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PART I
INTRODUCTORY AND GENERAL
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (North-East Atlantic Control Measures) Order 2000 and shall come into force on 24th July 2000.
2
Subject to paragraph (3) —
a
Part II of this Order shall form part of the law of England and Wales and of Northern Ireland only;
b
Part III shall form part of the law of Scotland only.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in any part of the United Kingdom of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“the Council Regulation” means Council Regulation ( EC ) No. 2791/1999 laying down certain control measures applicable in the area covered by the Convention on future mulitilateral cooperation in the north-east Atlantic fisheries ; which is to be read with Commission Regulation (EC) No. 1085/2000 laying down detailed rules for the application of control measures applicable in the area covered by the Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries ;
“duly authorised inspector” has the meaning given by Article 2.9 of the Council Regulation;
“foreign fishing boat” means a fishing boat which is not a British fishing boat and which flies the flag either of a State which is a Contracting Party to the NEAFC Convention or of a Member State of the European Community;
“infringement” has the meaning given by Article 2.7 of the Council Regulation;
“NEAFC Convention” has the meaning given by the First Recital of the Council Regulation;
“NEAFC inspector” has the meaning given by Article 2.5 of the Council Regulation and shall include a British sea-fishery officer assigned to the Scheme under Article 3 of this Order;
“non-Contracting Party vessel” has the meaning given by Article 2.10 of the Council Regulation;
“regulated resources” has the meaning given by Article 2.3 of the Council Regulation;
“Regulation 2847/93” means Council Regulation ( EEC ) No 2847/93 establishing a control system applicable to the common fisheries policy ;
“Regulatory Area” has the meaning given by Article 2.1 of the Council Regulation;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;
“the Scheme” has the meaning given by the Third Recital of the Council Regulation;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“serious infringement” has the meaning given by Article 2.8 of the Council Regulation;
“specified Community measure” means a provision of the Council Regulation which is specified in column 1 of the Schedule, as read with any qualifying words relating to that provision in that column;
any any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to the Isle of Man;
iii
the territorial sea adjacent to the Bailiwick of Jersey; and
iv
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
Any reference in this Order —
a
to “the Schedule” is a reference to the Schedule to this Order; and
b
to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
4
Column 2 of the Schedule (which provides in relation to each specified Community measure an indication of the subject matter of the provision) shall not be read as limiting the scope of any specified Community measure and shall be disregarded in relation to any question arising as to the construction of this Order.
Assignment of British sea-fishery officers to the Scheme
3
1
Any British sea-fishery officer may be assigned to the Scheme in accordance with this article (and such assignment shall accordingly constitute that officer a NEAFC inspector for the purposes of the Scheme and the Council Regulation).
2
For the purposes of any provisions relating to NEAFC inspectors in Part II of this Order such assignment shall be made by the Minister of Agriculture, Fisheries and Food; but that Minister may authorise the Scottish Ministers in writing to make such assignments on his behalf and any assignments made by those Ministers under any such authorisation shall have effect accordingly.
3
For the purposes of any provisions relating to NEAFC inspectors in Part III of this Order such assignment shall be made by the Scottish Ministers.
PART II
PROVISIONS FORMING PART OF THE LAW OF ENGLAND AND WALES AND OF NORTHERN IRELAND
Offences
4
1
Where there is, in respect of any relevant British fishing boat wherever it may be, a contravention of, or failure to comply with, any specified Community measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any Community fishing vessel, other than a relevant British fishing boat, which is within relevant British fishery limits, a contravention of, or failure to comply with Article 24 of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
3
Where, in respect of —
a
any relevant British fishing boat wherever it may be; or
b
any Scottish fishing boat or foreign fishing boat which is within relevant British fishery limits,
any person —
i
moves, removes or interferes with an identification mark affixed to any part of fishing gear in accordance with Article 16.1(b); or
ii
fails to comply with a requirement imposed by the competent authorities in the United Kingdom, or a duly authorised officer, to proceed to a designated port under Article 19.4,
of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
4
Where in respect of any non-Contracting Party vessel, any person —
a
tranships fish to a Community fishing vessel within relevant British fishery limits; or
b
lands in England, Wales or Northern Ireland or tranships within relevant British fishery limits regulated resources in breach of a notice in writing served under article 7(9) of this Order,
the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
5
1
A person found guilty of an offence under article 4(1) or (2) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(1) or (2) of this Order, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule in relation to the specified Community measure, the contravention of, or failure to comply with, which founded the offence;
b
on conviction on indictment to a fine.
2
A person found guilty of an offence under article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, shall be liable —
a
on summary conviction to a fine —
i
in the case of an offence under article 4(3) or 13(3), not exceeding the statutory maximum,
ii
in the case of an offence under article 4(4) or 13(4), not exceeding £50,000;
b
on conviction on indictment to a fine.
3
Subject to the following provisions of this article, the court by or before which a person is convicted of an offence founded on a contravention of, or failure to comply with, Article 4.1, 6.1, 9, 24 or 25.1 of the Council Regulation or article 4(3) or (4) or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13(3) or (4) of this Order, may order the forfeiture of:
a
any fish in respect of which the offence was committed; and
b
any net or other fishing gear used in committing the offence.
4
Any person found guilty of an offence under this Order (including an offence under Part III in respect of which proceedings were brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) shall, subject to the following provisions of this article, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
5
A person shall not be liable to a fine under paragraph (4) in respect of an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court shall not have power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed.
6
Subject to paragraph (5), any fine to which a person is liable under paragraph (4) in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment.
Recovery of fines
6
1
Without prejudice to any other powers of a magistrates' court in respect of the recovery of fines, where a fine is imposed by a magistrates' court in England, Wales or Northern Ireland on any person in respect of an offence under article 4 or 10 or (where proceedings were brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 or 19 of this Order, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England or Wales as they apply to a warrant of distress issued under Part III of that Act.
3
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of an offence under Part II or III of this Order a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England and Wales or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of NEAFC inspectors and British sea-fishery officers in relation to fishing boats
7
1
For the purpose of enforcing the provisions of the Scheme, the Council Regulation and this Order, a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (4) to (6) of this article, in relation to any relevant British fishing boat within the Regulatory Area.
2
For the purpose of enforcing the provisions of the Scheme and the Council Regulation, a British sea-fishery officer who is a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (4) and (5) of this article, in relation to any foreign fishing boat within the Regulatory Area.
3
For the purpose of enforcing the provisions of the Scheme, the Council Regulation and Parts II and III of this Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (4) to (6) of this article —
a
in respect of any relevant British fishing boat wherever it may be; and
b
in respect of any Scottish fishing boat, any foreign fishing boat or any non-Contracting Party vessel which is within relevant British fishery limits.
4
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
5
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purposes mentioned in paragraphs (1), (2) and (3) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an infringement, a serious infringement or an offence under Part II or III of this Order has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that an infringement, a serious infringement, or an offence under Part II or III of this Order has been committed, may seize and detain, or take copies of, any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in any related proceedings for an offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
6
Where it appears to him than an infringement, a serious infringement or an offence under Part II or III of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the infringement, serious infringement or offence took place to take or may himself take, the boat and its crew to a port in the United Kingdom which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port.
7
Where a fishing boat is detained or required to be detained by a NEAFC inspector or British sea-fishery officer under paragraph (6)(b), he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed —
a
when the detention relates to a serious infringement, by a British sea-fishery officer who is a NEAFC inspector; or
b
in any other case, by a British sea-fishery officer.
8
Where it appears to a British sea-fishery officer who is a NEAFC inspector that an infringement or serious infringement has at any time been committed in the Regulatory Area, he may in relation to a foreign fishing boat require the master to re-route the vessel in such direction, or to such destination, as the flag State of the fishing boat may request.
9
Where, in carrying out an inspection under Article 25 of the Council Regulation, a British sea-fishery officer is satisfied that a non-Contracting Party vessel is carrying on board regulated resources, he shall serve a notice in writing on the master of such vessel, or any person for the time being in charge of the vessel, prohibiting the landing in England, Wales and Northern Ireland and the transhipment within relevant British fishery limits of such resources.
Powers of British sea-fishery officers to seize fish and fishing gear
8
In respect of any relevant British fishing boat wherever it may be, and any other fishing boat which is within relevant British fishery limits, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an infringement, a serious infringement or an offence under Part II or III of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an infringement, serious infringement or offence.
Protection of officers
9
A NEAFC inspector, a British sea-fishery officer or a person assisting him by virtue of article 7(4) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 7 and 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 7 and 8 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults a British sea-fishery officer or anyone accompanying that officer who is exercising any of the powers conferred on him by articles 7 and 8 of this Order or intentionally obstructs any such officer or person in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
11
1
Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and published accordingly.
2
Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or partnership manager, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 4 or (where proceedings are brought in England, Wales or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981) article 13 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Article 6, 17.2 or 28c of Regulation 2847/93;
b
declaration submitted under Article 8.1, 11, 12, 17.2 or 28f of Regulation 2847/93;
c
document drawn up under Article 9 or 13 of Regulation 2847/93;
d
document containing required information received by a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93;
e
document required to be kept in accordance with Article 5.2 of the Council Regulation;
f
catch report submitted under Article 6.1 of the Council Regulation,
shall, in any proceedings for an offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93.
PART III
PROVISIONS FORMING PART OF THE LAW OF SCOTLAND
Offences
13
1
Where there is, in respect of any Scottish fishing boat wherever it may be, a contravention of, or failure to comply with, any specified Community measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any Community fishing vessel, other than a Scottish fishing boat, which is within the Scottish zone, a contravention of, or failure to comply with Article 24 of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
3
Where, in respect of —
a
any Scottish fishing boat wherever it may be; or
b
any relevant British fishing boat or foreign fishing boat which is within the Scottish zone,
any person —
i
moves, removes or interferes with an identification mark affixed to any part of fishing gear in accordance with Article 16.1(b); or
ii
fails to comply with a requirement imposed by the competent authorities in the United Kingdom, or a duly authorised officer, to proceed to a designated port under Article 19.4,
of the Council Regulation, the master, the owner and the charterer (if any) shall each be guilty of an offence.
4
Where in respect of any non-Contracting Party vessel, any person —
a
tranships fish to a Community fishing vessel within the Scottish zone; or
b
lands in Scotland or tranships within the Scottish zone regulated resources in breach of a notice in writing served under article 16(7) of this Order,
the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
14
1
A person found guilty of an offence under article 13(1) or (2) or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4(1) or (2) of this Order, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule in relation to the specified Community measure, the contravention of, or failure to comply with, which founded the offence;
b
on conviction on indictment to a fine.
2
A person found guilty of an offence under article 13(3) or (4) or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4(3) or (4) of this Order, shall be liable —
a
on summary conviction to a fine —
i
in the case of an offence under article 4(3) or 13(3), not exceeding the statutory maximum;
ii
in the case of an offence under article 4(4) or 13(4), not exceeding £50,000;
b
on conviction on indictment to a fine.
3
Subject to the following provisions of this article, the court by or before which a person is convicted of an offence founded on a contravention of, or failure to comply with, Article 4.1, 6.1, 9, 24 or 25.1 of the Council Regulation or article 13(3) or (4) or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4(3) or (4) of this Order, may order the forfeiture of:
a
any fish in respect of which the offence was committed; and
b
any net or other fishing gear used in committing the offence.
4
Any person found guilty of an offence under this Order (including an offence under Part II in respect of which proceedings were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) shall, subject to the following provisions of this article, be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
5
A person shall not be liable to a fine under paragraph (4) in respect of an offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any offence, the court shall not have the power under paragraph (3) to order the forfeiture of the fish in respect of which the offence was committed.
6
Subject to paragraph (5), any fine to which a person is liable under paragraph (4) in respect of an offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment.
Recovery of fines
15
1
Without prejudice to the provisions of section 221 of the Criminal Procedure (Scotland) Act 1995, where a court in Scotland has imposed a fine on any person in respect of an offence under article 13 or 19 or (where proceedings were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 or 10 of this Order that court may for the purposes of recovering the fine —
a
order any boat involved in the commission of the offence and its gear and catch to be detained for a period not exceeding three months (which order may be extended by an order or orders of the same kind for a further period or periods of three months) unless the fine is paid or a warrant is issued under sub-paragraph (b); or
b
at any time after the imposition of the fine issue a warrant for the arrestment and sale of any such boat, its gear and catch.
2
A court shall not issue a warrant under paragraph (1)(b) above without first affording the owner of the boat, gear or catch liable to be included in the warrant an opportunity to be heard on the issue of such warrant.
3
A warrant issued under paragraph (1)(b) above, whatever the amount of the fine imposed, may be executed in the same manner as if the proceedings were on an extract decree of the sheriff in a summary cause.
4
Where in relation to a fine in respect of an offence under Part II or III of this Order a transfer of fine order under section 222 of the Criminal Procedure (Scotland) Act 1995, section 90 of the Magistrates' Courts Act 1980 or Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 specifies a court of summary jurisdiction in Scotland this article shall apply as if the fine were imposed by that court.
Powers of NEAFC inspectors and British sea-fishery officers in relation to fishing boats
16
1
For the purpose of enforcing the provisions of the Scheme, the Council Regulation and this Order, a NEAFC inspector may, subject to Article 14.1 of the Council Regulation, exercise the powers conferred by paragraphs (3) to (5) of this article, in relation to any Scottish fishing boat within the Regulatory Area.
2
For the purpose of enforcing the provisions of the Scheme, the Council Regulation and Parts II and III of this Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (3) to (5) of this article —
a
in respect of any Scottish fishing boat wherever it may be; and
b
in respect of any relevant British fishing boat, any foreign fishing boat or any non-Contracting Party vessel which is within the Scottish zone.
3
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
4
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purposes mentioned in paragraphs (1) and (2) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an infringement, a serious infringement or an offence under Part II or III of this Order has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that an infringement, a serious infringement, or an offence under Part II or III of this Order has been committed, may seize and detain, or take copies of, any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in any related proceedings for an offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
5
Where it appears to him that an infringement, a serious infringement or an offence under Part II or III of this Order has at any time been committed, he may —
a
require the master of the boat in relation to which the infringement, serious infringement or offence took place to take or may himself take, the boat and its crew to a port in the United Kingdom which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port.
6
Where a fishing boat is detained or required to be detained by a NEAFC inspector or British sea-fishery officer under paragraph (5)(b), he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed —
a
when the detention relates to a serious infringement, by a British sea-fishery officer who is a NEAFC inspector; or
b
in any other case, by a British sea-fishery officer.
7
Where, in carrying out an inspection under Article 25 of the Council Regulation, a British sea-fishery officer is satisfied that a non-Contracting Party vessel is carrying on board regulated resources, he shall serve a notice in writing on the master of such vessel, or any person for the time being in charge of the vessel, prohibiting the landing in Scotland and the transhipment within the Scottish zone of such resources.
Powers of British sea-fishery officers to seize fish and fishing gear
17
In respect of any Scottish fishing boat wherever it may be, and any other fishing boat which is within the Scottish zone, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an infringement, a serious infringement or an offence under Part II or III of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an infringement, serious infringement or offence.
Protection of officers
18
A NEAFC inspector, a British sea-fishery officer or a person assisting him by virtue of article 16(3) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 16 and 17 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
19
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 16 and 17 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults a British sea-fishery officer of anyone accompanying that officer who is exercising any of the powers conferred on him by articles 16 and 17 of this Order or intentionally obstructs any such officer or person in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
20
1
Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or partnership manager, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 13 or (where proceedings are brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981) article 4 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
21
1
Any —
a
logbook kept under Article 6, 17.2 or 28c of Regulation 2847/93;
b
declaration submitted under Article 8.1, 11, 12, 17.2 or 28f of Regulation 2847/93;
c
document drawn up under Article 9 or 13 of Regulation 2847/93;
d
document containing required information received by a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93;
e
document required to be kept in accordance with Article 5.2 of the Council Regulation;
f
catch report submitted under Article 6.1 of the Council Regulation,
shall, in any proceedings for an offence, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein or appearing therefrom.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th July 2000
Brian Wilson
under Secretary of State for Scotland
13th July 2000
Paul Murphy
Secretary of State for Wales
13th July 2000
Peter Mandelson
Secretary of State for Northern Ireland
13th July 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 2000 and shall come into force on 10th April 2000.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 18 of the principal Scheme
2
In article 18 of the principal Scheme (unemployability allowances) in paragraph (2) for the amount “£3,016” there shall be substituted the amount “£3,042”.
Substitution of Schedules 3 and 4 to the principal Scheme
3
For Schedules 3 and 4 to the principal Scheme (rates of pensions and allowances payable in respect of disablement and death) there shall respectively be substituted the Schedules set out in the Schedule to this Scheme and numbered 3 and 4.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
1st February 2000
We approve,
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for Guy’s Hospital and the Special Trustees for St Thomas' Hospital (Transfers of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“the new trustees” means the trustees for the Guy’s and St Thomas' National Health Service Trust;
“the Special Trustees” means the Special Trustees for Guy’s Hospital and the Special Trustees for St Thomas' Hospital;
“the trust property” means the property specified in the schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 8th March 2000.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Guy’s and St Thomas' National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 and shall come into force —
a
for the purposes of this regulation and regulation 4 on 1st April 2001;
b
for the purposes of regulation 3 —
i
in a case where rent is payable at intervals of a whole number of weeks, on 2nd April 2001; and
ii
in any other case, on 1st April 2001; and
c
for all other purposes, on 9th April 2001.
Amendment of the Income Support (General) Regulations 1987
2
In the Income Support (General) Regulations 1987 —
a
in regulation 44 (modifications in respect of children and young persons), for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted the words “personal allowance, any disabled child premium and any enhanced disability premium”;
b
in regulation 57(1)(b) (period over which payments other than periodical payments are to be taken into account), after head (ii) there shall be inserted the following head —
iia
any enhanced disability premium in respect of such a child or young person;
; and
c
in Schedule 2 (applicable amounts) —
i
for paragraph 6 there shall be substituted the following paragraph —
6
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 13 applies;
b
an enhanced disability premium to which paragraph 13A applies;
c
a disabled child premium to which paragraph 14 applies; and
d
a carer premium to which paragraph 14ZA applies,
may be applicable in addition to any other premium which may apply under this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium under paragraph 9 or 9A ; or
b
a higher pensioner premium under paragraph 10 .
;
ii
after paragraph 13 there shall be inserted the following paragraph —
Enhanced disability premium
13A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of —
a
the claimant; or
b
a member of the claimant’s family,
who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of —
a
a child or young person whose capital, if calculated in accordance with Part V of these Regulations in like manner as for the claimant, except as provided in regulation 44(1), would exceed £3,000;
b
a claimant who —
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of regulation 21(3) and has been for a period of more than six weeks; or
c
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 21(3) and has been for a period of more than six weeks.
; and
iii
after paragraph 15(7), there shall be added to the table the following sub-paragraph —
8
Enhanced disability premium where the conditions in paragraph 13A are satisfied.
8
a
£5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
b
£5.95 in respect of each person who is neither —
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;
c
£8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.
.
Amendment of the Housing Benefit (General) Regulations 1987
3
In the Housing Benefit (General) Regulations 1987 —
a
in regulation 36(1) (modifications in respect of child and young person), for the words “personal allowance and disabled child premium, if any,” there shall be substituted the words “personal allowance, any disabled child premium and any enhanced disability premium”; and
b
in Schedule 2 (applicable amounts) —
i
for paragraph 6 there shall be substituted the following paragraph —
6
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 13 applies;
b
an enhanced disability premium to which paragraph 13A applies;
c
a disabled child premium to which paragraph 14 applies; and
d
a carer premium to which paragraph 14ZA applies,
may be applicable in addition to any other premium which may apply under this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium under paragraph 9 or 9A ; or
b
a higher pensioner premium under paragraph 10 .
;
ii
after paragraph 13 there shall be inserted the following paragraph —
Enhanced disability premium
13A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act in respect of —
a
the claimant; or
b
a member of the claimant’s family,
who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of —
a
a child or young person whose capital, if calculated in accordance with Chapter VI of Part VI of these Regulations in like manner as for the claimant, except as provided in regulation 36(5), would exceed £3,000;
b
a claimant who —
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of regulation 18(2) and has been for a period of more than six weeks; or
c
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 18(2) and has been for a period of more than six weeks.
; and
iii
after paragraph 15(8), there shall be added to the table the following sub-paragraph —
9
Enhanced disability premium where the conditions in paragraph 13A are satisfied.
9
a
£5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
b
£5.95 in respect of each person who is neither —
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 13A are satisfied;
c
£8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple or polygamous marriage.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
4
In the Council Tax Benefit (General) Regulations 1992 —
a
in regulation 27(1) (modifications in respect of child or young person), for the words “personal allowance and disabled child premium, if any,” there shall be substituted the words “personal allowance, any disabled child premium and any enhanced disability premium”; and
b
in Schedule 1 (applicable amounts) —
i
for paragraph 6 there shall be substituted the following paragraph —
6
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 14 applies;
b
an enhanced disability premium to which paragraph 14A applies;
c
a disabled child premium to which paragraph 15 applies; and
d
a carer premium to which paragraph 16 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium under paragraph 9 or 10; or
b
a higher pensioner premium under paragraph 11 .
;
ii
after paragraph 14 there shall be inserted the following paragraph —
Enhanced disability premium
14A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act 1992 or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Contributions and Benefits Act 1992 in respect of —
a
the claimant; or
b
a member of the claimant’s family,
who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of —
a
a child or young person whose capital, if calculated in accordance with Chapter VI of Part IV of these Regulations in like manner as for the claimant, except as provided in regulation 27(5), would exceed £3,000;
b
a claimant who —
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of regulation 10(2) and has been for a period of more than six weeks; or
c
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 10(2) and has been for a period of more than six weeks.
; and
iii
after paragraph 19(8), there shall be added to the table the following sub-paragraph —
9
Enhanced disability premium where the conditions in paragraph 14A are satisfied.
9
a
£5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 14A are satisfied;
b
£5.95 in respect of each person who is neither —
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 14A are satisfied;
c
£8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 14A are satisfied in respect of a member of that couple or polygamous marriage.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
5
In the Jobseeker’s Allowance Regulations 1996 —
a
in regulation 106 (modifications in respect of children and young persons), for the words “personal allowance and disabled child premium, if any,” in each place in which they occur there shall be substituted the words “personal allowance, any disabled child premium and any enhanced disability premium”;
b
in regulation 121(1)(b) (period over which payments other than periodical payments are to be taken into account), after head (ii) there shall be inserted the following head —
iia
any enhanced disability premium in respect of such a child or young person;
; and
c
in Schedule 1 (applicable amounts) —
i
for paragraph 7 there shall be substituted the following paragraph —
7
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 15 applies;
b
an enhanced disability premium to which paragraph 15A applies;
c
a disabled child premium to which paragraph 16 applies; and
d
a carer premium in which paragraph 17 applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium under paragraph 10 or 11; or
b
a higher pensioner premium under paragraph 12 .
;
ii
after paragraph 15 there shall be inserted the following paragraph —
Enhanced disability premium
15A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of —
a
the claimant; or
b
a member of the claimant’s family,
who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of —
a
a child or young person whose capital, if calculated in accordance with Part VIII of these Regulations in like manner as for the claimant, except as provided in regulation 106(1), would exceed £3,000;
b
a claimant who —
i
is not a member of a couple or a polygamous marriage; and
ii
is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks; or
c
a member of a couple or a polygamous marriage where each member is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.
; and
iii
after paragraph 20(8), there shall be added to the table the following sub-paragraph —
9
Enhanced disability premium where the conditions in paragraph 15A are satisfied.
9
a
£5.95 in respect of each child or young person in respect of whom the conditions specified in paragraph 15A are satisfied;
b
£5.95 in respect of each person who is neither —
i
a child or young person; nor
ii
a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15A are satisfied;
c
£8.60 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15A are satisfied in respect of a member of that couple or polygamous marriage.
;
iv
for paragraph 20C there shall be substituted the following paragraph —
20C
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 20I applies;
b
an enhanced disability premium to which paragraph 20IA applies; and
c
a carer premium to which paragraph 20J applies,
may be applicable in addition to any other premium which may apply under this Part of this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium under paragraph 20E; or
b
a higher pensioner premium under paragraph 20F.
;
v
after paragraph 20I there shall be inserted the following paragraph —
Enhanced disability premium
20IA
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Benefits Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Benefits Act in respect of a member of a joint-claim couple who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of a joint-claim couple where each member of that couple or each member of a polygamous marriage of which one member of that couple is a member, is a patient within the meaning of regulation 85(4) and has been for a period of more than six weeks.
; and
vi
after paragraph 20M(5), there shall be added to the table the following sub-paragraph —
6
Enhanced disability premium where the conditions in paragraph 20IA are satisfied.
6
£8.60 where the conditions specified in paragraph 20IA are satisfied in respect of a member of a joint-claim couple.
.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
22nd September 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2000 and shall come into force on 28th April 2000, but regulation 4(b) shall have effect from 1st April 1998 and regulations 3 and 4(a) shall have effect from 13th January 2000.
2
In regulation 5, expressions which are also used in the Local Government Pension Scheme Regulations 1997 have the same meaning as they have in those Regulations.
Amendment of regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 and 4 of these Regulations.
Admission agreements
3
In regulation 5 —
a
in paragraph (17)(a)(i) and (ii) for “long term business” substitute “general business”; and
b
in paragraph (17)(a)(ii), for “, or providing long term insurance” substitute “or providing insurance of an appropriate class within general business”.
Interpretation
4
In Schedule 1 —
a
in the definitions of “Admission agreement employee” and “Scheme employer”, for “regulation 5(10)” substitute “regulation 5(16)”; and
b
in the definition of “Scheme employer”, after “means a” insert “resolution body listed in regulation 4(6) or a”.
Savings
5
The amendment made by regulation 3 shall not affect the validity of any indemnity or bond in an approved form with an authorised insurer, as defined by the Local Government Pension Scheme Regulations 1997 before their amendment by these Regulations, which was made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
31st March 2000


text:
1
This Order may be cited as the Dartford-Thurrock Crossing Tolls Order 2000 and shall, in accordance with section 17(11) of the Dartford-Thurrock Crossing Act 1988, come into force on 1st September 2000.
2
1
The toll leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order shall be of the amount set out or described opposite thereto in column (2) of that Schedule.
2
For the purposes of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford-Thurrock Crossing Tolls Order 1999 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
7th August 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Ealing) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Ealing specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th May 2000


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and shall come into force on 16th November 2000.
2
These Regulations apply in relation to local authorities in England.
3
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1998 Act ” means the School Standards and Framework Act 1998 .
Functions not to be the responsibility of an authority’s executive
2
1
The functions of a local authority specified in column (1) of Schedule 1 to these Regulations by reference to the enactments, directions and circulars specified in relation to those functions in column (2) are not to be the responsibility of an executive of the authority.
2
The functions of —
a
imposing any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted —
i
in the exercise of a function specified in column (1) of Schedule 1; or
ii
otherwise than by an executive of the authority, in the exercise of any function under a local Act; and
b
determining any other terms to which any such approval, consent, licence, permission or registration is subject,
are not to be the responsibility of an executive of the authority.
3
The function of determining whether, and in what manner, to enforce —
a
any failure to comply with an approval, consent, licence, permission or registration granted as mentioned in paragraph (2)(a);
b
any failure to comply with a condition, limitation or term to which any such approval, consent, licence, permission or registration is subject; or
c
any other contravention in relation to a matter with regard to which the function of determining an application for approval, consent, licence, permission or registration would not be the responsibility of an executive of the authority,
is not to be the responsibility of an executive of the authority.
4
The function of —
a
amending, modifying or varying any such approval, consent, licence, permission or registration as is mentioned in paragraph (2), or any condition, limitation or term to which it is subject; or
b
revoking any such approval, consent, licence, permission or registration,
is not to be the responsibility of an executive of the authority.
5
The function of making any scheme authorised or required by regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 1989 , or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.
6
The function of determining —
a
the amount of any allowance payable under —
i
subsection (5) of section 3 (chairman’s expenses) of the 1972 Act;
ii
subsection (4) of section 5 (vice-chairman’s expenses) of that Act;
iii
subsection (4) of section 173 (financial loss allowance) of that Act ;
iv
section 175 (allowances for attending conferences and meetings) of that Act;
b
the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act;
c
the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments by way of any such allowance are to be made;
d
whether a charge should be made for any approval, consent, licence, permit or registration the issue of which is not the responsibility of an executive of the authority; and
e
where a charge is made for any such approval, consent, licence, permit or registration, the amount of the charge,
is not to be the responsibility of an executive of the authority.
7
Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5) or (6)(a) to (c).
8
Subject to any provision of regulations under section 20 (joint exercise of functions) of the Local Government Act 2000, the function of —
a
making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act; and
b
making appointments under section 102 (appointment of committees) of the 1972 Act,
is not to be the responsibility of an executive of the authority.
9
The functions of York City Council in relation to the management of the Yorkshire Museum and Gardens pursuant to an agreement dated 30th December 1960 between that Council and the Yorkshire Philosophical Society are not to be the responsibility of an executive of that Council.
10
The functions of South Lakeland District Council in relation to the management of land at Lake Windermere pursuant to an agreement dated 1st April 1975 between that Council, Windermere Parish Council and Lakes Parish Council are not to be the responsibility of an executive of the District Council.
11
Unless otherwise provided by any other provision of these Regulations, a function of a local authority which, by virtue of any enactment passed or made before the making of these Regulations, may be discharged only by an authority, is not to be the responsibility of an executive of the authority.
12
In paragraphs (1) and (11), “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 ).
Functions which may be the responsibility of an authority’s executive
3
1
The functions specified in Schedule 2 to these Regulations may be (but need not be) the responsibility of an executive of the authority.
2
The functions of Hastings Borough Council in relation to the management of the Hastings and Saint Leonards Museum may be (but need not be) the responsibility of an executive of the Council.
3
Where the functions mentioned in paragraph (2) are the responsibility of the Council’s executive, the Hastings and Saint Leonards Museum Association may appoint persons who are for the time being members of the Association to attend any meeting of an overview and scrutiny committee of that Council, or of a sub-committee of any such committee (“the relevant committee or sub-committee”), at which the management of the Museum is the subject of consideration; and the persons so appointed shall, subject to paragraph (4), be entitled to speak and vote at the meeting on any question relating to the management of the Museum which falls to be decided at the meeting.
4
The number of persons appointed as mentioned in paragraph (3) shall, as nearly as may be, bear to the number for the time being of members of the relevant committee or sub-committee, the same proportion as 2 bears to 5, but the number of persons representing the Association at any such meeting as is referred to in that paragraph as are entitled to vote shall not exceed the number of members of the relevant committee or sub-committee present at that meeting.
Functions not to be the sole responsibility of an authority’s executive
4
1
In connection with the discharge of the function —
a
of formulating or preparing a plan or strategy of a description specified in column (1) of Schedule 3 to these Regulations;
b
of formulating a plan or strategy for the control of the authority’s borrowing or capital expenditure; or
c
of formulating or preparing any other plan or strategy whose adoption or approval is, by virtue of regulation 5(1), a matter for determination by the authority,
the actions designated by paragraph (3) (“the paragraph (3) actions”) shall not be the responsibility of an executive of the authority.
2
Except to the extent of the paragraph (3) actions, any such function as is mentioned in paragraph (1) shall be the responsibility of such an executive.
3
The actions designated by this paragraph are —
a
the giving of instructions requiring the executive to reconsider any draft plan or strategy submitted by the executive for the authority’s consideration;
b
the amendment of any draft plan or strategy submitted by the executive for the authority’s consideration;
c
the approval, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his approval, of any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; and
d
the adoption (with or without modification) of the plan or strategy.
4
The function of amending, modifying, varying or revoking any plan or strategy of a description referred to in paragraph (1), (whether approved or adopted before or after the coming into force of these Regulations) —
a
shall be the responsibility of an executive of the authority to the extent that the making of the amendment, modification, variation or revocation —
i
is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for his approval, or to any part so submitted; or
ii
is authorised by a determination made by the authority when approving or adopting the plan or strategy, as the case may be; and
b
shall not be the responsibility of such an executive to any other extent.
5
Except to the extent mentioned in paragraph (6), the function of making an application —
a
under subsection (5) of section 135 (programmes for disposals) of the Leasehold Reform, Housing and Urban Development Act 1993 , or
b
under section 32 (power to dispose of land held for the purposes of Part II) or section 43 (consent required for certain disposals not within section 32) of the Housing Act 1985 ,
shall be the responsibility of an executive of the authority.
6
The extent mentioned in this paragraph is the authorisation of the making of the application.
7
The function of making such an application as is referred to in paragraph (5), to the extent mentioned in paragraph (6), shall not be the responsibility of an executive of the authority.
8
Section 101 of the 1972 Act shall not apply with respect to the discharge —
a
of a function specified in paragraph (1) to the exent that, by virtue of that paragraph, it is not the responsibility of an executive of the authority;
b
of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of an executive of the authority.
9
In connection with the discharge of the function of —
a
making a calculation in accordance with any of sections 32 to 37, 43 to 49, 52I, 52J, 52T and 52U of the Local Government Finance Act 1992 , whether originally or by way of substitute; or
b
issuing a precept under Chapter IV of Part I of that Act,
the actions designated by paragraph (11) (“the paragraph (11) actions”) shall be the responsibility of an executive of the authority.
10
Except to the extent of the paragraph (11) actions, any such function as is mentioned in paragraph (9) shall not be the responsibility of such an executive.
11
The actions designated by this paragraph are —
a
the preparation, for submission to the authority for their consideration, of —
i
estimates of the amounts to be aggregated in making the calculation or of other amounts to be used for the purposes of the calculation and estimates of the calculation; or
ii
the amounts required to be stated in the precept;
b
the reconsideration of those estimates and amounts in accordance with the authority’s requirements;
c
the submission for the authority’s consideration of revised estimates and amounts.
Discharge of executive functions by authorities
5
1
Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 to these Regulations (which, but for this paragraph, might be the responsibility of an executive of the authority), shall not be the responsibility of such an executive in the circumstances specified in column (2) in relation to that function.
2
Paragraph (1) shall not apply in relation to the discharge of a function of the description specified in paragraph 3 of column (1) of Schedule 4 where —
a
the circumstances which render necessary the making of the determination may reasonably be regarded as urgent; and
b
the individual or body by whom the determination is to be made has obtained from the chairman of a relevant overview and scrutiny committee or, if there is no such person, or if the chairman of every relevant overview and scrutiny committee is unable to act, from the chairman of the authority or, in his absence, from the vice-chairman, a statement in writing that the determination needs to be made as a matter of urgency.
3
In paragraph (2) “relevant overview and scrutiny committee” means an overview and scrutiny committee of the authority concerned whose terms of reference include the power to review or scrutinise decisions or other actions taken in the discharge of the function to which the determination relates.
4
The individual or body by whom a determination is made pursuant to paragraph (2) shall, as soon as reasonably practicable after the making of the determination, submit to the authority a report which shall include particulars of —
a
the determination;
b
the emergency or other circumstances in which it was made; and
c
the reasons for the determination.
5
Section 101 of the 1972 Act shall not apply with respect to the discharge of a function referred to in paragraph (1) which, by virtue of that paragraph, is not the responsibility of an executive of the authority.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
19th October 2000


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Act 1998 (Modification) (No. 2) Order 2000 and shall come into force on 4th January 2001.
Modification of the Northern Ireland Act 1998
2
In subsection (6) of section 87 of the Northern Ireland Act 1998 at the end there shall be added the following paragraph —
o
the Child Support, Pensions and Social Security Act 2000 and the Child Support, Pensions and Social Security Act (Northern Ireland) 2000
.
A. K. Galloway
Clerk of the Privy Council


text:
Title, extent and commencement
1
These Regulations may be cited as the Cereal Seeds (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 1st August 2000.
Amendment of the Cereal Seeds Regulations 1993
2
1
The Cereal Seeds Regulations 1993 , in so far as they extend to England, shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) —
a
after the definition of “Common Catalogue” there shall be inserted the following definition —
“genetically modified” has the same meaning as for the purposes of Council Directive 90/220/ EEC on the deliberate release into the environment of genetically modified organisms;
;
b
the definition of “marketing” shall be deleted; and
c
for the definition of official examination there shall be substituted the following definition —
“official examination” means —
in relation to Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation produced in the United Kingdom —
an examination or a test carried out by or on behalf of the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
an examination carried out under official supervision; or
a test carried out by an establishment licensed as a seed testing station under official supervision;
in relation to Breeder’s Seed, Pre-basic Seed and Basic Seed, produced in the United Kingdom —
an examination or a test carried out by or on behalf of the Minister, Scottish Ministers, the National Assembly for Wales or the Development of Agriculture and Rural Development; or
a test carried out by an establishment licensed as a seed testing station under official supervision; and
in relation to any description of seed produced elsewhere than in the United Kingdom, an examination or a test approved by the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
.
3
After paragraph (3) of regulation 3 there shall be inserted the following paragraphs —
3A
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
accompanied by a document validly issued by a competent authority in that member State or third country containing information specified at paragraph F(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.
3B
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
accompanied by a document validly issued by a competent authority in that member State or third country containing information specified (in respect of packages of seed not finally certified) at paragraph F(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.
3C
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom or a third country;
b
labelled appropriately in accordance with the requirements of regulation 9; and
c
in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, validly sealed by a competent authority in a member State other than the United Kingdom or a third country,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above
.
4
At the end of regulation 3 there shall be added the following paragraphs —
6
In these Regulations “marketing” means —
a
selling, holding with a view to sale and offering for sale; and
b
any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration,; and “market” and “marketed” shall be construed accordingly.
7
Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
a
the supply of seed to official testing and inspection bodies; or
b
the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied,
shall not be treated as marketing of seed of that variety.
.
5
In regulation 4 —
a
in paragraph (1), for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;
b
in paragraph (2), sub-paragraphs (b), (c) and (d) shall be revoked; and
c
paragraph (3) shall be revoked.
6
In regulation 5(1) —
a
in sub-paragraph (a) after the words “Breeder’s Seed” there shall be inserted the words “Pre-basic Seed,”;
b
in sub-paragraph (b) for the words “regulation 9(1)” there shall be inserted the words “regulation 9(1), (1B),”; and
c
after sub-paragraph (c) there shall be added the following sub-paragraph —
d
in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, as having been genetically modified.
.
7
After paragraph (1) of regulation 5 there shall be inserted the following paragraph —
1A
Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.
.
8
After paragraph (2) of regulation 5 there shall be inserted the following paragraphs —
2A
Where there is an arrangement under which —
a
seed, other than seed which contains any genetically modified material, under the control of one person is used by another person for the purpose of —
i
increasing the first person’s stock of the seed for sowing; or
ii
carrying out tests or trials on the seed; and
b
everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.
2B
The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.
2C
If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to —
a
the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;
b
the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or
c
the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.
2D
The conditions referred to in paragraph (2C) above are —
a
the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;
b
the seeds are accompanied during marketing by a copy of the consent;
c
all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/457/EEC , have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and
d
in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the Minister in accordance with paragraph (2E) below to the person marketing the seed.
2E
An authorisation may be granted by the Minister for the purpose of paragraph (2D)(d) above if —
a
the person intending to market the seed has applied to the Minister no later than 15 working days before the seed is marketed —
i
giving the Minister notice of his intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; and
ii
giving the Minister such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC , and the proposed marketing in respect of which the authorisation is sought, as the Minister may require for the purposes of determining whether or not to grant the authorisation; and
b
the Minister is satisfied that an authorisation should be granted.
.
9
After paragraph (12) in regulation 5 there shall be inserted the following paragraphs —
12A
Cereal seeds produced and packaged in a Member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are —
a
sealed and labelled as required by regulations 8 and 9; and
b
accompanied by an official document containing all the information in respect of the seeds specified at paragraph F(b) of Part I of Schedule 6.
12B
A person who imports a package containing a net weight of more than 2 kilograms of cereal seeds produced in a country other than another Member State shall make available to the Minister, in such manner and at such time as the Minister may require, the information in respect of the seeds specified in Part IV of Schedule 6.
.
10
In regulation 5(13) the words “may be imported but” shall be deleted.
11
In regulation 9 —
a
after paragraph (1A) there shall be inserted the following paragraph —
1B
If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.
;
b
in paragraph (5) —
a
for the word “marked” there shall be substituted the word “marketed”; and
b
in sub-paragraph (b) for the words “Part V” there shall be substituted the words “Part VI”; and
c
in paragraph (12)(b) for the words “Part IV” there shall be substituted the words “Part V”.
12
In Schedule 6 —
a
in Part III, paragraphs A(a)9 and B(a)6 shall be revoked;
b
“Part IV” (Particulars to be marked or displayed on the sale of unpacketed seeds) shall be renumbered “Part V”;
c
“Part V” (Printing of specified matters on packages (whole-bag labelling)) shall be renumbered “Part VI”; and
d
after Part III there shall be inserted the following part —
Part IV
Information in respect of seeds imported from third countries in packages more than 2 kilograms in net weight
1
Species.
2
Variety.
3
Category.
4
Country of production and official inspection authority.
5
Country of despatch.
6
Importer.
7
Quantity of seed.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
7th July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Milton Keynes Primary Care Trust (Establishment) Order 2000 and shall come into force on 4th August 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Milton Keynes Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Milton Keynes Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st October 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Buckinghamshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Buckinghamshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Milton Keynes Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
24th July 2000


text:
1
This Order may be cited as the Immigration (Variation of Leave) (Amendment) Order 2000 and shall come into force on 2nd October 2000.
2
In the Immigration (Variation of Leave) Order 1976 , after paragraph (2)(d) of article 3, there is to be inserted —
e
in a case in which the date of the decision is 2nd October 2000 or later.
.
Barbara Roche
Minister of State
Home Office
11th September 2000