An inspector exercising powers under paragraph (9) shall produce, if required to do so, some duly authenticated document showing his authority to exercise those powers.
11
“Quarantine manager” means the person in charge of a quarantine centre or quarantine facility for which approval is required under the Decision.
Payment of fees
20
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
21
1
Subject to paragraph (2), where checks at a quarantine centre, quarantine facility or border inspection post or the test results referred to in regulation 18(7) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
2
Where the presence of avian influenza or Newcastle disease is found at a quarantine centre or quarantine facility as described in Article 4(4) of Commission Decision 2000/666/EC , a veterinary inspector shall —
a
kill and destroy all birds within the quarantine facility or at the unit at the quarantine centre where disease has been found, as required under Article 4(4)(a) of Commission Decision 2000/666/EC ; and
b
by notice impose the other measures provided for in Article 4(4),
except that in relation to Newcastle disease, he may instead serve notice specifying the terms on which the derogation in Article 4(5) is to be exercised.
3
Where during quarantine required under Commission Decision 2000/666/EC psittaciformes are suspected or found to be suffering Chlamydia psittaci, the veterinarian inspector shall by notice —
a
require the treatment of all birds in the consignment by means specified in that notice; and
b
extend the period of quarantine as required under Article 5 of Commission Decision 2000/666/EC .
4
A veterinary inspector serving a notice under paragraphs (2) and (3) shall serve it upon the quarantine manager or other person appearing to be in charge of the centre or facility at the time of service; and shall as soon as he practically can send a copy by way of information to the importer of the birds concerned.
Illegal consignments
22
1
Where checks at the quarantine centre, quarantine facility or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC , as amended by Council Directive 95/29/EC , a veterinary inspector shall, by notice served on the person appearing to him to be in charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or
c
re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box “details of re-consignment” in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.
4
If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to be in charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
23
1
On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and he shall not release them until authorised in writing by an authorised officer of the Secretary of State.
2
Paragraph (1) does not apply in the case of animals being dispatched directly to a slaughterhouse.
3
Animals of species to which paragraph (1) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and he shall not release them unless authorised in writing by an authorised officer of the Secretary of State.
Post-import controls
24
1
Where a veterinary inspector knows or suspects that import conditions (including requirements for the quarantine of imported animals) have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with, then the provisions of regulation 22 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART 4
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part 4
25
This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
26
No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004 .
Import procedure
27
The provisions of regulations 7 to 13, 16(2) and (3), 23 and 24 of these Regulations shall apply in relation to animals to which this Part applies.
PART 5
General
Outbreaks of disease in other states
28
1
This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state.
3
Such a declaration shall be published in such manner as the Secretary of State thinks fit.
4
Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.
Notification of decisions
29
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
30
1
Subject to regulation 10, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
31
The consignor, his representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
32
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
33
1
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
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
34
1
A person contravening any provision of these Regulations, other than those listed in paragraph (2), or any notice served under them shall be guilty of an offence.
2
The provisions referred to in paragraph (1) are those contained in:
a
regulation 19(3);
b
paragraph 6 of Part I of Schedule 4; and
c
paragraph 2 of Part I of Schedule 5.
3
A person guilty of an offence under regulation 32(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
4
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Transitional arrangements and disapplication of provisions
35
1
These Regulations shall apply to a captive bird which has been lawfully imported pursuant to the Importation of Birds, Poultry and Hatching Eggs Order 1979 at the date of the making of these Regulations as if the bird had been imported and, if it is in quarantine, placed in quarantine, in accordance with Part IV of these Regulations, and as if regulation 16(4) had no effect.
2
Part IV of Schedule 8 has effect in relation to any quarantine centre or quarantine facility in respect of which, at the date on which these Regulations come into force, a written approval as such for the purposes of Commission Decision 2000/666/EC has been granted by the Secretary of State and has not expired or been withdrawn by him.
3
To the extent specified in column 3 of the table in Schedule 9, and subject to paragraph (1), the provisions of the legislation listed in Schedule 9 shall not apply to —
a
imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies; or
b
imports of an animal to which an instrument in Schedule 7 applies from a country subject to that instrument.
Revocation
36
The Animals and Animal Products (Import and Export) (England) Regulations 2005 are revoked.
Ben Bradshaw
Parliamentary Secretary
Department for Environment, Food and Rural Affairs
19th May 2006
We consent to the making of these Regulations.
Frank Roy
Dave Watts
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 2006


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Coventry and Warwickshire Partnership National Health Service Trust (Establishment) Order 2006 and shall come into force on 1st October 2006.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act; and
“the trust” means the Coventry and Warwickshire Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Coventry and Warwickshire Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
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, 5 executive directors and 5 non-executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Warwick Medical School.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st October 2006.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State
Department of Health
14th September 2006


text:
Citation and commencement
1
These Rules may be cited as the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment No. 2) Rules 2006, and shall come into force on 27th November 2006.
Amendment of the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006
2
In rule 6 of the Asylum and Immigration Tribunal (Fast Track Procedure) (Amendment) Rules 2006 , for “the Schedule”, substitute “Schedule 1”.
Signatory text
Bridget Prentice
Parliamentary Under Secretary of State
Department for Constitutional Affairs
2nd November 2006


text:
Citation, commencement and effect
1
1
This Order may be cited as the Insurance Companies (Corporation Tax Acts) (Miscellaneous Amendments) Order 2006 and comes into force on 31st December 2006.
2
This Order has effect in relation to periods of account ending on or after 31 st December 2006.
Amendment of the Income and Corporation Taxes Act 1988
2
The Income and Corporation Taxes Act 1988 is amended in accordance with articles 3 to 8.
3
In section 76(8)(c) (expenses of insurance companies) for “Integrated Prudential Sourcebook” substitute “Insurance Prudential Sourcebook”.
4
1
Amend section 431 (interpretative provisions relating to insurance companies) as follows.
2
In subsection (2) —
a
after the definition of “free assets amount” insert —
“General Prudential Sourcebook” means the General Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000 ;
;
b
in the definition of “insurance company” at the end add “but does not include an insurance special purpose vehicle;”;
c
after the definition of “insurance company” insert —
“the Insurance Prudential Sourcebook” means the Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000;
“insurance special purpose vehicle” means any undertaking which assumes risks from insurance or reinsurance undertakings and which fully funds its exposure to such risks through the proceeds of a debt issue or some other financing mechanism where the repayment rights of the providers of such debt or other financing mechanism are subordinated to the reinsurance obligations of the undertaking;
;
d
omit the definition of “the Integrated Prudential Sourcebook”;
e
in the definition of “liabilities” —
i
in paragraph (a) for “chapter 7.3 of the Integrated Prudential Sourcebook” substitute “section 1.2 of the Insurance Prudential Sourcebook”;
ii
in paragraph (b) for “chapter 1.3 of that Sourcebook” substitute “section 1.3 of the General Prudential Sourcebook”; and
f
in the definition of “value” for “chapter 1.3,” onwards substitute —
section 1.3 of the General Prudential Sourcebook, as read with section 2.1 of the Insurance Prudential Sourcebook;
.
3
In subsection (2ZC)(d) —
a
for “shareholder’s” substitute “shareholders’”; and
b
for “transferor” substitute “transferee”.
5
In section 432A(8B) (apportionment of income and gains) in the definition of “inherited estate” for “Integrated Prudential Sourcebook” substitute “Insurance Prudential Sourcebook”.
6
In section 444AC (transfer of business: excess of assets or liabilities) —
a
in subsections (2), (2A) and (5) for “the element of the transferee’s line 31 figure representing the transferor’s long-term insurance fund” substitute “the transferee’s line 31 amount in relation to the transfer”; and
b
omit subsection (3).
7
In section 444AD(4)(b) (transfer of business: modification of section 83(2B)) for “the element of the transferee’s line 31 figure” substitute “the transferee’s line 31 amount in relation to the transfer”.
8
In section 755A (treatment of chargeable profits and creditable tax apportioned to company carrying on life assurance business) —
a
after subsection (4) insert —
4A
In any case where —
a
paragraph 4 of Schedule 26 to this Act applies to a dividend received by the UK company, and
b
but for this subsection, subsection (4) of section 804B of this Act would apply to that dividend,
the amount of credit for foreign tax in respect of that dividend shall be treated, for the purposes of that section, as wholly attributable to basic life assurance and general annuity business.
;
b
in subsection (8) omit “or 2”; and
c
omit subsection (9).
Amendment of the Finance Act 1989
9
In the Finance Act 1989 —
a
in section 83YA(11) (changes in value of assets brought into account: non-profit companies) in the definition of “with-profits fund”, and in section 83A(6) , for “Integrated Prudential Sourcebook” substitute “Insurance Prudential Sourcebook”; and
b
in section 88(3) for “section 76(5)” substitute “section 76(7)”.
Amendment of the Finance Act 1998
10
In section 42(5) of the Finance Act 1998 (which concerns the computation of profits of insurance companies chargeable to Case I or II of Schedule D) for “companies carrying on life insurance” substitute —
insurance companies (within the meaning of Chapter 1 of Part 12 of the Taxes Act 1988) in relation to their life assurance business
.
Amendment of the Finance Act 2002
11
In Schedule 26 to the Finance Act 2002 (loan relationships and derivative contracts) —
a
in paragraph 4(2A)(b) for “Rule 4.3.5 of the Integrated Prudential Sourcebook” substitute “Rule 3.2.5 of the Insurance Prudential Sourcebook;
b
in paragraph 12(1) —
i
after the entry relating to a hedging relationship between a relevant contract and an asset or liability insert —
Insurance Prudential Sourcebook (see sub-paragraph (15));
and
ii
omit the entry relating to the Integrated Prudential Sourcebook;
c
for paragraph 12(15) substitute —
15
“Insurance Prudential Sourcebook” means the Prudential Sourcebook for Insurers made by the Financial Services Authority under the Financial Services and Markets Act 2000.
.
Dave Watts
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2006


text:
Citation
1
This Order may be cited as the Leatherhead Trinity School (Designation as having a Religious Character) Order 2006.
Designation of School
2
1
The Leatherhead Trinity School, Aperdele Road, Leatherhead, Surrey KT22 7QT, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denominations in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England/Methodist.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
9th November 2006


text:
Name, commencement, application and interpretation
1
1
The title of this Order is the Health Professions Wales Abolition Order 2006 and it comes into force on 1 April 2006.
2
This Order applies to Wales.
3
In this Order —
“ HPW ” (“ PIC ”) means the body known as Health Professions Wales (Proffesiynau Iechyd Cymru) established by the 2004 Order ;
“local supervising authority” (“ awdurdod goruchwylio lleol ”) means the body exercising functions pursuant to articles 42(1)(b) and 43 of the Nursing and Midwifery Order 2001 ;
“the 2004 Order” (“ Gorchymyn 2004 ”) means the Health Professions Wales (Establishment, Membership, Constitution and Functions) Order 2004 ;
“the National Assembly ” (“ y Cynulliad Cenedlaethol ”) means the National Assembly for Wales;
Abolition of Health Professions Wales
2
HPW is abolished.
Revocation of Orders
3
The 2004 Order and the Health Professions Wales (Transfer of Staff, Property, Rights and Liabilities) Order 2004 are revoked.
Transfer of Staff
4
On 1 April 2006 —
a
subject to sub-paragraphs (b) and (c) the members of staff of HPW who immediately before that date, have a contract of employment with HPW will be treated as transferred from HPW and employed by Bro Morgannwg NHS Trust;
b
the members of staff of HPW who immediately before that date have a contract of employment with HPW and who are dealing wholly or mainly with the functions of a local supervising authority will be treated as transferred from HPW and employed by the National Assembly;
c
the members of staff of HPW who immediately before that date have a contract of employment with HPW and who are dealing wholly or mainly with the quality assurance of nursing and midwifery courses either on behalf of the National Assembly or the Nursing and Midwifery Council will be treated as transferred from HPW and employed by the National Assembly.
Transfer of all property and records
5
On 1 April 2006 —
a
subject to sub-paragraphs (b) and (c) all property will transfer to the National Assembly;
b
the lease referred to in the Schedule to this Order will transfer to the National Assembly;
c
the records held by HPW in relation to the exercise of the function of student awards given under section 63 of the Health Services and Public Health Act 1968 will be transferred to Bro Morgannwg NHS Trust.
Enforceability of rights and transfer of liabilities
6
1
Any right that was, immediately before 1 April 2006 enforceable by or against HPW is transferred to the National Assembly.
2
Any liability arising from the exercise of its functions that was, immediately before 1 April 2006 enforceable against HPW, is transferred to the National Assembly.
Winding up of the affairs of Health Professions Wales
7
1
The National Assembly must take such action as may be necessary for the winding up of the affairs of HPW including the preparation of the outstanding accounts of HPW.
2
The National Assembly must send the statement of accounts to the Auditor General for Wales before the 1 October 2006.
3
The Auditor General must —
a
examine and certify accounts submitted to him under paragraph (2); and
b
lay before the National Assembly a copy of them as certified together with a report on them.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
29 March 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 and shall come into force on 6th March 2006.
2
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the 1992 Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“ Council Tax Benefit Regulations ” means the Council Tax Benefit Regulations 2006 ;
“the Council Tax Benefit (State Pension Credit) Regulations ” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“the Housing Benefit Regulations ” means the Housing Benefit Regulations 2006 ;
“the Housing Benefit (State Pension Credit) Regulations ” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ;
“the consolidating Regulations ” means the Council Tax Benefit Regulations, the Council Tax Benefit (State Pension Credit) Regulations, the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations.
Continuity of the law
2
1
The coming into force of the consolidating Regulations does not affect the continuity of the law.
2
Anything done or having effect as if done under or for the purposes of a provision revoked by these Regulations has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Regulations, as if done under or for the purposes of that provision.
3
Any reference, whether express or implied, in the consolidating Regulations or any other instrument or document to a provision of the consolidating Regulations shall, in so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of any regulation revoked by these Regulations has effect, a reference to that corresponding provision.
4
Any reference, whether express or implied, in any instrument or document to a provision of a regulation revoked by these Regulations shall be construed, so far as is required for continuing effect, as including a reference to the corresponding provision of the consolidating Regulations.
Revocations
3
1
The provisions specified in column 1 of Schedule 1 to these Regulations are revoked to the extent specified in column 3 of that Schedule.
2
The revocations have effect subject to any relevant savings in Schedule 3.
Documents referring to revoked provisions
4
Any document made, served or issued after the consolidating Regulations comes into force which contains a reference to any of the regulations revoked by these Regulations shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Regulations.
Consequential amendments
5
The amendments specified in Schedule 2 to these Regulations, which are consequential upon the consolidating Regulations, shall have effect.
Transitional provisions and savings
6
1
The provisions of Schedule 3 to these Regulations (which contains transitional provisions and savings) shall have effect.
2
The revocation by these Regulations of any provision previously repealed subject to savings does not affect the continued operation of those savings.
Transitory modifications
7
The transitory modifications in Schedule 4 to these Regulations shall have effect.
Amending Orders
8
An order which is made under section 150 of the Social Security Administration Act 1992 after the consolidating Regulations have been made and which amends any of the Regulations scheduled to be revoked by these Regulations shall have the effect also of making a corresponding amendment of the consolidating Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
James Plaskitt
Parliamentary Under-Secretary of State,
Department for Work and Pensions
2nd February 2006


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Appointments Commission Regulations 2006 and shall come into force on 1st October 2006.
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977 ;
“ the Act ” means the Health Act 2006;
“ the Commission ” means the Appointments Commission ;
“commissioner” means a health and social care commissioner ;
“the chairman” means the chairman of the Commission;
“executive member” means an executive member of the Commission ;
“Executive Committee” means a committee of a Primary Care Trust appointed under regulation 9(1) of the Primary Care Trusts (Membership and Procedure) Regulations 2000 ;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the 1977 Act;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , Local Health Board , NHS trust or NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Secretary of State,
the Commission for Healthcare Audit and Inspection ,
the Dental Practice Board constituted under section 37(1) of the 1977 Act ,
the Health Protection Agency ,
the Independent Regulator of NHS Foundation Trusts ,
the National Assembly for Wales,
the Wales Centre for Health ,
the Northern Ireland Central Services Agency for Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ,
the Department of Health, Social Services and Public Safety for Northern Ireland,
a body in relation to which a direction has been given under section 58, 60 or 61 of the Act , or
a body which falls within paragraph (3) ;
“health service hospital” has the meaning given by section 128(1) of the 1977 Act;
“non-executive member” means a non-executive member of the Commission ;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the 1977 Act or under regulations corresponding to that section made under section 28X(4) of that Act (persons performing primary medical and dental services), or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the 1977 Act for England and Wales;
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the 1977 Act;
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the 1977 Act as the list existed on or before 31st March 2004,
a list of persons undertaking to provide general dental services prepared in accordance with regulations under section 36 of the 1977 Act as the list existed on or before 31st March 2006,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1) of the 1977 Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general dental services prepared in accordance with regulations under section 43D(1) of the 1977 Act as the list existed on or before 31st March 2006, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31st March 2004;
“sentence of imprisonment” does not include a committal —
in default of payment of any sum of money,
for want of sufficient distress to satisfy any sum of money, or
for failure to do or abstain from doing anything required to be done or left undone.
3
A body falls within this paragraph if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body’s chairman, or any non-executive member of the body, have been entered into under section 63(4) of the Act and remain in force.
Membership of the Commission
2
1
For the purposes of paragraph 2(b) of Schedule 4 to the Act, the prescribed number of non-executive members is five.
2
For the purposes of paragraph 2(d) of Schedule 4 to the Act, the prescribed number of executive members is four.
Membership of the Health and Social Care Appointments Committee
3
The prescribed maximum number of persons to be appointed to the Health and Social Care Appointments Committee for the purposes of paragraph 10(3)(c) of Schedule 4 to the Act is nine .
Period of office of chairman, non-executive members and commissioners
4
1
Subject to regulation 7 (termination of office of chairman, non-executive members and commissioners), the period of office of the chairman, non-executive members and commissioners shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
2
Where the chairman or a non-executive member ceases to hold office on the expiry of his period of office, or under regulation 7, he shall cease to be a member of the Commission.
3
Subject to regulation 5 (disqualification for appointment), the chairman and any non-executive member or commissioner shall, on the expiry of his period of office, be eligible for re-appointment.
Disqualification for appointment
5
1
Subject to regulation 6 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-executive member or commissioner if —
a
he has, within the preceding 5 years —
i
been convicted in the United Kingdom of any offence or been convicted elsewhere of any offence which, if committed in any part of the United Kingdom would constitute a criminal offence; and
ii
been sentenced to a sentence of imprisonment (whether suspended or not), and
neither the conviction has been quashed nor the sentence reduced to a sentence other than a sentence of imprisonment (whether suspended or not) on appeal;
b
he is the subject of a bankruptcy restrictions order or interim bankruptcy restrictions order;
c
he has had a sequestration of his estate awarded and has not been discharged;
d
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the 1977 Act and was not subsequently nominated or approved or included in a primary care list,
iii
has been refused admission to a primary care list under section 49F of the 1977 Act , or on grounds corresponding to any of the conditions referred to in section 49F(2), (3) or (4) of the 1977 Act, and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list under section 49F of the 1977 Act, or on grounds corresponding to any of the conditions referred to in section 49F(2), (3) or (4) of the 1977 Act, or by a direction of the NHS Tribunal, and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the 1977 Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland or Northern Ireland;
f
he is a chairman or a member of —
i
a Strategic Health Authority,
ii
a Special Health Authority,
iii
a Primary Care Trust, or
iv
a Local Health Board;
g
he is a chairman or a director of an NHS trust;
h
he is a chairman or a non-executive director of an NHS foundation trust;
i
he is a chairman or a member of an Executive Committee;
j
he is a person whose tenure of office as the chairman or as a member, director or governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management, of the health service body or the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more,
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
k
he holds any paid appointment or office with a health service body;
l
he holds an appointment as —
i
a special trustee for a health service hospital,
ii
a trustee for an NHS trust or NHS foundation trust, or
iii
a trustee for a Primary Care Trust;
m
he is the chairman or another member of the Independent Regulator of NHS Foundation Trusts;
n
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1989 or the Company Directors Disqualification (Northern Ireland) Order 2002 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
o
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
iii
removed as a director, trustee or committee member of a registered social landlord .
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(d), a person shall not be treated as having been in paid employment by reason only of his having been —
a
the chairman or a non-executive director of an NHS trust;
b
the chairman, or a governor or non-executive director, of an NHS foundation trust; or
c
in the case of any other health service body, the chairman or a non-officer member of the body.
Cessation of disqualification
6
1
Subject to paragraph (2), a person who is disqualified under regulation 5(1)(d) or (o) may, after the expiry of two years beginning on the date on which he was dismissed or removed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification, no further application may be made by that person until the expiry of the period of two years beginning with the date of the application, and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 5(1)(j), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office, but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of office of chairman, non-executive members and commissioners
7
1
The chairman or a non-executive member or commissioner may resign his office at any time during his period of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Commission or of the health service that the chairman or a non-executive member or commissioner should continue to hold office, the Secretary of State may immediately remove that person from the office of chairman, non-executive member or commissioner (as the case may be) by giving him notice in writing to that effect.
3
If the chairman or a non-executive member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall immediately remove him from office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Commission within such a period as the Secretary of State considers reasonable.
4
If a commissioner fails to attend any meeting of the Health and Social Care Appointments Committee for a period of three months the Secretary of State shall immediately remove him from office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of that committee within such a period as the Secretary of State considers reasonable.
5
Where a person has been appointed to be the chairman or a non-executive member or commissioner, and he becomes disqualified for appointment under regulation 5, he shall notify the Secretary of State in writing of such disqualification.
6
Where a person has been appointed to be the chairman or a non-executive member or commissioner, and it comes to the notice of the Secretary of State (whether under paragraph (5) or otherwise) that at the time of his appointment or later he was disqualified for appointment under regulation 5 —
a
the Secretary of State shall declare that the person in question was not duly appointed or (as the case may be) became disqualified after appointment;
b
the Secretary of State shall remove him from office by notifying him in writing to that effect; and
c
upon receipt of such notification, he shall cease to act as chairman, non-executive member or commissioner.
7
This paragraph applies to any provision made by the Commission under paragraph 11 of Schedule 4 to the Act that requires the chairman or a non-executive member or commissioner —
a
to disclose any pecuniary interest in any contract, proposed contract or other matter that is the subject of consideration of any meeting of the Commission, or of a committee or sub-committee of the Commission; or
b
not to take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
8
Where it appears to the Secretary of State that the chairman or a non-executive member or commissioner has failed to comply with a provision to which paragraph (7) applies, the Secretary of State may immediately remove him from office by giving him notice in writing to that effect.
Suspension of chairman, non-executive members and commissioners
8
1
The Secretary of State may suspend the chairman or a non-executive member or commissioner from office while the Secretary of State considers whether —
a
to remove him from office under regulation 7(2) or (8); or
b
the person is disqualified for appointment under regulation 5, or was so disqualified for the purposes of regulation 7(6).
2
The Secretary of State shall notify a person suspended under paragraph (1) of the decision to suspend him from office, and the decision shall take effect upon receipt of such notification.
3
Subject to paragraphs (4) and (5), a period of suspension under paragraph (1) shall not exceed 6 months.
4
The Secretary of State may at any time review a suspension and shall review a suspension after 3 months if so requested by the person who has been suspended.
5
Where the Secretary of State reviews a suspension he may —
a
revoke the suspension, in which case it shall cease to have effect, or
b
suspend the person from office for a further period of not more than 6 months from the expiry of the current period of suspension.
Remuneration and allowances of chairman, non-executive members and commissioners
9
1
The Secretary of State may determine the amount of the remuneration and allowances that the Commission is to pay the chairman, non-executive members and commissioners.
2
Payments under this regulation shall be made at such times and in such manner and subject to such conditions as to the Secretary of State may determine.
Functions of the Commission
10
1
The Commission may —
a
administer schemes relating to the payment, to chairmen and non-executive members of relevant bodies, of remuneration and allowances falling to be determined by the Secretary of State;
b
publish or otherwise make available information as to the terms and conditions applying to chairmen and non-executive members of relevant bodies, including information as to such remuneration and allowances;
c
assist the Secretary of State in connection with the implementation of decisions as to the payment of such remuneration and allowances;
d
advise the Secretary of State in connection with the payment of such allowances to such persons;
e
advise the Secretary of State generally on matters relating to appointments to —
i
relevant bodies;
ii
NHS foundation trusts; or
iii
bodies which fall within paragraph (3).
2
For the purposes of paragraph (1), “relevant body” means a body in relation to which a direction may be given under section 58, 60 or 61 of the Act.
3
A body falls within this paragraph if arrangements providing for the Commission to assist in the exercise of any power relating to appointment of the body’s chairman, or any non-executive member of the body, may be entered into under section 63(4) of the Act.
Payments by Secretary of State
11
The functions that the Commission may exercise under regulation 10(1) are prescribed as functions for the purposes of paragraph 18(2)(b) of Schedule 4 to the Act (prescribed functions in respect of the performance of which the Secretary of State may make annual payments to the Commission under paragraph 18(1)(a) of that Schedule).
Revocation
12
The National Health Service Appointments Commission Regulations 2001 are hereby revoked.
Signed by authority of the Secretary of State for Health
Andy Burnham
Minister of Health
Department of Health
4th September 2006


text:
Citation, commencement and application
1
1
These Regulations may be cited as The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2006 and shall come into force on 6th April 2006.
2
These Regulations apply in relation to England only.
Educational establishments specified for certain purposes of the Housing Act 2004
2
An educational establishment is specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004 where —
a
it is listed in the Schedule to these Regulations; and
b
it is listed as the relevant educational establishment in respect of a building —
i
listed in the Schedule of The Universities UK /Standing Conference of Principals Code of Practice for the Management of Student Housing dated 20th February 2006 ; or
ii
listed in the second column of Schedule 1 of the Accreditation Network UK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 20th February 2006 .
Signed by authority of the Secretary of State
Kay Andrews
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
9th March 2006


text:
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Queenborough Improvement) (Derestriction) Order 2006 and shall come into force on 31st July 2006.
2
The lengths of the new Trunk Road specified in the Schedule to this Order shall cease to be restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984.
3
In this Order:
“the new Trunk Road” means the new Trunk Road on the Isle of Sheppey in the Borough of Swale in the County of Kent constructed in pursuance of the A249 Trunk Road (Iwade Bypass to Neatscourt roundabout and Bridge) Order 2000
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
Department for Transport
14th July 2006


text:
Citation and commencement
1
These Regulations may be cited as the Police (Complaints and Misconduct) (Amendment) Regulations 2006 and shall come into force on 22nd June 2006.
Amendment of the Police (Complaints and Misconduct) Regulations 2004
2
1
The Police (Complaints and Misconduct) Regulations 2004 are amended in accordance with this regulation.
2
In regulation 2 (reference of complaints to the Commission), in each of paragraphs (3)(a) and (4)(a) omit “working”.
3
In regulation 5(3) (recording and reference of conduct matters), in each of sub-paragraphs (a) and (b) omit “working”.
4
After regulation 5 insert the following regulation —
Reference of Death or Serious Injury ( DSI ) matters
5A
Any DSI matter which is required to be referred to the Commission shall be referred in such manner as the Commission specifies and —
a
in a case where the Commission directs that the matter be referred to it, not later than the end of the day following the day on which the Commission so directs;
b
in any other case, not later than the end of the day following the day on which the matter first comes to the attention of the appropriate authority.
5
In regulation 6 (power of Commission to impose requirements in relation to an investigation which it is supervising), in each of paragraphs (1) and (2), for the words “or recordable conduct matter” substitute “, recordable conduct matter or DSI matter”.
6
In regulation 7 (power of Commission to discontinue an investigation) —
a
in paragraph (2)(c) for “or conduct matters” substitute “, conduct matters or DSI matters”;
b
in paragraph (3) for “or conduct matter” substitute “, conduct matter or DSI matter”.
7
In regulation 11 (manner in which duties to provide information are to be performed), in each of paragraphs (2) and (3) for “or conduct matter” substitute “, conduct matter or DSI matter”.
8
In regulation 20(2)(a) (relinquishing the Commission’s supervision or management of an investigation), after “the complainant” insert “, any interested person within the meaning of section 21 of the 2002 Act”.
9
In regulation 24 (keeping of records), after paragraph (b) insert the following paragraph —
ab
every DSI matter recorded by it or him under paragraph 14A of Schedule 3 to the 2002 Act;
.
10
Omit regulation 26(5) (delegation of powers and duties by chief officer).
Tony McNulty
Minister of State
Home Office
24th May 2006