text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2002 and shall come into force on 30th September 2002.
Interpretation and application
2
1
In these Regulations, unless the context otherwise requires —
“the 1998 Act ” means the Social Security Act 1998 ;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“bereavement benefit” means any benefit, other than a bereavement payment, falling within section 20(1)(ea) of the Social Security Contributions and Benefits Act 1992 ;
“the Careers Service” means —
in England and Wales, a person with whom the Secretary of State or, as the case may be, the National Assembly for Wales, have made arrangements under section 10(1) of the Employment and Training Act 1973 or a local education authority to whom a direction has been given by the Secretary of State or the National Assembly for Wales under section 10(2) of that Act;
in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 or any education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;
“the Connexions Service ” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;
“interview” means a work-focused interview with a person who has claimed a specified benefit and which is conducted for any or all of the following purposes —
assessing that person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that person to enhance his prospects of such employment;
identifying activities which that person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment or training opportunities suitable to that person’s needs; and
identifying educational opportunities connected with the existing or future employment prospects or needs of that person;
“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;
“specified benefit” means income support, incapacity benefit, invalid care allowance, severe disablement allowance and any bereavement benefit.
2
For the purposes of these Regulations —
a
a person shall be deemed to be in remunerative work where he is in remunerative work within the meaning prescribed in regulation 4 of the Housing Benefit (General) Regulations 1987 ; but
b
a person shall be deemed not to be in remunerative work where —
i
he is not in remunerative work in accordance with sub-paragraph (a) above; or
ii
he is in remunerative work in accordance with sub-paragraph (a) above and is not entitled to income support but would not be prevented from being entitled to income support solely by being in such work; and
c
a person shall be deemed to be engaged in part-time work where he is engaged in work for which payment is made but he is not engaged or deemed to be engaged in remunerative work.
3
Except in a case where regulation 16(2) applies, regulations 3 to 15 apply in respect of a person who makes a claim for a specified benefit on or after 30th September 2002 at an office of the Department for Work and Pensions which is designated by the Secretary of State as a Jobcentre Plus Office or at an office of a relevant authority (being a person within section 72(2) of the Welfare Reform and Pensions Act 1999 ) which displays the ONE logo .
4
Where a claim for benefit is made by a person (“the appointee”) on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.
5
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to a regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number;
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Requirement for person claiming a specified benefit to take part in an interview
3
1
Subject to regulations 6 to 9, a person who —
a
makes a claim for a specified benefit;
b
on the day on which he makes that claim, has attained the age of 16 but has not attained the age of 60; and
c
is not in remunerative work,
is required to take part in an interview.
2
An officer shall, except where paragraph (3) applies, conduct the interview.
3
An officer may, if he considers it appropriate in all the circumstances, arrange for a person who has not attained the age of 18 to attend an interview with the Careers Service or with the Connexions Service.
Continuing entitlement to specified benefit dependent on an interview
4
1
Subject to regulations 6 to 9, a person who has not attained the age of 60 and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and —
a
in the case of a lone parent who has attained the age of 18 and who is neither claiming incapacity benefit nor severe disablement allowance, paragraph (3) applies; or
b
in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.
2
This paragraph applies in the case of a person who has taken part in an interview under regulation 3 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7.
3
A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview —
a
after the expiry of six months from the date on which —
i
he took part in an interview under regulation 3; or
ii
a determination was made under regulation 6(1);
b
where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which —
i
he took part in that interview;
ii
he failed to take part in that interview; or
iii
the determination was made under regulation 6(1); and
c
where the lone parent took part, failed to take part or was treated, by virtue of regulation 6(2), as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which —
i
he last took part in an interview;
ii
he last failed to take part in an interview; or
iii
a determination was last made under regulation 6(1).
4
The circumstances specified in this paragraph are those where —
a
it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;
b
a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;
c
a person becomes engaged or ceases to be engaged in part-time work;
d
a person has been undergoing education or training arranged by the officer and that education or training comes to an end; and
e
a person who has not attained the age of 18 and who has previously taken part in an interview, attains the age of 18.
5
A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
6
In this regulation, “lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 .
Time when interview is to take place
5
An officer shall arrange for an interview to take place as soon as reasonably practicable after —
a
the claim is made;
b
the requirement under regulation 4(1) arises; or,
c
in a case where regulation 7(1) applies, the time when that requirement is to apply by virtue of regulation 7(2).
Waiver of requirement to take part in an interview
6
1
A requirement imposed by these Regulations to take part in an interview shall not apply where an officer determines that an interview would not —
a
be of assistance to the person concerned; or
b
be appropriate in the circumstances.
2
A person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of —
a
regulation 3 or 4; and
b
any claim for, or entitlement to, a specified benefit,
as having complied with that requirement.
Deferment of requirement to take part in an interview
7
1
An officer may determine, in the case of any particular person, that the requirement to take part in an interview shall be deferred at the time the claim is made or the requirement to take part in an interview arises or applies because an interview would not at that time —
a
be of assistance to that person; or
b
be appropriate in the circumstances.
2
Where the officer determines in accordance with paragraph (1) that the requirement to take part in an interview shall be deferred, he shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the person’s case.
3
Where a requirement to take part in an interview has been deferred in accordance with paragraph (1), then until —
a
a determination is made under regulation 6(1);
b
the person takes part in an interview; or
c
a relevant decision has been made in relation to that person in accordance with regulation 11(4),
that person shall be treated for the purposes of any claim for, or entitlement to, a specified benefit as having complied with that requirement.
Exemptions
8
1
Subject to paragraph (2), persons who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 or 7(2) arises or applies —
a
are engaged in remunerative work; or
b
are claiming, or are entitled to, a jobseeker’s allowance,
shall be exempt from the requirement to take part in an interview.
2
Paragraph (1)(b) shall not apply where —
a
a joint-claim couple (as defined for the purposes of section 1(4) of the Jobseekers Act 1995 ) have claimed a jobseeker’s allowance; and
b
a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker’s Allowance Regulations 1996 (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance) applies.
Claims for two or more specified benefits
9
A person who would otherwise be required under these Regulations to take part in interviews relating to more than one specified benefit —
a
is only required to take part in one interview; and
b
that interview counts for the purposes of all those benefits.
The interview
10
1
The officer shall inform a person who is required to take part in an interview of the place and time of the interview.
2
The officer may determine that an interview is to take place in the person’s home where it would, in his opinion, be unreasonable to expect that person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Taking part in an interview
11
1
The officer shall determine whether a person has taken part in an interview.
2
A person shall be regarded as having taken part in an interview if and only if —
a
he attends for the interview at the place and time notified to him by the officer; and
b
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment; and
vii
any caring or childcare responsibilities he has.
3
A person who has not attained the age of 18 shall also be regarded as having taken part in an interview if he attends an interview with the Careers Service or with the Connexions Service at the place and time notified to him by an officer.
4
Where an officer determines that a person has failed to take part in an interview and good cause has not been shown for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 .
Failure to take part in an interview
12
1
A person in respect of whom a relevant decision has been made in accordance with regulation 11(4) shall, subject to paragraph (12), suffer the consequences set out below.
2
Those consequences are —
a
where the interview arose in connection with a claim for a specified benefit, that the person to whom the claim relates is to be regarded as not having made a claim for a specified benefit;
b
where an interview which arose in connection with a claim for a specified benefit was deferred and benefit became payable by virtue of regulation 7(3), that the person’s entitlement to that benefit shall terminate from the first day of the next benefit week following the date on which the relevant decision was made;
c
where the claimant has an award of benefit and the requirement for the interview arose under regulation 4, the claimant’s benefit shall be reduced as from the first day of the next benefit week following the day the relevant decision was made, by a sum equal (but subject to paragraphs (3) and (4)) to 20 per cent. of the amount applicable on the date the deduction commences in respect of a single claimant for income support aged not less than 25.
3
Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below ten pence per week.
4
Where two or more specified benefits are in payment to a claimant, a deduction made in accordance with this regulation shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority —
a
income support;
b
incapacity benefit;
c
any bereavement benefit;
d
invalid care allowance;
e
severe disablement allowance.
5
Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.
6
For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5), ten pence shall be added to the amount of the reduction.
7
In a case where the whole of the reduction cannot be applied against any one specified benefit because no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities at paragraph (4) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.
8
Where the rate of any specified benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that claimant following the change.
9
Where a claimant whose benefit has been reduced in accordance with this regulation subsequently takes part in an interview, the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.
10
For the avoidance of doubt, a person who is regarded as not having made a claim for any benefit because he failed to take part in an interview shall be required to make a new claim in order to establish entitlement to any specified benefit.
11
For the purposes of determining the amount of any benefit payable, a claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.
12
The consequences set out in this regulation shall not apply in the case of a person who brings new facts to the notice of the Secretary of State within one month of the date on which the decision was notified and —
a
those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the day on which the interview was to take place; and
b
those facts show that he had good cause for his failure to take part in the interview.
13
In paragraphs (2) and (12), the “decision” means the decision that the person failed without good cause to take part in an interview.
Circumstances where regulation 12 does not apply
13
The consequences of a failure to take part in an interview set out in regulation 12 shall not apply where —
a
he is no longer required to take part in an interview as a condition for continuing to be entitled to the full amount of benefit which is payable apart from these Regulations; or
b
the person attains the age of 60.
Good cause
14
Matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include —
a
that the person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the person or any misleading information given to the person by the officer;
b
that the person was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
that the person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the person belongs prevented him attending on that day or at that time;
e
that the person was attending an interview with an employer with a view to obtaining employment;
f
that the person was actually pursuing employment opportunities as a self-employed earner;
g
that the person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a chronic condition;
h
that he was attending the funeral of a close friend or relative on the day fixed for the interview;
i
that a disability from which the person suffers made it impracticable for him to attend at the time fixed for the interview.
Appeals
15
1
This regulation applies to any relevant decision made under regulation 11(4) or any decision under section 10 of the 1998 Act superseding such a decision.
2
This regulation applies whether the decision is as originally made or as revised under section 9 of the 1998 Act.
3
In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act to an appeal tribunal.
Revocations and transitional provision
16
1
Subject to paragraph (2), the Social Security (Work-focused Interviews) Regulations 2000 (“the 2000 Regulations ”) and the Social Security (Jobcentre Plus Interviews) Regulations 2001 (“the 2001 Regulations ”) are hereby revoked to the extent specified in Schedule 1.
2
Notwithstanding paragraph (1), both the 2000 Regulations (except for regulations 4, 5 and 12(2)(a) and (b)) and the 2001 Regulations (except for regulations 3 and 11(2)(a) and (b)) shall continue to apply as if these Regulations had not come into force for the period specified in paragraph (3) in the case of a person who, on the day before the day on which these Regulations come into force, is both a relevant person and entitled to a specified benefit for the purposes of those Regulations.
3
The period specified for the purposes of paragraph (2) shall be the period beginning on the day on which these Regulations come to force and ending on the day on which the person —
a
ceases to be a relevant person for the purposes of the 2000 Regulations or, as the case may be, the 2001 Regulations;
b
is not entitled to any specified benefit for the purposes of those Regulations; or
c
attains the age of 60,
whichever shall first occur.
Amendments to regulations
17
The amendments to regulations prescribed in Schedule 2 shall have effect.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
3rd July 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees and Miscellaneous Amendments) Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations —
“the Devices Regulations ” means the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 ;
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ;
“the Homoeopathic Products Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ; and
“the Marketing Authorisations Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Amendment of the Homoeopathic Products Regulations
2
1
In regulation 6 of the Homoeopathic Products Regulations (grant of a certificate), omit paragraph (b).
2
In regulation 9 of the Homoeopathic Products Regulations (suspension and revocation), omit paragraph (3).
3
In regulation 14 of the Homoeopathic Products Regulations (fees for variations of certificates) —
a
in paragraph (1)(a), for “£95” substitute “£103”;
b
in paragraph (1)(b)(i), for “£95” substitute “£103”;
c
in paragraph (1)(b)(ii), for “£45” substitute “£51.50”;
d
in paragraph (2)(a), for “£185” substitute “£200”;
e
in paragraph (2)(b)(i), for “£185” substitute “£200”;
f
in paragraph (2)(b)(ii), for “£185” substitute “£200”;
g
in paragraph (2)(b)(iii), for “£88” substitute “£100”; and
h
in paragraph (2)(b)(iv), for “£44” substitute “£50”.
4
In regulation 15(1) of the Homoeopathic Products Regulations (fees payable by holders of certificates), for “£12” substitute “£13”.
5
In the Table in Schedule 2 to the Homoeopathic Products Regulations (fees for applications for the grant of certificates of registration) —
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks) —
i
for “£113” substitute “£122”,
ii
for “£341” substitute “£368”, and
iii
for “£562” substitute “£607”; and
b
in column (3) (fees for other applications) —
i
for “£280” substitute “£302”,
ii
for “£502” substitute “£542”, and
iii
for “£736” substitute “£795”.
Amendment of the Marketing Authorisations Regulations
3
1
The Marketing Authorisations Regulations are amended as follows.
2
In regulation 5 (consideration, and grant or refusal, of an application for, or for renewal or variation of, a United Kingdom marketing authorization), omit paragraph (2).
3
After regulation 5 (consideration, and grant or refusal, of an application for, or for renewal or variation of, a United Kingdom marketing authorization) insert the following regulation —
Classification of medicinal products
5A
1
Each marketing authorization granted by the licensing authority on or after 1st April 2002 shall be granted subject to a condition that the medicinal product to which the authorization relates is to be available —
a
only on prescription;
b
only from a pharmacy; or
c
on general sale.
2
Where prior to 1st April 2002 a medicinal product is subject to a marketing authorization and that authorization contains a statement that it is to be available on one or more of the following bases —
a
only on prescription;
b
only from a pharmacy; or
c
on general sale,
it is a condition of the marketing authorization from 1st April 2002 that the product is to be available only on that basis or, as the case may be, those bases.
.
4
In regulation 6 (revocation, suspension or variation of a United Kingdom marketing authorization or the suspension of the use or marketing of medicinal products), omit paragraph (8).
5
Regulation 8 (control of sale or supply of relevant medicinal products) is hereby revoked.
6
In paragraph 6(2) of Schedule 5 (labels), for head (a) substitute —
a
if the product would be subject to restrictions imposed under section 58 of the Act if it contained a higher proportion or level of any substance, except where the product is for external use only or contains any of the substances described in head (c) of this sub-paragraph, the words “Warning. Do not exceed the stated dose”;
.
Amendment of regulation 3 of the Devices Regulations
4
In regulation 3 of the Devices Regulations (fees) —
a
in paragraph (1)(a), for “£3,029” substitute “£3,271”;
b
in paragraph (1)(b), for “£6,726” substitute “£7,264”;
c
in paragraph (2)(a), for “£599” substitute “£647”;
d
in paragraph (2)(b), for “£1,676” substitute “£1,810”;
e
in paragraph (3)(a), for “£2,285” substitute “£3,271”;
f
in paragraph (3)(b), for “£6,406” substitute “£7,264”;
g
in paragraph (4)(a), for “£570” substitute “£647”;
h
in paragraph (4)(b), for “£1,596” substitute “£1,810”;
i
in paragraph (5)(a), for “£30,972” substitute “£33,450”; and
j
in paragraph (5)(b), for “£7,690” substitute “£8,305”.
Amendment of the General Fees Regulations
5
1
The General Fees Regulations are amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “the 2001 Directive” insert the following definition —
“Directive 75/319/ EEC ” means Council Directive 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products , as amended ;
.
3
After Part IV of the General Fees Regulations (capital fees for applications for renewals of clinical trial certificates and for certain manufacturer’s licences and for associated inspections) insert the following Part —
PART IVA
CAPITAL FEES FOR REGULATORY ASSISTANCE GIVEN BY THE UNITED KINGDOM ACTING AS REFERENCE MEMBER STATE RELATING TO THE ASSESSMENT OF APPLICATIONS FOR THE RENEWAL OF SPECIFIED MARKETING AUTHORIZATIONS
12A
1
Subject to regulation 19, where —
a
an application is made to the licensing authority for the renewal of a United Kingdom marketing authorization in relation to a medicinal product which has been subject to the procedures specified in paragraph (2); and
b
the United Kingdom is to provide regulatory assistance acting as reference Member State in relation to that application,
there shall be payable by the applicant the fee prescribed in Part IV of Schedule 1 in connection with that regulatory assistance.
2
The procedures referred to in paragraph (1) are —
a
the procedures laid down in Articles 7 and 7a of Council Directive 65/65/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products , as amended , and in Articles 17 and 18 of the 2001 Directive ;
b
the procedures laid down in Article 9(4) of Directive 75/319/EEC and in Article 28(4) of the 2001 Directive;
c
the procedures laid down in Articles 10 to 14 of Directive 75/319/EEC and in Articles 29 to 34 of the 2001 Directive;
d
referral to the Committee for Proprietary Medicinal Products in accordance with Council Directive 87/22/EEC on the approximation of national measures relating to the placing on the market of high-technology medicinal products, particularly those derived from biotechnology , if the opinion of the Committee in accordance with Article 4.1 of that Directive was given before 1st January 1995.
3
For the purposes of this regulation and Part IV of Schedule 1, the United Kingdom provides regulatory assistance acting as reference Member State in relation to an application for renewal of a United Kingdom marketing authorization where the licensing authority prepares or updates an assessment report in respect of the medicinal product in question for the purpose of making such report available to the competent authorities of another EEA state in which an application has been made for the renewal of a marketing authorization relating to that product in that state.
12B
Subject to regulation 19, all sums payable by way of fees under regulation 12A(1) shall be payable at the time when the application for renewal of the United Kingdom marketing authorization is made to the licensing authority.
.
4
In Part I of Schedule 1 (interpretation), in paragraph 1, in the definition of “complex application”, at the end of sub-paragraph (i) add “, except where a European Pharmacopoeia certificate of suitability covering the active ingredient has been submitted with the application”.
5
In Part II of Schedule 1 (capital fees for applications for authorizations, licences and certificates) —
a
in paragraph 1 —
i
in sub-paragraph (1), for “paragraphs 2, 3 and 4” substitute “paragraphs 1A, 2, 3 and 4”, and
ii
in sub-paragraph (2), for “paragraphs 3 and 4” substitute “paragraphs 1A, 3 and 4”;
b
after paragraph 1 insert the following paragraph —
1A
1
Subject to paragraph 4, where an application, other than a major application, includes a reclassification element, an amount of £6,000 shall be payable in addition to the amount payable under paragraph 1 in respect of that application.
2
For the purposes of this paragraph and paragraph 4, an application includes a reclassification element if —
a
the medicinal product in question is to be available in the United Kingdom only from a pharmacy, unless there is an analogous medicinal product available in the United Kingdom only from a pharmacy or on general sale; or
b
the medicinal product in question is to be available in the United Kingdom on general sale, unless there is an analogous medicinal product also so available.
3
For the purposes of this paragraph, an analogous medicinal product is a medicinal product which has a United Kingdom marketing authorization or a Community marketing authorization and which —
a
has the same active ingredient, route of administration and use;
b
has the same strength or a higher strength;
c
has the same dosage or daily dosage, or a higher dosage or daily dosage; and
d
is for sale or supply at the same quantity or a greater quantity,
as the medicinal product in relation to which the application is made.
; and
c
in paragraph 4 —
i
in sub-paragraph (1), for “sub-paragraphs (2) and (3)” substitute “sub-paragraphs (2) to (4)”; and
ii
after sub-paragraph (3), insert the following sub-paragraph —
4
If the application includes any applications for marketing authorizations that include a reclassification element, the amount payable shall be the amount payable in accordance with sub-paragraphs (1) to (3) plus —
a
in respect of the first marketing authorization applied for that includes a reclassification element, the additional amount payable under paragraph 1A(1); and
b
in respect of each other marketing authorization applied for that includes a reclassification element, £458.
.
6
In Part III of Schedule 1 (capital fees for applications for variations of marketing authorizations, licences and certificates) —
a
in paragraph 1 —
i
before the definition of “Type I Application” insert the following definition —
“reclassification variation application” means an application for variation of a marketing authorization which has the effect that a medicinal product to which that authorization relates —
is to be available only from a pharmacy, where previously it was available only on prescription;
is to be available on general sale, where previously it was available only on prescription or only from a pharmacy;
; and
ii
in the definition of “Type II Application”, for the words from “neither a Type I Application” to the end substitute “not a reclassification variation application, a Type I Application, a Type II Complex Variation Application or a change to which Annex II to Commission Regulation ( EC ) 541/95 applies”;
b
in paragraph 2 —
i
for “13 and 14” substitute “13 to 15”; and
ii
after sub-paragraph (c) insert the following sub-paragraph —
d
where the application is a reclassification variation application, £6,000.
;
c
after paragraph 5, insert the following paragraph —
5A
1
Where an application is a reclassification variation application to which this paragraph applies, the fee payable under regulation 7(1) in connection with the application for variation of a marketing authorization shall be £458.
2
This paragraph applies to a reclassification variation application which would have the effect that a medicinal product to which the marketing authorization relates —
a
is to be available only from a pharmacy (where previously it was available only on prescription), if an analogous medicinal product is available only from a pharmacy or on general sale; or
b
is to be available on general sale (where previously it was available only on prescription or only from a pharmacy), if an analogous medicinal product is available on general sale.
3
For the purposes of this paragraph, an analogous medicinal product is a medicinal product which has a United Kingdom marketing authorization or a Community marketing authorization and which —
a
has the same active ingredient, route of administration and use;
b
has the same strength or a higher strength;
c
has the same dosage or daily dosage, or a higher dosage or daily dosage; and
d
is for sale or supply at the same quantity or a greater quantity,
as the medicinal product in relation to which the variation application is made.
;
d
in paragraph 6 —
i
after sub-paragraph (a)(vii) insert the following sub-paragraph —
viii
if the marketing authorization was not a parallel import licence, the application for that variation would be a reclassification variation application to which paragraph 5A of this Schedule applies,
;
ii
for sub-paragraph (b) substitute the following sub-paragraphs —
b
where the application would be a reclassification variation application to which paragraph 5A of this Schedule does not apply, if the marketing authorization was not a parallel import licence, shall be £6,000; and
c
in any other case, shall be £270.
;
e
in paragraph 12, for “paragraph 14” substitute “paragraphs 14 and 15”; and
f
after paragraph 14, insert the following paragraph —
Multiple reclassification variation applications
15
Where more than one reclassification variation application is made at the same time by the same applicant, each relating to medicinal products which have the same active ingredient or combination of ingredients, the fee payable under regulation 7(1) —
a
if one or more of the applications is an application to which paragraph 5A does not apply —
i
in connection with the first application to which paragraph 5A does not apply, shall be the appropriate amount specified in this Part of the Schedule;
ii
in connection with each other application to which paragraph 5A does not apply, shall be £458; and
iii
in connection with each other application to which paragraph 5A does apply, shall be £229;
b
in any other case —
i
in connection with the first application, shall be the appropriate amount specified in this Part of the Schedule; and
ii
in connection with each other application, shall be £229.
.
7
After Part III of Schedule 1 (capital fees for applications for variations of authorizations, licences and certificates) insert the following Part —
PART IV
CAPITAL FEES FOR REGULATORY ASSISTANCE GIVEN BY THE UNITED KINGDOM ACTING AS REFERENCE MEMBER STATE RELATING TO THE ASSESSMENT OF APPLICATIONS FOR THE RENEWAL OF SPECIFIED MARKETING AUTHORIZATIONS
1
Subject to paragraph 2, the fee payable under regulation 12A(1) in connection with regulatory assistance provided by the United Kingdom acting as reference Member State where an application is made to the licensing authority for the renewal of a United Kingdom marketing authorization in relation to a medicinal product which has been subject to the procedures specified in regulation 12A(2), shall be —
a
if the application for renewal relates to a medicinal product which, at the time the United Kingdom marketing authorization was granted, contained a new active ingredient and that renewal is the first renewal in relation to which the United Kingdom is to provide regulatory assistance acting as reference Member State, a fee of £6,784,
b
in every other case, a fee of £554.
2
Where more than one application falling within regulation 12A(1) is made by the same applicant at the same time, each relating to medicinal products which have the same active ingredient or combination of ingredients, dosage form, therapeutic indications and Periodic Safety Update Reports, and the United Kingdom marketing authorizations for those products have the same date for renewal, the fee payable under regulation 12A(1) shall be —
a
if the applications fall within paragraph 1(a) —
i
in connection with the first application considered by the licensing authority, the amount specified in paragraph 1(a), and
ii
in connection with each other application, a fee of £554;
b
if the applications fall within paragraph 1(b) —
i
in connection with the first application considered by the licensing authority, the amount specified in paragraph 1(b), and
ii
in connection with each other application, a fee of £277.
.
8
In Schedule 5 (waiver, reduction or refund of capital fees), after paragraph 2A , insert the following paragraph —
2B
1
Where —
a
an application for a marketing authorization includes a reclassification element in accordance with paragraph 1A of Part II of Schedule 1; and
b
the licensing authority is satisfied that the reclassification element does not require consideration by a committee established under section 4 (establishment of committees) of the Act or by the Medicines Commission,
50% of the additional amount payable under paragraphs 1A(1) or 4(4)(a) of Part II of that Schedule shall be refunded, or if it has not yet been paid, shall be waived.
2
Where —
a
an application for variation of a marketing authorization is a reclassification variation application (not being an application falling within paragraph 5A of Part III of Schedule 1); and
b
the licensing authority is satisfied that the application does not require consideration by a committee established under section 4 (establishment of committees) of the Act or by the Medicines Commission,
50% of the fee payable under paragraphs 2(2)(d) or 15(a)(i) of Part III of Schedule 1 shall be refunded, or if it has not yet been paid, shall be waived.
3
Where —
a
an application for variation of a parallel import licence falls within paragraph 6(b) of Part III of Schedule 1; and
b
the licensing authority is satisfied that the application does not require consideration by a committee established under section 4 (establishment of committees) of the Act or by the Medicines Commission,
50% of the fee payable under that paragraph shall be refunded, or if it has not yet been paid, shall be waived.
4
For the purposes of paragraphs (1) to (3), a reclassification element or, as the case may be, a variation application does not require consideration by a committee established under section 4 (establishment of committees) of the Act or by the Medicines Commission where —
a
the licensing authority was satisfied that the application did not require consideration by such a committee or that Commission; and
b
the committee or the Commission are consulted only by virtue of, or in accordance with, paragraph 5 of Schedule 2 to the 1994 Regulations (procedural provisions relating to the grant, renewal, variation, revocation and suspension of United Kingdom marketing authorizations).
.
9
In each provision of the General Fees Regulations specified in the entries in column (1) of the Schedule to these Regulations (the content of which is described in column (2) of that Schedule), for the amount specified opposite that provision in column (3) of that Schedule substitute the amount specified opposite that provision in column (4) of that Schedule.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
6th March 2002
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th March 2002
Bairbre de Brún
Minister of Health, Social Services and Public Safety
11th March 2002
Bríd Rodgers
Minister of Agriculture and Rural Development
11th March 2002
We consent,
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2002


text:
Citation, commencement, operation, extent and revocation
1
1
This Order may be cited as the Al-Qa'ida and Taliban (United Nations Measures) (Overseas Territories) Order 2002 and shall come into force on 25th January 2002.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of the resolutions adopted by it on 15th October 1999, 19th December 2000 or 16th January 2002, in whole or in part, this Order shall cease to have effect or its operation shall be extended or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Governor in a notice in the official gazette of the Territory.
3
a
This Order shall extend to the territories listed in Schedule 1.
b
Article 19 of this Order shall apply to the UK Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
c
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
4
Articles 6, 7 and 8 shall apply to any person within the Territory and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
is a body incorporated or constituted under the law of any part of the Territory.
5
The Afghanistan (United Nations Sanctions) (Overseas Territories) Order 2001 and the Afghanistan (United Nations Sanctions) (Overseas Territories) (Amendment) Order 2001 are hereby revoked.
6
The Terrorism (United Nations Measures) (Overseas Territories) Order 2001 is amended by replacing in article 2 the words, ““funds” means financial assets and economic benefits of any kind” with the words, ““funds” means financial assets, economic benefits and economic resources of any kind”.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Territory of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“funds” means financial assets, economic benefits and economic resources of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments, deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of financing;
“Governor” means the Governor or other officer administering the Government of the Territory;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft, or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“listed person” means —
Usama bin Laden;
any person designated by the Sanctions Committee in the list maintained by that Committee in accordance with resolution 1390 adopted by the Security Council on 16th January 2002 as:
a member of the Al-Qa'ida organisation;
a member of the Taliban;
an individual group, undertaking or entity associated with the persons covered by (a), (b)(i) or (b)(ii) above;
“relevant institution” means —
the person or body responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose “deposit” has the meaning given to that term in section 5 of the Banking Act 1987 and “deposit-taking business” has the meaning given to that term in section 6 of that Act;
a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 made under the Import, Export and Customs Powers (Defence) Act 1939 ;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein;
“the Taliban” means the Afghan political faction known as the Taliban;
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
“vehicle” means land transport vehicle.
Supply of restricted goods
3
1
Any person who —
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods from the Territory to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
2
Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constituted under the law of any part of the Territory who in any place outside the Territory —
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
4
Restricted goods are prohibited to be exported from the Territory to any listed person.
Provision of certain technical assistance or training
5
1
Any person who directly or indirectly provides from the Territory to a listed person any technical assistance or training related to:
a
the supply, delivery, manufacture, maintenance or use of any restricted goods, or
b
military activities,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the technical assistance or training in question was to be provided to a listed person.
2
Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constituted under the law of any part of the Territory who in any place outside the Territory directly or indirectly provides to a listed person any technical assistance or training related to:
a
the supply, delivery, manufacture, maintenance or use of any restricted goods, or
b
military activities,
shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6
1
Without prejudice to the generality of article 3, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage of those goods to a listed person.
2
This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of the Territory.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then —
a
in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage to a listed person.
4
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
FUNDS
Making funds available to Usama bin Laden and associates
7
Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds available to or for the benefit of a listed person is guilty of an offence under this Order.
Freezing of funds
8
1
Where the Governor has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be a listed person, the Governor may by notice direct that those funds are not to be made available to that person, except under the authority of a licence granted by the Governor under article 7.
2
A direction given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph 3.
3
The Governor may by notice revoke a direction under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the Supreme Court for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 7 or 8(9)
9
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7 or 8(9) is guilty of an offence under this Order.
Failure to disclose knowledge or suspicion of measures offences
10
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a listed person; or
ii
has committed an offence under article 7, 8(9) or 12(2); and
b
it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a listed person, a person acting on behalf of a listed person, or a person who has committed an offence under article 7, 8(9) or 12(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Customs powers to demand evidence of destination which goods reach
11
Any exporter or any shipper of goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor’s satisfaction that the goods have reached a destination to which their exportation was not prohibited by this Order, and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with application for licences, conditions attaching to licences, etc
12
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
13
1
Any person who is about to leave the Territory shall, if he is required to do so by the Governor —
a
declare whether or not he has with him any restricted goods which are destined for a listed person or for delivery, directly or indirectly, to or to the order of any listed person; and
b
produce any such goods as aforesaid which he has with him.
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships
14
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph 1 of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) of this article is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Territory, to cause her to remain there, until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 17(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) of this article, or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means: —
a
any commissioned naval or military officer;
b
any British consular officer;
c
any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected aircraft
15
1
Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in the Territory any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 17(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
16
1
Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of article 6 —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 17(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 14 to 16
17
1
No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his own right;
b
to any person who would have been empowered under article 14, 15 or 16 to request that it be furnished or produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory to which this Order extends;
c
on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to the listed persons or any person acting on behalf of a listed person decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any territory to which this Order extends.
2
Any power conferred by article 14, 15 or 16 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 14(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 14, 15 or 16 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of his powers under article 14, 15 or 16.
4
Nothing in articles 14 to 17 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
18
The provisions of Schedule 3 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Territory; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any territory which this Order extends, and
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or,
ii
with respect to any of those matters, an offence under the law of the United Kindgom, any of the Channel Islands or the Isle of Man or any territory to which this Order extends.
Penalties and Proceedings
19
1
Any person guilty of an offence under article 3, 5, 6(3), 7, 8(9) or 9 shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
Any person guilty of an offence under article 17(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 3 to this Order shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a tem not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
Any person guilty of an offence under article 12(1) or (2) or article 13(3) shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
4
Any person guilty of an offence under article 17(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 3 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
5
Any person guilty of an offence under article 8(10) or 10 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
6
Any person guilty of an offence under article 11 or 13(2) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
7
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
9
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
10
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Governor
20
1
The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
21
1
Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) of this article if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
Publication of matters designated by the Sanctions Committee
22
The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Governor in the Gazette.
A.K. Galloway
Clerk of the Privy Council