text:
Citation, commencement and extent
1
1
This Order may be cited as the Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 and comes into force on 1st October 2010.
2
The amendment of any provision by this Order has the same extent as the provision being amended.
Consequential amendments
2
The legislation listed in articles 3 to 25 is amended as provided for in those articles.
Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
3
1
The Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 are amended as follows.
2
In regulation 1 (citation, commencement and interpretation) —
a
in the definition of “independent clinic” in paragraph (2)(a), for “in relation to England and Wales” substitute “in relation to Wales”;
b
in the definition of “independent hospital” in paragraph (2)(a), for paragraph (a) substitute —
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,
aa
in relation to Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000,
;
c
in the definition of “independent medical agency” in paragraph (2)(a), for paragraph (a) substitute —
a
in relation to England and Wales, means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with sub-paragraph (d);
; and
d
after paragraph (2)(c), insert —
and
d
in paragraph (2)(a), for the purposes of the definition of “independent medical agency”, “undertaking” includes any business or profession and —
i
in relation to a public or local authority, includes the exercise of any functions of that authority; and
ii
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
.
3
In Schedule 1 (classes of persons for the purposes of regulation 5), in the entry beginning “Authorities or persons carrying on the business of” —
a
insert “in Wales, Scotland or Northern Ireland” after the words “independent clinic” in the first place they occur; and
b
insert “, in Wales, Scotland or Northern Ireland, an” before the words “independent clinic” in the second place they occur.
Medicines (Pharmacy and General Sale – Exemption) Order 1980
4
1
The Medicines (Pharmacy and General Sale – Exemption) Order 1980 is amended as follows.
2
In article 1 (citation, commencement and interpretation) —
a
in the definition of “independent clinic” in paragraph (2)(a), for “in relation to England and Wales” substitute “in relation to Wales”;
b
in the definition of “independent hospital” in paragraph (2)(a), for paragraph (a), substitute —
a
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,
aa
in relation to Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000,
;
c
in the definition of “independent medical agency” in paragraph (2)(a), for paragraph (a), substitute —
a
in relation to England and Wales, means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with sub-paragraph (aa),
;
d
in the definition of “registered provider” in paragraph (2)(a) —
i
after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and
ii
for sub-paragraph (i) of paragraph (a) of the definition, substitute the following —
i
in relation —
aa
to England, the person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and
bb
to Wales, the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the establishment or agency,
;
e
in the definition of “relevant manager” in paragraph (2)(a) —
i
after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and
ii
in sub-paragraph (i) of paragraph (a) of the definition, for the words “(i) in relation to England and Wales” substitute the following —
i
in relation to England, a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 as a manager in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and
ia
in relation to Wales —
; and
f
after paragraph (2)(a), insert —
aa
in paragraph (2)(a), for the purposes of the definition of “independent medical agency”, “undertaking” includes any business or profession and —
i
in relation to a public or local authority, includes the exercise of any functions of that authority; and
ii
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body;
.
3
In article 4C (exemption for the sale or supply of medicinal products by independent hospitals, clinics and agencies), in paragraph (1)(b), insert “in Wales, Scotland and Northern Ireland,” before “an independent clinic”.
Income Support (General) Regulations 1987
5
In regulation 2(1) of the Income Support (General) Regulations 1987 (interpretation) , for the definition of “independent hospital” substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Social Fund Cold Weather Payments (General) Regulations 1988
6
In regulation 1A of the Social Fund Cold Weather (General) Regulations 1988 (prescribed description of persons) , for the definition of “independent hospital” in paragraph (3)(b) substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Child Support (Maintenance Assessments and Special Cases) Regulations 1992
7
In regulation 1 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (citation, commencement and interpretation) , for the definition of “independent hospital” in paragraph (2) substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000;
.
Jobseeker’s Allowance Regulations 1996
8
In regulation 1 of the Jobseeker’s Allowance Regulations 1996 (citation, commencement and interpretation) , for the definition of “independent hospital” in paragraph (3) substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Prescription Only Medicines (Human Use) Order 1997
9
1
The Prescription Only Medicines (Human Use) Order 1997 is amended as follows.
2
In article 1 (citation, commencement and interpretation) —
a
in the definition of “independent clinic” in paragraph (2), for “in relation to England and Wales” in paragraph (a) substitute “in relation to Wales”;
b
in the definition of “independent hospital” in paragraph (2), for paragraph (a) substitute —
za
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,
a
in relation to Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000,
;
c
in the definition of “independent medical agency” in paragraph (2), for paragraph (a), substitute —
a
in relation to England and Wales, means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with paragraph (2A),
;
d
in the definition of “registered provider” in paragraph (2) —
i
after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and
ii
for sub-paragraph (i) of paragraph (a) of the definition, substitute the following —
i
in relation —
aa
to England, the person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and
bb
to Wales, the person who is registered under Part 2 of the Care Standards Act 2000 as the person carrying on the establishment or agency,
;
e
in the definition of “relevant manager” in paragraph (2) —
i
after the words “an independent clinic” in paragraph (a) of the definition, insert the words “in Wales, Scotland or Northern Ireland”, and
ii
in sub-paragraph (i) of paragraph (a) of the definition, for the words “(i) in relation to England and Wales — ” substitute the following —
i
in relation to England, a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 as a manager in respect of regulated activities (within the meaning of that Part) carried on in that hospital or agency, and
ia
in relation to Wales —
; and
f
after paragraph (2), insert —
2A
In paragraph (2), for the purposes of the definition of “independent medical agency”, “undertaking” includes any business or profession and —
a
in relation to a public or local authority, includes the exercise of any functions of that authority; and
b
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
.
3
In article 12D (exemption for the supply and administration of prescription only medicines by independent hospitals, clinics and agencies), in paragraph (1)(b), insert “in Wales, Scotland or Northern Ireland,” before “an independent clinic”.
Social Fund Winter Fuel Payment Regulations 2000
10
In regulation 1 of the Social Fund Winter Fuel Payment Regulations 2000 (citation, commencement and interpretation) , for the definition of “independent hospital” in paragraph (2), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
11
In regulation 1 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (citation, commencement and interpretation) , for the definition of “independent hospital” in paragraph (2), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; and
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000;
.
State Pension Credit Regulations 2002
12
In regulation 1 of the State Pension Credit Regulations 2002 (citation, commencement and interpretation) , for the definition of “independent hospital” in paragraph (2), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002
13
In regulation 2 of the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
.
Residential Family Centres Regulations 2002
14
In regulation 3 of the Residential Family Centres Regulations 2002 (excepted establishments) for paragraph (a) substitute —
a
it is a hospital within the meaning of section 275 of the National Health Service Act 2006 or a care home;
.
Communications (Television Licensing) Regulations 2004
15
In paragraph 5 of Part 2 of Schedule 4 to the Communications (Television Licensing) Regulations 2004 (Accommodation for Residential Care Licences) —
a
for sub-paragraph (1)(c), substitute the following —
c
an establishment —
i
in England, that is carried on or managed by a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the establishment, and
ii
in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as a care home within the meaning of section 3 of that Act, or who would be so registered but for regulation 3(1)(a) or (d) of the Care Homes (Wales) Regulations 2002;
;
b
for sub-paragraph (2)(a), substitute the following —
a
any establishment —
i
in England, that is a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
ii
in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as an independent hospital within the meaning of section 2 of that Act; or
; and
c
in paragraph (3), for the definition of “health service hospital”, substitute the following —
“health service hospital” has the same meaning —
in England, as in section 275 of the National Health Service Act 2006; and
in Wales, as in section 206 of the National Health Service (Wales) Act 2006;
.
Blood Safety and Quality Regulations 2005
16
In regulation 1(3) of the Blood Safety and Quality Regulations 2005 (citation, commencement and interpretation) —
a
for the definition of “independent clinic”, substitute the following —
“independent clinic” —
in Wales, has the same meaning as in section 2 of the Care Standards Act 2000;
in Scotland, has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001;
in Northern Ireland, has the same meaning as in article 2 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and
in England, means an establishment of the following kind —
a walk-in centre, in which one or more medical practitioners provide services of a kind which, if provided in pursuance of the National Health Service Act 2006, would be provided as primary medical services under Part 4 of that Act; or
a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the National Health Service Act 2006 provides medical services of any kind (including psychiatric treatment), except where such medical services are provided only under arrangements made on behalf of the patients by —
their employer;
a government department or any executive agency of a government department;
a prison or other establishment in which patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983; or
an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity
and where two or more medical practitioners use different parts of the same premises as a surgery or consulting room, or use the same surgery or consulting room at different times, each of the medical practitioners shall be regarded as carrying on a separate independent clinic unless they are in practice together.
;
b
in the definition of “independent hospital”, for paragraph (a) of the definition, substitute —
za
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,
a
in Wales, has the same meaning as in section 2 of the Care Standards Act 2000,
; and
c
for the definition of “registered person”, substitute the following —
“registered person” means —
in England, the person registered as manager under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in an independent hospital, a care home or an independent clinic; and
in Wales, Scotland or Northern Ireland, the person registered as the manager of an independent hospital, a care home or an independent clinic following an application to be registered as such pursuant to —
section 12(3) of the Care Standards Act 2000,
section 7(1) of the Regulation of Care (Scotland) Act 2001, or
article 13(1) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;
.
Children Act 2004 (Children’s Services) Regulations 2005
17
1
Regulation 2 of the Children Act 2004 (Children’s Services) Regulations 2005 (children’s services) is amended as follows.
2
For regulation 2(1)(j), substitute the following —
j
in an independent hospital within the meaning of paragraph (3);
.
3
Omit sub-paragraph (k) of regulation 2(1).
4
For sub-paragraph (l) of regulation 2(1) substitute the following —
l
by an independent medical agency within the meaning of paragraph (4);
.
5
After paragraph (2) of regulation 2, insert the following —
3
For the purposes of these Regulations, “independent hospital” means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section.
4
For the purposes of these Regulations, “independent medical agency” means an undertaking (not being an independent hospital) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with paragraph (5).
5
For the purposes of the definition of “independent medical agency” in paragraph (4), “undertaking” includes any business or profession and —
a
in relation to a public or local authority, includes the exercise of any functions of that authority; and
b
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
.
National Health Service (General Dental Services Contracts) Regulations 2005
18
In Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005 (other contractual terms) , for paragraph 46 (entry and inspection by the Care Quality Commission), substitute the following —
46
Subject to paragraph 44(3), the contractor shall allow persons authorised by the Care Quality Commission to enter and inspect the premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).
.
National Health Service (Personal Dental Services Agreements) Regulations 2005
19
In Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 2005 (other contractual terms) , for paragraph 46 (entry and inspection by the Care Quality Commission), substitute the following —
46
Subject to paragraph 44(3), the contractor shall allow persons authorised by the Care Quality Commission to enter and inspect the premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).
.
Housing Benefit Regulations 2006
20
In regulation 2 of the Housing Benefit Regulations 2006 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
21
In regulation 2 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Council Tax Benefit Regulations 2006
22
In regulation 2 of the Council Tax Benefit Regulations 2006 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
23
In regulation 2 of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007
24
In article 3 of the Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007 (prescription of information: “social security information” and “war pensions information”) , in the definition of “independent hospital” in paragraph (4) of that article, for paragraph (a) of the definition, substitute —
za
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
a
in relation to Wales, has the meaning given to it by section 2 of the Care Standards Act 2000;
.
Employment and Support Allowance Regulations 2008
25
In regulation 2 of the Employment and Support Allowance Regulations 2008 (interpretation) , for the definition of “independent hospital” in paragraph (1), substitute —
“independent hospital” —
in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;
.
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
21st July 2010


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
These Regulations —
a
may be cited as the Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) Regulations 2010;
b
apply to England only; and
c
come into force on 6th April 2010.
Interpretation
2
1
In these Regulations —
“construct” includes install;
“fuel oil” means oil intended for use as a fuel for the production of heat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and stored separately from other oil;
“livestock” means —
animals kept for the production of food or wool, or
birds kept for the production of food;
“reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;
“silage” includes a crop being made into silage;
“silage effluent” means effluent from silage or a crop being made into silage;
“silo” means a structure used for making or storing silage;
“slurry” means liquid or semi-liquid matter composed of —
excreta produced by livestock while in a yard or building (including that held in wood chip corrals); or
a mixture wholly or mainly consisting of livestock excreta, livestock bedding, rainwater and washings from a building or yard used by livestock,
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;
“slurry storage tank” includes a lagoon, a pit (other than a reception pit) or tower used for the storage of slurry.
2
A reference in these Regulations to a slurry storage system includes a slurry storage tank and —
a
any reception pit and any effluent tank used in connection with the tank; and
b
any channels and pipes used in connection with the tank, any reception pit or any effluent tank.
3
A requirement in these Regulations for a silo or slurry storage tank to conform to a British Standard (in whole or in part) is satisfied if the silo or tank conforms to a standard or specification that provides an equivalent level of protection and performance and is recognised for use in a member State, Iceland, Liechtenstein, Norway or Turkey.
Making or storage of silage
3
1
Subject to paragraph (3) , a person who has custody or control of silage that is being made or stored must ensure that —
a
the silage is kept in a silo that satisfies the requirements of Schedule 1; or
b
subject to paragraph (4), the silage is compressed into bales that —
i
are wrapped and sealed into impermeable membranes, or enclosed in impermeable bags; and
ii
are stored at least 10 metres from any inland freshwaters or coastal waters that effluent escaping from the bales could enter; or
c
if the silage is a crop being made into field silage (that is, silage made on open land by a method different from the baling method referred to in paragraph (b) ) or silage that is being stored on open land —
i
the Agency is given notice of the place where the silage is to be made or stored at least 14 days before the place is first used for that purpose; and
ii
the place is at least 10 metres from any inland freshwaters or coastal waters, and at least 50 metres from the nearest relevant abstraction point of any protected water supply source that silage effluent could enter if it escaped.
2
For paragraph (1)(c)(ii) , a water supply source is a protected water supply source if —
a
any relevant water abstraction from the source is licensed under Part II of the Water Resources Act 1991; or
b
the person making or storing the silage was aware of the source’s location —
i
before the making of the silage began; or
ii
if the silage was made elsewhere, before it was stored on the land in question.
3
Paragraph (1) does not apply to silage while it is stored temporarily in a container, trailer or vehicle in connection with its transport about the farm or elsewhere.
4
A person who has custody or control of any crop which is being, or has been, made into silage in the manner described in paragraph (1)(b) must not open or remove the wrapping of a bale within 10 metres of any inland freshwaters or coastal waters which silage effluent could enter as a result.
5
In this regulation —
a
“relevant water abstraction” means the abstraction of water for use for —
i
human consumption, or
ii
domestic purposes (within the meaning given by section 218 of the Water Industry Act 1991 ) other than human consumption, or
iii
manufacturing food or drink for human consumption; and
b
“water supply source” means inland freshwaters or ground waters from which a relevant abstraction is made or licensed to be made.
Storage of slurry
4
1
Subject to paragraph (2) , a person having custody or control of slurry must store it only in a slurry storage system that satisfies the requirements of Schedule 2.
2
Paragraph (1) does not apply to slurry while it is stored temporarily in a tanker that is used for transporting slurry on roads or about a farm.
Storage of fuel oil on farms
5
1
Subject to paragraph (2), a person who has custody or control of fuel oil on a farm must ensure that it is stored —
a
in a fuel storage tank within a storage area or facility that satisfies the requirements of Schedule 3;
b
in drums within such a storage area; or
c
in an underground fuel storage tank.
2
Paragraph (1) does not apply —
a
to the temporary storage of fuel oil in a tanker used for transporting fuel oil on roads or about a farm; or
b
where the total quantity of fuel oil stored on the farm does not exceed 1,500 litres.
Exemptions
6
1
Subject to paragraph (2), these Regulations do not apply to a silo, slurry storage system or fuel storage tank —
a
which, before 1st March 1991, was being used for the purpose of making silage, storing slurry or, as the case may be, storing fuel oil;
b
where it was not used before 1st March 1991 for that purpose, it was constructed before that date for such use; or
c
in relation to which —
i
a contract for its construction, substantial enlargement or substantial reconstruction was entered into before 1st March 1991, or
ii
such work was commenced before that date, and
and in either case the work was completed before 1st September 1991.
2
These Regulations apply to a silo, slurry storage system or fuel storage tank meeting the requirements of paragraph (1) if any requirement of a notice under regulation 7 is not complied with within the period stated in the notice.
3
Any reference in paragraph (2) to the period stated in a notice is to that period as extended if it has been extended under regulation 7(5)(b) or by virtue of regulation 8(6) and any reference in those paragraphs to a requirement of a notice is to that requirement as modified if it has been modified under regulation 7(5).
Notice requiring works etc.
7
1
The Agency may serve, on a person who has custody or control of silage, slurry or fuel oil or is responsible for the silo, slurry storage system or fuel oil storage tank, in circumstances in which these Regulations apply, a notice (“regulation 7 notice”) requiring the person to carry out works, or take precautions or other steps, specified in the notice.
2
The works, precautions or other steps must be, in the opinion of the Agency, appropriate, having regard to the requirements of these Regulations, for reducing to a minimum any significant risk of pollution of controlled waters.
3
The notice must —
a
specify or describe the works, precautions or other steps that the person is required to carry out or take;
b
state the period within which any such requirement is to be complied with; and
c
inform the person of the effect of regulation 8 .
4
The period for compliance stated in the notice is —
a
28 days; or
b
such longer period as is reasonable in the circumstances.
5
The Agency may at any time (including a time after the period for compliance has ended) —
a
withdraw the notice;
b
extend the period for compliance with any requirement of the notice; or
c
with the consent of the person on whom the notice is served, modify the requirements of the notice.
6
The Agency must withdraw the notice, extend the period for compliance, or modify the requirements of the notice if so directed by the Secretary of State under regulation 8(5) .
Appeals against regulation 7 notices
8
1
A person served with a regulation 7 notice may, within the period of 28 days beginning on the day after the date on which the notice is served (or such longer period as the Secretary of State allows), appeal to the Secretary of State against the notice.
2
An appeal under this regulation must be made by the appellant serving notice on the Secretary of State.
3
The notice must contain or be accompanied by a statement of the grounds of appeal.
4
Before determining an appeal under this regulation, the Secretary of State must, if requested to do so by the appellant or the Agency, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
5
On determining an appeal under this regulation, the Secretary of State may direct the Agency to —
a
withdraw the regulation 7 notice;
b
modify any of its requirements;
c
extend the period for compliance with any requirement; or
d
dismiss the appeal.
6
The period for compliance with a regulation 7 notice against which an appeal has been made is, subject to any direction under paragraph (5) , extended so that it expires on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.
Notice of construction etc
9
A person who proposes to have custody or control of silage, slurry or fuel oil that is to be kept or stored on a farm in a silo, slurry storage system or fuel storage area constructed, substantially enlarged or substantially reconstructed on or after the date these Regulations come into force must give the Agency notice specifying the type of structure to be used and its location at least 14 days before the structure is to be used for such keeping or storage.
Offences and penalties
10
1
A person who contravenes regulation 3(1) or (4), 4(1), 5(1) or 7(1) of these Regulations is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who contravenes regulation 9 is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Revocations
11
The following statutory instruments are revoked in so far as they relate to England —
a
The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 ;
b
The Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) (Amendment) Regulations 1997 .
Huw Irranca-Davies
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Alternative Finance Investment Bonds) Regulations 2010 and shall come into force on 7th April 2010.
Alternative finance investment bonds
2
1
Paragraph 11, Schedule 17A to the Finance Act 2003 (cases where assignment of lease treated as grant of lease) must be treated as if including the following provisions —
2
After paragraph 11(2) —
2A
Sub-paragraph (2) shall not apply where an assignment of a lease, but for the application of that sub-paragraph, would be exempt by virtue of Schedule 61 to the Finance Act 2009
.
3
In paragraph 11(3) after paragraph (e) —
f
Paragraphs 6 and 8 of Part 3 of Schedule 61 to the Finance Act 2009 (alternative finance investment bond relief)
.
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 2010


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Central Africa Interim Economic Partnership Agreement) Order 2010.
2
For the purposes of this Order, references to the “Agreement” are to the Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part .
3
This Order shall come into force on the date on which the Agreement enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
4
The Agreement is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Special Restrictions on Adoptions from Abroad (Nepal) Order 2010 and comes into force on 3rd May 2010.
Declaration of special restrictions
2
Special restrictions are to apply for the time being in relation to the bringing of children into the United Kingdom from Nepal in the cases mentioned in section 9(2) of the Children and Adoption Act 2006.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
24th March 2010


text:
Citation and commencement
1
These Regulations may be cited as the Children Act 2004 Information Database (England) (Amendment) Regulations 2010 and come into force on the day after the day on which they are made.
Amendments of the Children Act 2004 Information Database (England) Regulations 2007
2
The Children Act 2004 Information Database (England) Regulations 2007 are amended as follows.
Interpretation
3
In paragraph (1) of regulation 2 —
a
after the definition of “ the Act ” insert —
“additional service” means any service which is not normally provided to all persons in a particular age group;
;
b
in the definition of “child record” for “not ordinarily resident in England” substitute “no longer in the area of a local authority”;
c
after the definition of “national partner” insert —
“parent”, in relation to a child, includes any person
who is not a parent of his, but who has parental responsibility for him, or
who has care of him;
;
d
in the definition of “sensitive service” for “specialist or targeted service” substitute “additional service”; and
e
omit the definition of “specialist or targeted service”.
Information in the database
4
1
Regulation 4 is amended as follows.
2
At the end of paragraph (1), for “ordinarily resident in England” substitute “in the area of a local authority”.
3
In paragraph (3), for “ordinarily resident in England” substitute “in the area of a local authority”.
Accessible child record
5
1
Regulation 6 is amended as follows.
2
In paragraph (5), after “Subject to paragraph (9),” insert “the Secretary of State for Children, Schools and Families or”.
3
Omit sub-paragraph (6)(b) and “and” immediately preceding it.
4
In paragraph (7)(b), for “any person with parental responsibility for that person or who has care of him at any time” substitute “in the case of a child, any parent of his and, in the case of a participating young person, any person who has care of him at any time”.
Archived information
6
1
Regulation 8 is amended as follows.
2
In sub-paragraph (2)(c), for —
a
“ordinarily resident in England” substitute “in the area of a local authority”;
b
“ordinarily resident in England” substitute “in the area of a local authority”; and
c
“resume ordinary residence in England” substitute “return to the area of a local authority”.
3
In paragraph (3), for “again becomes ordinarily resident in England” substitute “returns to the area of a local authority”.
Information to be included in the database
7
1
Schedule 1 is amended as follows.
2
In paragraph 2 —
a
in sub-paragraph (a), after “address” insert “and any previous address”;
b
in sub-paragraph (d), for the phrase “ordinarily resident in England” in each place where it occurs substitute “in the area of a local authority”.
3
For paragraph 6(a), substitute —
a
in the case of a child, of any person who is a parent of the child; or
.
4
In paragraph 9, for “specialist or targeted service” substitute “additional service”.
Persons who may permit access to the database (“national partners”)
8
In paragraph 4 of Schedule 2, for “NCH” substitute “Action for Children”.
Persons who may be given access to the database by a local authority
9
In Schedule 3, omit paragraph 15.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
7th April 2010


text:
Citation
1
This Order may be cited as the Policing and Crime Act 2009 (Commencement No. 2) Order 2010.
Commencement
2
The day appointed as the day on which sections 98, 99 and 101 of, and Part 9 of Schedule 8 (and section 112(2) so far as relating to that Part) to, the Policing and Crime Act 2009 come into force is 25th January 2010.
Steve McCabe
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
12th January 2010


text:
Citation and commencement
1
These Regulations may be cited as the Railways (Public Service Obligations) Regulations 2010 and come into force on 18th March 2010.
Amendment of section 136 of the Railways Act 1993
2
1
Section 136 of the Railways Act 1993 is amended as follows.
2
After subsection (2A) insert —
2B
Subsections (2) and (2A) cease to have effect on 3rd December 2012.
.
3
In subsection (11), for the definition of “the public service obligations regulations” substitute —
“the public service obligations regulations” means Regulation ( EC ) No. 1370/2007 save that before 3rd December 2012 it means —
a
in respect of the carriage of goods by railway, Council Regulation ( EEC ) No. 1191/69 as amended by Council Regulation (EEC) No. 1893/91 ; and
b
in respect of the carriage of passengers by railway, Regulation (EC) No. 1370/2007 ;
Signed by authority of the Secretary of State for Transport
Sadiq Khan
Minister of State
Department for Transport
18th February 2010


text:
PART 1
GENERAL PROVISIONS
Title, commencement and application
1
These Regulations may be cited as the Beef and Pig Carcase Classification (England) Regulations 2010; they apply in England and come into force on 1st June 2010.
Interpretation
2
1
In these Regulations —
“the 1994 Regulations ” means the Pig Carcase (Grading) Regulations 1994 ;
“the 2004 Regulations ” means the Beef Carcase (Classification) (England) Regulations 2004 ;
“adult bovine animal” means a bovine animal the live weight of which is more than 300 kilograms;
“approved slaughterhouse” means an establishment used for slaughtering and dressing adult bovine animals or pigs, the meat of which is intended for human consumption, and which —
is approved or conditionally approved under Article 31(2) of Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules , or
(although lacking the approval or conditional approval that it requires under Article 4(3) of Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin ) was, on 31st December 2005, operating as a licensed slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“authorised officer” means a person authorised by the Secretary of State for the purposes of these Regulations, but does not include a person appointed for the purpose of considering an appeal under regulation 11;
“bovine carcase” means a carcase or half-carcase of a slaughtered adult bovine animal bearing a health mark provided for in Article 5(2) of, and Chapter III of Section I of Annex I to, Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption ; and in this definition, “carcase” means the whole body as presented after bleeding, evisceration and skinning, and “half-carcase” means the product obtained by separating such a carcase symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis;
“classification”, except as otherwise indicated in regulation 6, means —
the classification of bovine carcases in accordance with the European beef provisions, or
the classification of pig carcases in accordance with the European pig provisions,
as the case may be, and cognate terms are to be construed accordingly;
“clean pig” means a pig which has not been used for breeding;
“ Commission Regulation ” means Commission Regulation (EC) No 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof;
“ Council Regulation ” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products;
“European beef provision” means a provision which is specified in column 2 of Schedule 1, the subject matter of which is described in column 3 of that Schedule;
“European pig provision” means a provision which is specified in column 2 of Schedule 2, the subject matter of which is described in column 3 of that Schedule;
“operator” means a person carrying on the business of an approved slaughterhouse;
“pig carcase” means the body of a slaughtered clean pig, bled and eviscerated, whole or divided down the mid-line; and
“prescribed communication” means a communication of the results of classification as required by Article 7(1) of the Commission Regulation.
2
Other terms used in these Regulations that are also used in the Commission Regulation or the Council Regulation have the meaning they bear in those Regulations.
3
In these Regulations —
a
any reference to the Commission Regulation is a reference to the Commission Regulation as amended from time to time, and
b
any reference to the Council Regulation is a reference to the Council Regulation as amended from time to time.
Notices
3
1
Any notice required or authorised under these Regulations to be given to any person must be in writing.
2
Any such notice may be given by —
a
delivering it to the person;
b
leaving it at the person’s proper address; or
c
sending it by post to the person at that address.
3
Where any such notice is to be given to a body corporate, it may be given to an officer of the body.
4
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is the person’s last known address, except that in the case of a body corporate or an officer of the body, the proper address is the address of the registered or principal office of the body.
5
In this regulation —
“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and
“officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body corporate.
Revocations
4
The following are revoked —
a
the 1994 Regulations, only in so far as they apply in relation to England;
b
the Pig Carcase (Grading) (Amendment) (England) Regulations 2003 ;
c
the 2004 Regulations;
d
the Pig Carcase (Grading) (Amendment) (England) Regulations 2004 ;
e
the Pig Carcase (Grading) (Amendment) (England) Regulations 2006 ; and
f
the following provisions of the Agriculture and Horticulture Development Board Order 2008 , only in so far as they apply in relation to England —
i
in paragraph 8 of Schedule 5, the entry relating to the 1994 Regulations, and
ii
article 18 in so far as it relates to that entry.
PART 2
NOTIFICATIONS BY OPERATORS
Notifications by operators
5
1
Every person who on 1st June 2010 is, or who on a subsequent date becomes, an operator, must within 28 days of that date give notice to the Secretary of State of the particulars specified in paragraph (3).
2
A person who has given notice under —
a
regulation 4(1) or (2) of the 1994 Regulations, or
b
regulation 4(1) of the 2004 Regulations,
is deemed to have given notice under paragraph (1).
3
The particulars referred to in paragraph (1) are —
a
the full name and address of the operator;
b
where the operator is a partnership or joint owners, the full names and addresses of all the partners or joint owners;
c
where the operator is a body corporate, the full name, registered office address and registration number of the body; and
d
the address, telephone number and approval number of the slaughterhouse.
4
Where any change occurs in any of the particulars specified in paragraph (3), the operator must within 28 days of the change give notice to the Secretary of State of particulars of the change.
5
Where an operator (“O”) ceases to be the operator of an approved slaughterhouse, O must within 10 days of such cessation give notice to the Secretary of State of —
a
the date of such cessation; and
b
the person (if any) succeeding O as operator of that slaughterhouse.
6
Where an approved slaughterhouse ceases to be such a slaughterhouse its operator must within 10 days of such cessation give notice to the Secretary of State of the date of such cessation.
PART 3
BOVINE CARCASES
Application of these Regulations to small-scale bovine operators
6
1
A small-scale bovine operator is not required to classify bovine carcases.
2
These Regulations do not apply to a small-scale bovine operator which does not classify bovine carcases.
3
But if a small-scale bovine operator chooses to classify bovine carcases, these Regulations apply in relation to that operator and the classification of those carcases.
4
In paragraphs (2) and (3), “classify” means classify in accordance with the European beef provisions or otherwise than in accordance with those provisions, and “classification” is to be construed accordingly.
5
In this regulation, “small-scale bovine operator” means an operator of an approved slaughterhouse at which not more than 75 adult bovine animals per week as an annual average are slaughtered.
6
Nothing in this regulation prevents the application of these Regulations to an operator in relation to pig carcases if pigs are also slaughtered in that operator’s slaughterhouse.
Competent authority etc. : bovine carcases
7
1
The Secretary of State is the competent authority for the purposes of —
a
Article 9 of the Commission Regulation (authorisation of automated grading techniques);
b
Article 10(2)(b) of the Commission Regulation (classification by automated grading techniques); and
c
Article 16 of the Commission Regulation (reporting of weekly prices to the competent authority and calculation of weekly prices).
2
The Secretary of State is responsible for on-the-spot checks as described in Article 11 of the Commission Regulation.
Labelling instead of marking
8
Subject to —
a
the final paragraph of Article 6(4) of the Commission Regulation,
b
Article 4(3)(c) of Commission Regulation (EC) No 1669/2006
laying down detailed rules for the application of Council Regulation (EC) No 1254/1999 as regards the buying-in of beef , and
c
point I(a) of Annex I to Commission Regulation (EC) No 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products ,
an operator may, instead of marking a bovine carcase in accordance with Article 6(3) of the Commission Regulation, label it in accordance with Article 6(4) of that Regulation.
Licence to carry out classification
9
1
The Secretary of State must grant a licence to carry out classification of bovine carcases to any person who applies for such a licence and who appears to the Secretary of State to be qualified to carry out classification, but the Secretary of State may refuse to grant such a licence if the Secretary of State is satisfied that the applicant is not a fit and proper person to carry out classification of bovine carcases.
2
In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation (incorrect classifications or identifications), the Secretary of State may suspend or revoke a licence granted to a person under this regulation —
a
if the person has contravened any of the terms or conditions of that licence; or
b
if the Secretary of State is satisfied that the person holding that licence is no longer a fit and proper person to carry out classification of bovine carcases.
3
Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Secretary of State must inform the person concerned of —
a
the right of appeal; and
b
the details of the person to whom an appeal may be made.
Licence for automated grading
10
1
The Secretary of State may grant, to the operator of an approved slaughterhouse, a licence authorising the use of automated grading equipment for classification of bovine carcases at that slaughterhouse.
2
In addition to the power to revoke a licence in the circumstances mentioned in Article 12(2) of the Commission Regulation, the Secretary of State may suspend or revoke a licence granted to an operator under this regulation —
a
if the operator has contravened any of the terms or conditions of that licence; or
b
if the Secretary of State considers that the automated grading equipment no longer meets the standards required by Article 9 of, and Annex II to, the Commission Regulation, whether for reasons connected with the equipment itself or with the operator’s manner of use of the equipment.
3
Where the Secretary of State takes any decision in relation to a licence under this regulation which gives rise to a right of appeal under regulation 11, the Secretary of State must inform the operator concerned of —
a
the right of appeal; and
b
the details of the person to whom an appeal may be made.
Appeals regarding licences
11
1
A person may appeal against —
a
a decision by the Secretary of State to refuse an application by that person for a licence under regulation 9 or 10;
b
a term or condition imposed by the Secretary of State in a licence granted to that person under regulation 9 or 10; or
c
a decision by the Secretary of State to suspend or revoke a licence granted to that person under regulation 9 or 10.
2
The appeal must be made to a person appointed for the purpose by the Secretary of State.
3
The appointed person must consider the appeal (but may not consider any new information not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State, and must report in writing, with a recommended course of action, to the Secretary of State.
4
The Secretary of State must then reach a final decision and notify the appellant of that decision and the reasons for it.
Records: bovine carcases
12
1
An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 3 relating to each bovine carcase which is classified in that slaughterhouse.
2
The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.
PART 4
PIG CARCASES
Exemption for small-scale pig operators
13
1
These Regulations do not apply to an operator of an approved slaughterhouse at which not more than 200 clean pigs per week as an annual average are slaughtered.
2
But nothing in paragraph (1) prevents the application of these Regulations in relation to bovine carcases if adult bovine animals are also slaughtered in that operator’s slaughterhouse.
Competent authority etc.: pig carcases
14
1
The Secretary of State is the competent authority for the purposes of Article 22(2) of the Commission Regulation (carcase weight).
2
The Secretary of State is responsible for on-the-spot checks as described in Article 24 of the Commission Regulation.
Records instead of marking
15
Except where a pig carcase is to be marketed uncut in another member State, an operator may, instead of marking a pig carcase in accordance with Article 21(3) of the Commission Regulation —
a
identify a pig carcase, and
b
complete a record in relation to that carcase,
as provided for by Article 21(4) of that Regulation.
Records: pig carcases
16
1
An operator of an approved slaughterhouse must keep a record of the particulars specified in Schedule 4 relating to each pig carcase which is classified in that slaughterhouse.
2
The operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.
PART 5
ENFORCEMENT AND OFFENCES
Powers of entry
17
1
An authorised officer may at any reasonable hour and on producing, if so required, a duly authenticated authorisation, enter an approved slaughterhouse and any associated premises in which carcases may be handled or records relating to those carcases may be kept, for the purpose of ascertaining whether —
a
any offence under these Regulations is being or has been committed on the premises; or
b
there is on the premises any evidence of any such offence.
2
The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.
3
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into premises for any purpose in paragraph (1) and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the operator; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the operator temporarily absent,
the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.
4
A warrant granted under this regulation continues in force for three months.
5
An officer who enters any unoccupied premises, or premises in which the operator is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.
Powers of authorised officers
18
An authorised officer entering premises under these Regulations may —
a
inspect any bovine carcase or pig carcase or part of such a carcase, or any carcase or part of a carcase which the officer reasonably suspects to be a bovine carcase or pig carcase or part of such a carcase, on those premises;
b
examine any record which an operator is required to keep under regulation 12 or 16 or under the Commission Regulation, and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record;
c
require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
d
retain any such record which the officer has reason to believe may be required as evidence in proceedings under these Regulations.
Enforcement notices
19
1
If the Secretary of State (“S”) has reason to believe that a person (“P”) has committed an offence under these Regulations, S may give P a notice (an enforcement notice) in accordance with paragraph (2).
2
An enforcement notice must —
a
state S’s grounds for believing this;
b
specify the matter that constitutes the offence;
c
specify what P must stop doing, or the measure that, in S’s opinion, P must take in order to comply with these Regulations;
d
require P to stop doing the action specified in the notice, or take the measures specified in the notice, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice;
e
inform P of the right of appeal conferred by regulation 20; and
f
inform P of the period within which such an appeal may be brought.
3
Any person who contravenes or fails to comply with an enforcement notice is guilty of an offence.
Appeals against enforcement notices
20
1
A person may appeal to a magistrates’ court against an enforcement notice if that person has reason to believe that the notice should not have been given.
2
A person may appeal within the period of one month beginning with the date on which the notice was given.
3
The procedure is by way of complaint for an order, and the Magistrates’ Court Act 1980 applies to the proceedings.
4
On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court thinks fit.
Penalty notices
21
1
If the Secretary of State has reason to believe that a person has committed an offence under these Regulations, the Secretary of State may give that person a notice (a penalty notice) in accordance with paragraphs (2) and (3).
2
A penalty notice may be of any amount up to a maximum of £5,000.
3
A penalty notice must —
a
give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence;
b
state the amount of the penalty;
c
state the period during which, by virtue of regulation 22, proceedings will not be taken for the offence;
d
state the address at which the penalty may be paid; and
e
state that payment must not be made in cash.
Restriction on proceedings for penalty offence
22
1
Where a person is given a penalty notice —
a
no proceedings may be brought against that person for the offence to which that notice relates before the end of the period of 28 days, beginning with the date on which the notice was given; and
b
that person may not be convicted of the offence if the penalty is paid in accordance with regulation 23 before the end of that period.
2
Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 24.
Payment of penalty
23
1
Payment of any penalty must be made to the Secretary of State by sending it by post or by such method as may be specified in the notice.
2
In any proceedings a certificate purporting to be signed by or on behalf of the Secretary of State stating that payment of a penalty was or was not received by the date specified in the certificate is evidence of the facts stated.
Withdrawal of penalty notice
24
1
A penalty notice may be withdrawn if the Secretary of State has reason to believe that it ought not to have been given (whether to the person named in the penalty notice or otherwise).
2
A penalty notice may be withdrawn by the Secretary of State giving notice to the person named in the penalty notice before or after payment of the penalty.
3
Where a penalty notice is withdrawn, the Secretary of State must repay any penalty paid under the penalty notice to the person named in the penalty notice within 28 days, beginning with the date on which notice of the withdrawal of the penalty notice was sent.
Offences: European beef provisions
25
1
Subject to regulation 8 (labelling instead of marking), any person who —
a
fails to comply with any requirement under a European beef provision, or
b
contravenes any prohibition contained in a European beef provision,
is guilty of an offence.
2
But a person falling within paragraph (3) does not commit an offence if that person —
a
fails to comply with any requirement under a Part 2 European beef provision; or
b
contravenes any prohibition contained in a Part 2 European beef provision.
3
A person falls within this paragraph if the person is —
a
an operator of an approved slaughterhouse which itself bones all the bovine carcases which it obtains; or
b
responsible for the classification of bovine carcases in such a slaughterhouse.
4
In this regulation, “Part 2 European beef provision” means a provision of the Commission Regulation which is specified in column 2 of Part 2 of Schedule 1.
Offences: European pig provisions
26
Subject to regulation 15 (records instead of marking), any person who —
a
fails to comply with any requirement under a European pig provision, or
b
contravenes any prohibition contained in a European pig provision,
is guilty of an offence.
Offences: notifications by operators
27
Any person who fails to comply with any requirement of regulation 5 (notifications by operators) is guilty of an offence.
Offences: licences (bovine carcases)
28
1
If classification of a bovine carcase is carried out at an approved slaughterhouse —
a
without a licence granted under regulation 9, or
b
in breach of any term or condition of such a licence,
the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence.
2
If classification of a bovine carcase is carried out at an approved slaughterhouse by means of automated grading equipment —
a
without a licence granted under regulation 10 for the use of that equipment at that slaughterhouse, or
b
in breach of any term or condition of such a licence,
the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence.
3
Any person who makes an alteration to a licence granted under regulation 9 or 10 is guilty of an offence.
Offences: records and marks
29
1
Any person who fails to comply with any requirement of regulation 12 (records: bovine carcases) or regulation 16 (records: pig carcases) is guilty of an offence.
2
Any person who —
a
applies to a bovine carcase or part of such a carcase a mark —
i
prescribed by Article 6(3) of the Commission Regulation, or
ii
closely resembling a mark prescribed by that provision,
which is likely to mislead;
b
applies to a pig carcase or part of such a carcase a mark —
i
prescribed by Article 21(3) of the Commission Regulation, or
ii
closely resembling a mark prescribed by that provision,
which is likely to mislead;
c
applies to a label relating to a bovine carcase or part of such a carcase an indication —
i
prescribed by Article 6(4) of that Regulation, or
ii
closely resembling an indication prescribed by that provision,
which is likely to mislead; or
d
applies to a pig carcase or part of such a carcase a label prescribed by the last sub-paragraph of Article 21(3) of the Commission Regulation which is likely to mislead,
is guilty of an offence.
Offences: obstruction etc.
30
Any person who —
a
without reasonable excuse, obstructs any person acting under these Regulations,
b
without reasonable cause, fails to give any person acting under these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations,
c
gives any person acting under these Regulations any information knowing it to be false or misleading, or
d
fails to produce any document or record when required to do so by any person acting under these Regulations,
is guilty of an offence.
Period for bringing prosecution
31
1
Proceedings for an offence under regulation 19(3), 25, 26, 27, 28, 29(1) or 30 may be brought within a period of 12 months from the date on which the prosecutor first knows of evidence sufficient, in the prosecutor’s opinion, to justify proceedings.
2
But no such proceedings may be brought more than 18 months from the commission of the offence.
3
For the purposes of paragraph (1) —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact;
b
a certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
32
1
If an offence under these Regulations committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer, that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body.
3
In this regulation, “officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
Defence of due diligence
33
It is a defence for a person charged with an offence under these Regulations (“P”) to prove that P took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by P or by a person under P’s control.
Offences: punishment
34
1
A person guilty of an offence under —
a
regulation 19(3) (enforcement notices),
b
regulation 25 (European beef provisions),
c
regulation 26 (European pig provisions),
d
regulation 27 (notifications by operators),
e
regulation 28 (licences (bovine carcases)),
f
regulation 29(1) (records), or
g
regulation 30 (obstruction etc.),
is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person guilty of an offence under regulation 29(2) (misleading marks etc.) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Jim Fitzpatrick
Minister of State
Department for Environment, Food and Rural Affairs
26th March 2010


text:
Citation, commencement, application and interpretation
1
This Order may be cited as the Criminal Defence Service (Funding) (Police Station Advice and Assistance) Order 2010 and comes into force on 6th April 2010.
2
This Order applies to claims by suppliers under the Unified Contract (Crime) 2008 for fees in relation to work done for an individual at a police station where the first attendance in person on that individual at the police station in relation to the investigation in question occurs on or after 6th April 2010.
3
In this Order —
a
“police station” has the same meaning as in the Unified Contract (Crime) 2008;
b
“the Unified Contract (Crime) 2008” means the contract between the Commission and a supplier for the provision of funded services which includes the contract for signature, the schedules, the standard terms 2008 and the crime specification, published by the Commission in July 2008 .
Remuneration under contract
4
For Annex 1 to the crime specification of the Unified Contract (Crime) 2008, the Commission must substitute Annex 1 in the Schedule.
Signed by authority of the Lord Chancellor
Bach
Parliamentary Under Secretary of State
Ministry of Justice
9th March 2010


text:
Citation and commencement
1
These Rules may be cited as the Tribunal Procedure (Amendment No. 3) Rules 2010 and come into force on 29th November 2010.
Amendments to the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
2
1
The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 are amended as follows.
2
For rule 1(2) (application) substitute —
2
These Rules apply to proceedings before the General Regulatory Chamber of the First-tier Tribunal.
.
3
In rule 10 (orders for costs) —
a
in paragraph (1) —
i
insert at the beginning the words “Subject to paragraph (1A)”;
ii
in sub-paragraph (c) of that paragraph, after the words “the Charity Commission”, insert “the Gambling Commission”;
iii
in sub-paragraph (c) of that paragraph, for the words “order of the Charity Commission or the Information Commissioner” substitute “order of the Commission or the Commissioner”;
b
after paragraph (1) insert —
1A
If the Tribunal allows an appeal against a decision of the Gambling Commission, the Tribunal must, unless it considers that there is a good reason not to do so, order the Commission to pay to the appellant an amount equal to any fee paid by the appellant under the First-tier Tribunal (Gambling) Fees Order 2010 that has neither been included in an order made under paragraph (1) nor refunded.
;
c
in paragraph (5), after “paragraph (1)” insert “or (1A)”.
4
In rule 22 (the notice of appeal), after paragraph (3) insert —
3A
If the appeal is brought under section 141 or 337(1) of the Gambling Act 2005 , the appellant must provide with the notice of appeal any fee payable to the Tribunal.
.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008
3
1
The Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 are amended as follows.
2
For rule 1(2) (application) substitute —
2
These Rules apply to proceedings before the Health, Education and Social Care Chamber of the First-tier Tribunal.
.
3
In rule 1(3) (interpretation) after sub-paragraph (d) of the interpretation of “respondent” insert —
da
in an application for, or for a review of, a stop order under the National Health Service (Optical Charges and Payments) Regulations 1997 —
i
the supplier, where the Secretary of State is the applicant;
ii
the Secretary of State, where the supplier is the applicant;
db
in any other application under the National Health Service Act 2006 or regulations having effect as if made under that Act by reason of section 4 of and Schedule 2 to the National Health Service (Consequential Provisions) Act 2006 —
i
the practitioner, performer or person against whom the application is made, where a Primary Care Trust is, or is deemed to be, the applicant;
ii
the Primary Care Trust that served the notice, obtained the order or confirmation of the order, where any other person is the applicant;
.
4
In rule 8(9) (striking out a party’s case) at the end, insert “and may summarily determine any or all issues against that respondent.”
5
In rule 20 (the application notice) for sub-paragraph (a) of paragraph (1) substitute —
a
if a time for providing the application notice is specified in Schedule 1 to these Rules (time limits for providing applicant notices and responses),
i
within the specified time;
ii
where the Schedule specifies a period of time which must have elapsed or an event which must have occurred before an application may be made, in accordance with that period or occurrence; or
.
6
The Schedule (time limits for providing application notices and responses), which lists in the first column the type of proceedings, in the second column the time for application notice, and in the third column the time for response, is amended by —
a
omitting the entry in the Table relating to proceedings under section 28X of the National Health Service Act 1977; and
b
substituting for the entry in the Table referring to proceedings under section 28I of the Disability Discrimination Act 1995) —
(a)
2010 c.15
Under paragraph 4 of Schedule 17 (disabled pupils: enforcement) to the Equality Act 2010 . As set out in paragraph 4 of Schedule 17 to the Equality Act 2010. 30 working days after the respondent received the application notice.
Amendment to the Asylum and Immigration Tribunal (Procedure) Rules 2005
4
1
The Asylum and Immigration Tribunal (Procedure) Rules 2005 are amended as follows.
2
For rule 3 (scope of these Rules) substitute —
3
These Rules apply to proceedings before the Immigration and Asylum Chamber of the First-tier Tribunal.
.
Amendment to the Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008
5
1
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008 are amended as follows.
2
For rule 1(2) (interpretation) substitute —
2
These Rules apply to proceedings before the Social Entitlement Chamber of the First-tier Tribunal.
.
3
In rule 8(8) (striking out a party’s case), at the end, insert “and may summarily determine any or all issues against that respondent”.
4
In Schedule 1 (time limits for providing notices of appeal to the decision maker), which lists in the first column the type of proceeding and, in the second column, the time for providing notice of appeal, for the first entry in the Table, substitute —
(a)
S.I. 1992/1813
(b)
S.I. 1999/991 . Regulation 3A was inserted by regulation 5 of the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 ( S.I. 2000/3185 ).
(c)
S.I. 2001/1002
Cases other than those listed below. The latest of —
a
one month after the date on which notice of the decision being challenged was sent to the appellant;
b
if a written statement of reasons for the decision was requested within that month, 14 days after the later of —
i
the end of that month; or
ii
the date on which the written statement of reasons was provided; or
c
if the appellant made an application for revision of the decision under —
i
regulation 17(1)(a) of the Child Support (Maintenance Assessment Procedure) Regulations 1992 ,
ii
regulation 3(1) or (3) or 3A(1) of the Social Security and Child Support (Decision and Appeals) Regulations 1999 , or
iii
regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ,
and that application was unsuccessful, one month after the date on which notice that the decision would not be revised was sent to the appellant.
.
Amendments to the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
6
1
The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 are amended as follows.
2
For rule 1(2) (application), substitute —
2
These Rules apply to proceedings before the Tax Chamber of the First-tier Tribunal.
3
In rule 1(3) (interpretation) —
a
after the definition of “Complex case”, insert ““Compliance Officer” means the Compliance Officer for IPSA ;”;
b
for the definition of HMRC , substitute —
“HMRC” means Her Majesty’s Revenue and Customs but also includes —
the Serious Organised Crime Agency when carrying out functions under section 317 of the Proceeds of Crime Act 2002 ; and
the Director of Border Revenue when carrying out functions under section 7 of the Borders, Citizenship and Immigration Act 2009 ;
;
c
after the definition of HMRC, insert —
“IPSA” means the Independent Parliamentary Standards Authority;
“MP expenses case” means an appeal under the Parliamentary Standards Act 2009 ;
d
for the definition of “respondent”, substitute —
“respondent” means —
in a case other than an MP expenses case —
HMRC, where HMRC is not an appellant;
in proceedings brought by HMRC alone, a person against whom the proceedings are brought or to whom the proceedings relate;
in a MP expenses case, the Compliance Officer; and
in any case, a person substituted or added as a respondent under rule 9 (substitution and addition of parties);
.
4
In rule 10(1) (orders for costs) —
a
omit the “or” at the end of sub-paragraph (b);
b
insert “or” at the end of sub-paragraph (c);
c
after sub-paragraph (c), insert —
d
in a MP expenses case, if —
i
the case has been allocated as a Complex case under rule 23 (allocation of cases to categories); and
ii
the appellant has not sent or delivered a written request to the Tribunal, within 28 days of receiving notice that the case had been allocated as a Complex case, that the proceedings be excluded from potential liability for costs or expenses under this sub-paragraph.
.
5
In rule 20 (starting appeal proceedings) —
a
for paragraph (1), substitute —
1
A person making or notifying an appeal to the Tribunal under any enactment must start proceedings by sending or delivering a notice of appeal to the Tribunal.
;
b
for paragraph (4) substitute —
4
If the notice of appeal is provided after the end of any period specified in an enactment referred to in paragraph (1) but the enactment provides that an appeal may be made or notified after that period with the permission of the Tribunal —
a
the notice of appeal must include a request for such permission and the reason why the notice of appeal was not provided in time; and
b
unless the Tribunal gives such permission, the Tribunal must not admit the appeal.
.
6
For rule 23(1) (allocation of cases to categories), substitute —
1
When the Tribunal receives a notice of appeal, application notice or notice of reference, the Tribunal must give a direction —
a
in an MP expenses case, allocating the case to one of the categories set out in paragraph (2)(c) or (d); and
b
in any other case, allocating the case to one of the categories set out in paragraph (2).
.
7
For rule 25(1) (respondent’s statement of case) substitute —
1
A respondent must send or deliver a statement of case to the Tribunal, the appellant and any other respondent so that it is received —
a
in a Default Paper case, within 42 days after the Tribunal sent the notice of appeal or a copy of the application notice or notice of reference;
b
in an MP expenses case, within 28 days after the Tribunal sent the notice of appeal; or
c
in a Standard or Complex case other than an MP expenses case, within 60 days after the Tribunal sent the notice of appeal or a copy of the application notice or notice of reference.
.
8
In rule 28 (transfer of complex cases to the Upper Tribunal) —
a
in paragraph (1) —
i
after “refer a case” insert “or a preliminary issue”; and
ii
after “request that the case” insert “or issue”; and
b
for paragraph (2), substitute —
2
If a case or issue has been referred by the Tribunal under paragraph (1), the President of the Tax Chamber may, with the concurrence of the President of the Tax and Chancery Chamber of the Upper Tribunal, direct that the case or issue be transferred to and determined by the Upper Tribunal.
.
Amendment to the Tribunal Procedure (War Pensions and Armed Forces Compensation Chamber) Rules 2008
7
1
The Tribunal Procedure (War Pensions and Armed Forces Compensation Chamber) Rules 2008 are amended as follows.
2
For rule 1(2) (application), substitute —
2
These Rules apply to proceedings before the War Pensions and Armed Forces Compensation Chamber of the First-tier Tribunal.
.
3
In rule 8(8) (striking out a party’s case) at the end, insert “and may summarily determine any or all issues against that respondent”.
4
For rule 22 (lapse of cases) substitute —
Lapse of cases
22
1
If the decision maker revises the decision challenged —
a
the appeal shall proceed, subject to paragraph (2), as if it had been brought in relation to the revised decision; and
b
the notice of the revised decision sent by the decision maker to the appellant must include a statement of the action that the appellant must take under paragraph (2) in order to prevent the appeal from lapsing.
2
The appeal against the revised decision shall lapse if, within 42 days of the date on which the decision maker sends notice of the revised decision to the appellant, the appellant does not provide to the decision maker —
a
representations in writing in relation to the revised decision; or
b
a statement in writing that the appellant wishes the appeal to proceed but has no additional representations to make in relation to the revised decision.
3
If the decision maker has already sent or delivered a response to the Tribunal under rule 23 (responses and replies), any document which must be provided under this rule (including notice of the revised decision) must also be provided by the decision maker to the Tribunal.
.
Amendment to the Tribunal Procedure (Upper Tribunal) Rules 2008
8
1
The Tribunal Procedure (Upper Tribunal) Rules 2008 are amended as follows.
2
After rule 47 (review of a decision in proceedings under the Forfeiture Act 1982), insert —
Power to treat an application as a different type of application”
48
The Tribunal may treat an application for a decision to be corrected, set aside or reviewed, or for permission to appeal against a decision, as an application for any other one of those things.
.
We make these Rules,
Paul Walker
Lesley Clare
Bronwyn McKenna
Michael Reed
Douglas J. May
Nicholas Warren
Mark Rowland
I allow these Rules,
Signed by the authority of the Lord Chancellor
J Djanogly
Parliamentary Under Secretary of State
Ministry of Justice
28th October 2010


text:
Title and commencement
1
These Regulations may be cited as the Rice Products from the United States of America (Restriction on First Placing on the Market) (England) (Revocation) Regulations 2010 and come into force on 16th June 2010.
Revocation
2
The Rice Products from the United States of America (Restriction on First Placing on the Market) (England) Regulations 2008 are revoked.
Signed by authority of the Secretary of State for Health.
Anne Milton
Parliamentary Under-Secretary of State,
Department of Health
13th June 2010


text:
Citation and commencement
1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) (Amendment) Order 2010 and comes into force on 25th July 2010.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010
2
Article 3 of the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010 is revoked.
Tim Loughton
Parliamentary Under Secretary of State
Department for Education
26th June 2010