text:
PART 1 Introduction
Title and commencement
1
These Regulations may be cited as the Veterinary Medicines Regulations 2009 and come into force on 1st October 2009.
Definition of “veterinary medicinal product”, interpretation and scope
2
1
In these Regulations “veterinary medicinal product” means —
a
any substance or combination of substances presented as having properties for treating or preventing disease in animals; or
b
any substance or combination of substances that may be used in, or administered to, animals with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
2
In addition —
“adverse reaction” means a reaction to a veterinary medicinal product that is harmful and unintended and that occurs at doses normally used in animals for the prophylaxis, diagnosis or treatment of disease or to restore, correct or modify a physiological function;
“the Agency” means the European Medicines Agency established by Regulation (EC) No 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“animal” means all animals other than man and includes birds, reptiles, fish, molluscs, crustacea and bees;
“the cascade” has the meaning given in paragraph 1 of Schedule 4;
“horse passport” means a passport issued in accordance with the provisions of Commission Regulation (EC) No 504/2008 implementing Council Directives 90/426/EEC and 90/427/EEC as regards methods for the identification of equidae ;
“immunological veterinary medicinal product” means a veterinary medicinal product administered to animals in order to produce active or passive immunity or to diagnose the state of immunity;
“risk-benefit balance” means an evaluation of the positive therapeutic effects of the veterinary medicinal product in relation to —
any risk to human or animal health relating to the quality, safety or efficacy of the veterinary medicinal product; or
any risk of undesirable effects on the environment;
“strength” means the amount of active substances in a dosage unit or unit of volume or weight.
3
In these Regulations any reference to a member State is a reference to a member State of the European Union and Norway, Iceland and Liechtenstein.
4
For the avoidance of doubt, these Regulations apply to veterinary medicinal products irrespective of whether or not there is other legislation controlling a product.
Products to which these Regulations do not apply
3
1
These Regulations do not apply to a veterinary medicinal product based on radio-active isotopes.
2
They do not apply in relation to a product intended for administration in the course of a procedure licensed under the Animals (Scientific Procedure) Act 1986 , except that, if the animals are to be put into the human food chain, the only products that may be administered to the animals are —
a
authorised veterinary medicinal products administered in accordance with their marketing authorisation, or
b
products administered in accordance with an animal test certificate granted under paragraph 9 of Schedule 4.
PART 2 Authorised veterinary medicinal products
Placing a veterinary medicinal product on the market
4
1
It is an offence to place a veterinary medicinal product on the market unless that product has been granted a marketing authorisation by the Secretary of State or the Agency.
2
Any person who certifies data in relation to an application for a marketing authorisation or in relation to an existing marketing authorisation and who knows that those data are false, or does not believe that they are accurate, is guilty of an offence.
3
Schedule 1 (marketing authorisations) has effect.
Manufacture of veterinary medicinal products
5
1
The holder of a marketing authorisation must ensure that every stage in the manufacture of the veterinary medicinal product is carried out by the manufacturer specified in the marketing authorisation (who must, if the manufacture is carried out in the United Kingdom, hold a manufacturing authorisation for that type of product granted by the Secretary of State) and failure to do so is an offence.
2
Schedule 2 (the manufacture of veterinary medicinal products) has effect.
3
“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product .
The finished product
6
The holder of a marketing authorisation for a veterinary medicinal product is guilty of an offence if either the holder or the manufacturer supplies a product that is not completely in accordance with the marketing authorisation.
Classification, supply and possession of the product
7
1
Schedule 3 (classification and supply, wholesale dealers and sheep dip) has effect.
2
Any person who supplies a veterinary medicinal product that has passed its expiry date is guilty of an offence.
3
Any person who opens the package (including the outer package) of a veterinary medicinal product before it has been supplied to the final user, other than as permitted under Schedule 3, is guilty of an offence.
4
Any person who supplies an authorised human medicinal product for administration to an animal (other than a product supplied by a veterinary surgeon or in accordance with a written prescription from a veterinary surgeon that includes all the information specified in paragraph 6 of Schedule 3) is guilty of an offence.
5
Any person in possession of a veterinary medicinal product that was supplied to that person other than in accordance with Schedule 3 is guilty of an offence.
Administration of the product
8
It is an offence to administer a veterinary medicinal product to an animal unless —
a
the product has a marketing authorisation authorising its administration in the United Kingdom, and the administration is in accordance with that marketing authorisation; or
b
it is administered in accordance with Schedule 4 (administration of a veterinary medicinal product outside the terms of a marketing authorisation) or Schedule 6 (exemptions for small pet animals).
Importation of authorised veterinary medicinal products
9
1
It is an offence to import a veterinary medicinal product authorised for use in the United Kingdom except in accordance with this regulation.
2
A holder of a marketing authorisation for a veterinary medicinal product may import that veterinary medicinal product.
3
A holder of a manufacturing authorisation may import a veterinary medicinal product to which that authorisation relates.
4
An authorised wholesale dealer may import a veterinary medicinal product if —
a
the authorisation covers the product; and
b
the dealer has notified the holder of the marketing authorisation in writing before importation.
5
A veterinary surgeon or a pharmacist may import any authorised veterinary medicinal product.
6
A suitably qualified person (registered in accordance with paragraph 14 of Schedule 3) may import any authorised veterinary medicinal product that that person is permitted to supply.
7
There are no restrictions on the importation of an authorised veterinary medicinal product in category AVM-GSL.
Advertising the product
10
1
It is an offence to advertise a veterinary medicinal product if the advertisement is misleading or contains any medicinal claim that is not in the summary of product characteristics.
2
It is an offence to advertise an authorised human medicinal product for administration to animals (including sending a price list of or including authorised human medicinal products to a veterinary surgeon or veterinary practice).
3
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that —
a
the list is sent following a request from the veterinary surgeon to whom it is sent; and
b
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be prescribed and administered under the cascade.
Advertising of prescription products and products containing psychotropic drugs or narcotics
11
1
It is an offence to advertise a veterinary medicinal product that —
a
is available on veterinary prescription only; or
b
contains psychotropic drugs or narcotics.
2
In the case of a product containing psychotropic drugs or narcotics, this does not apply to advertisements aimed at veterinary surgeons or pharmacists.
3
In the case of POM-V medicines, this does not apply to price lists, or to advertisements aimed at veterinary surgeons, veterinary nurses, pharmacists or professional keepers of animals.
4
In the case of POM-VPS medicines, this does not apply to price lists, or to advertisements aimed at —
a
veterinary surgeons;
b
pharmacists;
c
suitably qualified persons registered in accordance with paragraph 14 of Schedule 3;
d
other veterinary health care professionals;
e
professional keepers of animals; or
f
owners or keepers of horses.
Defence of publication in the course of business
12
In proceedings for an offence under these Regulations relating to advertising, it is a defence for the person charged to prove —
a
that that person’s business is to publish or arrange for the publication of advertisements, and
b
that the advertisement was received in the ordinary course of business and the person charged did not know and had no reason to suspect that its publication would amount to an offence under these Regulations.
Wholesale dealing
13
It is an offence to buy a veterinary medicinal product, other than by retail or for the purposes of retail supply in accordance with Schedule 3, unless the buyer has a wholesale dealer’s authorisation granted by the Secretary of State under this regulation and Schedule 3.
Feedingstuffs
14
Schedule 5 (medicated feedingstuffs and specified feed additives) has effect.
Exemptions
15
1
These Regulations do not apply to an inactivated autogenous vaccine that is manufactured, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal and used for the treatment of that animal.
2
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to an inactivated autogenous vaccine that is —
a
manufactured by a person and in premises authorised in accordance with Part 2 of Schedule 2, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal; and
b
used for the treatment of —
i
other animals on the same site;
ii
animals intended to be sent to those premises; or
iii
animals on a site that receives animals from those premises.
3
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to —
a
blood or blood constituents from a blood bank authorised in accordance with Part 3 of Schedule 2;
b
a product manufactured for administration under the cascade by a person and in premises authorised in accordance with Part 4 of Schedule 2; or
c
equine stem cells products for use as an autologous treatment for horses from an equine collection centre authorised in accordance with Part 5 of Schedule 2.
4
Schedule 6 (exemptions for small pet animals) has effect.
Fees
16
Schedule 7 (fees) has effect.
PART 3 Records
Food-producing animals: proof of purchase of veterinary medicinal products
17
1
The keeper of a food-producing animal must keep proof of purchase of all veterinary medicinal products acquired for the animal (or, if they were not bought, documentary evidence of how they were acquired).
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of administration by a veterinary surgeon
18
1
A veterinary surgeon who administers a veterinary medicinal product to a food-producing animal must either enter the following information personally in the keeper’s records or give it to the keeper in writing (in which case the keeper must enter the following into those records) —
a
the name of the veterinary surgeon;
b
the name of the product and the batch number;
c
the date of administration of the product;
d
the amount of product administered;
e
the identification of the animals treated; and
f
the withdrawal period.
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of acquisition and administration
19
1
When a veterinary medicinal product is bought or otherwise acquired for a food-producing animal the keeper must, at the time, record —
a
the name of the product and the batch number;
b
the date of acquisition;
c
the quantity acquired; and
d
the name and address of the supplier.
2
At the time of administration (unless the administration is by a veterinary surgeon in which case the record must be in accordance with regulation 18 ) the keeper must record —
a
the name of the product;
b
the date of administration;
c
the quantity administered;
d
the withdrawal period; and
e
the identification of the animals treated.
3
A keeper who disposes of any or all of the veterinary medicinal product other than by treating an animal must record —
a
the date of disposal;
b
the quantity of product involved; and
c
how and where it was disposed of.
4
It is an offence to fail to comply with this regulation.
Food-producing animals: retention of records
20
1
The keeper of a food-producing animal must keep the documentation on the acquisition of a veterinary medicinal product and the records relating to the product for at least five years following the administration or other disposal of the product, irrespective of whether or not the animal concerned is no longer in that keeper’s possession or has been slaughtered or has died during that period.
2
It is an offence to fail to comply with this regulation.
Records by a holder of a manufacturing authorisation
21
1
A holder of a manufacturing authorisation must, as soon as is reasonably practicable, make a record of each batch of veterinary medicinal product manufactured, assembled or supplied, which must include —
a
the name of the product;
b
the quantity manufactured, assembled or supplied;
c
the date of manufacture, assembly or supply;
d
the batch number and expiry date; and
e
in the case of supply, the name and address of the recipient.
2
The holder must keep with the record all certification provided by the qualified person (manufacture) in relation to that batch.
3
The holder must keep all records and certificates for at least five years from the date the veterinary medicinal product is placed on the market.
4
It is an offence to fail to comply with this regulation.
Records by a holder of a wholesale dealer’s authorisation
22
1
A holder of a wholesale dealer’s authorisation must record the following as soon as is reasonably practicable after each incoming or outgoing transaction (including disposal) relating to a veterinary medicinal product —
a
the date and nature of the transaction;
b
the name of the veterinary medicinal product;
c
the manufacturer’s batch number;
d
the expiry date;
e
the quantity; and
f
the name and address of the supplier or recipient,
and must keep the records for at least three years.
2
It is an offence to fail to comply with this regulation.
Records of the receipt or supply of prescription products
23
1
Any person permitted under these Regulations to supply a veterinary medicinal product classified as POM-V or POM-VPS who receives or supplies any such veterinary medicinal product must keep all documents relating to the transaction that show —
a
the date;
b
the name of the veterinary medicinal product;
c
the batch number (except that, in the case of a product for a non-food-producing animal, this need only be recorded either on the date of receipt of the batch or the date a veterinary medicinal product from the batch is first supplied);
d
the quantity;
e
the name and address of the supplier or recipient; and
f
if there is a written prescription, the name and address of the person who wrote the prescription and a copy of the prescription.
2
If the documents do not include this information that person must make a record of the missing information as soon as is reasonably practicable following the transaction.
3
As an alternative to paragraphs (1) and (2) that person may make a record of all the information required there provided that this is done as soon as is reasonably practicable following the transaction.
4
The documentation and records must be kept for at least five years.
5
It is an offence to fail to comply with this regulation.
Records of products administered to a food-producing animal under the cascade
24
1
A veterinary surgeon administering a veterinary medicinal product to food-producing animals under the cascade, or permitting another person to administer it under that veterinary surgeon’s responsibility, must, as soon as is reasonably practicable, record —
a
the date of examination of the animals;
b
the name and address of the owner;
c
the identification and number of animals treated;
d
the result of the veterinary surgeon’s clinical assessment;
e
the trade name of the product if there is one;
f
the manufacturer’s batch number shown on the product if there is one;
g
the name and quantity of the active substances;
h
the doses administered or supplied;
i
the duration of treatment; and
j
the withdrawal period,
and must keep the record for at least five years.
2
It is an offence to fail to comply with this regulation.
PART 4 Unauthorised veterinary medicinal products
Importation of an unauthorised veterinary medicinal product
25
1
It is an offence to import an unauthorised veterinary medicinal product except in accordance with this regulation.
2
A holder of a marketing authorisation may import an unauthorised veterinary medicinal product if it is for the purpose of the manufacture of a veterinary medicinal product for which the importer holds the marketing authorisation.
3
A holder of a manufacturing authorisation may import an unauthorised veterinary medicinal product if it is for the manufacture of a veterinary medicinal product that the importer is permitted to manufacture.
4
A holder of a wholesale dealer’s authorisation may import an unauthorised veterinary medicinal product for the purposes of re-export.
5
A veterinary surgeon may import an unauthorised veterinary medicinal product that is authorised in another member State if it is for the purpose of administration by that veterinary surgeon or under that veterinary surgeon’s responsibility under the cascade or administration in exceptional circumstances in accordance with Schedule 4; the import must be in accordance with the appropriate certificate granted by the Secretary of State, and the product may be imported by the veterinary surgeon personally or by using a wholesale dealer or pharmacist as an agent.
6
A wholesale dealer or a pharmacist may import an unauthorised veterinary medicinal product for the purpose of storing it pending administration by a veterinary surgeon under the cascade or administration in exceptional circumstances in accordance with Schedule 4 if —
a
the veterinary medicinal product is authorised in another member State or a third country;
b
the Secretary of State has issued a certificate certifying that —
i
the disease or condition is such that the veterinary medicinal product is likely to be needed as a matter of urgency for the treatment of an animal;
ii
delay in administering the product will seriously affect the health or welfare of the animal; and
iii
there is no suitable veterinary medicinal product authorised in the United Kingdom; and
c
in the case of a wholesale dealer, the product is within the terms of the authorisation.
7
The holder of an animal test certificate granted under paragraph 9 of Schedule 4 may import anything specified in the animal test certificate in accordance with the conditions in that certificate.
8
The Secretary of State may authorise in writing the importation of any product or substance for use under a licence granted under the Animals (Scientific Procedures) Act 1986.
Possession of an unauthorised veterinary medicinal product
26
1
It is an offence to be in possession of an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product imported in accordance with a certificate granted by the Secretary of State under these Regulations;
b
a product prescribed by a veterinary surgeon under the cascade;
c
a holder of a manufacturing authorisation if the possession is for export;
d
a holder of a wholesale dealer’s authorisation if the possession is for export or re-export; or
e
a holder of a manufacturer’s authorisation or marketing authorisation if the intention is to manufacture a veterinary medicinal product.
3
A veterinary surgeon who practises in both the United Kingdom and another member State may hold veterinary medicinal products authorised in the other member State provided that the amount held does not exceed the amount expected to be used in that member State.
4
It is a defence for a person charged under paragraph (1) to prove that the product was for the purposes of research or development of a veterinary medicinal product.
5
A veterinary surgeon may have possession of an authorised human medicinal product intended for administration to animals under the cascade, but commits an offence if the amount possessed exceeds the amount expected to be used under the cascade.
Supply of an unauthorised veterinary medicinal product
27
1
It is an offence to supply an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product prescribed by a veterinary surgeon under the cascade; or
b
a product supplied in accordance with a certificate granted by the Secretary of State under these Regulations.
3
It is a defence for a person charged under paragraph (1) to prove that the supply was for the purposes of research or development of a veterinary medicinal product.
PART 5 Miscellaneous provisions, enforcement and offences
The Veterinary Products Committee
28
1
There shall continue to be a Veterinary Products Committee.
2
The Secretary of State may appoint members of the Committee from professional people who are eminent in their field, and any lay members as the Secretary of State sees fit.
3
The function of the Committee is to provide scientific advice on any aspect of veterinary medicinal products asked for by the Secretary of State and to carry out any functions specified in these Regulations.
4
The Secretary of State may pay members of the Committee such amounts as the Secretary of State may decide.
5
The Secretary of State may consult the Committee at any time.
Veterinary Products Committee appeals procedure
29
1
The following procedure applies when any person receives a notification from the Secretary of State informing that person (the appellant) of a right to an appeal to the Veterinary Products Committee.
2
The appellant must inform the Secretary of State of an intention to appeal within 28 days of the notification which is the subject of the appeal.
3
The appeal may be written or oral, or both, at the choice of the appellant.
4
The appellant may not present to the Committee any new data not available to the Secretary of State at the time of the original decision.
5
The Committee must consider the appeal and any representations made by the Secretary of State, and report its findings in writing to the Secretary of State together with its recommendations.
6
The Secretary of State must send a copy of the report to the appellant on request.
7
The Secretary of State must consider the report and then form a provisional decision.
8
The Secretary of State must then notify the provisional decision to the appellant, together with the reasons for it.
9
The appellant may then appeal against the Secretary of State’s provisional decision to a person appointed for the purpose by the Secretary of State and the procedure in the next regulation applies.
Appeals to an appointed person
30
1
A person aggrieved by a provisional decision of the Secretary of State under the preceding regulation may appeal against the decision to a person appointed for the purpose by the Secretary of State in accordance with this regulation.
2
So may an applicant for —
a
a manufacturing authorisation;
b
appointment as a Qualified Person for the purposes of a manufacturing authorisation;
c
authorisation for a person or premises to manufacture autogenous vaccines;
d
an authorisation of a blood bank;
e
authorisation of a person and premises to manufacture an unauthorised veterinary medicinal product for administration under the cascade;
f
authorisation of an equine stem cell centre;
g
a wholesale dealer’s authorisation;
h
the approval of premises for the supply of POM-VPS or NFA-VPS veterinary medicinal products by a suitably qualified person,
if such an application is refused.
3
A holder of any of the above authorisations, appointment or approvals may appeal against a suspension or compulsory variation in the same way.
4
The appointed person must consider the appeal (but may not consider any new data not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.
5
The Secretary of State must then reach a final decision and notify the appellant, together with the reasons for it.
Exports
31
1
It is an offence to export a veterinary medicinal product for use in another member State unless the veterinary medicinal product may be lawfully supplied or administered in that member State.
2
If a veterinary medicinal product has been manufactured in accordance with a marketing authorisation, or if a product without a marketing authorisation has been manufactured under a manufacturing authorisation, and the product is intended for export outside the European Union, the Secretary of State must, at the request of the exporter or the competent authorities of the country of export, provide a certificate to that effect.
3
When issuing the certificate the Secretary of State must take account of the model certificates issued by the World Health Organization .
4
If the veterinary medicinal product is authorised in the United Kingdom the Secretary of State must ensure that the exporter or the competent authorities of the third country has access to the summary of product characteristics.
Time limits
32
1
In any provision in these Regulations requiring the Secretary of State to issue an authorisation within a set time, the clock does not start until the Secretary of State has checked that the application dossier is in accordance with these Regulations and has validated the application.
2
The clock is stopped during any period that the Secretary of State requires an applicant to provide further data until all the further data required have been provided.
3
The clock is also stopped during any period that the applicant is given to provide oral or written explanations.
4
The Secretary of State may stop the clock pending payment of outstanding fees.
Appointment of inspectors
33
The Secretary of State must appoint inspectors for the purposes of the enforcement of these Regulations and in these Regulations “inspector” means an inspector appointed under this regulation or a veterinary inspector appointed under the Animal Health Act 1981 .
Powers of entry
34
1
An inspector may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
2
The inspector may be accompanied by —
a
such other persons as the inspector considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
3
Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
4
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by signed warrant authorise the inspector to enter the premises, if need be by reasonable force.
5
A warrant under this regulation is valid for one month.
6
An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.
7
An inspector may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and the premises of the marketing authorisation holder.
8
An inspector may carry out an inspection at the request of another member State, the European Commission or the Agency.
9
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to the sheriff and to a magistrate; and
b
in Northern Ireland, is a reference to a lay magistrate.
Powers of an inspector
35
1
An inspector entering premises under the previous regulation may —
a
inspect the premises, and any plant, machinery or equipment;
b
search the premises;
c
take samples;
d
seize any computers and associated equipment;
e
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, or any additive to which Schedule 5 applies, if it is not authorised in the United Kingdom;
f
seize any premixture or feedingstuff that contains a veterinary medicinal product or additive to which Schedule 5 applies that is not authorised in the United Kingdom;
g
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, any additive to which Schedule 5 applies, any premixture or any feedingstuff if —
i
it has not been lawfully supplied in accordance with these Regulations;
ii
it has been stored in a way that affects its safety, quality or efficacy;
iii
it is sold or offered for sale by a person not permitted to supply it under these Regulations;
h
carry out any inquiries, examinations and tests;
i
have access to, and inspect and copy or seize any documents or records (in whatever form they are held) relating to these Regulations; and
j
have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as may reasonably be required and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
2
An officer of any local authority who has entered premises exercising any statutory power of entry for the purposes of enforcing any legislation relating to food hygiene, feed hygiene or animal health, may inspect any records made under these Regulations (in whatever form they are held) relating to food-producing animals, and may remove them to enable them to be copied.
3
Where an inspector has entered any premises and it is not reasonably practicable to determine at the time whether documents on those premises are relevant to these Regulations, the inspector may seize them to ascertain whether or not they are relevant.
Inspection of pharmacies
36
In relation to a pharmacy, all the powers of an inspector to enforce these Regulations may also be exercised by an officer of the Royal Pharmaceutical Society of Great Britain appointed for the purpose.
Obstruction
37
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence.
Improvement notices
38
1
An inspector who has reasonable grounds for believing that any person is failing to comply with these Regulations may serve a notice on that person (in these Regulations referred to as an “improvement notice”) that —
a
states the inspector’s grounds for believing this;
b
specifies the matters that constitute the failure to comply;
c
specifies the measures that, in the inspector’s opinion, the person must take in order to secure compliance; and
d
requires the person to take those measures, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice.
2
It is an offence to fail to comply with an improvement notice.
Appeals against improvement notices
39
1
Any person who is aggrieved by an improvement notice may appeal to a magistrates’ court or, in Scotland, to the sheriff.
2
The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
3
An appeal to the sheriff under paragraph (1) is by summary application.
4
The period within which an appeal may be brought is 28 days or the period specified in the improvement notice, whichever ends the earlier.
5
An improvement notice must state —
a
the right of appeal to a magistrates’ court or to the sheriff; and
b
the period within which such an appeal may be brought.
6
A court may suspend an improvement notice pending an appeal.
Powers of a court on appeal
40
On an appeal against an improvement notice, the court may either cancel the notice or confirm it, with or without modification.
Seizure notices
41
1
An inspector must follow the procedures set out in this regulation when seizing anything under these Regulations.
2
The inspector must serve on the person appearing to be in charge of the seized product a notice (referred to in these Regulations as a “seizure notice”) —
a
giving the grounds for seizing the product; and
b
informing that person of the rights under this regulation to make a claim, and the address for the service of the claim.
3
An inspector who is not able to remove products seized immediately may mark the products in any way, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and any person other than an inspector who removes products identified under this paragraph from the premises is guilty of an offence.
4
The person on whom the seizure notice was served or the owner of the seized product may, within 28 days of seizure, notify any claim that the product was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
5
If a notification of a claim is not received within 28 days, the Secretary of State may destroy the product.
6
If a notification of a claim is received within 28 days, then, unless the product seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the product or take proceedings for an order for the confirmation of the seizure notice and the destruction of the veterinary medicinal product in a magistrates’ court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.
7
The procedure in a magistrates’ court under this regulation is by way of complaint, and the Magistrates’ Courts Act 1980 applies to the proceedings.
8
The procedure before the sheriff is by summary application.
9
The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the product seized unless a claim is made to a court and the court directs otherwise.
Publication
42
1
The Secretary of State must publicise all improvement notices and seizure notices issued under these Regulations and the suspension or revocation of anything issued under these Regulations, and may do so in such manner as the Secretary of State sees fit.
2
This does not apply in relation to a seizure notice issued to a common carrier who does not own the seized goods.
Penalties
43
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
a qualified person appointed as such for the purposes of these Regulations;
b
any director, manager, secretary or other similar person of the body corporate; or
c
any person who was purporting to act in any such capacity,
that person is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence.
Northern Ireland
44
1
This regulation has effect in relation to the enforcement of these Regulations in Northern Ireland.
2
The Department of Agriculture and Rural Development or the Department of Health, Social Services and Public Safety (or both Departments acting jointly) instead of the Secretary of State exercise the powers of the Secretary of State in —
a
regulation 33 (appointment of inspectors);
b
regulation 41 (seizure notices);
c
regulation 42 (publication); and
d
sub-paragraph (4) of paragraph 14 of Schedule 3 (approval of premises for suitably qualified persons).
3
The Department of Agriculture and Rural Development is the competent authority for —
a
Regulation (EC) No 178/2002 (of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety );
b
Regulation (EC) No 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition );
c
Regulation (EC) No 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ); and
d
Regulation (EC) No 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene ).
4
In relation to pharmacies, an officer of the Pharmaceutical Society of Northern Ireland appointed by the Society for the purpose has all the powers of an inspector to enforce these Regulations.
5
In proceedings in a magistrates’ court relating to an improvement notice under regulation 38 or a seizure notice under regulation 41, the Magistrates’ Courts (Northern Ireland) Order 1981 applies.
Revocation
45
The Veterinary Medicines Regulations 2008 (other than regulation 45(2), which amends the Medicines Act 1971 ) are revoked.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
10th August 2009
We consent
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 2009


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational, Personal and Stakeholder Pensions (Miscellaneous Amendments) Regulations 2009.
2
Except where paragraph (3) applies, these Regulations come into force on 6th April 2009.
3
Regulation 19 comes into force —
a
for the purposes of paragraph (3)(b), on 6th April 2009, and
b
for all other purposes, on 23rd September 2010.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
2
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 are amended in accordance with this regulation.
2
In regulation 27B (offence and penalties) , for “Occupational Pensions Regulatory Authority may” substitute “Regulatory Authority may by notice in writing”.
Amendment of the Occupational Pension Schemes (Revaluation) Regulations 1991
3
1
The Occupational Pension Schemes (Revaluation) Regulations 1991 are amended in accordance with this regulation.
2
After regulation 13 (lump sum in respect of service before 6th April 1975), insert —
Purpose for which trustees may modify the scheme
13A
1
This regulation prescribes a purpose for which the trustees of a trust scheme may by resolution modify the scheme under section 68 of the Pensions Act 1995 (power of trustees to modify schemes by resolution).
2
The purpose is to —
a
reduce the rate or amount by which the scheme revalues any benefits that accrue after the date of the resolution; or
b
change the method for determining that rate or amount in order to make such a reduction.
3
No modification may be made for the purpose in paragraph (2) without the consent of —
a
where there is one employer in relation to the scheme, that employer; or
b
where there is more than one employer in relation to the scheme —
i
all those employers; or
ii
a person nominated by all those employers, or in accordance with the scheme rules, to act as their representative.
.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
4
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 9 (making of elections by employers for the variation or surrender of contracting-out certificates) —
a
at the end of paragraph (5)(e)(i), insert “and”,
b
at the end of paragraph (5)(e)(ii), omit “and”,
c
paragraph (5)(e)(iii) becomes paragraph (5)(ea),
d
in paragraph (5)(ea), insert at the beginning “where the notice is not about surrendering a contracting-out certificate due to the scheme winding up, contain a statement that”, and
e
in paragraph (6), for “such a notice as is mentioned in this regulation” substitute “a notice under this regulation which is not about surrendering a contracting-out certificate due to the scheme winding up”.
3
In regulation 12(4) (special provision for holding companies and subsidiaries), for “9(5)(e)(iii)” substitute “9(5)(ea)”.
Amendment of the Contracting-out (Transfer and Transfer Payment) Regulations 1996
5
1
The Contracting-out (Transfer and Transfer Payment) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) in the definitions of “connected employer transfer” and “connected employer transfer payment”, after the first and third times the words “salary-related contracted-out scheme” appear insert “(or a scheme which was formerly a salary-related contracted-out scheme)”.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
6
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 11 (civil penalties) , after “the Regulatory Authority may” insert “by notice in writing”.
Amendment of the Occupational Pension Schemes (Indexation) Regulations 1996
7
1
The Occupational Pension Schemes (Indexation) Regulations 1996 are amended in accordance with this regulation.
2
After regulation 4 (indexation of certain transfers made on or after 6th April 2005) , insert —
Purpose for which trustees may modify the scheme
5
1
This regulation prescribes a purpose for which the trustees of a trust scheme may by resolution modify the scheme under section 68 of the Act (power of trustees to modify schemes by resolution).
2
The purpose is to —
a
reduce the amount of the annual increase in the rate of any pension that accrues after the date of the resolution; or
b
change the method for determining that amount in order to make such a reduction.
3
No modification may be made for the purpose in paragraph (2) without the consent of —
a
where there is one employer in relation to the scheme, that employer; or
b
where there is more than one employer in relation to the scheme —
i
all those employers; or
ii
a person nominated by all those employers, or in accordance with the scheme rules, to act as their representative.
.
Amendment of the Occupational Pension Schemes (Transfer Values) Regulations 1996
8
1
The Occupational Pension Schemes (Transfer Values) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 11(6) (disclosure), after “the Regulatory Authority may” insert “by notice in writing”.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
9
1
The Occupational Pension Schemes (Winding Up) Regulations 1996 are amended in accordance with this regulation.
2
In regulation 8(7) (requirements to be satisfied by transferee schemes, annuities etc. ) —
a
at the end of sub-paragraph (a), insert “or”, and
b
omit sub-paragraph (c) and the word “or” immediately preceding it.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
10
1
The Personal Pension Schemes (Appropriate Schemes) Regulations 1997 are amended in accordance with this regulation.
2
In regulation 15(7)(e) (calculation or estimation of earnings), for “earnings limit” substitute “accrual point”.
Amendment of the Occupational Pension Schemes (Age-related Payments) Regulations 1997
11
1
The Occupational Pension Schemes (Age-related Payments) Regulations 1997 are amended in accordance with this regulation.
2
In regulation 10 (penalties), for “Occupational Pensions Regulatory Authority may” substitute “Regulatory Authority may by notice in writing”.
Amendment of the Pensions on Divorce etc. (Provision of Information) Regulations 2000
12
1
The Pensions on Divorce etc. (Provision of Information) Regulations 2000 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation), omit the definition of “the Regulatory Authority”.
3
In regulation 9 (penalties), after “Regulatory Authority may” insert “by notice in writing”.
Amendment of the Pensions on Divorce etc. (Charging) Regulations 2000
13
1
The Pensions on Divorce etc. (Charging) Regulations 2000 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation), omit the definition of “the Regulatory Authority”.
3
In regulation 9(6)(b) (charges in respect of pension sharing activity – method of recovery), for “Regulatory Authority” substitute “Pensions Regulator ”.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
14
1
The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) in the definition of “the Regulatory Authority”, for “Occupational Pensions Regulatory Authority” substitute “Pensions Regulator”.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
15
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 are amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) —
a
omit the definition of “incapacity”, and
b
in the definition of “Regulatory Authority”, for “Occupational Pensions Regulatory Authority” substitute “Pensions Regulator”.
3
For regulations 3 (commutation of the whole of pension credit benefit) and 4 (commutation of part of pension credit benefit) , substitute —
Pension credit benefit in lump sum form
3
For the purposes of section 101C(2) of the 1993 Act (basic principle as to pension credit benefit), the circumstances in which the trustees or managers of a scheme may provide for payment of pension credit benefit in the form of a lump sum before normal benefit age are those which permit payment of a lump sum in accordance with paragraph (a), (b), (e), (f) or (g) of the lump sum rule in section 166(1) of the Finance Act 2004 (lump sum rule) .
.
4
In regulation 7 (early retirement or deferred retirement) —
a
for paragraphs (2) and (3), substitute —
2
The benefits referred to in paragraph (1) must include a benefit that is both —
a
payable to the person entitled to the pension credit benefit; and
b
not payable before normal benefit age except where the person entitled to the benefit has either —
i
met the ill-health condition in accordance with paragraph 1 of Schedule 28 to the Finance Act 2004 (registered pension schemes – defined benefits and money purchase arrangements – ill-health condition) immediately before that person became entitled to the benefit; or
ii
attained normal minimum pension age as defined in section 279(1) of that Act (other definitions).
,
b
in paragraph (4)(a), for “incapacity or serious ill health” substitute “physical or mental infirmity”, and
c
omit paragraph (6).
5
In regulation 13 (conditions on which pension credit benefit secured by insurance policies and annuity contracts may be commuted), for “if it satisfies the requirements of regulation 3 or 4 (commutation of the whole of pension credit benefit, or commutation of part of pension credit benefit)” substitute “in the circumstances described by regulation 3 (pension credit benefit in lump sum form)”.
6
In regulation 22(1)(b) (requirements to be met by an eligible scheme) —
a
omit “any of sub-paragraphs (a) to (e) of” and “(a), (c) or (e)”, and
b
after “is made is”, in the second place where it occurs, insert “also”.
Amendment of the Stakeholder Pension Schemes Regulations 2000
16
1
The Stakeholder Pension Schemes Regulations 2000 are amended in accordance with this regulation.
2
In sub-paragraphs (a) and (f) of regulation 3(5) (requirements applying to all stakeholder pension schemes as regards instruments establishing such schemes), omit “Occupational Pensions Regulatory”.
3
In regulation 21(1) (access to the register), omit “Occupational Pensions Regulatory”.
Amendment of the Occupational Pension Schemes (Independent Trustee) Regulations 2005
17
1
The Occupational Pension Schemes (Independent Trustee) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 13(5) (disclosure requirements and penalty), after “the Regulator may” insert “by notice in writing”.
Amendment of the Occupational Pension Schemes (Scheme Funding) Regulations 2005
18
1
The Occupational Pension Schemes (Scheme Funding) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 17 (exemptions – general) —
a
in paragraph (1)(l) , after “a scheme” insert “or a section of a scheme”, and
b
in paragraph (2), after the definition of “section 615(6) scheme” insert —
“a section of a scheme” means a section of a multi-employer scheme where a specified part or proportion of the assets of the scheme is attributable to that section and cannot be used for the purposes of any other section of the scheme;
.
3
In Schedule 2 (modifications of the Act and Regulations) in paragraph 9 (schemes under which the rates of contributions are determined by the trustees or managers or by the actuary) —
a
in sub-paragraph (5) —
i
after “scheme under which” insert “any of”, and
ii
for “the rates shown in” substitute “any such rates forming part of”,
b
in sub-paragraph (6), for “the rates of contributions shown in this schedule” substitute “any rates of contributions forming part of this schedule which the scheme requires me to determine”, and
c
in sub-paragraph (7), after “to determine” insert “any of”.
Amendment of the Occupational Pension Schemes (Investment) Regulations 2005
19
1
The Occupational Pension Schemes (Investment) Regulations 2005 are amended in accordance with this regulation.
2
In regulation 12 (restrictions on employer-related investments) —
a
for paragraph (2), substitute —
2
Subject to regulations 13 and 16, not more than five per cent. of the current market value of the resources of a scheme may at any time be invested in employer-related investments.
2A
Subject to regulations 14, 15, 15A and 16, none of the resources of a scheme may at any time be invested in any employer-related loan.
2B
Subject to regulation 16, employer-related loans under regulations 14, 15 and 15A are to be regarded as employer-related investments for the purposes of determining the percentage of a scheme’s resources invested in employer-related investments under paragraph (2).
, and
b
in paragraph (4), for “14 and 15” substitute “14, 15 and 15A”.
3
In regulation 13 (investments to which restrictions do not apply) —
a
omit paragraph (2),
b
in paragraph (3)(b) , insert at the end —
; or
c
the Bank of England.
,
c
omit paragraphs (3), (4), (8) and (9),
d
in paragraph (10), after “of these Regulations” insert “and where it would not be reasonably practicable to otherwise dispose of them”, and
e
omit paragraph (13).
4
After regulation 15 (loans that become employer-related), insert —
Deposits
15A
1
Regulation 12(2A) shall not prohibit an investment in paragraph (2) of this regulation to the extent that it can be construed as an employer-related loan mentioned in regulation 12(4) of these Regulations.
2
This regulation applies to any employer-related investment of resources in an account (including a current, deposit or shared account) with —
a
a person who has permission under Part 4 of the FSM Act (permission to carry on regulated activities) to accept deposits;
b
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits; or
c
the Bank of England.
.
5
In regulation 16 (multi-employer schemes) —
a
in paragraphs (1), (2) and (3), for “15” substitute “15A”, and
b
in paragraph (5)(a), for “12(2)(a)” substitute “12(2)”.
6
In regulation 17 (scheme undertaking cross-border activities) —
a
in paragraph (c), after “;” insert “and”,
b
for paragraph (d), substitute —
d
regulation 13(12).
, and
c
omit paragraphs (e) and (f).
Amendment of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006
20
1
The Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 are amended in accordance with this regulation.
2
In regulation 18 (exclusivity of remedy) —
a
for the heading and paragraph (1), substitute —
Remedies for failure to comply
18
1
The only remedies for a failure to comply with any obligations under regulations 6 to 16 in respect of any proposal or decision to make a listed change are —
a
making a complaint to the Regulator,
b
an improvement notice issued under section 13 of the Pensions Act 2004 (improvement notices), and
c
a penalty imposed under regulation 18A.
, and
b
in paragraph (2), after “A complaint” insert “under paragraph (1)(a)”.
3
After regulation 18, insert —
Penalties
18A
1
Where a person fails, without reasonable excuse, to comply with a requirement to consult under regulation 7(3), the Regulator may by notice in writing require that person to pay a penalty.
2
Any such penalty must be paid within 28 days and must not exceed —
a
in the case of an individual, £5,000; and
b
in any other case, £50,000.
.
Amendment of the Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006
21
1
The Occupational Pension Schemes (Fraud Compensation Levy) Regulations 2006 are amended in accordance with this regulation.
2
In regulation 11 (penalties), after “the Regulator may” insert “by notice in writing”.
Amendment of the Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006
22
1
The Occupational Pension Schemes (Member-nominated Trustees and Directors) Regulations 2006 are amended in accordance with this regulation.
2
In regulation 3(m) (prescribed exemptions from requirement to have member-nominated directors of corporate trustees), for “the sole director, or all the directors” substitute “all the directors (or the sole director) of the trustee (or trustees)”.
3
In regulation 5 (modifications of sections 241 and 242 of the Act) —
a
in paragraph (1), for “paragraphs (2) to (6)” substitute “paragraphs (2) to (7)”, and
b
after paragraph (6), insert —
7
In relation to a scheme where —
a
every trustee is a company,
b
at least one trustee only has directors who are independent (or a sole director who is independent) within the meaning given by section 23(3) of the 1995 Act, and
c
at least one trustee has one or more directors who are not independent within that meaning,
section 242 of the Act is modified as if after subsection (1), there were inserted —
1A
But subsection (1) does not apply to such a company which only has directors who are independent (or a sole director who is independent) within the meaning given by section 23(3) of the Pensions Act 1995.
.
.
Signed by authority of the Secretary of State for Work and Pensions.
William D.McKenzie.
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th March 2009


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Public Service Pension Schemes) Regulations 2009 and shall come into force on 1st September 2009.
Schemes to be treated as public service pension schemes
2
The Scottish Parliamentary Pension Scheme and the First Minister and Presiding Officer Pension Scheme are prescribed for the purposes of section 1(1) of the Pension Schemes Act 1993 as being schemes which ought in the opinion of the Secretary of State and the Treasury to be treated as public service pension schemes for the purposes of that Act.
Signed by authority of the Secretary of State for Work and Pensions
Angela Eagle
Minister of State,
Department for Work and Pensions
15th July 2009
We consent,
Tony Cunningham.
Frank Roy.
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2009


text:
PART 1 General
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Demand Notices) (England) Regulations 2009 and come into force on 30th December 2009.
2
These Regulations apply in relation to a notice which —
a
relates to a year beginning on or after 1st April 2010, and
b
is served by an English billing authority or such an authority’s authorised person.
3
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 have no effect in relation to a notice mentioned in paragraph (2).
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999 ;
“the 2004 Act ” means the Fire and Rescue Services Act 2004
“the Administration Regulations ” means the Council Tax (Administration and Enforcement) Regulations 1992 ;
“authorised person”, in relation to a billing authority, means a person authorised in accordance with the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 to exercise functions on the authority’s behalf in relation to the administration of council tax;
“baseline document” means the document “Baseline year for authorities required to publish efficiency information on and with council tax demand notices” dated 2nd December 2009 which is published on the Department ’s website and of which a copy has been deposited at the Department’s principal office ;
“budget requirement” means —
in relation to a billing authority, the amount calculated under section 32(4) of the Act (calculation of budget requirement),
in relation to major precepting authority other than the GLA , the amount calculated under section 43(4) of the Act (calculation of budget requirement),
in relation to the GLA, the amount calculated under section 85(8) of the 1999 Act (calculation of component and consolidated budgets),
in relation to a constituent body, the amount calculated for the body under section 85(6)(a) of the 1999 Act (calculation of component and consolidated budgets),
in relation to a local precepting authority, the amount calculated under section 50(4) of the Act (calculation of budget requirement);
“constituent body” has the same meaning as in section 85(3) of the 1999 Act (calculation of component and consolidated budgets);
“the Department” means the Department for Communities and Local Government;
“efficiency authority”, in relation to a billing authority’s area and a year, means —
the billing authority, and
any —
county council,
fire and rescue authority, or
police authority,
which has power to issue a precept to the billing authority for that year;
“efficiency document” means —
in relation to a fire and rescue authority —
the document “Measuring and Reporting Efficiency Gains: A Guide to Completing Annual Efficiency Statements” dated March 2007, and
the document “CSR07 Guidance on Measuring and Reporting Efficiency Gains: A guide for fire and rescue authorities on completing annual efficiency statements” dated June 2008,
which are published on the Department’s website and of which copies have been deposited at the Department’s principal office,
in relation to a police authority, the document “Efficiency and productivity strategy for the police service: 2008-11: Technical Note” which is published on the website of the Home Office and of which a copy has been deposited at the Department’s principal office, and
in relation to any other efficiency authority, the document “Measuring and Reporting Value for Money Gains: A Guide to Compiling the Data for National Indicator 179” dated October 2009 which is published on the Department’s website and of which a copy has been deposited at the Department’s principal office;
“fire and rescue authority” means —
a fire and rescue authority constituted by —
a scheme under section 2 of the 2004 Act (power to create combined fire and rescue authorities),
a scheme to which section 4 of that Act applies (combined authorities under the Fire Services Act 1947),
a metropolitan county fire and rescue authority, or
the London Fire and Emergency Planning Authority;
“fire and rescue functions” means the functions specified or referred to in Part 2 of the 2004 Act (functions of fire and rescue authorities);
“GLA” means the Greater London Authority;
“Integrated Transport Authority” means —
an authority which is known as an Integrated Transport Authority by virtue of section 77(2) of the Local Transport Act 2008 (change of name of passenger transport areas and PTAs), or
an authority established under Part 5 of that Act (Integrated Transport Authorities etc. );
“levying body” means —
an Integrated Transport Authority,
the Broads Authority, and
the Environment Agency;
“multi-function authority” means any efficiency authority which exercises fire and rescue functions but is not a fire and rescue authority;
“notice” means a council tax demand notice within the meaning of Part 5 of the Administration Regulations (billing);
“police authority” means a police authority established under section 3 of the Police Act 1996 (establishment of police authorities);
“preceding year”, in relation to a notice, means the year before the relevant year;
“relevant local precepting authority” means a relevant precepting authority which is a local precepting authority;
“relevant precepting authority”, in relation to a billing authority and a year, means a precepting authority which issues a precept to the billing authority for the year, but does not include —
the chairman of a parish meeting,
charter trustees,
the sub-treasurer of the Inner Temple or the under-treasurer of the Middle Temple unless the amount of the precept is more than £100,000,
a parish council unless the amount of the precept is equal to or more than £140,000; and
“relevant year”, in relation to a notice, means the year to which the demand for payment made by the notice relates.
2
In these Regulations —
a
any reference to a precept includes a reference to a substitute precept,
b
any reference to a levy includes a reference to a substitute levy,
c
any reference to the council tax base for an authority’s area is a reference to the council tax base for that area as calculated in accordance with the Local Authorities (Calculation of Council Tax Base) Regulations 1992 , and
d
any reference to a year is a reference to a financial year.
Definition of “gross expenditure”
3
1
Subject to paragraph (3), the gross expenditure of an authority for a year is the aggregate of the items which are —
a
attributable to the services administered by the authority during the year, and
b
charged to a revenue account for that year.
2
The items mentioned in sub-paragraph (1) —
a
must be calculated using the estimates which were used to calculate —
i
the budget requirement, or
ii
the levy,
of the authority for the year; but
b
must not include any —
i
allowances for contingencies, or
ii
contributions to financial reserves.
3
The gross expenditure of the GLA for a year is the aggregate of the amounts of gross expenditure calculated for each constituent body for that year.
4
In this regulation, “authority” includes a levying body and a constituent body.
Definition of “cumulative efficiency savings” and “cumulative estimated efficiency savings”
4
1
Subject to paragraph (3) and regulation 5, an efficiency authority’s cumulative efficiency savings for a financial year are —
a
if the year before the financial year is the baseline year, the authority’s aggregate savings for the financial year; or
b
where paragraph (a) does not apply, the aggregate of —
i
the authority’s aggregate savings for the financial year,
ii
the authority’s aggregate savings for the year after the baseline year (“the post-baseline year”), and
iii
the authority’s aggregate savings for any year which is before the year mentioned in sub-paragraph (i) and after the post-baseline year.
2
Subject to paragraph (3) and regulation 5, an efficiency authority’s estimated cumulative efficiency savings for a financial year are the authority’s cumulative efficiency savings for the year, but calculated using estimates prepared for the financial year by the authority.
3
If required by the efficiency document any amount calculated under paragraph (1) or paragraph (2) must be adjusted to take account of inflation.
4
For the purposes of paragraph (1) —
a
the baseline year, in relation to an efficiency authority and a financial year, is the year identified as such in the baseline document; and
b
an authority’s aggregate savings for a year are the aggregate of the authority’s efficiency savings in relation to the services administered by it during that year.
5
For the purposes of paragraph (4)(b), an authority’s efficiency savings in relation to a service administered by it during a year are the amount of any value for money or efficiency gains calculated for the service and the year in accordance with the efficiency document.
Local government restructuring: efficiency authorities and efficiency information
5
1
This regulation applies to an efficiency authority in respect of a financial year if —
a
the authority —
i
is established by a relevant event at the beginning of the financial year, or
ii
has been established by a relevant event which occurred before that year; and
b
the baseline document does not identify the authority as an efficiency authority.
2
Subject to paragraph (4), the efficiency authority’s cumulative efficiency savings for a financial year are —
a
if the financial year is any year before the establishment year, the aggregate of the cumulative efficiency savings of each predecessor authority to the extent that those savings are relevant to the area of the efficiency authority; or
b
if the financial year is the establishment year or a year after that year, the aggregate of —
i
the amount mentioned in sub-paragraph (a),
ii
the authority’s aggregate savings for the financial year, and
iii
the authority’s aggregate savings for any year which is before the year mentioned in sub-paragraph (ii) and after the pre-establishment year.
3
Subject to paragraph (4), the efficiency authority’s estimated cumulative efficiency savings for a financial year are the authority’s cumulative efficiency savings for the year, but calculated using estimates prepared for the financial year by (as the case may be) —
a
the authority, or
b
each predecessor authority.
4
If required by the efficiency document any amount calculated under paragraph (2) or paragraph (3) must be adjusted to take account of inflation.
5
In this regulation —
“establishment year” means the year in which the efficiency authority is established;
“predecessor authority” means an authority which ceases to exist in consequence of the relevant event which established the efficiency authority;
“pre-establishment year” means the year before the establishment year; and
“relevant event” means the coming into force of any of the following —
an order under section 32 of the Police Act 1996 (power to alter police areas by order),
an order under section 2 of the 2004 Act (power to create combined fire and rescue authorities),
an order under section 7 (implementation of proposals by order) or section 10 (implementation of recommendations by order) of the Local Government and Public Involvement in Health Act 2007 .
6
Paragraphs (4)(b) and (5) of regulation 4 apply for the purposes of paragraph (2) of this regulation as they apply for the purposes of paragraph (1) of that regulation.
PART 2 Content of demand notices and the supply of information
Content of demand notices
6
1
Subject to regulation 11(3), a notice must contain the matters specified in Part 2 of Schedule 1.
2
But a notice which is served on a person —
a
after the end of the relevant year, and
b
at the same time as a notice relating to another year not then ended,
need not contain the matters specified in paragraph 26 of Schedule 1.
Information supplied with demand notices
7
1
Subject to regulation 11(3), when a billing authority serves a notice on a person it must supply that person with the information specified in Part 2 of Schedule 2.
2
Paragraph (1) does not apply when a notice is served after the end of the relevant year.
Invalid notices
8
1
If —
a
as a consequence of a mistake a notice does not contain a matter specified in Schedule 1 (“the relevant matter”), but
b
the amount required to be paid under the notice is demanded in accordance with Part 5 of the Administration Regulations (billing),
the requirement to pay that amount is valid.
2
Where paragraph (1)(a) applies, as soon as practicable after the mistake is discovered the billing authority must serve a statement of the relevant matter on the person on whom the notice was served.
Supply of information by precepting authorities
9
1
When a relevant precepting authority issues a precept to a billing authority for a year —
a
it must supply the information in paragraph (2) to the billing authority; and
b
if it is a major precepting authority, it must also supply the information in paragraph (3).
2
The information mentioned in paragraph (1)(a) is —
a
the authority’s gross expenditure for —
i
the year, and
ii
the year before that year;
b
the authority’s budget requirement for —
i
the year, and
ii
the year before that year;
c
the authority’s reasons for any difference between —
i
the amounts mentioned in sub-paragraphs (a)(i) and (b)(i), and
ii
the amounts mentioned in sub-paragraphs (a)(ii) and (b)(ii); and
d
the authority’s opinion as mentioned in paragraph 7 of Schedule 2.
3
The information mentioned in paragraph (1)(b) is —
a
the amount (if any) taken into account under section 43(2)(a) of the Act (calculation of budget requirement) for any levy, and
b
the name of each levying body which has issued a levy to the authority for the year.
4
Paragraph (5) applies if a relevant local precepting authority issues a substitute precept to a billing authority.
5
Paragraph (1) does not apply to the precepting authority, but if the billing authority makes substitute calculations under section 37 of the Act (substitute calculations) the billing authority may notify the precepting authority that it must supply the information mentioned in paragraph (2) to the billing authority.
6
Where a relevant precepting authority —
a
issues a substitute precept to a billing authority, or
b
is notified by a billing authority under paragraph (5),
the authority is not required to supply to the billing authority any information which it has already supplied to that authority.
Supply of information by levying bodies
10
1
When a levying body issues a levy for a year it must supply the information in paragraph (2) to each relevant billing authority.
2
The information is —
a
the body’s gross expenditure for —
i
the year, and
ii
the year before that year;
b
the amount of its levy —
i
for the year, and
ii
for the year before that year if a levy was issued; and
c
the body’s reasons for any difference between —
i
the amounts mentioned in sub-paragraphs (a)(i) and (b)(i), and
ii
the amounts mentioned in sub-paragraph (a)(ii) and (b)(ii).
3
Where a levying body issues a substitute levy, the body is not required to supply to a billing authority any information which it has already supplied to that authority.
4
In this regulation, “relevant billing authority”, in relation to a levying body and a year, means —
a
if the body issues a levy to a billing authority for the year, that authority; and
b
if the body issues a levy to a major precepting authority for the year, any billing authority to which the precepting authority has power to issue a precept for that year.
Supply of information by the Secretary of State
11
1
No later than 31st December before each financial year, the Secretary of State must supply to each billing authority relevant information in relation to that year.
2
If the Secretary of State fails to comply with paragraph (1) as regards an authority, a year and a matter —
a
regulation 6(1), to the extent that it relates to paragraph 23 of Schedule 1, and
b
regulation 7(1), to the extent that it relates to paragraph 8 of Schedule 2,
do not apply in relation to the authority, the year and the matter.
3
In this regulation “relevant information”, in a relation to a billing authority and a year, means each of the matters in —
a
paragraph 23 of Schedule 1, and
b
paragraph 8 of Schedule 2,
insofar as those matters concern an authority other than the billing authority.
Signed by authority of the Secretary of State for Communities and Local Government
Barbara Follett
Parliamentary Under Secretary of State
Department for Communities and Local Government
3rd December 2009


text:
Citation and Commencement
1
These Regulations may be cited as the Armed Forces (Unfitness to Stand Trial and Insanity) Regulations 2009 and shall come into force on 31st October 2009.
Definitions
2
In these Regulations —
“the 1983 Act ” means the Mental Health Act 1983 ;
“the 2006 Act ” means the Armed Forces Act 2006;
“designated officer” has the meaning given in section 37(1) of the Courts Act 2003 ;
“duly approved” has the meaning given in section 172(1) of the 2006 Act;
“judge advocate” means the judge advocate specified under section 155(5) of the 2006 Act for proceedings in which a service supervision order falls to be considered;
“local justice area” has the meaning given in section 8 of the Courts Act 2003 and “local justice area concerned” shall be interpreted in accordance with regulation 5(2) below;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ;
“local social services authority” has the meaning given in section 145(1) of the 1983 Act;
“local social services authority area” means an area for which a local social services authority is responsible;
“service supervision order” means, subject to regulation 18, a service supervision order made by the Court Martial under section 169(2) of the 2006 Act.
Service supervision orders
3
1
Where a service supervision order is made and the supervised person will reside in England or Wales, the order shall either —
a
specify the local social services authority area in which that person will reside, and require him to be under the supervision of a social worker of the local social services authority for that area; or
b
specify the local justice area in which that person will reside, and require him to be under the supervision of an officer of the local probation board appointed for or assigned to that area.
2
Where the supervised person will reside outside England and Wales, the service supervision order shall —
a
specify the registered social worker or such other person as the judge advocate is satisfied is able to provide supervision in accordance with the order; and
b
require the supervised person to be under the supervision of that person.
3
In paragraph (2) above, “registered social worker” has the meaning given in section 257(3) of the 2006 Act.
Requirement to explain
4
Before the Court Martial makes a service supervision order, the judge advocate shall explain to the supervised person in ordinary language —
a
the effect of the order (including any requirements proposed to be included in the order in accordance with regulation 7, 8 or 10); and
b
that, in accordance with regulation 11 below, either a magistrates’ court or a judge advocate has power under regulations 12 to 14 to the order on the application either of the supervised person or of the supervising officer.
Procedure after making supervision order
5
1
After a service supervision order has been made, the court administration officer shall forthwith give a copy of the order to —
a
the supervised person; and
b
the supervising officer.
2
Where the Court Martial has made an order to which regulation 3(1) applies, the court administration officer shall also send to the designated officer for the local justice area in which the supervised person will reside (“the local justice area concerned”) —
a
a copy of the order; and
b
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.
Requirement for contact with supervising officer
6
Where a service supervision order has been made, the supervised person shall keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer and shall notify him of any change of address.
Requirements as to medical treatment
7
1
A service supervision order may, if the judge advocate is satisfied as mentioned in paragraph (2) below, include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of that period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of his mental condition.
2
The judge advocate may impose such a requirement only if satisfied on the written or oral evidence of two or more registered medical practitioners, at least one of whom is duly approved, that the mental condition of the supervised person —
a
is such as requires and may be susceptible to treatment; but
b
is not such as to warrant the making of a hospital order within the meaning of the 1983 Act.
3
The treatment required under this regulation by any such order shall be one of the following —
a
treatment as a non-resident patient at such institution or place as may be specified in the order, and
b
treatment by or under the direction of such registered medical practitioner as may be so specified,
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
8
1
This regulation applies where the judge advocate is satisfied on the written or oral evidence of two or more registered medical practitioners that —
a
because of his medical condition, other than his mental condition, the supervised person is likely to pose a risk to himself or others; and
b
the condition may be susceptible to treatment.
2
The service supervision order may (whether or not it includes a requirement under regulation 7 above) include a requirement that the supervised person shall submit, during the whole of the period specified in the order or during such part of the period as may be so specified, to treatment by or under the direction of a registered medical practitioner with a view to the improvement of the condition.
3
The treatment required under this regulation by any such order shall be one of the following —
a
treatment as a non-resident patient at such institution or place as may be specified in the order, and
b
treatment by or under the direction of such registered medical practitioner as may be so specified,
but the nature of the treatment shall not be specified in the order except as mentioned in sub-paragraph (a) or (b) above.
9
1
Where the registered medical practitioner by whom or under whose direction the supervised person is being treated in pursuance of a requirement under regulation 7 or 8 is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which —
a
is not specified in the order, and
b
is one in or at which the treatment of the supervised person will be by or under the direction of a registered medical practitioner,
he may, with the consent of the supervised person, make arrangements for him to be treated at that institution or place.
2
Such arrangements may provide for the supervised person to receive part of his treatment as a resident patient in an institution or place of any description.
3
Where any such arrangements are made for the treatment of a supervised person —
a
the medical practitioner by whom the arrangements are made shall give notice in writing to the supervising officer, specifying the institution or place in or at which the treatment is to be carried out; and
b
the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the supervision order.
4
While the supervised person is under treatment as a resident patient in pursuance of arrangements under this regulation, the supervising officer shall carry out the supervision to such extent only as may be necessary for the purpose of the revocation or amendment of the order.
Requirements as to residence
10
1
Subject to paragraph (2) below, a service supervision order may include requirements as to the residence of the supervised person.
2
Before the Court Martial makes an order containing any such requirement, the judge advocate shall consider the personal circumstances of the supervised person.
Application to have an order revoked or amended
11
1
In the case of a service supervision order to which regulation 3(1) applies, any application made under regulations 12 to 14 shall be made to a magistrates’ court acting for the local justice area concerned.
2
In the case of a service supervision order to which regulation 3(2) applies, any application made under regulations 12 or 14 shall be made to a judge advocate.
Revocation of order
12
Where a service supervision order is in force in respect of any person and, on the application of the supervised person or the supervising officer in accordance with regulation 11, it appears to a magistrates’ court acting for the local justice area concerned or (as the case may be) a judge advocate that, having regard to circumstances which have arisen since the order was made, it would be in the interests of the health or welfare of the supervised person that the order should be revoked, the magistrates’ court or the judge advocate may revoke the order.
Amendment of order by reason of change of residence
13
1
This regulation applies in the case of a service supervision order to which regulation 3(1) applies, where a magistrates’ court acting for the local justice area concerned is satisfied that the supervised person proposes to change, or has changed, his residence from the area specified in the order to another local social services authority area or local justice area.
2
Subject to paragraph (3), the magistrates’ court may, and on the application of the supervising officer shall, amend the supervision order by substituting the other area for the area specified in the order.
3
The magistrates’ court shall not amend a service supervision order under this regulation if it contains requirements which, in the opinion of the court, cannot be complied with unless the supervised person continues to reside in the area specified in the order, unless in accordance with regulation 14, it either —
a
cancels those requirements; or
b
substitutes for those requirements other requirements which can be complied with if the supervised person ceases to reside in that area.
Amendment of requirements of order
14
1
Without prejudice to the provisions of regulation 13, but subject to paragraph (2), a magistrates’ court acting for the local justice area concerned or (as the case may be) a judge advocate may, on the application of the supervised person or the supervising officer in accordance with regulation 11, by order amend a service supervision order —
a
by cancelling any of the requirements of the order; or
b
by inserting in the order (either in addition to or in substitution for any such requirement) any requirement which the magistrates’ court or judge advocate could include if it or he were the Court Martial and were then making the order.
2
The power of a magistrates’ court or judge advocate under paragraph (1) shall not include the power to amend an order by extending the period specified in it beyond the end of two years from the day of the original order.
Amendment of requirements in pursuance of medical report
15
1
Where the medical practitioner by whom or under whose direction the supervised person is being treated for his mental condition in pursuance of any requirement of a service supervision order —
a
is of the opinion mentioned in paragraph (2), or
b
is for any reason unwilling to treat or direct the treatment of the supervised person,
he shall make a report in writing to that effect to the supervising officer and that officer shall apply under regulation 14 above for the variation or cancellation of the requirement.
2
The opinion referred to in paragraph (1) is —
a
that the treatment of the supervised person should be continued beyond the period specified in the supervision order;
b
that the supervised person needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of such an order;
c
that the supervised person is not susceptible to treatment; or
d
that the supervised person does not require further treatment.
Procedure following revocation of order
16
1
On making an order under regulation 12 revoking a service supervision order —
a
where the order under regulation 12 was made by a magistrates’ court, the designated officer for the local justice area concerned, or
b
where the order under regulation 12 was made by a judge advocate, the court administration officer,
shall forthwith give copies of the revoking order to the supervising officer.
2
A supervising officer to whom copies of a revoking order are given shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Procedure following amendment of an order
17
1
On making an order under regulation 13 or 14 amending a service supervision order, (where the order under regulation 13 or 14 was made by a magistrates’ court) the designated officer for the local justice area concerned or (where the order under regulation 14 was made by a judge advocate) the court administration officer shall forthwith —
a
if the order amends the service supervision order otherwise than by substituting a new area or place for the one specified in the supervision order, give copies of the amending order to the supervising officer;
b
if the order amends the service supervision order by substituting a new area or place, send to the designated officer for the new local justice area concerned —
i
copies of the amending order, and
ii
such documents and information relating to the case as he considers likely to be of assistance to a court acting for that area in exercising its functions in relation to the order,
and in a case falling within sub-paragraph (b), the designated officer for that area shall give copies of the amending order to the supervising officer.
2
Where the order amending the service supervision order is made by a magistrates’ court and the designated officer for that court is also the designated officer for the new local justice area —
a
sub-paragraph (1)(b) does not apply; but
b
the designated officer shall give copies of the amending order to the supervising officer.
3
Where in accordance with paragraph (1) or (2) copies of an order are given to the supervising officer, he shall give a copy to the supervised person and to the person in charge of any institution in which the supervised person is residing.
Application to the Court Martial Appeal Court
18
Regulations 3 to 17 shall apply to a service supervision order made by the Court Martial Appeal Court under section 169(2) of the 2006 Act as if —
a
any reference to the Court Martial were a reference to the Court Martial Appeal Court;
b
any reference to the court administration officer were a reference to the registrar of the Court Martial Appeal Court; and
c
the references to the judge advocate in regulations 4, 7, 8 and 10 were references to the Court Martial Appeal Court.
Kevan Jones
Parliamentary Under Secretary of State
Ministry of Defence
7th May 2009


text:
Citation
1
This Order may be cited as the Finance Act 2008, Schedule 37 (Appointed Day) Order 2009.
Appointed day
2
The day appointed as the day on which the amendments made by Schedule 37 to the Finance Act 2008 (record-keeping) come into force is 1st April 2009.
Bob Blizzard
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 2009


text:
1
This Order may be cited as the A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) (Detrunking) Order 2009 and shall come into force on 30th January 2009.
2
In this Order —
i
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(i) of the A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Order 2009. ;
ii
“the plan” means the plan numbered HA/10/MP/092 shown on 3 sheets and marked “The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads)(Detrunking) Order 2009” signed by authority of the Secretary of State for Transport and deposited at Department of Communities and Local Government-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA
iii
“the trunk road” means the Newark to Widmerpool Trunk Road (A46)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies the Nottinghamshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Colin Chadwick
A Divisional Director
Highways Agency
9th January 2009


text:
Citation and commencement
1
1
This Order may be cited as the Local Justice Areas Order 2009.
2
For the purposes of Part 1 of the Schedule to this Order, this Order shall come into force on 17th August 2009.
3
For all other purposes this Order shall come into force on 1st January 2010.
Interpretation
2
In this Order —
“existing area” means a local justice area existing before 1st January 2010 and altered by this Order;
“new area” means a local justice area constituted by this Order;
Any reference to a justice for an area shall be construed as a reference to a justice of the peace who ordinarily acts, or as the case may be, will, on or after 1st January 2010, ordinarily act, in and for that area.
New Areas
3
1
The existing areas of Dudley and Stourbridge and Halesowen are combined to become a new area named Dudley and Halesowen.
2
The existing areas of Warley and West Bromwich are combined to become a new area named Sandwell.
3
Accordingly, the Schedule to the Local Justice Areas Order 2005 is amended as follows —
a
omit “Stourbridge and Halesowen”;
b
for “Dudley” substitute “Dudley and Halesowen”;
c
omit “Warley” and “West Bromwich”; and
d
after “Rotherham” insert “Sandwell”.
4
The consequential and transitional provisions set out in the Schedule to this Order have effect.
Signed by authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
17th July 2009