text:
Citation, commencement and revocation
1
1
These Regulations may be cited as The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2001 and shall come into force on 1st December 2001.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2000 and The Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2001 are hereby revoked.
Interpretation
2
In these Regulations: —
“the ECMT Council” means the Council of Ministers of the European Conference of Ministers of Transport;
“ECMT licence” means a licence granted pursuant to the scheme adopted by Resolution No. 26 of the ECMT Council of 14th June 1973 ;
“Ecopoints” means Ecopoints issued pursuant to Council Regulation ( EEC ) No. 3637/93 on a system of distribution of Rights of Transit (Ecopoints) for heavy goods vehicles with a laden weight of over 7.5 tonnes registered in a Member State transiting through Austria;
“empty permit” means a permit to travel on Swiss territory granted for goods vehicles that are empty or are transporting light loads;
“full-weight permit” means a permit to travel on Swiss territory granted for goods vehicles the actual total laden weight of which is more than 34 tonnes but not more than 40 tonnes;
“journey permit” means a permit issued pursuant to an agreement or arrangement mentioned in column 1 of the Schedule to these Regulations under the provision or one of the provisions of the agreement or arrangement mentioned opposite thereto in column 2 of that Schedule and providing for the number of outward and inward journeys stated in the permit;
“removals authorisation” means an authorisation for removals carriage carried out by undertakings having special staff and equipment for the purpose granted in accordance with Resolution No. 53 of the ECMT Council of 29th and 30th May 1985 amending Resolution No. 44 of that Council of 1st June 1978 concerning the regulations governing international transport by road and the liberalisation of certain types of such transport; and
“Swiss permit” means a full-weight or empty permit issued pursuant to European Parliament and Council Regulation ( EC ) No. 2888/2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland.
Fees
3
1
The fee payable on the issue of an ECMT licence shall be —
a
£107 if it is valid for a period of one year; or
b
if it is valid for a period of less than one year, a fee at the rate of £27 for each period for which it is valid being —
i
a complete period of three months; or
ii
a period of less than three months following any complete period of three months covered by the licence; or
iii
a period of less than three months which is not followed by a complete period of three months covered by the licence.
2
The fee payable on the issue of Ecopoints covering one journey, whether outward or inward, in respect of which they are issued shall be £3.
3
The fee payable on the issue of a journey permit shall be —
a
£6 if the permit covers one outward and inward journey; or
b
£11 if the permit covers 4 outward and inward journeys to Turkey; or
c
£41 if the permit covers 15 outward and inward journeys to Morocco.
4
The fee payable on the issue of a removals authorisation shall be £14.
5
The fee payable on the issue of a Swiss permit shall be £6.
6
All fees received under these Regulations shall be paid into the Consolidated Fund.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
4th November 2001
We consent to the making of these Regulations
Tony McNulty
Nick Ainger
Two of the Commissioners of Her Majesty’s Treasury
5th November 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Somerset) (District of Taunton Deane) Order 2001 and shall come into force on 19th February 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Taunton Deane with the exception of the M5 motorway for the whole of its length in the District together with its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
25th January 2001


text:
1
This Order may be cited as the Thurrock College and Basildon College (Dissolution) Order 2001, and shall come into force on 1st August 2001.
2
On 1st August 2001 both of the corporations shall be dissolved and all of their property, rights and liabilities shall be transferred to Thurrock and Basildon College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by either of the corporations immediately before 1st August 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2001;
c
to the transferor were to the corporation in question; and
d
to the corporation were to Thurrock and Basildon College.
Margaret Hodge
Minister of State,
Department for Education and Skills
9th July 2001


text:
Title, commencement, extend and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) Regulations 2001; they extend to England and come into force on 13th July 2001.
2
These Regulations shall apply until midnight on 20th July 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/356/ EC of 4th May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC ;
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Import and dispatch of live animals
3
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another Member State.
Dispatch of fresh meat
4
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from cutting plants under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ) or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat );
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored seperately from meat which is not destined for dispatch.
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared and slaughtered outside the restricted area;
ii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations);
iii
the plant is operated under strict veterinary control; and
iv
the meat, minced meat and meat preparations are clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for despatch.
4
Meat, minced meat or meat preparations consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of meat products
5
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products , or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and sorted separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
6
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 to Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 to Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commerical document accompanying the consignment.
Dispatch of milk products
7
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) or regulation 6;
c
milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and
d
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in establishments under the following conditions —
i
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the restricted area;
iii
the establishment shall be under strict veterinary control; and
iv
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1 February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch,
4
Milk products consigned to another Member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) if such compliance is stated in the commerical document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, etc.
8
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos —
a
produced before 1st February 2001; or
b
imported into the United Kindom in accordance with the conditions laid down in Council Directives 88/407/EEC and 89/556/EEC respectively, and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and imporation from third countries of embryos of domestic animals of the the bovine species ) accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of hides and skins
9
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either —
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC .
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Dispatch of animal products
10
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation of 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annnex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an offficial certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 12 of these Regulations.
6
Paragraphs (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 12.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commerical document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
11
1
The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
12
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
13
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of Equidae
14
1
Any person exporting equidae to another Member State shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
A veterinary inspector shall only issue a certificate referred to in paragraph (1) if —
a
he is satisfied that the animal has not come from a holding in relation to which a notice in Form A or Form D is in effect in accordance with the Foot-and-Mouth Disease Order 1983 (“the 1983 Order ”);
b
he has inspected the animal and is satisfied that it has been groomed to remove as far as practicable visible faeces, dirt and debris and that its hooves have been cleaned and disinfected to his satisfaction; and
c
the owner of the animal or the owner’s representative has given a written declaration to the veterinary inspector stating that the equine animal will remain on the holding until sent to the place of destination stated in the health certificate, without stopping at any holding in relation to which a notice in Form A or Form D is in effect in accordance with the 1983 Order.
3
The health certificate accompanying equidae exported to another Member State in accordance with the provisions of this article shall bear the following words:
Equidae conforming to Commission Decision 2001/356/EC of 4 May 2001, concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom.
4
Paragraph (1) shall not apply to equidae in transit from outside the United Kingdom which are accompanied by a valid health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae.
Offers to dispatch or export goods
15
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
16
1
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, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, 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 these Regulations, 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
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
17
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
18
1
Where an inspector knows or suspects that animals or animal products are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Obstruction
19
1
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 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.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
20
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) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
21
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 15 or regulation 19(1)(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.
3
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.
Certificates, etc. issued in Northern Ireland, Wales or Scotland
22
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State or the Minister, an equivalent certificate, licence or approval issued in Northern Ireland, Wales or Scotland by the relevant competent authority is valid.
Enforcement
23
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocation
24
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 8) Regulations 2001 are revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Dated 11th July 2001


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Family Health Services Appeal Authority (Primary Care Act) Regulations 2001 and shall come into force on 14th December 2001.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977 ;
“ Chairman ” means the chairman of a panel to which a case is allocated;
“the complainant” means a Health Authority or other person who has made representations under paragraph 3 of Schedule 1 to the Primary Care Act ;
“the FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the 1977 Act ;
“doctor” means a registered medical practitioner, other than one acting in the capacity of an ophthalmic medical practitioner;
“inquiry” means an inquiry held under the provisions of these Regulations;
“panel” shall be construed in accordance with regulation 5(1);
“the Primary Care Act” means the National Health Service (Primary Care) Act 1997;
“ the President ” means the President of the FHSAA and includes any Deputy President;
“proceedings” means any proceedings before the FHSAA relating to representations and includes inquiries, hearings and hearings of preliminary matters; and
“representations” means representations made by a complainant to the FHSAA in accordance with these Regulations under paragraph 3(1) or (2) of Schedule 1 to the 1997 Act .
2
In these Regulations —
a
any reference to any document being signed by a party to proceedings shall include signature on behalf of such a person by a person who is properly authorised to do so; and
b
a reference —
i
to a numbered Part is to the Part bearing that number,
ii
to a numbered regulation is to the regulation bearing that number, and
iii
to a numbered paragraph in a regulation is to the paragraph bearing that number in that regulation.
PART II
PROCEDURE AND HEARINGS
Directions as to procedure
3
The President may give practice directions applying generally to proceedings under these Regulations, and subject to any such directions, a Chairman presiding over any such proceedings may give procedural directions, order pre-hearing reviews and generally determine the procedure to be followed.
Making of representations and preliminary matters
4
1
Representations to the FHSAA under paragraph 3 of Schedule 1 to the Primary Care Act that the inclusion of a practitioner’s name in a medical list would be prejudicial to the efficiency of general medical services shall be made in the form of a notice in accordance with this regulation.
2
Subject to paragraphs (3) and (4), the representations referred to in paragraph (1) shall —
a
be made in writing;
b
be signed by or on behalf of the complainant; and
c
include the following information —
i
the name and address of the doctor and his professional registration number, if known,
ii
the name and address of the complainant,
iii
where relevant, the name and address of any solicitor or other representative of the complainant and whether the FHSAA should correspond with that person instead of with the complainant,
iv
a concise statement of the alleged facts and the grounds on which the complainant relies in asserting that the doctor’s inclusion in a Health Authority’s medical list would be prejudicial to the efficiency of the service,
and shall be sent to the FHSAA .
3
The notice shall be sent to the FHSAA before the end of the period of two weeks beginning with the date of publication by the Health Authority under regulation 14(a) of information about the practitioner’s application for his name to be included in the medical list.
4
The complainant shall, if required to do so by the FHSAA, send within 14 days of being so required a further statement setting out —
a
more detail about the alleged facts or the grounds on which the representations are made;
b
where a fact is not within the personal knowledge of the person signing the representations, the source of the information and why it is considered to be true; and
c
such further particulars as the FHSAA may require.
5
Where an inquiry is to be held, the FHSAA shall give —
a
to the doctor, notice in writing that the FHSAA is holding an inquiry as to the representations made by the complainant;
b
to the complainant, notice in writing that the FHSAA is holding an inquiry as to the representations and requiring the complainant, within a time specified in the notice, to send to the FHSAA a copy of any document which is proposed to be put in evidence.
6
The FHSAA shall, as soon as is practicable, send to the doctor —
a
a copy of the notice provided by the complainant under paragraph (2)(c);
b
a copy of any further statement furnished under paragraph (4);
c
a copy of any document provided by the complainant in accordance with paragraph (5)(b); and
d
a notice informing him that he may, by a statement in writing to be sent to the FHSAA within a time specified in the notice, admit or dispute the truth of all or any of the allegations appearing in any statement sent to him under sub-paragraph (a) or (b) of this paragraph.
7
Once a case has been allocated to a panel in accordance with regulation 5(2), the complainant or the doctor may, with the leave of the panel, amend any written statement at any time, including at the hearing and the panel may grant leave on such terms as it thinks fit.
Composition of panels and allocation of cases
5
1
The President shall ensure that any panel to which a case is allocated under paragraph (2) for the purpose of these Regulations comprises three members, including, unless the President decides otherwise —
a
one member who is a medical practitioner within paragraph 6(a) of Schedule 9A to the 1977 Act, and
b
one member who does not fall within any of sub-paragraphs (a) to (d) of paragraph 6 of that Schedule and does not have a legal qualification.
2
After the FHSAA has sent a doctor the copy notice referred to in regulation 4(6)(a), the President shall allocate the case to a panel.
Withdrawal of representations and suspension of procedures
6
1
The complainant may at any time before the inquiry, with the consent of the FHSAA and on such terms as it thinks fit, withdraw any representations by giving notice of withdrawal to the FHSAA.
2
If the complainant fails to comply within the time allowed by the FHSAA for such compliance, with any requirement imposed under regulation 4, or fails, without having previously offered a reasonable excuse, to appear at a hearing of which due notice was given under regulation 7, the FHSAA may treat the representations as having been withdrawn.
3
Subject to paragraph (4), where representations are withdrawn or treated as withdrawn the FHSAA shall immediately so inform the doctor in writing.
4
The FHSAA may also direct that no further steps shall be taken for the time being under this Part in any other circumstances where it appears to the FHSAA that it would be appropriate so to direct.
Notice of hearing
7
1
The FHSAA shall, whether or not on an application by any party, appoint a day for the hearing and shall, not less than 14 days before that day, send notice to the parties of the date, time and place of the hearing.
2
The FHSAA may send to any Health Authority which is not a party to the proceedings but on whose list the doctor’s name is included, or on whose list the doctor is seeking to be included, a notice of the date, time and place of the hearing.
3
The FHSAA may, whether or not on an application by any party to the proceedings, postpone the date of the hearing, and the provisions of paragraphs (1) and (2) shall apply as respects the postponed hearing.
Hearings
8
1
Subject to paragraph (2), the hearing shall be in public.
2
A hearing, or any part of it, may be in private where the panel consider it reasonable in all the circumstances, but it must not be in private if the doctor has requested that it be in public.
3
Subject to paragraph (5), where the hearing or any part of it is in private, no person shall be admitted to it unless he is —
a
a party to the proceedings,
b
an officer of a Health Authority to which notice has been sent under regulation 7(2), or
c
a person entitled to represent a party to the proceedings, or a Health Authority to which a notice has been sent under regulation 7(2).
4
A panel, with the consent of the parties, may permit any other person to attend a hearing or any part of a hearing which is held in private.
5
A Health Authority may be represented at the hearing by a member or an officer or by counsel or solicitor and any other party may be represented at the hearing by counsel or solicitor or by any other person.
6
The following persons shall be entitled to attend a hearing under these Regulations, whether or not it is held in public —
a
the President or any member of the FHSAA, notwithstanding that he is not a member of the panel for the purposes of the hearing,
b
a member of the Council on Tribunals,
but such persons shall not take part in the proceedings or in the making of any decision by a panel.
Procedure at hearings
9
At a hearing either party may —
a
address the panel;
b
call witnesses and produce other evidence, including evidence not produced prior to the hearing; and
c
put questions to any person giving evidence on behalf of the other party.
Participation of other Health Authorities at hearings
10
A Health Authority to which notice has been sent under regulation 7(2) may take such part in the proceedings as the panel considers is appropriate.
Hearings in a party’s absence
11
1
Where any party to whom notice of the hearing has been sent in accordance with regulation 7 fails to appear at the hearing, either in person or by a representative, the panel may, taking into account all the circumstances, including any explanation offered for the absence, proceed with the hearing notwithstanding that party’s absence.
2
Subject to any directions, orders or other instructions given under regulation 3 and to any other provisions of this Part, the procedure at the hearing shall be for the panel to decide.
Application of section 250(2) and (3) of the Local Government Act 1972
12
Section 250(2) and (3) of the Local Government Act 1972 (summoning of witnesses, evidence, etc. ) shall apply to an inquiry and hearing under these Regulations as though the FHSAA were a person appointed to hold a local inquiry under that section.
Inquiry into representations
13
1
Subject to paragraph (2), the inquiry shall proceed by way of an oral hearing before a panel in accordance with regulations 8 to 12.
2
Where a doctor has stated in writing that he does not want an oral hearing, the panel may decide the case on such documentary evidence as may have been submitted to the FHSAA.
3
At the conclusion of the inquiry the FHSAA shall, as soon as is practicable, issue a decision in writing, signed by the Chairman of the panel which presided over the inquiry, containing —
a
the panel’s findings of fact;
b
its conclusions;
c
any decision that the FHSAA give a direction under paragraph 4(1) or 5, as the case may be, of Schedule 1 to the Primary Care Act; and
d
a statement of the reasons for the decision.
4
The FHSAA shall send a copy of the decision to the doctor, the complainant, the Secretary of State and any Health Authority which was sent notice of the hearing under regulation 7(2).
5
Where the decision contains a direction under paragraph 4(1) of Schedule 1 to the Primary Care Act, the FHSAA shall include with the decision a notice to the doctor of his right of appeal under section 11(1) of the Tribunals and Inquiries Act 1992 in respect of that decision.
PART III
MISCELLANEOUS PROVISIONS
Publication of information about applications involving preferential treatment
14
Health Authorities shall publish in such manner as they think fit information about —
a
applications made to them for inclusion in their medical lists, including the name of any doctor to whom paragraph 1 of Schedule 1 to the Primary Care Act applies; and
b
the rights of persons to make representations against such applications.
Publication of directions
15
The FHSAA shall publish any direction it has given under paragraph 4(1) or 5 of Schedule 1 to the Primary Care Act, or any disqualification imposed or removed to which paragraph 6 of that Schedule applies, in such manner as it thinks fit.
Costs
16
All parties and any Health Authorities to which notice has been sent under regulation 7(2) shall bear their own costs in, and section 250(5) of the Local Government Act 1972 (costs) shall not apply to, FHSAA proceedings under Schedule 1 to the Primary Care Act.
Service of documents
17
Any notice or other document required or authorised by any provision of these Regulations to be served on any person or to be given or sent to any person may be served, given or sent —
a
by delivering it or sending it by post to him at his usual or last-known address;
b
in the case of the FHSAA by delivering it or sending it by post to its office ;
c
in the case of a Health Authority, by delivering or sending it by post to their chief officer at their principal office;
d
in the case of a person represented by —
i
a solicitor, by delivering it or sending it by post to that solicitor at his professional address,
ii
any other person, by delivering it or sending it by post to that other person at his usual or last-known address.
Power to dispense with requirements as to notices
18
Notwithstanding the preceding provisions of these Regulations, the FHSAA may dispense with any requirements of these Regulations respecting notices, applications, documents or otherwise in any case where it appears to it to be just and proper to do so.
Power to extend time limits
19
1
Where, by virtue of provisions of these Regulations —
a
a person is required —
i
to provide documents or reasons,
ii
to make any statement or representations, or
iii
to admit or dispute the truth of an allegation,
within a time specified in or under that provision; and
b
that person applies (whether before or after the expiry of the time so specified) to the FHSAA in accordance with paragraph (2) for that time to be extended,
the FHSAA may, where it is satisfied that it is in all the circumstances reasonable to do so, extend that time by such further period as it shall specify.
2
An application under paragraph (1) shall be made in writing and shall include a statement as to the reasons for making the application.
Reviews of paragraph 4(1) directions
20
1
Subject to paragraph (2), where a doctor is subject to a paragraph 4(1) direction he may not request a review before the end of the period of —
a
two years beginning with the date the paragraph 4(1) direction was given, or
b
one year beginning with the date of the FHSAA’s decision on the last such review.
2
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by it in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period specified in paragraph (1)(a) or (b) shall be reduced to the period that has already elapsed.
3
Where a doctor requests a review under paragraph (1), the President shall issue directions under regulation 3 as to which of the provisions of these Regulations are to apply, including those relating to the holding of an inquiry.
4
In this regulation —
“a paragraph 4(1) direction” means a direction given by the FHSAA under paragraph 4(1) of Schedule 1 to the Primary Care Act, and includes a direction given by the Tribunal under regulation 7 of the Abolition of the Tribunal (Consequential Provisions) Regulations 2001 ;
“a paragraph 5 direction” means a direction given by the FHSAA under paragraph 5 of that Schedule that a paragraph 4(1) direction be terminated; and
“review” means the making of representations by a doctor to the FHSAA that a paragraph 5 direction be made.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd November 2001


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 3) Order 2001 and shall come into force on 23rd April 2001.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2000 shall be amended with effect from 23rd April 2001 as follows.
4
In paragraph 1.2 —
a
for the definition of “advanced skills teacher” there shall be substituted the following definition —
“advanced skills teacher” means a teacher who —
on or before 31st July 2000 was certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to an advanced skills teacher post;
has been certified as eligible for appointment to an advanced skills teacher post in accordance with paragraph 31B.5 or paragraph 31C.6; or
has been certified by an assessor as eligible for appointment to an advanced skills teacher post while he was employed in a teaching post other than as a teacher (as defined in paragraph 1.2),
and who has been appointed to an advanced skills teacher post; and
in the definition of “unlawful discrimination” after the words “threshold assessments” there shall be inserted the words “or advanced skills teacher assessments”.
5
After paragraph 31 there shall be inserted the following paragraphs —
Appointment of assessors in relation to the certification of advanced skills teachers
31A.1
The Secretary of State shall make arrangements for the appointment of assessors for the purposes of paragraphs 31B and 31C.
31A.2
Where a teacher seeks a review under paragraph 31C of an assessment under paragraph 31B.5, the Secretary of State shall make arrangements for the appointment of a review coordinator and for the allocation of an assessor who has not been involved in the assessment of which a review is sought to act as the review officer.
31A.3
Where a complaint under paragraph 31C.10 of unlawful discrimination in relation to a review is upheld under paragraph 31C, the Secretary of State shall make arrangements for the allocation of an assessor who has not been involved in the assessment or review to act as a replacement review officer.
31A.4
The Secretary of State may make arrangements for the allocation of a new assessor in place of an existing assessor at any time.
31A.5
The Secretary of State shall make arrangements for the quality of assessments under paragraph 31B.5 to be monitored, and for the determination of complaints by head teachers against assessors.
31A.6
An assessor appointed for the purposes of paragraph 31B or 31C shall exercise his functions without unlawful discrimination.
31A.7
In paragraphs 31A to 31C —
“assessor” means an assessor appointed under arrangements made by the Secretary of State for Education and Employment for the purposes set out in paragraphs 31B and 31C on such terms and conditions as the Secretary of State thinks fit;
“completed application” means an application for a certificate of eligibility for appointment to an advanced skills teacher post which has been prepared by a teacher and completed in accordance with paragraph 31B.3.2; and
“line manager” means the person designated by a head teacher’s or an unattached teacher’s employer as his line manager for the purposes of paragraph 31B.
Certification of advanced skills teachers
31B.1
Subject to paragraph 31B.12, no teacher shall be eligible to be paid as an advanced skills teacher unless he has been certified by an assessor as eligible for appointment to an advanced skills teacher post in accordance with paragraph 31B.5 or paragraph 31C.6 and he has been so appointed.
31B.2
Paragraphs 31B.3 to 31B.11 apply where a teacher who has not previously been certified as eligible for appointment to an advanced skills teacher post under paragraph 31B.5 applies for appointment to such a post.
31B.3.1
The teacher shall prepare a written application for a certificate of eligibility for appointment to an advanced skills teacher post, and he shall give it to —
a
the head teacher of the school at which he is employed as a teacher;
b
in the case of a teacher who is not employed as a teacher when he makes his application, the head teacher of the school at which he was most recently employed as a teacher; or
c
in the case of a head teacher or an unattached teacher, his line manager.
31B.3.2
The head teacher or line manager shall within 20 working days of being given the application complete it by adding his own written comments, including his evaluation of the teacher’s suitability for certification under paragraph 31B.5, and shall give the teacher a copy of the completed application promptly after its completion.
31B.4.1
Where a teacher applies for an advanced skills teacher post at the school at which he is employed as a teacher, the head teacher shall submit the completed application to an assessor if the teacher —
a
is selected for interview for the post; or
b
is selected, or recommended by the governing body, for appointment to the post without interview.
31B.4.2
Where a teacher applies for an advanced skills teacher post at a school at which he is not employed as a teacher, the head teacher or line manager who completed his application shall give the completed application to the head teacher of the school at which the post is situated. The head teacher of the school at which the post is situated shall submit the completed application to an assessor if the teacher —
a
is selected for interview for the post; or
b
is selected, or recommended by the governing body, for appointment to the post without interview.
31B.4.3
Where a teacher applies for an advanced skills teacher post which is not attached to a particular school, the head teacher or line manager who completed his application shall give the completed application to the officer nominated for the purpose of receiving applications by the Chief Education Officer of the authority for the area. That officer shall submit the completed application to an assessor if the teacher —
a
is selected for interview for the post; or
b
is selected for appointment to the post without interview.
31B.5
The assessor shall assess whether the teacher whose completed application has been submitted under paragraph 31B.4 has met the standards for appointment to an advanced skills teacher post set out in Annex 2, and if the assessor is satisfied that the teacher has met those standards he shall issue a certificate of eligibility for appointment to an advanced skills teacher post.
31B.6.1
Before making an assessment under paragraph 31B.5 the assessor shall —
a
consider the completed application;
b
consider any additional written evidence supplied by the teacher in support of his application;
c
consider any additional written evidence in relation to the application supplied by the head teacher or line manager who completed the application;
d
observe the teacher teaching;
e
interview him; and
f
interview the head teacher or line manager who completed the application,
and he may seek such additional evidence as he sees fit.
31B.6.2
Paragraph 31B.6.1(d) shall not apply where a teacher is absent from work in exercise of her right to maternity leave conferred by section 71 of the Employment Rights Act 1996 or conferred by her contract of employment or because of her pregnancy, and has the right to return to work by virtue of the said section 71 or by virtue of her contract of employment.
31B.7.1
The assessor shall notify the teacher of his decision in writing within four weeks of completing his assessment under paragraph 31B.5, and where he has not certified the teacher as eligible for appointment to an advanced skills teacher post, he shall give reasons for his decision.
31B.7.2
The assessor shall notify —
a
the head teacher or line manager who completed the application; and
b
the head teacher of the school at which the post is situated, or where the post is not attached to a particular school the officer nominated by the Chief Education Officer for the purpose of paragraph 31B.4.3,
of his decision in writing.
31B.8.1
Where a teacher wishing to make an application for appointment to an advanced skills teacher post is simultaneously employed as a teacher at two or more schools, a designated head teacher shall be appointed to fulfil the head teacher’s functions under paragraph 31B, who shall be —
a
the head teacher of the school at which the teacher is employed for the greatest number of hours;
b
where the teacher is employed for the same number of hours at all the schools at which he is employed, the head teacher of the school at which he has been employed for the longest period of time; or
c
where the head teachers of all the schools concerned agree, any one of those head teachers.
31B.8.2
Before he completes an application under paragraph 31B.3.2, the designated head teacher shall consult the head teachers of the other schools at which the teacher is employed.
31B.8.3
References in paragraph 31B to the head teacher of a school at which a teacher is employed as a teacher shall be read in relation to a teacher simultaneously employed as a teacher at two or more schools as references to the designated head teacher.
31B.9.1
Where under arrangements made by the Secretary of State an assessor is replaced by another assessor as a result of a complaint being upheld against the original assessor —
a
the assessor allocated as a replacement shall start the assessment under paragraph 31B.5 afresh; and
b
any certificate issued by the original assessor under paragraph 31B.5 shall be void.
31B.9.2
Except as provided for in paragraph 31B.9.1, where an assessor is replaced by another assessor at any time, the replacement assessor may continue the assessment without repeating any steps taken by the original assessor.
31B.10
The assessor shall keep a copy of each teacher’s completed application and all other documents pertaining to his assessment under paragraph 31B.5, and he shall make copies of the application and assessment documents available only to —
a
the teacher;
b
the head teacher or line manager who completed the application;
c
the head teacher of the school at which the post is situated, or where the post is not attached to a particular school the officer nominated by the Chief Education Officer for the purpose of paragraph 31B.4.3;
d
another assessor;
e
a person responsible under arrangements made by the Secretary of State for monitoring the quality of threshold assessments at the school; or
f
an authority or school governing body to whom a complaint has been made under paragraph 31C.10 by the teacher.
31B.11
With effect from 1st April 2002, no application for a certificate under paragraph 31B.5 shall be submitted to an assessor unless the teacher who made the application has passed the threshold.
31B.12
Nothing in paragraph 31B applies to a teacher who —
a
was certified on or before 31st July 2000 by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to an advanced skills teacher post; or
b
has been certified by an assessor as eligible for appointment to an advanced skills teacher post while he was employed in a teaching post other than as a teacher (as defined in paragraph 1.2).
Review of advanced skills teacher assessment
31C.1
A teacher who, having had his application assessed under paragraph 31B.5, is not certified as eligible for appointment to an advanced skills teacher post shall no later than the end of the period of 40 working days starting on the day on which he received written notice of the result of his assessment be entitled to seek a review of his assessment under paragraph 31B.5 upon the grounds set out in paragraph 31C.2 (but no other grounds).
31C.2
The grounds for review are that the teacher would have been certified as eligible for appointment to an advanced skills teacher post if the assessor —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not unlawfully discriminated against the teacher in question.
31C.3
An application for review shall be made in writing, and shall contain, or refer to, evidence relating to the grounds upon which review is sought.
31C.4
An application for review shall be given to the review coordinator, who shall give it to the allocated review officer.
31C.5
The review coordinator shall promptly give a copy of the application to the assessor, and the assessor may submit his written comments on the application.
31C.6.1
Where the review officer is satisfied that the teacher would have been certified as eligible for appointment to an advanced skills teacher post if the assessor —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not unlawfully discriminated against the teacher in question,
he shall certify that the teacher is eligible for such an appointment.
31C.6.2
Where the review officer is not satisfied that the teacher would have been certified as eligible for appointment to an advanced skills teacher post if the assessor —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not unlawfully discriminated against the teacher in question,
he shall order the assessment under paragraph 31B.5 to stand.
31C.7.1
Before determining a review the review officer —
a
shall consider the completed application and the application for review; and
b
may —
i
request the assessor to provide copies of any of his records in relation to the assessment, and consider such documents as he supplies pursuant to the request,
ii
seek comments from the teacher, the head teacher or line manager who completed the application or the assessor, and
iii
do anything an assessor could do under paragraph 31B.6.1.
31C.8
The assessor shall provide to the review officer copies of such of his records in relation to the assessment under paragraph 31B.5 as the review officer requests.
31C.9.1
The review officer shall notify in writing the teacher and the assessor of his decision under paragraph 31C.6 and of the reasons for it no later than the end of the period of 40 days starting on the day on which the review officer received the review application.
31C.9.2
The review officer shall notify in writing of his decision under paragraph 31C.6 —
a
the head teacher or line manager who completed the application; and
b
the head teacher of the school at which the post is situated, or where the post is not attached to a particular school the officer nominated by the Chief Education Officer for the purpose of paragraph 31B.4.3.
31C.10
Paragraphs 31C.11 to 31C.17 apply where —
a
the review officer orders that an assessment under paragraph 31B.5 is to stand; and
b
the teacher who made the review application complains to the authority or school governing body which employ him that the review officer who carried out the review unlawfully discriminated against him.
31C.11.1
A complaint under paragraph 31C.10 may be brought no later than the end of the period of 40 working days starting with the date on which the teacher received the notification under paragraph 31C.9.
31C.11.2
A complaint under paragraph 31C.10 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.
31C.11.3
The teacher shall give a copy of the complaint under paragraph 31C.10 to the review coordinator.
31C.12
The teacher, the assessor and the review officer shall at the request of the teacher’s employers supply them with such records, information or evidence as the employers reasonably request.
31C.13
Where the employers are satisfied that —
a
the teacher’s complaint under paragraph 31C.10 is justified; and
b
the discrimination may have affected the review officer’s decision that the assessment under paragraph 31B.5 stood,
they shall inform the review coordinator in writing of their conclusions and the reasons for their decision. The review coordinator shall refer the case to a replacement review officer for a further review.
31C.14
The employers shall promptly notify in writing the teacher and the assessor that they have referred the case to a replacement review officer and of the reasons for their decision.
31C.15
Where a reference is made to him under paragraph 31C.13, the replacement review officer shall carry out a further review taking account of the employers' conclusions and the reasons for their decision, and paragraphs 31C.6 to 31C.17 shall apply to the further review.
31C.16
When the replacement review officer has determined the further review, he shall in addition to fulfilling the requirements of paragraph 31C.9 notify the employers in writing of his decision and of the reasons for it.
31C.17
Where the employers —
a
are not satisfied that the teacher’s complaint under paragraph 31C.10 is justified; or
b
if they are so satisfied, they are not satisfied that the discrimination may have affected the review officer’s decision that the assessment under paragraph 31B.5 stood,
they shall dismiss the complaint, and notify the teacher and assessor in writing of their decision and the reasons for it, such notification to be given no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 31C.10.
31C.18
In paragraph 31C —
“assessor” means the assessor who made the assessment under paragraph 31B.5 of which a review is sought; and
“working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday.
.
6
After paragraph 51.8A there shall be inserted the following paragraph —
51.8B
Advanced skills teacher assessment
51.8B.1
where requested by him to do so, completing under paragraph 31B.3.2 the application for a certificate of eligibility for appointment to an advanced skills teacher’s post of a teacher at the school or a teacher who was last employed at the school;
51.8B.2
where requested by him to do so, providing assistance to an assessor in relation to advanced skills teacher assessments at the school;
51.8B.3
the professional duties of a head teacher under paragraph 58.8B shall not be delegated to a deputy or assistant head teacher, although pursuant to paragraph 53.3 they may be exercised by a deputy head teacher in the head teacher’s absence from the school;
.
7
After Annex 1 there shall be inserted the following annex —
Annex 2 Standards for advanced skills teachers
Excellent results or outcomes
1
As a result of the advanced skills teachers' teaching, pupils show consistent improvement in relation to prior and expected attainment; are highly motivated, enthusiastic and respond positively to challenge and high expectations; exhibit consistently high standards of discipline and behaviour; show a consistent track record of parental involvement and satisfaction.
Excellent subject or specialist knowledge
2
Advanced skills teachers must keep up to date in their subject or specialism; have a full understanding of connections and progression in the subject and use this in their teaching to ensure pupils make good progress; quickly understand pupils' perceptions and misconceptions from their questions and responses; understand information and communications technology in the teaching of their subject or specialism.
Excellent ability to plan
3
Advanced skills teachers must prepare lessons and sequences of lessons with clear objectives to ensure successful learning by all pupils; set consistently high expectations for pupils in their class and homework; plan their teaching to ensure it builds on the current and previous achievement of pupils.
Excellent ability to teach, manage pupils and maintain discipline
4
Advanced skills teachers must understand and use the most effective teaching methods to achieve the teaching objectives in hand; must display flair and creativity in engaging, enthusing and challenging groups of pupils; use questioning and explanation skilfully to secure maximum progress; must develop pupils' literacy, numeracy and information and communications technology skills as appropriate within their phase and context; are able to provide positive and targeted support for pupils who have special educational needs, are very able, are from ethnic minorities, lack confidence, have behavioural difficulties or are disaffected; must maintain respect and discipline; are consistent and fair.
Excellent ability to assess and evaluate
5
Advanced skills teachers must use assessment as part of their teaching to diagnose pupils' needs, set realistic and challenging targets for improvement and plan future teaching; improve their teaching through evaluating their own practice in relation to pupils' progress, school targets and inspection evidence.
Excellent ability to advise and support other teachers
6
Advanced skills teachers must provide clear feedback, good support and sound advice to others; are able to provide examples, coaching and training to help others become more effective in their teaching; can help others to evaluate the impact of their teaching on raising pupils' achievements; are able to analyse teaching and understand how improvements can be made; have highly developed inter-personal skills which allow them to be effective in schools and situations other than their own; provide a role model for pupils and other staff through their personal and professional conduct; know how to plan and prioritise their own time and activity effectively; are highly respected and able to motivate others.
.
Estelle Morris
Minister of State,
Department for Education and Employment
29th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Forest Heath (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Forest Heath;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Forest Heath (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Forest Heath
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Forest Heath
3
1
The ordinary elections of all councillors of the district of Forest Heath shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Brandon
4
1
The existing wards of the parish of Brandon shall be abolished.
2
The parish of Brandon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Mildenhall
5
1
The existing wards of the parish of Mildenhall shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Great Heath, Market and West Row; the parish wards of Great Heath and Market shall comprise the area of the district wards of the same name, and the parish ward of West Row shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the Great Heath and Market parish wards shall be six, and for the West Row parish ward shall be three.
Wards of the parish of Newmarket
6
1
The existing wards of the parish of Newmarket shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names All Saints, Severals, St Mary’s and Studlands Park; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the All Saints parish ward shall be four, for the Severals parish ward shall be five, for the St Mary’s parish ward shall be seven and for the Studlands Park parish ward shall be two.
Numbers of parish councillors
7
The number of parish councillors to be elected for the parish of Red Lodge shall be nine.
Revocation
8
The District of Forest Heath (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
4th December 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001; they extend to England and shall come into force on 21st April 2001.
Amendment to Meat Products (Hygiene) Regulations 1994
2
1
The Meat Products (Hygiene) Regulations 1994 are amended in so far as they extend to England in accordance with this regulation.
2
For regulation 10(3) there is substituted —
3
No person shall sell for human consumption any meat product manufactured or re-wrapped in Great Britain and containing meat from animals of the bovine, ovine, caprine or porcine species or other biungulates originating in Great Britain or processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001 unless it carries —
a
the British EC health mark; or
b
the circular mark referred to in paragraph 3A of Part VI of Schedule 2 to these Regulations,
in each case applied in accordance with that Part.
4
No person shall sell for human consumption any meat product manufactured or re-wrapped in Great Britain and not containing meat from animals of the bovine, ovine, caprine, or porcine species or other biungulates originating in Great Britain unless it carries —
a
the British EC health mark; or
b
the British national health mark,
in each case applied in accordance with that Part.
.
3
The following paragraph is inserted after paragraph 3 of Part VI of Schedule 2 —
3A
1
Notwithstanding paragraphs 1 to 3 above, meat products containing meat obtained from animals of the bovine, ovine, caprine or porcine species or other biungulates and marked in accordance with paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be marked with a stamp consisting of a circular mark containing —
a
in the upper part the letters “GB”, and
b
in the lower part the meat product premises code.
2
Paragraph 3A(1) shall not apply to meat products which have been heat-treated in accordance with Article 3(2) of Decision 2001/172/EC , but if they are dispatched from Great Britain this must be done in accordance with Article 3(4) and (5) of that Decision.
3
Notwithstanding paragraph 3A(1), until 23rd July 2001, where meat products are not intended for intra-Community trade the health mark shall be —
a
the health mark in that paragraph, or
b
that health mark in addition to the British EC health mark.
3B
1
Marking meat products containing meat obtained from animals of the bovine, ovine, caprine or porcine species or other biungulates reared, slaughtered and processed outside the United Kingdom with the British EC health mark does not exempt those products from the requirements of Article 3(3)(b) of Decision 2001/172/EC if they are to be exported.
2
Marking meat products made from pre-processed meat products which are derived from animals of the bovine, ovine, caprine or porcine species or other biungulates and which originate from outside the United Kingdom with the British EC health mark does not exempt them from the requirements of Article 11, second indent of Decision 2001/172/EC if they are to be exported.
.
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
3
1
The Fresh Meat (Hygiene and Inspection) Regulations 1995 are amended in so far as they extend to England in accordance with this regulation.
2
The following paragraph is inserted after paragraph 8 in Schedule 12 —
9
1
Notwithstanding the provisions of paragraphs 1 and 8 of this Schedule, fresh meat obtained from animals of the bovine, ovine, caprine and porcine species and other biungulates originating in Great Britain or processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001 which would have otherwise have to be marked in accordance with those paragraphs shall instead be marked with a stamp consisting of a circular mark with an outer diameter of 50 mm, with a line thickness of circle of 3 mm and containing —
a
in the upper part the letters “GB” 7 mm high, and
b
in the lower part the approval number of the premises 10 mm high.
2
Notwithstanding paragraph 6 of Schedule 12, E129 Allura Red AC may not be used in a stamp applied under this paragraph.
.
3
In paragraph 8 of Schedule 12 the phrase “or 2” are deleted in each place where it occurs.
4
The following paragraph is inserted after paragraph 2 of Part I of Schedule 13 —
3
Notwithstanding paragraph (1)(f), until 23rd July 2001, where fresh meat bearing the mark referred to in paragraph 9 of Schedule 12 which is not intended for intra-Community trade is wrapped in commercial portions intended for direct sale to the consumer, the health mark required by that paragraph shall be —
a
the health mark specified in paragraph 9 of Schedule 12 (except that the dimension requirements need not apply), or
b
that health mark in addition to the health mark referred to in paragraph 1 of Schedule 12 (except that the dimension requirements need not apply).
.
Amendment to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
4
1
The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in so far as they extend to England in accordance with this regulation.
2
After paragraph (1) of regulation 7 there shall be inserted —
1A
No person shall consign or sell for consignment to a relevant EEA State for human consumption any minced meat produced in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001.
.
3
After paragraph (4) of regulation 7 there shall be added —
5
No person shall affix the health mark to any minced meat which does not satisfy the requirement specified in paragraph (1) above or which has been processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001.
.
4
After paragraph (4) of regulation 8 there shall be inserted —
4A
No person shall consign or sell for consignment to a relevant EEA State for human consumption meat preparations containing meat from animals of the bovine, ovine, caprine and porcine species and other biungulates and processed in Great Britain after the coming into force of the Foot and Mouth Disease (Marking of Meat and Meat Products) Regulations 2001.
.
5
After paragraph (5) of regulation 8 there shall be added–
6
No person shall affix the health mark to any meat preparation which does not satisfy the requirements specified in paragraph (1) above or containing meat from animals of the bovine, ovine, caprine and porcine species and other biungulates and processed in Great Britain after the coming into force of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) Regulations 2001.
.
Hayman
Minister of State, Ministry of Agriculture Fisheries and Food
20th April 2001 at 7 p.m.


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2001, shall come into force on 27th July 2001 and shall extend to England only.
2
In these Regulations “the principal Regulations ” means the Sweeteners in Food Regulations 1995 .
Amendment of the Sweeteners in Food Regulations 1995
2
The principal Regulations shall be amended, insofar as they extend to England, in accordance with regulation 3.
3
In paragraph (1) of regulation 2 (interpretation), in the definition of “Directive 95/31/ EC ” there shall be added at the end the words “and by Directive 2000/51/EC insofar as it relates to E965(ii) syrup maltitol” .
Consequential amendments
4
1
Insofar as any provision specified in paragraph (2) of regulation 3 (consequential provision) of the Sweeteners in Food (Amendment) Regulations 1999 extends to England, paragraph (1) of that regulation shall cease to have effect in relation to such provision.
2
In the provisions specified in paragraph (3), insofar as they extend to England, references to the principal Regulations shall be construed as references to those Regulations as amended up to and including the amendment effected by these Regulations.
3
The provisions are —
a
the definition of “permitted sweetener” in paragraph (1) of regulation 2 (interpretation) of the Jam and Similar Products Regulations 1981 ;
b
the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984 ;
c
the definition of “sweetener” in Part II of Schedule 1 (categories of food additives) to the Food Additives Labelling Regulations 1992 ;
d
the definition of “sweetener” in paragraph (1) of regulation 2 (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
in the Food Labelling Regulations 1996 —
i
paragraph (1) of regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols); and
ii
in Schedule 8 (misleading descriptions) Part I (general), the condition in column 2 opposite the description “ice cream” in column 1.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
21st June 2001


text:
1
This Order may be cited as the Value Added Tax (Passenger Vehicles) Order 2001 and shall come into force on 1st April 2001 and shall have effect in relation to supplies made on or after that date.
2
In paragraph (a) of item 4 of Group 8 (Transport) of Schedule 8 to the Value Added Tax Act 1994 (zero rating) for “12” there shall be substituted “10”.
3
After Note (4C) there shall be inserted —
4D
Item 4(a) includes the transport of passengers in a vehicle —
a
which is designed, or substantially and permanently adapted, for the safe carriage of a person in a wheelchair or two or more such persons, and
b
which, if it were not so designed or adapted, would be capable of carrying no less than 10 persons.
.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Aristolochia and Mu Tong etc.) (Prohibition) Order 2001, and shall come into force on 1st July 2001.
2
In this Order —
“ the Act ” means the Medicines Act 1968;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“medicinal product” does not include a medicinal product which is a veterinary drug.
Prohibition of sale, supply and importation of any medicinal product consisting of or containing certain plants
2
Subject to article 4 below, the sale, supply and importation of any medicinal product consisting of or containing a plant —
a
belonging to a species of the genus Aristolochia; or
b
belonging to any of the species —
Akebia quinata,
Akebia trifoliata,
Clematis armandii,
Clematis montana,
Cocculus laurifolius,
Cocculus orbiculatus,
Cocculus trilobus,
Stephania tetrandra,
or consisting of or containing an extract from such a plant, is prohibited.
Prohibition of sale, supply and importation of medicinal products presented as consisting of or containing Mu Tong etc.
3
Subject to article 4 below, the sale, supply and importation of any medicinal product is prohibited where, at the time of the sale, supply or importation —
a
the label on the product’s container or package; or
b
any document accompanying the product,
indicates in any language —
i
that the product consists of or contains Mu Tong or Fangji, or any term derived from either of those terms; or
ii
that the product consists of or contains a plant specified in article 2(b) above or an extract from such a plant.
Exceptions to the prohibitions imposed by articles 2 and 3 above
4
1
The prohibitions imposed by articles 2 and 3 above are subject to the exceptions specified in the following paragraphs of this article.
2
The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is sold or supplied to, or, in the case of importation, is imported by or on behalf of, any of the following persons —
a
a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 ;
b
a food analyst or food examiner within the meaning of Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ;
c
an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990, or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ;
d
a person duly authorised by an enforcement authority under sections 111 and 112 of the Act;
e
a sampling officer within the meaning of Schedule 3 to the Act.
3
The prohibitions on importation imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is imported —
a
from a member State of the European Community; or
b
where the product originates in the European Economic Area, from an EEA State which is not also a member State of the European Community.
4
The prohibitions imposed by articles 2 and 3 above shall not apply where a medicinal product as referred to in those articles is the subject of a product licence , a marketing authorisation within the meaning of regulation 1(4)(a) of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 or a certificate of registration within the meaning of regulation 1(2) of the Medicines (Homoeopathic Products for Human Use) Regulations 1994 .
Revocation
5
The Medicines (Aristolochia and Mu Tong etc.) (Temporary Prohibition) Order 2000 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th May 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
9th May 2001


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2001 and shall come into force on 10th December 2001.
Amendment of the Income Support (General) Regulations 1987 and of the Jobseeker’s Allowance Regulations 1996
2
1
For paragraph 10 of Schedule 3 to the Income Support (General) Regulations 1987 (housing costs: the calculation for loans), there shall be substituted the following paragraph —
The calculation for loans
10
The weekly amount of existing housing costs or, as the case may be, new housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 15 or 16 shall be calculated by applying the formula —
A × B 52
where —
A
the amount of the loan which qualifies under paragraph 15 or 16;
B
the standard rate for the time being specified in respect of that loan under paragraph 12.
.
2
For paragraph 9 of Schedule 2 to the Jobseeker’s Allowance Regulations 1996 (housing costs: the calculation for loans) there shall be substituted the following paragraph —
The calculation for loans
9
The weekly amount of existing housing costs or, as the case may be, new housing costs to be met under this Schedule in respect of a loan which qualifies under paragraph 14 or 15 shall be calculated by applying the formula —
A × B 52
where —
A
the amount of the loan which qualifies under paragraph 14 or 15;
B
the standard rate for the time being specified in respect of that loan under paragraph 11.
.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
8th November 2001


text:
Citation and commencement
1
This Order may be cited as the Curfew Order and Curfew Requirement (Responsible Officer) (Amendment) Order 2001 and shall come into force at 7.00 p.m. on 1st October 2001.
Amendment of the Curfew Order and Curfew Requirement (Responsible Officer) Order 2001
2
1
In article 3(c) of the Curfew Order and Curfew Requirement (Responsible Officer) Order 2001 , for the text from “ GSSC ” to the end there is substituted “Reliance Secure Task Management Limited of Boundary House, Cricketfield Road, Uxbridge, Middlesex UB8 1QG”.
2
In the heading to Schedule 3 to that Order, for “GSSC OF EUROPE LIMITED” there is substituted “RELIANCE SECURE TASK MANAGEMENT LIMITED”.
Keith Bradley
Minister of State
Home Office
1st October 2001, 6.00 p.m.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 2001 and shall come into force on 20th August 2001.
2
In this Order —
“ the Act ” means the European Communities Act 1972, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers
2
For the purposes of section 2(2) of the Act, the Ministers specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
Designation of the National Assembly for Wales
3
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matters specified in Schedule 2 to this Order.
2
Regulations made by the National Assembly for Wales shall apply in relation to Wales only.
3
Where the National Assembly for Wales is designated by this Order in relation to any matter, for which any Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of earlier designation
4
The designation of the Secretary of State in relation to measures relating to energy efficiency and performance requirements for household products in the European Communities (Designation) (No. 3) Order 1996 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council