text:
Title and commencement
1
These Regulations may be cited as the Organic Products Regulations 2004 and shall come into force on 19th July 2004.
Interpretation
2
1
In these Regulations —
“authorised officer” means any person (whether or not an officer of a local authority) who is authorised by a local authority in writing, either generally or specially, to act in matters arising under these Regulations;
“business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried out for profit or not and any undertaking or activity carried on by a public or local authority;
“the Commission Regulations ” means the Commission Regulations listed in Schedule 1;
“ Commission Regulation 1452/2003 ” means Commission Regulation ( EC ) No. 1452/2003 maintaining the derogation provided for in Article 6(3)(a) of the Council Regulation with regard to certain species of seed and vegetative propagating material and laying down procedural rules and criteria relating to that derogation ;
“the Council Regulation” means Council Regulation ( EEC ) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Council Regulation (EC) No 392/2004 ;
“the database” means the computerised database, established under Article 6(1) of Commission Regulation 1452/2003, listing varieties of seed and seed potatoes obtained by the organic production method prescribed in Article 6(2) of the Council Regulation which are available in the United Kingdom;
“holding” has the meaning given in Article 2(b) of Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes;
“importer” means any person who imports from a third country any products referred to in Article 1 of the Council Regulation with a view to the subsequent marketing of such products;
“justice of the peace”, in relation to Scotland, means a full justice as defined by section 9 of the District Courts (Scotland) Act 1975 ;
“local authority” means —
in relation to England —
for each non-metropolitan county, metropolitan district, and London borough, the council of that county, district or borough, and
for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in relation to Wales, as respects each county or county borough, the council of that county or county borough;
in relation to Scotland, as respects each local authority area, the council for that area constituted under section 2 of the Local Government etc. Scotland Act 1994 ; and
in relation to Northern Ireland, each district council, and for this purpose, “district council” has the meaning given to it in section 44 of the Interpretation Act (Northern Ireland) 1954 ;
“notification” means a notification of the information specified in Annex IV to the Council Regulation made by an operator under Article 8(1)(a) of that Regulation;
“organic product” means a product referred to in Article 1(1) of the Council Regulation;
“private inspection body” means an inspection body holding a current approval from the Secretary of State under Article 9 of the Council Regulation;
“public analyst”, except in relation to Northern Ireland, has the same meaning as in the Food Safety Act 1990 and, in relation to Northern Ireland, has the same meaning as in the Food Safety (Northern Ireland) Order 1991 ;
“the Soil Association” means the Soil Association Limited, a company limited by guarantee and registered charity No. 206862 of Bristol House, 40-56 Victoria Street, Bristol BS1 6BY;
“specified Community provisions” means those provisions of the Council Regulation which are specified in column 1 of Schedule 2, as read with —
any supplementary provisions specified in column 2 of that Schedule;
Article 3 of Council Regulation (EEC) No. 1804/1999 supplementing Council Regulation (EEC) No. 2092/91 to include livestock production; and
any additional provisions thereto contained in the livestock standards set out in the Compendium of UK Organic Standards, May 2004 Edition, published by the Department for Environment, Food and Rural Affairs.
2
Other expressions used in these Regulations have the same meaning as in the Council Regulation, the Commission Regulations or Commission Regulation 1452/2003.
Designation of authority for the receipt of notifications, operation of inspection system, establishment of database and information to local authorities
3
1
The Secretary of State is designated as —
a
the inspection authority responsible for the operation of the inspection system referred to in Article 9(1) of the Council Regulation;
b
the authority responsible for the approval and supervision of private inspection bodies, in accordance with Articles 9(4) to (9) and (12) and 10(3) of the Council Regulation; and
c
the competent authority for the purposes of —
i
Articles 8, 9, 10(3)(b) and 11(6) of, and Annex I to, the Council Regulation, and
ii
Articles 5(4), 8(2),11, 12 and 13 of Commission Regulation 1452/2003.
2
Where the Secretary of State or a private inspection body has reason to believe that any person is using, in any local authority area, any indication which the Secretary of State and the private inspection body are required by Article 9(9) or 10(3) of the Council Regulation to prevent him from using —
a
the Secretary of State or the private inspection body, as appropriate, shall notify in writing that use to the local authority of that area;
b
where such notification is given by a private inspection body, it shall also notify in writing that use to the Secretary of State; and
c
the Secretary of State or the private inspection body, as the case may be, giving such notification shall give the local authority any information which the local authority may reasonably require for the purpose of enforcement under regulation 10 of these Regulations in relation to the use of that indication.
Additional requirement relating to the labelling of organic products
4
For the purposes of Article 5(1)(d),(3)(g),(5)(e) and (5a)(h) of the Council Regulation, the operator shall include on the labelling a reference to the code number of the inspection authority or private inspection body to which he is subject.
Manager of the database
5
The Soil Association is designated pursuant to Article 6(2) of Commission Regulation 1452/2003 as manager of the database.
Registration fees
6
1
The Soil Association shall, subject to paragraph (2), charge a supplier a fee in respect of any expenses reasonably incurred by it in registering and maintaining in the database information given to it by a supplier for the purposes of Articles 7(1) and 9(1) of Commission Regulation 1452/2003.
2
The Soil Association may waive, in whole or in part, a fee payable under paragraph (1).
3
The fee payable under paragraph (1) shall be specified in an invoice given to the supplier by the Soil Association, and any amount not paid in accordance with the invoice shall be payable on demand.
4
In any proceedings for recovery of an amount under this regulation a certificate of the Soil Association stating the amount recoverable shall be evidence of the amount in question.
Fees for ingredient authorisations and import authorisations
7
1
The Secretary of State may charge an operator a fee in respect of any expenses reasonably incurred by her in —
a
issuing, pursuant to Article 5(3)(b) and (5a)(b) of the Council Regulation, a provisional authorisation for an ingredient of agricultural origin not obtained by organic production to be included in an organic product; or
b
renewing any such authorisation.
2
The Secretary of State may charge an importer a fee in respect of any expenses reasonably incurred by her in —
a
issuing, pursuant to Article 11(6)(a) of the Council Regulation, an authorisation to market products imported from a third country that is not included in the list referred to in Article 11(1)(a) of that Regulation; or
b
varying or renewing any such authorisation.
3
Any fee payable under paragraph (1) or (2) shall be notified to the operator or, as the case may be, the importer by the Secretary of State, and any amount not paid in accordance with such notification shall be payable on demand.
4
In any proceedings for recovery of an amount under this regulation a certificate of the Secretary of State stating the amount recoverable shall be evidence of the amount in question.
Inspection system
8
1
Each private inspection body shall charge an operator a fee in respect of any expenses reasonably incurred by it in carrying out an inspection of the holding, premises or facilities of the operator.
2
The fee payable under paragraph (1) shall be specified in an invoice given to the operator by the private inspection body and any amount not paid in accordance with the invoice shall be payable on demand.
3
In any proceedings for recovery of an amount under this regulation a certificate of the private inspection body stating the amount recoverable shall be evidence of the amount in question.
4
Where an operator has been unable to reach agreement with a private inspection body for the carrying out of an inspection, the Secretary of State shall, if so requested by the operator, take such steps as are necessary to procure that an inspection is carried out by such other private inspection body as may agree to do so.
5
In this regulation, “inspection” means a precautionary or inspection measure described in Annex III to the Council Regulation.
Fees for approvals etc. of inspection bodies
9
1
Where an inspection body has applied to the Secretary of State for approval under Article 9 of the Council Regulation, the Secretary of State may charge that body a fee in respect of any expenses reasonably incurred by her in —
a
inspecting the offices and facilities of the inspection body;
b
considering the application, including ascertaining whether the requirements laid down in the conditions of European Standard 45011 (setting out general requirements for bodies operating product certification systems) are satisfied in respect of the inspection body and whether the training and competence of inspectors employed by that body is adequate; and
c
where appropriate, issuing a certificate of approval.
2
Where an inspection body has been approved under Article 9 of the Council Regulation, the Secretary of State may charge that body a fee in respect of any expenses reasonably incurred by her in carrying out, for the purposes of Article 9(6) of that Regulation —
a
any further inspection of the offices and facilities of the inspection body;
b
any inspection of the premises and facilities and, where appropriate, any holding of an operator; and
c
any associated administrative work (including verification of the competence of the inspectors employed by that body).
3
Any fee payable under paragraph (1) or (2) shall be specified in an invoice given by the Secretary of State to the inspection body concerned and any amount not paid in accordance with the invoice shall be payable on demand.
4
In any proceedings for recovery of an amount under this regulation a certificate of the Secretary of State stating the amount recoverable shall be evidence of the amount in question.
5
Any fee payable by an inspection body pursuant to paragraph (2) shall remain payable by it notwithstanding that its approval under Article 9 of the Council Regulation has subsequently been withdrawn by the Secretary of State.
Enforcement, offences and penalties
10
1
Each local authority shall enforce and execute within its area the specified Community provisions and regulation 4.
2
Any person who contravenes or fails to comply with any of the specified Community provisions or regulation 4 shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
For the purposes of the enforcement and execution of the specified Community provisions and regulation 4, the supply in the course of a business of organic products, otherwise than on a sale, shall be deemed to be a sale of such products, and for those purposes sale shall include possession for sale, or offer or exposure for sale.
4
For the purposes of such enforcement and execution in respect of products intended for human consumption within the meaning of Article 1(1)(b) of the Council Regulation, any such product commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold for human consumption or, as the case may be, to have been, or to be, intended for sale for human consumption.
Procurement of samples
11
An authorised officer may, for the purposes of ascertaining whether any offence under these Regulations has been committed, purchase or take samples of any organic product.
Analysis, testing and examination
12
1
If an authorised officer who has procured a sample of any organic product considers that it should be analysed, examined or tested, he shall submit such sample to be analysed, examined or tested, as the case may be, by the public analyst for the area in which it was procured or, if the office of the public analyst for the area is vacant, to the public analyst for some other area.
2
The public analyst shall analyse, examine or test (or have analysed, examined or tested) as soon as practicable, any sample submitted to him in pursuance of this regulation.
3
A public analyst who has analysed, examined or tested a sample shall give the person by whom it was submitted a certificate specifying the result of the analysis, examination or test.
4
In any proceedings under these Regulations, the production by one of the parties —
a
of a document purporting to be a certificate under paragraph (3); or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.
5
In any such proceedings, if a person charged or summonsed intends to produce a certificate of a public analyst or require, under paragraph (4), the analyst to be called as a witness, notice of his intention together with a copy of the certificate (if appropriate) shall be given to the other party, in writing, at least three clear days before the hearing or trial, and, if this requirement is not complied with, the court may adjourn the hearing or trial on such terms as it thinks proper.
Powers of entry
13
1
An authorised officer may, at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, enter any premises for the purposes of ascertaining whether there is or has been any contravention of, or failure to comply with, any of the specified Community provisions or regulation 4.
2
If a justice of the peace, or in Scotland a justice of the peace or sheriff, on sworn information in writing, is satisfied that there is a reasonable ground for entry into any premises for any such purpose as is mentioned in paragraph (1) and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice or sheriff may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under this regulation shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a business dealing with any organic product and, where such records are kept by means of a computer —
a
may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
b
may reasonably require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
6
Any officer exercising any power conferred by paragraph (5) may —
a
seize and detain any records which he has reason to believe may be required as evidence in any proceedings under these Regulations;
b
where the records are kept by means of a computer, may require them to be produced in a form in which they may be taken away.
7
If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
8
Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 or, as the case may be, of the Department of Agriculture and Rural Development under the Diseases of Animals (Northern Ireland) Order 1981 , to enter any premises —
a
in which an animal or bird affected with any disease to which that Act or Order applies is kept; and
b
which is situated in a place or area declared under that Act or Order to be infected with such a disease.
9
In this regulation, “premises” includes any vehicle, stall or moveable structure but does not include any premises, or part of any premises, used only as a dwelling.
Offences due to fault of another person and defence of due diligence
14
1
Where the commission by any person of an offence under regulation 10(2) is due to the act or default of another person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
In any proceedings for an offence under regulation 10(2), it shall, subject to paragraph (3), be a defence for the person charged to prove that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence by himself or by a person under his control.
3
If in any case the defence provided by paragraph (2) involves the allegation that the commission of the offence was due to an act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing (or in Scotland the trial diet); and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Obstruction etc. of officers
15
1
Any person who —
a
intentionally obstructs any person acting in the enforcement or execution of the Council Regulation or these Regulations; or
b
without reasonable cause, fails to give any person acting in the enforcement or execution of the Council Regulation or these Regulations any assistance or information which that person may reasonably require of him in the performance of his functions under that Regulation or these Regulations, shall be guilty of an offence.
2
Any person who, in purported compliance with any such requirement mentioned in paragraph (1)(b) —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
shall be guilty of an offence.
3
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
4
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by bodies corporate
16
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in such capacity (or in the case of a partnership under Scots law, a partner or person who was purporting to act as such),
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Protection of officers acting in good faith
17
1
An officer or agent of the Secretary of State, a private inspection body or a local authority is not personally liable in respect of any act done by him —
a
in the execution or purported execution of these Regulations or the Council Regulation; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under these Regulations or the Council Regulation required or entitled him to do it.
2
Nothing in paragraph (1) shall be construed as relieving the Secretary of State, a private inspection body or a local authority from liability in respect of the acts of their officers.
Extended time for bringing prosecutions
18
No prosecution for an offence under regulation 10(2),13(7) or 15(2) shall be begun after the expiry of —
a
one year from the commission of the offence; or
b
six months from its discovery by the prosecutor,
whichever is the earlier.
Use of electronic communications
19
1
Any requirement imposed by or under these Regulations as to the giving by one person to another of a notice or other document may be met by means of an electronic communication if —
a
the use of such a communication results in the information contained in that notice being available to the other person in all material respects as it would appear in a notice given in printed form; and
b
the other person has consented to the information being made available to him by such means.
2
In paragraph (1), “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 .
3
For the purposes of paragraph (1)(a), “in all material respects” means in all respects material to an exact reproduction of the content of the information as it would appear in a notice given in printed form.
Revocations
20
The Regulations specified in Schedule 3 are hereby revoked.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
14th June 2004
We consent,
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd June 2004


type: legislation

jurisdiction: UK

text:
PART 1
Introduction
Title, application, commencement and interpretation
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 2004; they apply in relation to England only and come into force on 13th April 2004.
2
In these Regulations —
any expressions used have the meaning they bear in —
Council Directive 90/425/ EEC (concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market) ; and
Council Directive 91/496/EEC (laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries) ,
both of which have been amended by the legislation listed in Schedule 1;
“assembly centre” means holdings, collection centres and markets at which cattle, pigs, sheep or goats originating from different holdings are grouped together to form consignments of animals intended for intra-Community trade or which are used in the course of intra-Community trade, and which are approved by the Secretary of State in accordance with regulation 12;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“dealer” means any person who buys and sells animals commercially either directly or indirectly, who has a regular turnover of those animals and who within 30 days of purchasing animals resells or relocates them to other premises not within his ownership;
“European international instruments” means —
the Act of Accession to the European Communities of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland ;
the Decision on the conclusion of the Agreement on the European Economic Area between the European Communities, their member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation ;
the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded ; and
(as from 1st May 2004) the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded .
“herd” or “flock” means a group of animals kept as an epidemiological unit;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Secretary of State or a local authority, and when used in relation to a person so appointed by the Secretary of State includes a veterinary inspector;
“local authority” means —
as respects each unitary authority, metropolitan district or non-metropolitan county, the council of that unitary authority, district or county;
as respects each London borough, the council of that borough, except in relation to imported live animals; and
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“required consignment documentation” means any certificates or other documents which are required by these Regulations to accompany the consignment;
“veterinary inspector” means a person appointed as a veterinary inspector by the Secretary of State.
3
Any reference in these Regulations to an instrument in a Schedule includes all provisions relating to it listed in that Schedule.
4
A notice, approval or declaration under these Regulations shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description, or a particular case, that she, and not the local authority, shall discharge any duty imposed on a local authority under paragraph (1).
PART 2
Intra-Community Trade
Application of Part 2
4
This Part shall apply to trade between member States in live animals and animal products which are the subject of an instrument in Part I of Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC (concerning the animal health conditions governing the placing on the market of aquaculture animals and products) .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the instruments in Part I of Schedule 3 unless —
a
it complies with the relevant provisions of those instruments (including any option which has been exercised by the member State of destination);
b
when required by such instrument, it is accompanied by —
i
an export health certificate signed by a veterinary inspector (or, where specified in an instrument, signed by a veterinary surgeon nominated by the exporter); or
ii
any other document required by the instrument;
c
when required by such instrument, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the instrument; and
d
if the animal is acquired through or transits an assembly centre, that centre has been approved by the Secretary of State in accordance with regulation 12 for the purposes of intra-Community trade and complies with the provisions of Article 11 of Council Directive 64/432/EEC .
2
If an inspector has reasonable cause to suspect that a person intends to export animals or animal products in contravention of this regulation he may by notice served on the consignor, his representative or the person appearing to him to be in charge of the animals or animal products, prohibit that exportation and require the person on whom the notice is served to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice served under paragraph (2) not being complied with, an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
No person shall export to another member State any animal to which the provisions of Articles 6, 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC ) apply unless the animal originates from —
a
a holding which has been registered with the Secretary of State and the owner or person in charge of that holding has given to the Secretary of State undertakings in accordance with Article 4 of Council Directive 92/65/EEC ; or
b
a body, institute or centre which has been approved by the Secretary of State in accordance with regulation 9(1) and which conforms with the requirements of Annex C to Council Directive 92/65/EEC .
Imports
6
1
No person shall import from another member State (either for entry into the UK or by way of transit to another member State) any animal or animal product subject to an instrument in Part I of Schedule 3 unless it complies with the relevant provisions of that instrument.
2
Where an animal subject to an instrument in Part I of Schedule 3 is imported from another member State (either for entry into the UK or by way of transit to another member State), the importer, and the person in charge of the animal, if different, shall comply with all the relevant provisions of that instrument until it arrives at its place of destination or leaves England, as the case may be.
3
Where cattle, pigs, sheep or goats are imported from another member State for slaughter in England and are taken to an assembly centre, the importer shall ensure that they are removed from the assembly centre directly to a slaughterhouse and slaughtered there, in the case of sheep and goats within 5 days of their arrival at the assembly centre, and in the case of cattle and pigs within 3 days of their arrival at the assembly centre.
4
Where an animal to which paragraph (3) relates is not slaughtered within the specified period, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be slaughtered as may be specified in the notice.
5
Where an animal is imported from another member State for slaughter, other than an animal taken to an assembly centre, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may, by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
6
If a notice served under either paragraph (4) or (5) is not complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product in intra-Community trade unless it is accompanied by the documents required by Article 3(1)(d) of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required consignment documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the required consignment documentation and not in compliance with a notice served by an inspector, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the required consignment documentation.
3
In the event of a notice served under paragraph (2) not being complied with an inspector may seize any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
In the case of the transport of cattle or pigs, the provisions of Part II of Schedule 3 shall have effect, and any failure to comply with those provisions may lead to the amendment, suspension or revocation of an authorisation to transport those animals granted under article 12 of the Welfare of Animals (Transport) Order 1997 in accordance with Schedule 9 to that Order.
Dealers
8
1
Dealers in cattle, pigs, sheep or goats, engaging in intra-Community trade shall comply with Part III of Schedule 3.
2
Dealers in other animals engaging in intra-Community trade, if required to do so by a notice served by the Secretary of State, shall register as such with the Secretary of State and shall give such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
The Secretary of State shall keep a register of dealers registered under paragraph (2).
4
Any person who has registered under paragraph (2) shall keep a record of —
a
all deliveries of animals; and
b
where a consignment is divided up or subsequently marketed, the subsequent destination of the animals,
and shall keep such records for 12 months from the arrival of the consignment.
Approval of centres and teams
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Secretary of State shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that Directive and which conforms with the requirements of Annex C to that Directive.
2
The Secretary of State shall suspend, withdraw or restore the approval referred to in paragraph (1) in accordance with point 6 of Annex C to that Directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Secretary of State shall approve any semen collection centre or embryo collection team which has applied to the Secretary of State for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 of and Annex D to that Directive.
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into England from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the instruments in Part I of Schedule 3 and any additional requirements specified in Part I of Schedule 3 have been complied with.
2
An inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the instruments in Part I of Schedule 3 or of any additional requirements specified in Part I of Schedule 3.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector referred to in paragraph (1) shall be the inspector authorised by the Secretary of State to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination is situated.
Assembly centres and slaughterhouses
12
1
Any person operating an assembly centre shall do so in accordance with this regulation.
2
The assembly centre shall be approved by the Secretary of State and given a number, and approval shall only be given if the Secretary of State is satisfied that —
a
the centre complies with the requirements of paragraphs (a) to (d) of Article 11(1) of Council Directive 64/432/EEC ; and
b
the operator of the assembly centre has agreed to comply with the requirements for the operation of the centre which an inspector has specified in an operational agreement as being the requirements the inspector believes are necessary to ensure the centre is capable of being operated in accordance with the second indent of Article 3(2) of Council Directive 90/425/EEC .
3
The operator of an assembly centre shall admit to those premises only animals that are identified and come from herds or flocks that are eligible for intra-Community trade.
4
Where animals are consigned to an assembly centre, the operator of the assembly centre shall —
a
ensure that no animal is admitted unless it complies with Article 3(1) of Council Directive 90/425/EEC ; and
b
record on a register —
i
the name of the owner, the registration number of the transporter and the licence number of the lorry delivering or collecting animals from the centre;
ii
in the case of cattle, sheep and goats, the origin, date of entry and exit, number and identification of the animals and the proposed destination as well as the information in paragraph (i); and
iii
in the case of pigs, the registration number of the holding of origin or of the herd of origin and the proposed destination as well as the information in paragraph (i),
and shall preserve the register for a minimum of three years.
5
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 or regulation 8 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3(1) of Council Directive 90/425/EEC .
6
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Secretary of State to receive such notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose; or
b
by notice served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
7
Where paragraphs (4) and (5) do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before any animal is marketed or any batch is divided up, that all the animals comply with the relevant provisions of an instrument in Part I of Schedule 3, with respect to identification marks and required consignment documentation;
b
shall immediately notify any irregularity or anomaly to a veterinary inspector authorised by the Secretary of State to receive such notification; and
c
if there is a breach of Article 3(1)(d) of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Secretary of State to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, any other disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may serve a notice in accordance with paragraph (2) on the person appearing to him to be in charge of those animals or products.
2
The notice shall require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within England; or
b
without delay, to slaughter them, or slaughter and destroy them, or, in the case of products, destroy them, in accordance with such conditions as may be specified in the notice.
3
Subject to the provisions of paragraph (4), if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to be in charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of residues in excess of that permitted under regulation 9 of and Schedule 1 to the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 , maintaining the animals under supervision until the residue levels fall to the levels permitted by the legislation and, in the event of the residue levels not falling to the permitted levels, requiring him to take whatever action is specified in that legislation; or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice; or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
4
If the consignment fails to comply only by reason of an irregularity in respect of the required consignment documentation, the inspector shall not serve a notice under paragraph (3) unless —
a
he has given the consignor, his representative or the person appearing to him to be in charge of those animals or products a notice requiring him to produce the required consignment documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice; and
b
the required consignment documentation has not been produced within that time.
5
In the event of any notice served under this regulation not being complied with an inspector may seize any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
PART 3
Third Countries
Application of Part 3
14
1
This Part shall apply in respect of animals imported into England —
a
from anywhere other than a member State, and
b
from another member State if the animal originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Secretary of State shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part and may revoke such designation at any time.
Importation
16
1
No person shall import any animal —
a
either for entry into the UK or for export to another member State unless the conditions in Article 4 of Council Directive 91/496/EEC are complied with; or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Secretary of State and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal except from a country or territory specified under the instruments in Part I of Schedule 5.
3
No person shall import any animal to which an instrument in Part II of Schedule 5 applies unless it complies with the relevant provisions of that instrument and any additional requirements specified in that Part.
4
Where an animal is imported for slaughter, it must be taken directly and without undue delay to a slaughterhouse, and if it is not taken directly and without undue delay to a slaughterhouse, an inspector may by notice served on the person appearing to him to be in charge of the animal, require the animal to be taken to such slaughterhouse as may be specified in the notice.
5
In the event of a notice served under paragraph (4) not being complied with an inspector may seize any animal to which it relates and arrange for the requirements of the notice to be complied with.
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1), an inspector may by notice require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice served under paragraph (2) or (3) not being complied with, an inspector may seize the animal and arrange for the requirements of the notice to be complied with.
Import procedure
18
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the instruments in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10(1) of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless he has been provided by the official veterinarian with a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4(1), 4(2)(a), 4(2)(b), 4(2)(d), 8 and 9 of that Directive to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements —
a
unless the certificate provided under paragraph (3) has been produced by that person to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by that officer;
b
to any place other than the address specified in the required consignment documentation, unless he has been required to remove it to another place by means of a notice served on him by an inspector.
5
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person appearing to him to be in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 shall apply as they apply at a border inspection post.
6
In the event of a notice served under paragraph (4) or (5) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9(1)(a), 9(2), the second and third indents of Article 10(1), Article 10(6) and Article 12(2) of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post or the test results referred to in regulation 18(5) reveal that an animal or a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the animal or consignment (as the case may be) and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with the provisions of Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to be in charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals;
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within England; or
c
re-despatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-despatched in accordance with sub-paragraph (1)(c), the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-despatch is not possible, in particular for reasons of the welfare of animals, he shall serve a notice on the person appearing to him to be in charge of the animals in accordance with the following paragraph.
5
A notice served under the preceding paragraph may authorise slaughter of the animals for human consumption if the animals comply with all legislative requirements which must be complied with before slaughter for human consumption is permitted but, if this is not possible, shall either —
a
order the slaughter of the animals for purposes other than human consumption, or
b
order the slaughter of the animals and destruction of the carcasses, specifying in each case the conditions regarding control of the use of the products obtained.
6
In the event of a notice served under paragraph (1) or (4) not being complied with a veterinary inspector may seize any animal to which it relates, and arrange for the requirements of the notice to be complied with.
7
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Secretary of State.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal that he deems appropriate.
2
If the checks confirm that import conditions were not complied with, then the provisions of regulation 21 shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or to isolate them, a veterinary inspector may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART 4
Imports Where Checks Have Been Carried Out in Another Member State
Application of Part 4
24
This Part shall apply in respect of animals imported into England and which originate outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7(1) of Council Directive 91/496/EEC .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART 5
General
Outbreaks of disease in other states
27
1
This regulation shall apply where the Secretary of State learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1), the Secretary of State may, for the purpose of preventing the introduction or spreading of disease into or within England, by declaration suspend, or impose conditions upon, the entry into England of any animal or animal product from the whole or any part of that state.
3
Such a declaration shall be published in such manner as the Secretary of State thinks fit.
4
Where a declaration is in force suspending the entry of any animal or animal product, no person shall bring that animal or animal product into England if it is dispatched from, or originates from, the state or part thereof specified in the declaration.
5
Where a declaration is in force imposing conditions on the entry into England of any animal or animal product, no person shall bring that animal or animal product into England if it originates in the state or part thereof specified in the declaration unless the animal or animal product complies with the conditions specified in the declaration.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, road or rail vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the instruments in Part I of Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports; or
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
Recovery of expenses
30
The consignor, his representative and the person in charge of any animal or animal product shall be jointly and severally liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
31
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
32
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
33
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 31(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
34
The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which an instrument in Part I of Schedule 3 applies, or to imports of an animal to which an instrument in Schedule 5 applies from the country subject to that instrument, to the extent specified in column 3 of the table given in Schedule 6.
Revocations
35
The following Regulations are revoked in so far as they apply in England —
a
The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 ;
b
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) Regulations 2000 ;
c
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) ( No. 1) Regulations 2000 ;
d
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 2) Regulations 2000 ;
e
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 3) Regulations 2000 ;
f
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) Regulations 2002 ; and
g
Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) (No. 2) Regulations 2002 .
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
20th March 2004


text:
Citation
1
This Order may be cited as the Wycliffe C of E Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Wycliffe C of E Primary School, Saltaire Road, Shipley, West Yorkshire, BD18 3HZ, a voluntary controlled school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
26th January 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (School Organisation Proposals) (Miscellaneous Amendments) (England) Regulations 2004.
2
These Regulations except for regulations 5 to 10 shall come into force on 17th December 2004.
3
Regulations 5 to 10 shall come into force on 1 February 2005.
Amendment of the Education (School Organisation Proposals) (England) Regulations 1999
2
The Education (School Organisation Proposals) (England) Regulations 1999 shall be further amended in accordance with regulations 3 and 4.
3
In regulation 9(1) (Conditional Approvals)–
a
for sub-paragraph (e) there shall be substituted the following sub-paragraph–
e
the private finance credit approval given by the Department for Education and Skills following the entering into of a private finance contract by a local education authority or the approval by the Department for Education and Skills of capital grant in an equivalent arrangement for voluntary aided schools
; and
b
after sub-paragraph (e) there shall be inserted–
ea
the entering into an agreement for any necessary building project supported by the Department for Education and Skills in connection with the programme known as “Building Schools for the Future”
.
4
In paragraph 3A of Schedule 1 (Alterations for which proposals must be published) after “is at least a year” there shall be inserted “higher or”.
Amendment of the Education (School Organisation Committees) (England) Regulations 1999
5
The Education (School Organisation Committees) (England) Regulations 1999 shall be amended in accordance with regulations 6 to 10.
6
In regulation 2(1) (Interpretation) for the definition of “relevant school”, there shall be substituted–
“relevant school” in relation to any authority means any school which falls within any of the categories referred to in regulation 4 and is maintained by the authority;
.
7
In regulation 4(1) (Categories of schools)–
a
in sub-paragraph (c) the word “and” shall be omitted;
b
at the end of sub-paragraph (d) there shall be inserted “and (e) maintained nursery schools”.
8
In regulation 6(4) (Tenure of members) for sub-paragraph (d), there shall be substituted–
d
where the person is a member of the schools group, if he ceases to be a member of the governing body of a relevant school.
9
In regulation 11(6) (Alternate members), in sub-paragraph (c), the words “where paragraph 4(1) applies,” shall be omitted.
10
In the Schedule (Composition of Membership of the Schools Group)–
a
for paragraph 1, there shall be substituted–
1
The composition of the schools group shall be such that it complies with paragraphs 2 and 3 below.
;
b
for paragraph 2, there shall be substituted–
2
There shall be at least one member of the group who is–
a
where there is at least one primary school (other than a special school or a maintained nursery school) in the area of the authority, a member of the governing body of a primary school;
b
where there is at least one secondary school (other than a special school) in the area of the authority, a member of the governing body of a secondary school;
c
where there is at least one special school in the area of the authority, a member of the governing body of a special school;
d
where there is at least one middle school in the area of the authority, a member of the governing body of a middle school; and
e
where there is at least one maintained nursery school in the area of the authority, a member of the governing body of a maintained nursery school.
;
c
in paragraph 3(2), at the end, insert “except where there is a requirement for there to be a member of the governing body of a special school or a maintained nursery school by virtue of paragraph 2”; and
d
paragraph 4 shall be omitted.
Amendment of the Education (References to Adjudicator) Regulations 1999
11
The Education (References to Adjudicator) Regulations 1999 shall be amended in accordance with regulations 12 and 13.
12
In regulation 2 (Adjudicator to which matters are to be referred)–
a
in paragraph (1), for the words “a particular adjudicator” there shall be substituted the words “one or more adjudicators”; and
b
in paragraph (2), for the first reference to “a particular adjudicator” there shall be substituted “an adjudicator” and for the second and third references to “the particular adjudicator” shall be substituted “such adjudicator”.
13
After regulation 2, there shall be inserted the following regulation–
Decision-making where there is more than one Adjudicator
3
1
Where the chief adjudicator refers a matter to more than one adjudicator, the chief adjudicator shall appoint one of them to be the lead adjudicator.
2
In the event of a disagreement between the adjudicators, the matter under consideration shall be determined by the lead adjudicator.
David Miliband
Department for Education and Skills
17th November 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the International Criminal Court Act 2001 (Elements of Crimes) Regulations 2004 and shall come into force on .
2
These Regulations extend to England and Wales and Northern Ireland.
3
In so far as these Regulations may relate to proceedings in a service court these Regulations extend to any place at which those proceedings are held.
The Elements of Crimes
2
The text of the Elements of Crimes adopted by the Assembly of States Parties on 9th September 2002 in accordance with Article 9(1) of the Rome Statute of the International Criminal Court and referred to in section 50(2) (a) of the International Criminal Court Act 2001 is set out in the Schedule to these Regulations.
3
The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001 are hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State, Foreign and Commonwealth Office
9th March 2004


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Tax Credits Up-rating Regulations 2004 and shall come into force on 6th April 2004.
2
In these Regulations —
“the Child Tax Credit Regulations ” means the Child Tax Credit Regulations 2002 ;
“the Entitlement Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;
“the Income Thresholds Regulations ” means the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 .
3
These Regulations have effect in relation to awards of tax credits for the tax year beginning on 6th April 2004 and subsequent tax years.
Amendment of the Child Tax Credit Regulations
2
In regulation 7(4) of the Child Tax Credit Regulations (individual element of the child tax credit) —
a
in sub-paragraph (a) for “£3,600” substitute “£3,840”;
b
in sub-paragraph (b) for “£4,465” substitute “£4,730”;
c
in sub-paragraph (c) for “£1,445” substitute “£1,625”;
d
in sub-paragraph (d) for “£3,600” substitute “£3,840”;
e
in sub-paragraph (e) for “£4,465” substitute “£4,730”; and
f
in sub-paragraph (f) for “£1,445” substitute “£1,625”.
Amendment of the Entitlement Regulations
3
For the Table in Schedule 2 to the Entitlement Regulations substitute the Table set out in the Schedule to these Regulations.
Amendment of the Income Thresholds Regulations
4
In regulation 3(3) of the Income Thresholds Regulations (first income threshold for those entitled to child tax credit) for “£13,230” substitute “£13,480”.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2004