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PART 1
Introduction
Title, application, commencement and interpretation
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England) Regulations 2005; they apply in relation to England only and come into force on 15th August 2005.
2
In these Regulations —
“approved assembly centre” means an assembly centre approved by the Secretary of State in accordance with regulation 12;
“assembly centre” means any holding, collection centre or market at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which is used in the course of intra-Community trade;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“dealer” means —
in the case of cattle or pigs, any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership; and
in the case of sheep or goats, any person who buys and sells animals commercially either directly or indirectly, who has a turnover of those animals and who within 29 days of purchasing animals resells or relocates them to other premises or directly to a slaughterhouse not within his ownership;
“Defra” means the Department for Environment, Food and Rural Affairs;
“European international instruments” means —
the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Irelan ;
the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation ;
the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded ; and
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ;
“herd” or “flock” means a group of animals kept as an epidemiological unit;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority, and when used in relation to a person so appointed by the Secretary of State includes a veterinary inspector;
“local authority” means —
as respects each unitary authority, metropolitan district or non-metropolitan county, the council of that unitary authority, district or county;
as respects each London borough, the council of that borough, except in relation to imported live animals; and
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“re-inspection” in relation to the Poultry Health Scheme means an additional inspection described in paragraph 8 of Part I, Schedule 4, and “re-inspection fee” is the fee provided for in that paragraph;
“required consignment documentation” means any certificates or other documents that are required by these Regulations to accompany the consignment;
“veterinary inspector” means a person appointed as a veterinary inspector by the Secretary of State.
3
References in these Regulations to the European Union legislation listed in this paragraph shall be construed as follows —
“Commission Regulation ( EC ) No. 282/2004 ” means Commission Regulation (EC) No. 282/2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community ;
“Council Directive 64/432/ EEC ” means Council Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine as amended by and as read with the instruments listed in paragraph 1 of Part I of Schedule 3;
“Council Directive 90/425/EEC ” has the meaning given in paragraph 4(a);
“Council Directive 90/427/EEC ” means Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae , as amended by and as read with the instruments listed in paragraph 15 of Part I of Schedule 3;
“Council Directive 90/539/EEC ” means Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs , as amended by and as read with, in relation to intra-Community trade with the instruments listed in paragraph 6 of Part I of Schedule 3 and in relation to imports from third countries, the instruments listed in paragraph 9 of Part II of Schedule 7;
“Council Directive 91/67/EEC ” means Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products , as amended by and as read with the instruments listed in paragraph 8(1) of Part I of Schedule 3;
“Council Directive 91/68” means Council Directive 91/68/EEC on animal health conditions governing intra-Community trade in ovine and caprine animals as amended by and as read with the instruments listed in paragraph 9 of Part I of Schedule 3;
“Council Directive 91/496/EEC ” has the meaning given in paragraph 4(b);
“Council Directive 92/65/EEC ” means Council Directive 92/65/EEC laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC , as amended by and as read with, in relation to intra-Community trade, the instruments listed in paragraph 10 of Part I of Schedule 3, and in relation to imports from third countries, the instruments listed in paragraph 10 of Part II of Schedule 7;
“Regulation (EC) No. 998/2003 ” means Regulation (EC) No. 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals and amending Council Directive 92/65/EEC , as amended by Commission Regulation (EC) No. 2054/2004 .
4
Unless specifically defined in these Regulations, any expression used in these Regulations has the meaning it bears in the following instruments —
a
Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market as amended by and as read with the instruments listed in Schedule 1; and
b
Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries as amended by and as read with the instruments listed in Schedule 1.
5
A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Exception
2
1
Subject to paragraph (2), these Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
2
Where any person is accompanying and has under his responsibility more than five pets travelling together that —
a
are each of a species listed in Annex I to Regulation (EC) No. 998/2003 ; and
b
come from a third country other than one listed in section 2 of part B of Annex II to Regulation (EC) No. 998/2003 ,
these Regulations shall apply to the veterinary checks on the movements of those animals, notwithstanding that their movement is not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description, or a particular case, that she, and not the local authority, shall discharge any duty imposed on a local authority under paragraph (1).
PART 2
Intra-Community Trade
Application of Part 2
4
This Part shall apply to trade between member States in live animals and animal products that are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments (listed instruments) in Part I of Schedule 3 unless —
a
it complies with the relevant provisions of the listed instruments (including any option which has been exercised by the member State of destination), and any additional requirements specified in that Part;
b
when required by a listed instrument, it is accompanied by —
i
an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or
ii
any other document required by the instrument;
c
when required by a listed instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and
d
if the animal is acquired through or transits an assembly centre, that centre is an approved assembly centre.
2
If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation he may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
No person shall export to another member State any animal to which the provisions of Article 6, 7, 9 or 10 of Council Directive 92/65/EEC apply unless the animal originates from —
a
a holding that has been registered with the Secretary of State and the owner or person in charge of that holding has given to the Secretary of State undertakings in accordance with Article 4 of Council Directive 92/65/EEC ; or
b
a body, institute or centre that has been approved by the Secretary of State in accordance with regulation 9(1) and that conforms with the requirements of Annex C to Council Directive 92/65/EEC .
5
No person shall export to another member State any hatching eggs, day-old chicks or poultry to which Article 6 of Council Directive 90/539/EEC , applies unless they originate from an establishment that —
a
is a member of the monitoring scheme, known as the Poultry Health Scheme, operated by the Secretary of State in accordance with Schedule 4 to these Regulations; and
b
conforms with the requirements of Annex II to Council Directive 90/539/EEC .
6
An establishment to which paragraph (5)(a) applies is to be considered an approved establishment for the purposes of Article 6(1)(a) of Council Directive 90/539/EEC .
Imports
6
1
No person shall import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument (subject to any derogations specified in that Part) and with any additional requirements specified in that Part.
2
Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, shall comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves England, as the case may be.
3
Where cattle, pigs, sheep or goats are imported from another member State for slaughter in England and are taken to an approved assembly centre (the centre), the importer shall ensure that they are removed from the centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the centre, and in the case of cattle and pigs within 3 days of their arrival at the centre.
4
Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.
5
Where an animal is imported from another member State for slaughter, other than an animal taken to an approved assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
6
If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the required consignment documentation.
3
In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
In the case of the transport of cattle, pigs, sheep or goats, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 in accordance with Schedule 9 to that Order.
Dealers
8
1
Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade shall comply with Part III of Schedule 3.
2
Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the Secretary of State, shall register as such with the Secretary of State and shall give such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
The Secretary of State shall keep a register of dealers registered under paragraph (2).
4
Any person who has registered under paragraph (2) shall keep a record of —
a
all deliveries of animals; and
b
where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,
and shall keep such records for 12 months from the arrival of the consignment.
Approval of centres and teams for the purposes of Council Directive 92/65/EEC and of laboratories for the purposes of Council Directive 90/539/EEC
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
4
The Secretary of State shall approve laboratories in accordance with Schedule 5 to these Regulations for the purposes of carrying out the tests for Mycoplasma infections required under Chapter III of Annex II to Council Directive 90/539/EEC .
5
The tests for Salmonella infections required under Chapter III of Annex II to Council Directive 90/539/EEC shall be carried out by laboratories authorised pursuant to article 2(1) of the Poultry Breeding Flocks and Hatcheries Order 1993 .
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into England from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC ) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector referred to in paragraph (1) shall be the inspector authorised by the Secretary of State to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12
1
Any person operating an assembly centre shall do so in accordance with this regulation.
2
The assembly centre shall be approved by the Secretary of State and given a number, and approval shall only be given if the Secretary of State is satisfied that —
a
in the case of an assembly centre used for cattle or pigs, the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC ;
b
in the case of an assembly centre used for sheep or goats, the centre complies with the requirements of paragraphs (a) to (d) of Article 8a(1) of Council Directive 91/68/EEC ; and
c
the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC .
3
The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
4
Where animals are consigned to an assembly centre, the operator of the assembly centre shall —
a
ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC ; and
b
record on a register —
i
the name of the owner, the origin, date of entry and exit, number of the animals, and their proposed destination;
ii
the registration number of the transporter and the licence number of the vehicle delivering or collecting animals from the centre;
iii
in the case of cattle, the identification of the animals or the registration number of the holding of origin as well as the information in paragraphs (i) and (ii);
iv
in the case of pigs, the registration number of the holding of origin or of the herd of origin as well as the information in paragraphs (i) and (ii); and
v
in the case of sheep or goats, the identification of the animals, or the registration number of the holding of origin of the animals, and, where applicable, the approval or registration number of any assembly centre through which the animals have passed prior to entering the centre as well as the information in paragraphs (i) and (ii),
and shall preserve each such record in the register for a minimum of three years.
5
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC .
6
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Secretary of State to receive that notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose; or
b
by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
7
Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;
b
shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and
c
if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 6 or of a zoonosis or any other disease or cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may serve a notice in accordance with paragraph (2) on the person appearing to him to be in charge of those animals or products.
2
The notice shall require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice for the purpose of preventing the introduction or spreading of disease into or within England; or
b
without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.
3
Subject to the provisions of paragraph (4) if an inspector knows or suspects that animals or animal products do not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 , maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation;
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
4
If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (3) unless —
a
he has given the consignor, his representative or the person appearing to him to be in charge of those animals or products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and
b
the required consignment documentation has not been produced within that time.
5
In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART 3
Third Countries
Application of Part 3
14
1
This Part shall apply in respect of animals imported into England —
a
from anywhere other than a member State, and
b
from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Secretary of State shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal except from a country or territory specified under the instruments in Part I of Schedule 7.
3
No person shall import any animal to which an instrument in Part II of Schedule 7 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.
4
Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
5
In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.
6
The person in charge of an animal that has been imported for immediate re-export, either directly or indirectly, outside the European Community shall comply with Article 4, second indent, of Commission Regulation (EC) No. 282/2004 .
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given notice of his intention to do so in accordance with Article 1 of Commission Regulation (EC) No. 282/2004 .
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the instruments in Schedule 7 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless the common veterinary entry document has been completed in accordance with Article 3(1) of Commission Regulation (EC) No. 282/2004 indicating that all necessary veterinary checks have been carried out to the satisfaction of the official veterinarian.
4
No person shall remove any animal from Customs temporary storage arrangements —
a
unless the common veterinary entry document has been produced in accordance with Article 3(3) of Commission Regulation (EC) No. 282/2004 to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
b
to any place other than the place of destination specified in the common veterinary entry document, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
5
The person in charge of an animal imported from a third country shall ensure that it is conveyed to its place of destination without delay and that the original of the common veterinary entry document accompanies it to its place of destination in accordance with Article 3(4) of Commission Regulation (EC) No. 282/2004 .
6
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person appearing to him to be in charge of an animal permit the owner or person so served to move the animal from the border inspection post, and require that owner or person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 shall apply as they apply at a border inspection post.
7
In the event of a notice served under paragraph (4) or (6) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post or the test results referred to in regulation 18(6) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC , as amended by Council Directive 95/29/EC , a veterinary inspector shall, by notice served on the person appearing to him to be in charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or
c
re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate accompanying the rejected consignment and complete the box “details of re-consignment” in part 3 of the common veterinary entry document in accordance with the second indent of Article 3(1) of Commission Regulation (EC) No. 282/2004 as soon as the relevant information is known.
4
If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to be in charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
1
On arrival at their place of destination, elephants and animals of the order Artiodactyla (and their crossbreeds) that are for breeding, production or fattening, or that are intended for zoos, amusement parks or hunting or wildlife reserves, shall be detained at the premises by the person having control of those premises for at least 30 days and he shall not release them until authorised in writing by an authorised officer of the Secretary of State.
2
Paragraph (2) does not apply in the case of animals being dispatched directly to a slaughterhouse.
3
Animals of species to which paragraph (2) does not apply that are for breeding or production shall be detained at the place of destination by the person having control of those premises, and he shall not release them unless authorised in writing by an authorised officer of the Secretary of State.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with, then the provisions of regulation 21 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART 4
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part 4
24
This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the common veterinary entry document and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC and Article 3 of Regulation (EC) No. 282/2004 .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART 5
General
Outbreaks of disease in other states
27
1
This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 6, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state.
3
Such a declaration shall be published in such manner as the Secretary of State thinks fit.
4
Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
30
The consignor, his representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
31
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
32
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
33
1
A person contravening any provision of these Regulations, except the provisions contained in paragraph 6 of Part I of Schedule 4 and paragraph 2 of Part I of Schedule 5, or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 31(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.
Disapplication of provisions
34
The provisions of the legislation listed in Schedule 8 shall not apply to imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies, or to imports of an animal to which an instrument in Schedule 7 applies from the country subject to that instrument, to the extent specified in column 3 of the table given in Schedule 8.
Revocations
35
The Animals and Animal Products (Import and Export) (No. 2) Regulations 2004 are revoked.
Bach
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th July 2005
We consent to the making of these Regulations.
Vernon Coaker
Tom Watson
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2005 and shall come into force on the 14th March 2005.
2
Any reference to a regulation by number alone means the regulation so numbered in the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 .
Amendment to the Special Commissioners (Jurisdiction and Procedure) Regulations 1994
2
In regulation 2 in the definition of “proceedings” after paragraph (n) insert —
o
any appeal to the Special Commissioners under regulations made under section 13 of the Child Trust Funds Act 2004 or any appeal to the Special Commissioners under section 22 of that Act;
.
Signed by authority of the Lord Chancellor
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
10th February 2005
The Scottish Ministers consent to the making of these Regulations
Cathy Jamieson
A Member of the Scottish Executive
10th February 2005


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005.
2
These Regulations shall come into force on 20th October 2005.
3
These Regulations extend to the United Kingdom except regulation 5 which extends to England, Wales and Scotland.
Interpretation
2
1
In these Regulations —
“the 1993 Act ” means the Radioactive Substances Act 1993 ;
“authorisation” means an authorisation granted under section 13 or 14 of the 1993 Act;
“the Basic Safety Standards Directive ” means Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation;
“existing high-activity source” means a high-activity source first placed on the market on or before 31st December 2005;
“the HASS Directive ” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;
“high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to the Basic Safety Standards Directive;
“registration” means a registration made under section 7 or 10 of the 1993 Act.
2
Unless otherwise stated, expressions used that appear in the 1993 Act or the HASS Directive have the same meaning in these Regulations as they do in that Act or, as the case may be, that Directive.
Variation of registrations
3
1
Subject to paragraph (2), where a person holds a registration in respect of any high-activity source and either —
a
intends to keep or use a high-activity source (other than an existing high-activity source) on or after 1st January 2006; or
b
intends to keep or use an existing high-activity source on or after 1st January 2008;
that person shall apply to the appropriate Agency or the chief inspector under section 12 of the 1993 Act to vary his registration to enable the appropriate Agency or the chief inspector to ensure that the registration complies with the relevant provisions of the HASS Directive and that person shall make that application in accordance with paragraph (3).
2
The appropriate Agency or the chief inspector may notify a person to whom paragraph (1) applies —
a
that such person is not required to make an application under paragraph (1); or
b
if it, or he, is satisfied that in its, or his, opinion exceptional circumstances apply to that person, that such person may make an application within a period shorter than that provided for under paragraph (3).
3
Except where notification is given under subparagraph (2)(b), the application under paragraph (1) shall be made —
a
at least four months before the date the source is intended to be kept or used; or
b
in the case of a high-activity source (other than an existing high-activity source) which is intended to be kept or used within four months of these Regulations coming into force, as soon as practicable and in any event at least two months before the date of intended keeping or use of the source.
4
If a person fails to make an application in accordance with paragraph (3), his registration shall be cancelled by the appropriate Agency or the chief inspector, so far as it relates to the high-activity source in question.
Variation of authorisations
4
1
Subject to paragraph (2), where a person holds an authorisation in respect of any high-activity source and either —
a
intends to dispose of or accumulate a high-activity source (other than an existing high-activity source) on or after 1st January 2006; or
b
intends to dispose of or accumulate an existing high-activity source on or after 1st January 2008;
that person shall apply to the appropriate Agency or the chief inspector under section 17 of the 1993 Act to vary his authorisation to enable the appropriate Agency or the chief inspector to ensure that the authorisation complies with the relevant provisions of the HASS Directive and that person shall make that application in accordance with paragraph (3).
2
The appropriate Agency or the chief inspector may notify a person to whom paragraph (1) applies —
a
that such person is not required to make an application under paragraph (1); or
b
if it, or he, is satisfied that in its, or his, opinion exceptional circumstances apply to that person, that such person may make an application within a period shorter than that provided for under paragraph (3).
3
Except where notification is given under subparagraph (2)(b), the application under paragraph (1) shall be made —
a
at least four months before the date the source is intended to be disposed of or accumulated; or
b
in the case of a high-activity source (other than an existing high-activity source) which is intended to be disposed of or accumulated within four months of these Regulations coming into force, as soon as practicable and in any event at least two months before the date of intended disposal or accumulation of the source.
4
If a person fails to make an application in accordance with paragraph (3), his authorisation shall be revoked by the appropriate Agency or the chief inspector, so far as it relates to the high-activity source in question.
Exercise of powers of the appropriate Agency
5
1
Paragraph (2) applies with regard to the exercise of the powers of the appropriate Agency concerning the prevention of unauthorised access to, or loss or theft of —
a
high-activity sources; or
b
other sealed sources which, in the opinion of the appropriate Agency, are of a similar level of potential hazard to high-activity sources;
including matters relating to the security of sites where such material is held.
2
The appropriate Agency may exercise its powers under any enactment in relation to the matters referred to in paragraph (1) notwithstanding that the control of pollution is not the primary or only purpose for which the powers are exercised.
3
For the purposes of paragraph (2), “any enactment” includes any Act of the Scottish Parliament or any subordinate legislation made under such an Act.
Site security
6
1
Subject to paragraph (2), in performing its, or his, functions under sections 7, 10, 12, 13, 14 or 17 of the 1993 Act, the appropriate Agency or chief inspector shall comply with paragraphs (3) and (4) where the following material is, or will be, kept, used, disposed of or accumulated on any premises —
a
high-activity sources; or
b
other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources.
2
Paragraph (1) shall not apply where the premises are, or are part of, a nuclear site.
3
Where paragraph (1) applies, the appropriate Agency or chief inspector, in considering if the measures taken, or to be taken, by the applicant or person granted the registration or authorisation ensure the adequate security of any premises, shall where it, or he, considers it appropriate —
a
inspect those premises; and
b
consult with the police and such other persons as it, or he, considers appropriate concerning the measures.
4
Where paragraph (1) applies, the appropriate Agency or chief inspector shall have regard to any advice it, or he, receives from the police or other persons within such time as the appropriate Agency or chief inspector believes is reasonable before —
a
determining the registration or authorisation or effecting any variation or cancellation of the registration or authorisation; or
b
imposing any limitations and conditions on the registration or authorisation.
5
Where the appropriate Agency or chief inspector inspect any premises under paragraph (3), it, or he, may be accompanied by such other persons as are appropriate to assist it, or him, in assessing the measures.
6
An applicant or person holding a registration or authorisation shall permit the appropriate Agency or chief inspector (and any person accompanying them) reasonable access to any premises it, or he, wishes to inspect under paragraph (3).
7
If an applicant or person holding a registration or authorisation fails to comply with paragraph (6), the appropriate Agency or chief inspector may refuse the application or cancel the registration or revoke the authorisation insofar as it relates to the sources referred to in paragraph (1).
Records and inspections
7
The appropriate Agency and the chief inspector shall —
a
keep records of those matters —
i
required by Articles 5(3) and (4) of the HASS Directive; and
ii
notified to it, him or them under Article 6 of that Directive;
and
b
establish or maintain a system of inspections to enforce the provisions of Articles 3, 4, 5 and 6, and 7 (subject to 16(1)(b)) of the HASS Directive which must be complied with by persons holding registrations or authorisations.
Advice and assistance in respect of orphan sources
8
1
The relevant person referred to in paragraph (2) shall ensure that —
a
in relation to the public and workers, specialised technical advice and assistance is promptly made available to such persons who are not normally involved in operations subject to radiation protection requirements and who suspect the presence of an orphan source; and
b
the primary aim of such advice and assistance is —
i
the safety of the source; and
ii
the protection of the public and workers from radiation.
2
For the purposes of paragraph (1) —
a
in relation to England and Wales and Scotland and the protection of workers and in relation to England and the protection of the public (except workers), the relevant person means the Secretary of State;
b
in relation to Wales and the protection of the public (except workers), the relevant person means the National Assembly for Wales,
c
in relation to Scotland and the protection of the public (except workers), the relevant person means the Scottish Ministers, and
d
in relation to Northern Ireland and the protection of the public (except workers), the relevant person means the Department of the Environment and in relation to the protection of workers the relevant person means the Department of Enterprise, Trade and Investment.
Amendment of section 7 of the 1993 Act
9
Section 7 of the 1993 Act (registration of users of radioactive material) shall be amended as follows —
a
in subsection (7), omit from “,except in” to “subsection (6),”;
b
after subsection (7) insert —
7A
Subsection (7) does not apply —
a
in relation to high-activity sources and to other sealed sources which, in the opinion of the appropriate Agency or the chief inspector, are of a similar level of potential hazard to high-activity sources, or
b
in determining whether to impose any conditions falling within paragraph (b) or (c) of subsection (6).
;and
c
in subsection (8), for paragraph (a) substitute —
a
shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and
.
Amendment of section 10 of the 1993 Act
10
In subsection (5) of section 10 of the 1993 Act (registration of mobile radioactive apparatus), for paragraph (a) substitute —
a
shall furnish him with a certificate which contains all material particulars of the registration or gives sufficient information as to the particulars to enable them to be ascertained, and
.
Amendment of section 12 of the 1993 Act
11
After subsection (1) of section 12 of the 1993 Act (cancellation or variation of registration) insert —
1A
The powers of the appropriate Agency and of the chief inspector under this section are exercisable with or without the making of an application by the person holding the registration.
.
Amendment of section 16 of the 1993 Act
12
In subsection (9) of section 16 of the 1993 Act (grant of authorisations), for paragraph (a) substitute —
a
shall furnish the person to whom the authorisation is granted with a certificate which contains all material particulars of the authorisation or gives sufficient information as to the particulars to enable them to be ascertained, and
.
Amendment of section 16A of the 1993 Act
13
In subsection (8) of section 16A of the 1993 Act (transfer of authorisations), for paragraph (b) substitute —
b
furnish the transferee with a certificate which contains all material particulars of the authorisation he holds as a result of the transfer or gives sufficient information as to the particulars to enable them to be ascertained;
.
Amendment of section 20 of the 1993 Act
14
Section 20 of the 1993 Act (retention and production of site or disposal records) shall be amended as follows —
a
in subsection (1) after the word “site” add “, source transfer”; and
b
in subsection (4), in the definition of “records” after the words “of any place where the apparatus is kept” insert —
“,source transfer records” means records relating to the transfer of control of high-activity sources
.
Amendment of section 23 of the 1993 Act
15
After subsection (5) of section 23 of the 1993 Act (power of Secretary of State to give directions to the appropriate agency and chief inspector) insert —
6
In Northern Ireland, where the Department of the Environment gives directions to the chief inspector under this section for the purpose of implementing provisions of the HASS Directive the following requirements apply —
a
any direction shall be published in such manner as the Department considers appropriate for the purpose of bringing the matters to which it relates to the attention of persons likely to be affected by it;
b
copies of a direction shall be made available to the public;
c
notice of a direction and of where a copy may be obtained shall be given in the Belfast Gazette;
d
a direction shall be given only after consultation with the chief inspector; and
e
no direction shall be varied or revoked unless, notwithstanding the variation or revocation, the provisions of the HASS Directive as they have effect for the time being which were implemented by that direction, continue to be implemented, whether by directions or any other instrument or by any enactment.
.
Section 30A of the 1993 Act
16
After section 30 of the 1993 Act (power of the appropriate Agency to dispose of radioactive waste) insert the following —
Recovery and disposal of orphan sources
30A
1
The appropriate Agency shall be prepared or have made provision, including assignment of responsibilities, to recover any orphan source and shall have drawn up appropriate response plans and measures.
2
The appropriate Agency shall have the power to recover any expenses reasonably incurred by it (or by a person on its behalf) in the recovery and disposal of an orphan source from the holder of that source or from the occupier or owner of the premises where the source is located.
3
For the purposes of paragraph (2), “holder” means the person who is or is required to be registered or authorised under this Act in relation to that orphan source.
4
If the relevant person thinks fit, the relevant person may make available to the appropriate Agency a sum or sums of money in respect of costs and expenses incurred or to be incurred by the appropriate Agency (or by a person on its behalf) in relation to the recovery and disposal of orphan sources where —
a
the amount of such costs and expenses exceeds or is expected to exceed any reasonable provision for such costs and expenses made by the appropriate Agency, and
b
the making available of such sum or sums is necessary to enable the recovery and disposal of any orphan source.
5
In subsection (4), “relevant person” means —
a
in relation to England, the Secretary of State,
b
in relation to Wales, the National Assembly for Wales,
c
in relation to Scotland, the Scottish Ministers, and
d
in relation to Northern Ireland, the Department of the Environment.
6
In the application of this section to Northern Ireland a reference to the appropriate Agency must be taken to be a reference to the chief inspector.
.
Amendment of section 47 of the 1993 Act
17
1
In subsection (1) of section 47 of the 1993 Act (general interpretation provisions) the following definitions shall apply —
a
after the definition of “disposal” insert the following —
“the HASS Directive” means Council Directive 2003/122/EURATOM on the control of high-activity sealed radioactive sources and orphan sources;
“high-activity source” has the same meaning as it has in the HASS Directive but excluding any such source once its activity level has fallen below the exemption levels specified in column 2 of Table A to Annex I to Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation,
; and
b
after the definition of “nuclear site licence” insert the following —
“orphan source” has the same meaning as it has in the HASS Directive,
.
2
After subsection (5) of section 47 insert —
5A
A reference in this Act to the keeping or use of radioactive material means, in relation to a high-activity source, any practice in relation to that source except the disposal or accumulation of the source: and “practice” must be construed in accordance with Council Directive 96/29/EURATOM laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionising radiation.
.
Amendment of section 48 of the 1993 Act
18
In section 48 of the 1993 Act (index of defined expressions) the following shall apply —
a
after the reference to “disposal” insert —
the HASS Directive section 47(1) high-activity source section 47(1)
;and
b
after the reference to “nuclear site licence” insert —
orphan source section 47(1)
.
The Ionising Radiations Regulations 1999 and 2000
19
1
Paragraph (2) applies to —
a
paragraphs (a) and (b) of regulation 14 of the Ionising Radiations Regulations 1999 ; and
b
paragraphs (a) and (b) of regulation 14 of the Ionising Radiations Regulations (Northern Ireland) 2000 ,
referred to in this regulation as the “ionising radiations provisions”.
2
In relation to a high-activity source, the appropriate training and adequate information required by the ionising radiations provisions shall include —
a
specific requirements for the safe management of such a source;
b
particular emphasis on the necessary safety requirements in relation to such a source; and
c
specific information on possible consequences of the loss of adequate control of such a source,
and such training and information shall be repeated at regular intervals and documented, with a view to preparing the employees and other persons referred to in the ionising radiations provisions for such matters.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
24th September 2005