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PART 1
Introduction
Title and commencement
1
These Regulations may be cited as the Veterinary Medicines Regulations 2007 and come into force on 1st October 2007.
Definition of “veterinary medicinal product”, interpretation and scope
2
1
In these Regulations “veterinary medicinal product” means —
a
any substance or combination of substances presented as having properties for treating or preventing disease in animals; or
b
any substance or combination of substances that may be used in, or administered to, animals with a view either to restoring, correcting or modifying physiological functions by exerting a pharmacological, immunological or metabolic action, or to making a medical diagnosis.
2
In addition —
“adverse reaction” means a reaction to a veterinary medicinal product that is harmful and unintended and that occurs at doses normally used in animals for the prophylaxis, diagnosis or treatment of disease or to restore, correct or modify a physiological function;
“the Agency” means the European Medicines Agency established by Regulation (EC) No. 726/2004 of the European Parliament and of the Council laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency ;
“animal” means all animals other than man and includes birds, reptiles, fish, molluscs, crustacea and bees;
“the cascade” has the meaning given in paragraph 1 of Schedule 4;
“horse passport” means a passport issued in accordance with the provisions of —
the Horse Passports (England) Regulations 2004 ;
the Horse Passports Regulations (Northern Ireland) 2004 ;
the Horse Passports (Scotland) Regulations 2005 ; or
the Horse Passports (Wales) Regulations 2005 ,
and “horse” includes all species of equidae;
“immunological veterinary medicinal product” means a veterinary medicinal product administered to animals in order to produce active or passive immunity or to diagnose the state of immunity;
“risk-benefit balance” means an evaluation of the positive therapeutic effects of the veterinary medicinal product in relation to —
any risk to human or animal health relating to the quality, safety or efficacy of the veterinary medicinal product; or
any risk of undesirable effects on the environment;
“strength” means the amount of active substances in a dosage unit or unit of volume or weight.
3
In these Regulations any reference to a member State is a reference to a member State of the European Union and Norway, Iceland and Liechtenstein.
4
For the avoidance of doubt, these Regulations apply to veterinary medicinal products irrespective of whether or not there is other legislation controlling a product.
Products to which these Regulations do not apply
3
1
These Regulations do not apply to a veterinary medicinal product based on radio-active isotopes.
2
They do not apply in relation to the administration of a product in the course of a procedure licensed under the Animals (Scientific Procedure) Act 1986 , except that, if the animals are to be put into the human food chain, the only products that may be administered to the animals are —
a
authorised veterinary medicinal products administered in accordance with their marketing authorisation, or
b
products administered in accordance with an animal test certificate granted under paragraph 9 of Schedule 4.
PART 2
Authorised veterinary medicinal products
Placing a veterinary medicinal product on the market
4
1
It is an offence to place a veterinary medicinal product on the market unless that product has been granted a marketing authorisation by the Secretary of State or the Agency.
2
Any person who certifies data in relation to an application for a marketing authorisation or in relation to an existing marketing authorisation and who knows that those data are false, or does not believe that they are accurate, is guilty of an offence.
3
Schedule 1 (marketing authorisations) has effect.
Manufacture of veterinary medicinal products
5
1
The holder of a marketing authorisation must ensure that every stage in the manufacture of the veterinary medicinal product is carried out by the manufacturer specified in the marketing authorisation (who must, if the manufacture is carried out in the United Kingdom, hold a manufacturing authorisation for that type of product granted by the Secretary of State) and failure to do so is an offence.
2
Schedule 2 (the manufacture of veterinary medicinal products) has effect.
3
“Manufacture” includes any part of the manufacture of a veterinary medicinal product until the finished product is ready for sale in its final form as specified in the marketing authorisation but does not include the manufacture of an ingredient or breaking open the package of a veterinary medicinal product .
The finished product
6
The holder of a marketing authorisation for a veterinary medicinal product is guilty of an offence if he or the manufacturer supplies a product that is not completely in accordance with the marketing authorisation.
Classification, supply and possession of the product
7
1
Schedule 3 (classification and supply, wholesale dealers and sheep dip) has effect.
2
Any person who supplies a veterinary medicinal product that has passed its expiry date is guilty of an offence.
3
Any person who opens the package (including the outer package) of a veterinary medicinal product before it has been supplied to the final user, other than as permitted under Schedule 3, is guilty of an offence.
4
Any person who supplies an authorised human medicinal product for administration to an animal (other than a product supplied by a veterinary surgeon or in accordance with a written prescription from a veterinary surgeon that includes all the information specified in paragraph 6 of Schedule 3) is guilty of an offence.
5
Any person in possession of a veterinary medicinal product that was supplied to him other than in accordance with Schedule 3 is guilty of an offence.
Administration of the product
8
It is an offence to administer a veterinary medicinal product to an animal unless —
a
the product has a marketing authorisation authorising its administration in the United Kingdom, and the administration is in accordance with that marketing authorisation; or
b
it is administered in accordance with Schedule 4 (administration of a veterinary medicinal product outside the terms of a marketing authorisation).
Importation of authorised veterinary medicinal products
9
1
It is an offence to import a veterinary medicinal product authorised for use in the United Kingdom except in accordance with this regulation.
2
A holder of a marketing authorisation may import a veterinary medicinal product for which he holds the marketing authorisation.
3
A holder of a manufacturing authorisation may import a veterinary medicinal product to which his authorisation relates.
4
An authorised wholesale dealer may import a veterinary medicinal product if —
a
his authorisation covers the product; and
b
he has notified the holder of the marketing authorisation in writing before he imports it.
5
A veterinary surgeon or a pharmacist may import any authorised veterinary medicinal product.
6
A suitably qualified person (in accordance with paragraph 14 of Schedule 3) may import any authorised veterinary medicinal product that he is permitted to supply.
7
There are no restrictions on the importation of an authorised veterinary medicinal product in category AVM-GSL.
Advertising the product
10
1
It is an offence to advertise a veterinary medicinal product if the advertisement is misleading or contains any medicinal claim that is not in the summary of product characteristics.
2
It is an offence to advertise an authorised human medicinal product for administration to animals (including sending a price list of or including authorised human medicinal products to a veterinary surgeon or veterinary practice).
3
Paragraph (2) does not apply to the holder of a wholesale dealer’s authorisation who supplies a list of authorised human medicinal products, together with prices, to a veterinary surgeon for use under the cascade provided that —
a
the list is sent following a request from the veterinary surgeon to whom it is sent;
b
the list states clearly that the product does not have a marketing authorisation as a veterinary medicinal product, and may only be administered under the cascade; and
c
it only includes authorised human medicinal products that may be administered legally under the cascade.
Advertising of prescription products and products containing psychotropic drugs or narcotics
11
1
It is an offence to advertise a veterinary medicinal product that —
a
is available on veterinary prescription only; or
b
contains psychotropic drugs or narcotics.
2
In the case of a product containing psychotropic drugs or narcotics, this does not apply to advertisements aimed at veterinary surgeons or pharmacists.
3
In the case of POM-V medicines, this does not apply to price lists, or to advertisements aimed at veterinary surgeons, veterinary nurses, pharmacists or professional keepers of animals.
4
In the case of POM-VPS medicines, this does not apply to price lists, or to advertisements aimed at —
a
veterinary surgeons;
b
pharmacists;
c
suitably qualified persons registered in accordance with paragraph 14 of Schedule 3;
d
other veterinary health care professionals;
e
professional keepers of animals; or
f
owners or keepers of horses.
Defence of publication in the course of business
12
In proceedings for an offence under these Regulations relating to advertising, it is a defence for the person charged to prove —
a
that he is a person whose business it is to publish or arrange for the publication of advertisements, and
b
that he received the advertisement in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to an offence under these Regulations.
Wholesale dealing
13
It is an offence to buy a veterinary medicinal product, other than by retail or for the purposes of retail supply in accordance with Schedule 3, unless the buyer has a wholesale dealer’s authorisation granted by the Secretary of State under this regulation and Schedule 3.
Feedingstuffs
14
Schedule 5 (medicated feedingstuffs and specified feed additives) has effect.
Exemptions
15
1
These Regulations do not apply to an inactivated autogenous vaccine that is manufactured, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal and used for the treatment of that animal.
2
Schedule 1 and Part 1 of Schedule 2 do not apply in relation to an inactivated autogenous vaccine that is —
a
manufactured by a person and in premises authorised in accordance with Part 2 of Schedule 2, on the instructions of a veterinary surgeon, from pathogens or antigens obtained from an animal; and
b
used for the treatment of —
i
other animals on the same site;
ii
animals intended to be sent to those premises; or
iii
animals on a site that receives animals from those premises.
3
Schedule 1 and Part 1 of Schedule 2 do not apply to blood from a blood bank authorised in accordance with Part 3 of Schedule 2, nor to a product manufactured for administration under the cascade by a person and in premises authorised under Part 4 of Schedule 2.
4
Schedule 6 (exemptions for small pet animals) has effect.
Fees
16
Schedule 7 (fees) has effect.
PART 3
Records
Food-producing animals: proof of purchase of veterinary medicinal products
17
1
The keeper of a food-producing animal must keep proof of purchase of all veterinary medicinal products (or, if he did not buy them, documentary evidence of how he acquired them) acquired for the animal.
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of administration by a veterinary surgeon
18
1
If a veterinary surgeon administers a veterinary medicinal product to a food-producing animal he must either enter the following information himself in the keeper’s records or give it to the keeper in writing (in which case the keeper must enter the following into his records) —
a
the name of the veterinary surgeon;
b
the name of the product and the batch number;
c
the date of administration of the product;
d
the amount of product administered;
e
the identification of the animals treated; and
f
the withdrawal period.
2
It is an offence to fail to comply with this regulation.
Food-producing animals: records of acquisition and administration
19
1
When a veterinary medicinal product is bought or otherwise acquired for a food-producing animal the keeper must, at the time, record —
a
the name of the product and the batch number;
b
the date of acquisition;
c
the quantity acquired; and
d
the name and address of the supplier.
2
At the time of administration (unless the administration is by a veterinary surgeon in which case the record must be in accordance with regulation 18) he must record —
a
the name of the product;
b
the date of administration;
c
the quantity administered;
d
the withdrawal period; and
e
the identification of the animals treated.
3
If he disposes of any or all of the veterinary medicinal product other than by treating an animal, he must record —
a
the date of disposal;
b
the quantity of product involved; and
c
how and where he disposed of it.
4
It is an offence to fail to comply with this regulation.
Food-producing animals: retention of records
20
1
The keeper of a food-producing animal must keep the documentation on the acquisition of a veterinary medicinal product and the records relating to the product for at least five years following the administration or other disposal of the product, irrespective of whether or not the animal concerned is no longer in his possession or has been slaughtered or has died during that period.
2
It is an offence to fail to comply with this regulation.
Records by a holder of a manufacturing authorisation
21
1
A holder of a manufacturing authorisation must, as soon as is reasonably practicable, make a record of each batch of veterinary medicinal product manufactured, assembled or supplied by him, which must include —
a
the name of the product;
b
the quantity manufactured, assembled or supplied;
c
the date of manufacture, assembly or supply;
d
the batch number and expiry date; and
e
in the case of supply, the name and address of the recipient.
2
He must keep with the record all certification provided by the qualified person (manufacture) in relation to that batch.
3
He must keep all records and certificates for at least five years from the date the veterinary medicinal product is placed on the market.
4
It is an offence to fail to comply with this regulation.
Records by a holder of a wholesale dealer’s authorisation
22
1
A holder of a wholesale dealer’s authorisation must record the following as soon as is reasonably practicable after each incoming or outgoing transaction (including disposal) relating to a veterinary medicinal product —
a
the date and nature of the transaction;
b
the name of the veterinary medicinal product;
c
the manufacturer’s batch number;
d
the expiry date;
e
the quantity; and
f
the name and address of the supplier or recipient.
2
He must keep the records for at least three years.
3
It is an offence to fail to comply with this regulation.
Records of the receipt or supply of prescription products
23
1
When any person permitted under these Regulations to supply a veterinary medicinal product classified as POM-V or POM-VPS receives or supplies any such veterinary medicinal product he must keep all documents relating to the transaction that show —
a
the date;
b
the name of the veterinary medicinal product;
c
the batch number (except that, in the case of a product for a non-food-producing animal, this need only be recorded either on the date he receives the batch or the date he starts to use it);
d
the quantity;
e
the name and address of the supplier or recipient; and
f
if there is a written prescription, the name and address of the person who wrote the prescription and a copy of the prescription.
2
If the documents do not include this information he must make a record of the missing information as soon as is reasonably practicable following the transaction.
3
As an alternative to paragraphs (1) and (2) he may make a record of all the information required there provided that he does so as soon as is reasonably practicable following the transaction.
4
He must keep the documentation and records for at least five years.
5
It is an offence to fail to comply with this regulation.
Records of products administered to a food-producing animal under the cascade
24
1
A veterinary surgeon administering a veterinary medicinal product to food-producing animals under the cascade, or permitting another person to administer it under his responsibility, must, as soon as is reasonably practicable, record —
a
the date he examined the animals;
b
the name and address of the owner;
c
the identification and number of animals treated;
d
the result of the veterinary surgeon’s clinical assessment;
e
the trade name of the product if there is one;
f
the manufacturer’s batch number shown on the product if there is one;
g
the name and quantity of the active substances;
h
the doses administered or supplied;
i
the duration of treatment; and
j
the withdrawal period.
2
He must keep the record for at least five years.
3
It is an offence to fail to comply with this regulation.
PART 4
Unauthorised veterinary medicinal products
Importation of an unauthorised veterinary medicinal product
25
1
It is an offence to import an unauthorised veterinary medicinal product except in accordance with this regulation.
2
A holder of a marketing authorisation may import an unauthorised veterinary medicinal product if it is for the purpose of the manufacture of a veterinary medicinal product for which he holds the marketing authorisation.
3
A holder of a manufacturing authorisation may import an unauthorised veterinary medicinal product if it is for the manufacture of a veterinary medicinal product that he is permitted to manufacture.
4
A holder of a wholesale dealer’s authorisation may import an unauthorised veterinary medicinal product for the purposes of re-export.
5
A veterinary surgeon may import an unauthorised veterinary medicinal product that is authorised in another member State if it is for the purpose of administration by him or under his responsibility under the cascade or administration in exceptional circumstances in accordance with Schedule 4; the import must be in accordance with the appropriate certificate granted by the Secretary of State, and the product may be imported by the veterinary surgeon himself or by using a wholesale dealer or pharmacist as his agent.
6
A wholesale dealer or a pharmacist may import an unauthorised veterinary medicinal product for the purpose of storing it pending administration by a veterinary surgeon under the cascade or administration in exceptional circumstances in accordance with Schedule 4 if —
a
the veterinary medicinal product is authorised in another member State or a third country;
b
the Secretary of State has issued a certificate certifying that —
i
the disease or condition is such that the veterinary medicinal product is likely to be needed as a matter of urgency for the treatment of an animal;
ii
delay in administering the product will seriously affect the health or welfare of the animal; and
iii
there is no suitable veterinary medicinal product authorised in the United Kingdom; and
c
in the case of a wholesale dealer, the product is within the terms of his authorisation.
7
The holder of an animal test certificate granted under paragraph 9 of Schedule 4 may import anything specified in the animal test certificate in accordance with the conditions in that certificate.
8
The Secretary of State may authorise in writing the importation of any product or substance for use under a licence granted under the Animals (Scientific Procedures) Act 1986.
Possession of an unauthorised veterinary medicinal product
26
1
It is an offence to be in possession of an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product imported in accordance with a certificate granted by the Secretary of State under these Regulations;
b
a product prescribed by a veterinary surgeon under the cascade;
c
a holder of a wholesale dealer’s authorisation if the possession is for re-export; or
d
a holder of a manufacturer’s authorisation or marketing authorisation if the intention is to manufacture a veterinary medicinal product.
3
A veterinary surgeon who practises in both the United Kingdom and another member State may hold veterinary medicinal products authorised in the other member State provided that the amount that he holds does not exceed the amount expected to be used in that member State.
4
It is a defence for a person charged under paragraph (1) to prove that he was in possession of the veterinary medicinal product for the purposes of research or development of a veterinary medicinal product.
5
A veterinary surgeon may have in his possession an authorised human medicinal product intended for administration to animals under the cascade, but he commits an offence if the amount in his possession exceeds the amount expected to be used under the cascade.
Supply of an unauthorised veterinary medicinal product
27
1
It is an offence to supply an unauthorised veterinary medicinal product.
2
This regulation does not apply to —
a
a veterinary medicinal product prescribed by a veterinary surgeon under the cascade; or
b
a product supplied in accordance with a certificate granted by the Secretary of State under these Regulations.
3
It is a defence for a person charged under paragraph (1) to prove that he supplied the veterinary medicinal product for the purposes of research or development of a veterinary medicinal product.
PART 5
Miscellaneous provisions, enforcement and offences
The Veterinary Products Committee
28
1
There shall continue to be a Veterinary Products Committee.
2
The Secretary of State may appoint members of the Committee from professional people who are eminent in their field, and any lay members as he sees fit.
3
The function of the Committee is to provide scientific advice on any aspect of veterinary medicinal products asked for by the Secretary of State and to carry out any functions specified in these Regulations.
4
The Secretary of State may pay members of the Committee such amounts as he may decide.
5
The Secretary of State may consult the Committee at any time.
Veterinary Products Committee appeals procedure
29
1
The following procedure applies when there is an appeal to the Veterinary Products Committee.
2
The appeal may be written or oral, or both, at the choice of the appellant.
3
The appellant may not present to the Committee any new data that were not available to the Secretary of State at the time of the original decision.
4
The Committee must consider the appeal and any representations made by the Secretary of State, and report its findings in writing to the Secretary of State together with its recommendations.
5
The Secretary of State must send a copy of the report to the appellant on request.
6
The Secretary of State must consider the report and then form a provisional decision.
7
He must then notify the provisional decision to the appellant, together with the reasons for it.
8
The appellant may then appeal against the Secretary of State’s provisional decision to a person appointed for the purpose by the Secretary of State.
9
The appointed person must consider the appeal (but may not consider any new data that were not available to the Secretary of State at the time of the original decision) and any representations made by the Secretary of State and report in writing, with a recommended course of action, to the Secretary of State.
10
The Secretary of State must then reach a final decision and notify the appellant, together with the reasons for it.
Exports
30
1
It is an offence to export a veterinary medicinal product for use in another member State unless the veterinary medicinal product may be lawfully supplied or administered in that member State.
2
If a veterinary medicinal product has been manufactured in accordance with a marketing authorisation, or if a product without a marketing authorisation has been manufactured under a manufacturing authorisation, and the product is intended for export outside the European Union, the Secretary of State must, at the request of the exporter or the competent authorities of the country of export, provide a certificate to that effect.
3
When he issues the certificate the Secretary of State must take account of the model certificates issued by the World Health Organization .
4
If the veterinary medicinal product is authorised in the United Kingdom the Secretary of State must ensure that the exporter or the competent authorities of the third country has access to the summary of product characteristics.
Time limits
31
1
In any provision in these Regulations requiring the Secretary of State to issue an authorisation within a set time, the clock does not start until the Secretary of State has checked that the application dossier is in accordance with these Regulations and has validated the application.
2
The clock is stopped during any period that the Secretary of State requires an applicant to provide further data until all the further data required have been provided.
3
The clock is also stopped during any period that the applicant is given to provide oral or written explanations.
4
The Secretary of State may stop the clock pending payment of outstanding fees.
Appointment of inspectors
32
The Secretary of State shall appoint inspectors for the purposes of the enforcement of these Regulations.
Powers of entry
33
1
An inspector may, on producing a duly authenticated document showing his authority if required, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with; and in this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.
2
He may take with him —
a
such other persons as he considers necessary; and
b
any representative of the European Commission acting for the purpose of the enforcement of a Community obligation.
3
Admission to any premises used only as a private dwellinghouse may not be demanded as of right unless 24 hours notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this regulation.
4
If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes of the enforcement of these Regulations, and either —
a
admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;
b
asking for admission, or the giving of such a notice, would defeat the object of the entry;
c
the case is one of urgency; or
d
the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him authorise the inspector to enter the premises, if need be by reasonable force.
5
A warrant under this section is valid for one month.
6
If an inspector enters any unoccupied premises he must leave them as effectively secured against unauthorised entry as he found them.
7
He may enter the premises of manufacturers of active substances used as starting materials for veterinary medicinal products, and the premises of the marketing authorisation holder.
8
He may carry out an inspection at the request of another member State, the European Commission or the Agency.
9
In this regulation, a reference to a justice of the peace —
a
in Scotland includes a reference to the sheriff and to a magistrate; and
b
in Northern Ireland, is a reference to a lay magistrate.
Powers of an inspector
34
1
An inspector entering premises under the previous regulation may —
a
inspect the premises, and any plant, machinery or equipment;
b
search the premises;
c
take samples;
d
seize any computers and associated equipment for the purpose of copying documents provided they are returned as soon as practicable;
e
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, or any additive to which Schedule 5 applies, if it is not authorised in the United Kingdom;
f
seize any premixture or feedingstuff that contains a veterinary medicinal product or additive to which Schedule 5 applies that is not authorised in the United Kingdom;
g
seize any veterinary medicinal product, anything purporting to be a veterinary medicinal product, any additive to which Schedule 5 applies, any premixture or any feedingstuff if —
i
it has not been lawfully supplied in accordance with these Regulations;
ii
it has been stored in a way that affects its safety, quality or efficacy;
iii
it is sold or offered for sale by a person not permitted to supply it under these Regulations;
h
carry out any inquiries, examinations and tests;
i
have access to, and inspect and copy any documents or records (in whatever form they are held) relating to these Regulations, and remove them to enable them to be copied; and
j
have access to, inspect and check the operation of any computer and any associated apparatus or material that is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away.
2
An officer of any local authority who has entered premises exercising any statutory power of entry for the purposes of enforcing any legislation relating to food hygiene, feed hygiene or animal health, may inspect any records made under these Regulations (in whatever form they are held) relating to food-producing animals, and may remove them to enable them to be copied.
Inspection of pharmacies
35
In relation to a pharmacy, all the powers of an inspector to enforce these Regulations may also be exercised by an officer of the Royal Pharmaceutical Society of Great Britain appointed for the purpose.
Obstruction
36
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information that that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information that he knows to be false or misleading; or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations,
is guilty of an offence.
Improvement notices
37
1
If an inspector has reasonable grounds for believing that any person is failing to comply with these Regulations he may serve a notice on that person (in these Regulations referred to as an “improvement notice”) that —
a
states the inspector’s grounds for believing this;
b
specifies the matters that constitute the failure to comply;
c
specifies the measures that, in the inspector’s opinion, the person must take in order to secure compliance; and
d
requires the person to take those measures, or measures at least equivalent to them, within the period (being not less than 14 days) specified in the notice.
2
It is an offence to fail to comply with an improvement notice.
Appeals against improvement notices
38
1
Any person who is aggrieved by an improvement notice may appeal to a magistrates' court or, in Scotland, to the sheriff.
2
The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint, and the Magistrates' Courts Act 1980 applies to the proceedings.
3
An appeal to the sheriff under paragraph (1) is by summary application.
4
The period within which an appeal may be brought is 28 days or the period specified in the improvement notice, whichever ends the earlier.
5
An improvement notice must state —
a
the right of appeal to a magistrates' court or to the sheriff; and
b
the period within which such an appeal may be brought.
6
A court may suspend an improvement notice pending an appeal.
Powers of a court on appeal
39
On an appeal against an improvement notice, the court may either cancel the notice or confirm it, with or without modification.
Seizure notices
40
1
An inspector must follow the procedures set out in this regulation if he seizes anything under regulation 34.
2
He must serve on the person appearing to him to be in charge of the seized product a notice (referred to in these Regulations as a “seizure notice”) —
a
giving the grounds for seizing the product; and
b
informing him of his rights under this regulation to make a claim, and the address for the service of the claim.
3
If an inspector is not able to remove products seized under this regulation immediately, he may mark the products in any way that he sees fit, and serve a notice on the person in charge of the products identifying them, and prohibiting the removal of the products from the premises until they are collected by an inspector, and any person other than an inspector who removes products identified under this paragraph from the premises is guilty of an offence.
4
The person on whom the seizure notice was served or the owner of the seized product may, within 28 days of seizure, notify any claim that the product was not liable to seizure to the Secretary of State at the address specified in the seizure notice, setting out the grounds in full.
5
If a notification of a claim is not received within 28 days, the Secretary of State may destroy the product.
6
If a notification of a claim is received within 28 days, then, unless the product seized is being held for the purposes of pending or contemplated criminal proceedings, or for a criminal investigation, the Secretary of State must either return the product or take proceedings for an order for the confirmation of the seizure notice and the destruction of the veterinary medicinal product in a magistrates' court (or, in Scotland, the sheriff court), and if the court confirms the notice it must order its destruction.
7
The procedure in a magistrates' court under this regulation is by way of complaint, and the Magistrates' Courts Act 1980 applies to the proceedings.
8
The procedure before the sheriff is by summary application.
9
The person on whom the seizure notice was served is liable for the costs of transport, storage for up to 28 days and destruction of the product seized unless a claim is made to a court and the court directs otherwise.
Publication
41
The Secretary of State must publicise all improvement notices and seizure notices issued under these Regulations and the suspension or revocation of anything issued under these Regulations, and may do so in such manner as he sees fit.
Penalties
42
1
A person guilty of an offence under these Regulations is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
a qualified person appointed as such for the purposes of these Regulations;
b
any director, manager, secretary or other similar person of the body corporate; or
c
any person who was purporting to act in any such capacity,
he is guilty of the offence as well as the body corporate.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
4
Where an offence that has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence.
Northern Ireland
43
1
This regulation has effect in relation to the enforcement of these Regulations in Northern Ireland.
2
The Department of Agriculture and Rural Development or the Department of Health, Social Services and Public Safety (or both Departments acting jointly) instead of the Secretary of State exercise the powers of the Secretary of State in —
a
regulation 32 (appointment of inspectors);
b
regulation 40 (seizure notices);
c
regulation 41 (publication); and
d
sub-paragraph (4) of paragraph 14 of Schedule 3 (approval of premises for suitably qualified persons).
3
The Department of Agriculture and Rural Development is the competent authority for —
a
Regulation (EC) No. 178/2002 (of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety );
b
Regulation (EC) No. 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition );
c
Regulation (EC) No. 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules ); and
d
Regulation (EC) No. 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene ).
4
In relation to pharmacies, an officer of the Pharmaceutical Society of Northern Ireland appointed by the Society for the purpose has all the powers of an inspector to enforce these Regulations.
5
In proceedings in a magistrates' court relating to an improvement notice under regulation 38 or a seizure notice under regulation 40 the Magistrates' Courts (Northern Ireland) Order 1981 applies.
Revocation
44
The Veterinary Medicines Regulations 2006 (other than paragraphs (2) to (4) of regulation 44 and Schedules 8 and 9) are revoked.
Jeff Rooker
Minister of State
Department for Environment, Food and Rural Affairs
24th July 2007
Dave Watts
Steve McCabe
Two of the Lords Commissioners of Her Majesty’s Treasury
30th August 2007


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as The Borough Council of Sandwell (Watery Lane Canal Bridge) Scheme 2003 Confirmation Instrument 2007 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 of the Highways Act 1980.
2
The Borough Council of Sandwell (Watery Lane Canal Bridge) Scheme 2003 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Borough Council of Sandwell at Sandwell Council House, Freeth Street, Oldbury, West Midlands B69 3DE.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director
Government Office for the North East
3rd January 2007


text:
This Order may be cited as the Royal Pharmaceutical Society of Great Britain (Registration Rules) Order of Council 2007 and shall come into force on 30th March 2007.
Christine Cook
Deputy Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) (Amendment) Regulations 2007 and shall come into force on 1st July 2007.
2
In these Regulations “the principal Regulations ” means the Pensions Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) Regulations 2006 .
Amendment of the principal Regulations
2
The principal Regulations are amended as follows.
3
In regulation 2(3) (requirements of an overseas pension scheme) in primary condition 2 —
a
at the end of paragraph (a) omit “or”, and
b
after paragraph (a) insert —
ab
the scheme is liable to taxation on its income and gains and is of a kind specified in the Schedule to these Regulations; or
.
4
At the end of the principal Regulations add the Schedule set out as the Schedule to these Regulations.
Mike Hanson
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
4th June 2007


text:
1
This Order may be cited as the A14 Trunk Road (Haughley New Street to Stowmarket Improvement and Detrunking) Order 2007 and shall come into force on 5th April 2007.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactment or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
iii
“the new trunk roads” means the main new road and the slip roads;
iv
“the plan” means the plan numbered HA10/MP/087 marked “The A14 Trunk Road (Haughley New Street to Stowmarket Improvement and Detrunking) Order 2007” signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
v
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule; and
vi
“the trunk road” means the A14 Trunk Road.
3
From the date which this Order comes into force the main new road and the slip roads shall become trunk roads.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclose or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
6
The length of the trunk road described in Schedule 3 to this Order, which is shown by broad black dashes on the plan, shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Suffolk County Council that the main new road is open for traffic.
Signed by authority of the Secretary of State for Transport
John Sherwood
A Divisional Director Highways Agency
3rd April 2007


text:
Citation
1
This Order may be cited as the Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) (Amendment) Order 2007.
Amendment of the Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007
2
In article 3 of the Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) Order 2007 (commencement of provisions on 31st December 2007) for “31st December 2007” substitute “1st March 2008”.
Liam Byrne
Minister of State
Home Office
18 December 2007


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Section 55A) (Specified Goods and Excepted Supplies) Order 2007 and comes into force on 1st June 2007.
Interpretation
2
In this Order —
“public electronic communications service” has the same meaning as in section 151 of the Communications Act 2003 ;
“specified goods” means goods of a description specified in article 3;
“ the Act ” means the Value Added Tax Act 1994.
Specified Goods
3
For the purposes of section 55A of the Act (customers to account for tax on supplies of goods of a kind used in missing trader intra-community fraud) the goods of a description specified below are goods to which that section applies —
a
mobile telephones, whether or not they have any function in addition to the transmitting and receiving of spoken messages;
b
integrated circuit devices, such as central processing units and microprocessor units, in a state prior to integration into end user products.
Excepted supplies
4
For the purposes of section 55A of the Act, a supply of a description specified below is an excepted supply —
a
a supply of specified goods where the value of the supply is less than £5000;
b
a supply of specified goods where the supply is of a description specified in an order made under section 50A of the Act (margin schemes) and, in accordance with such an order, the supplier opts to account for the VAT chargeable on the supply on the profit margin on the supply instead of by reference to its value;
c
a supply of a mobile telephone where, at the time a person enters into the agreement to purchase the telephone —
i
he enters into an agreement (including the renewal or extension of an existing agreement) with a provider of a public electronic communications service for the supply, in relation to that telephone, of such a service, and
ii
that agreement is not one that requires periodical pre-payments in order to use the service (“Pay as You Go”);
d
a transfer or disposal of specified goods for no consideration that is treated as a supply of goods by virtue of paragraph 5(1) of Schedule 4 to the Act.
5
Article 4(a) does not apply to a supply of specified goods where —
a
the supply is particularised on the same VAT invoice as a supply, or supplies, of other specified goods, and
b
the total value of the supplies equals or exceeds £5000.
Dave Watts
Alan Campbell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2007


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Gambling Act 2005 (Exempt Gaming in Clubs) Regulations 2007 and shall come into force on 1st September 2007.
2
In these Regulations —
“ the Act ” means the Gambling Act 2005;
“poker” includes any version of that game, whatever name it is called; and
“relevant club” means —
a members’ club ,
a commercial club ,
a club that would be a members’ club but for section 266(1)(a) of the Act,
a club that would be a commercial club but for section 267(1)(b) of the Act, or
a miners’ welfare institute .
3
For the purposes of these Regulations, a reference to a day is a reference to a period of 24 hours beginning at midday.
Requirements in relation to poker stakes
2
1
This regulation applies to the provision of facilities for games of poker under section 269 of the Act (exempt gaming) and prescribes, for the purposes of subsection (2)(a) of that section, requirements in relation to amounts that may be staked.
2
Subject to paragraphs (3) and (4), the amount that may be staked by a person on any game of poker must not exceed £10.
3
Subject to paragraph (4), the aggregate of the amounts that may be staked on games of poker in any one day must not exceed £250.
4
The aggregate of the amounts that may be staked on games of poker in any period of seven days must not exceed £1,000.
Requirements in relation to poker prize
3
For the purposes of section 269(2)(b) of the Act, the maximum amount or value of a prize that may be won in any game of poker is £250.
Participation fees where no club gaming permit is held
4
1
This regulation prescribes the maximum participation fee that may be charged for the purposes of section 269(4) of the Act, where a relevant club does not hold a club gaming permit .
2
The maximum participation fee that a relevant club may charge a person in respect of entitlement to participate in a particular kind of game on any one day is —
a
£18 in respect of bridge or whist, if the game is played on a day on which no facilities for any kinds of gaming (other than bridge or whist) are provided by the relevant club on that day; and
b
in any other circumstances —
i
subject to paragraph (ii), £1; or
ii
in the case of a commercial club that holds a club machine permit , £3.
Participation fees where a club gaming permit is held
5
Where a members’ club or miners’ welfare institute holds a club gaming permit, the maximum participation fee that it may charge a person in respect of entitlement to participate in a particular kind of game in any one day is —
a
£20 (exclusive of value added tax) in respect of bridge or whist, if the game is played on a day on which no facilities for any kinds of gaming (other than bridge or whist) are provided by the relevant club on that day; and
b
£3 (exclusive of value added tax) for equal chance gaming in any other circumstances.
Gerry Sutcliffe
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
7th July 2007


text:
1
This Order may be cited as the Value Added Tax (Health and Welfare) Order 2007 and comes into force on 1st May 2007.
2
Group 7 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: health and welfare) is amended as follows.
3
In item 1, after “The supply of services” insert “consisting in the provision of medical care”.
4
In item 2 —
a
for “The supply of any services or dental prostheses by” substitute “The supply of any services consisting in the provision of medical care, or the supply of dental prostheses, by”, and
b
omit paragraph (c) (together with the “or” before it).
5
After item 2 insert —
2A
The supply of any services or dental prostheses by a dental technician.
.
6
In item 3, after “The supply of any services” insert “consisting in the provision of medical care”.
Alan Campbell
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 2007


text:
Citation and commencement
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2007 and come into force on 6 th April 2007.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
2
In Section 1.1 (combustion activities) of Part 1 of Schedule 1 (activities, installations and mobile plant) to the Pollution Prevention and Control (England and Wales) Regulations 2000 under the heading “Interpretation of Part A(1)”, after paragraph 4 add —
5
In paragraph (b)(iii), “fuel” does not include gas produced by biological degradation of waste in a landfill that does not require a permit under these Regulations.
.
Dafydd Ellis-Thomas
Presiding Officer
National Assembly for Wales
6th March 2007
Ben Bradshaw
Minister of State
Department for Environment, Food and Rural Affairs
6th March 2007


text:
Citation and interpretation
1
1
This Order may be cited as the Education and Inspections Act 2006 (Commencement No. 5 and Saving Provisions) Order 2007.
2
In this Order —
“ the Act ” means the Education and Inspections Act 2006, and
“ EA 1996 ” means the Education Act 1996 .
Provisions coming into force on 25th June 2007
2
Section 55(8) and (9) of the Act comes into force in relation to England only on 25th June 2007.
Provisions coming into force on 1st September 2007
3
The following provisions of the Act come into force in relation to England only on 1st September 2007 —
a
section 38 to the extent it is not already in force,
b
section 55 to the extent it is not already in force,
c
sections 97 to 99,
d
section 102,
e
section 108,
f
section 167,
g
section 184 to the extent that it relates to the provisions set out in paragraph (h),
h
in Schedule 18 (Part 6), the repeal of —
i
in section 176(3) of the Education Act 2002, the definition of “pupil”,
ii
section 21(4) of the Anti-social Behaviour Act 2003, and
iii
paragraph 42 of Schedule 2 to the Childcare Act 2006.
4
The following provisions of the Act come into force on 1st September 2007 —
a
section 5 in relation to —
i
primary schools which are not special schools, only in relation to the local education authorities listed in Part 1 of the Schedule, and
ii
special schools , only in relation to the local education authorities listed in Part 2 of the Schedule,
b
section 77 (1) to the extent it is not already in force,
c
section 77(2) to the extent that it relates to the provisions set out in paragraph (k),
d
section 82,
e
section 84 to the extent it is not already in force, except in relation to travel functions under section 508F,
f
section 85 to the extent that it relates to the provisions set out in paragraph (l),
g
sections 100 and 101,
h
sections 103 to 107,
i
sections 109(8) and 110,
j
section 184 to the extent that it relates to the provisions set out in paragraph (m),
k
Schedule 8 to the extent it inserts paragraph 1 (but only in relation to paragraphs 2 to 7 or 9 and 10), paragraphs 2 to 10, 14 and 15 of Schedule 35B,
l
Schedule 10, to the extent that it is not already in force, except for the words —
i
“section 508F(1)” in paragraphs 1(a) and 2(3), and
ii
“section 508F(3)” in paragraph 3.
m
in Part 6 of Schedule 18, the repeal, in section 509(1B) of EA 1996, of the words “the Learning and Skills Council for England or”, and in paragraphs (b) the words “13 or”.
Saving provisions
5
1
Despite the commencement of paragraph 4 of Schedule 10 and the repeal of the words mentioned in article 4(m), section 509 of EA 1996 continues to apply in respect of persons in England who are neither children nor persons of sixth form age.
2
Despite the commencement of the repeal of section 21(4) of the Anti-social Behaviour Act 2003 in section 99(2)(c) of and Part 6 of Schedule 18 to the Act, section 21(4) continues to apply in relation to parenting orders made, or applied for, before 1st September 2007.
Jim Knight
Minister of State
Department for Education and Skills
21st June 2007


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Worcestershire) (District of Wyre Forest) Order 2007 and shall come into force on 8th October 2007.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Wyre Forest.
Designation of permitted parking area and special parking area
4
The Secretary of State designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Jim Fitzpatrick
Parliamentary Under Secretary of State
Department for Transport
11th September 2007


text:
Citation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 3) (Amendment) Order 2007.
2
This Order applies in relation to England and Wales.
Amendment of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 3) Order 2004
2
In article 3(4) of the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 3) Order 2004 , for the words “in respect of England.” there shall be substituted the words “in respect of England, save that section 50(1) is not commenced by this Order in respect of a review or the award of a performance rating in relation to the NHS Direct Special Health Authority .”.
Signed by authority of the Secretary of State
Andy Burnham
Minister of State
Department of Health
29th March 2007


text:
Citation and commencement
1
These Rules may be cited as the Prison (Amendment) Rules 2007 and shall come into force on 1st November 2007.
Amendment of the Prison Rules 1999
2
The Prison Rules 1999 are amended as follows.
3
In rule 79 —
a
in paragraph (1) for “board of visitors” substitute “independent monitoring board”;
b
for paragraph (3) substitute —
3
A member of the board shall have access to the records of the prison, except that members of the board shall not have access to any records held for the purposes of or relating to conduct authorised in accordance with Part 2 of the Regulation of Investigatory Powers Act 2000 .
4
For rule 82(1)(b)(i) substitute —
i
in rule 81 the reference to a governor shall include a reference to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act; and
.
Signed by the authority of the Secretary of State
David Hanson
Minister of State
Ministry of Justice
10th October 2007


text:
Citation and commencement
1
These Regulations may be cited as the Armed Forces (Redress of Individual Grievances) Regulations 2007 and shall come into force on 1st January 2008.
Interpretation
2
In these Regulations —
“independent member” has the same meaning as in section 336 of the Act ;
“relevant officer” has the same meaning as in section 338 of the Act;
“service complaint” has the same meaning as in section 334 of the Act;
“service complaint panel” has the same meaning as in section 335 of the Act;
“the Act” means the Armed Forces Act 2006;
“the Discretionary Awards Panel” means the body which, under authority delegated by the Secretary of State for Defence in relation to Royal Navy cases and under authority delegated by the Defence Council in relation to Army and Royal Air Force cases, exercises certain powers relating to the award of discretionary pension benefits;
“the Discretionary Awards Appeals Panel” means the body which decides appeals against decisions of the Discretionary Awards Panel;
Excluded complaints
3
A person may not make a service complaint about a matter within Schedule 1.
4
A person may not make a service complaint about a decision of the Defence Council under section 334(7) or (8) of the Act, whether or not the Defence Council delegated that decision to a service complaint panel.
Composition of service complaint panels
5
If a service complaint is made by an officer of or above the rank of rear admiral, major-general or air vice-marshal and any function of the Defence Council in relation to the service complaint is delegated to a service complaint panel, at least one officer appointed to the panel shall be of at least the same rank as, or of equal rank to, the complainant.
6
If —
1
in the opinion of the Defence Council, its decision under section 334(7) or (8) of the Act in relation to a service complaint may involve consideration of a decision by, or other conduct of, an officer of or above the rank of rear admiral, major-general or air vice-marshal, and
2
any function of the Defence Council in relation to the service complaint is delegated to a service complaint panel,
at least one officer appointed to the panel shall be of at least the same rank as, or of equal rank to, the officer whose decision or other conduct may fall to be considered.
7
The following persons shall not be appointed to a service complaint panel:
1
a member of the Defence Council, the Admiralty Board, the Army Board or the Air Force Board; and
2
an officer of the Naval Chaplaincy Service, the Royal Army Chaplains Department or the Royal Air Force Chaplains Branch.
8
A service complaint panel considering a service complaint shall not include a person who —
1
acted in relation to the complaint as an officer of a prescribed description under section 334(4)(a) of the Act;
2
acted in relation to the complaint as a superior officer of a prescribed description under section 334(4)(b) of the Act;
3
has otherwise been involved in the investigation or consideration of the complaint;
4
is, or was when the complaint was made, the commanding officer of the complainant; or
5
is the subject of the complaint or is, in the statement of complaint made in accordance with regulations made under section 334(3) of the Act, alleged to be implicated in any way in the matter complained of.
9
1
A service complaint panel shall include one independent member in any case in which the service complaint:
a
alleges discrimination;
b
alleges harassment;
c
alleges bullying;
d
alleges dishonest, improper or biased behaviour;
e
alleges a failure of the Ministry of Defence to provide medical, dental or nursing care and that the Ministry of Defence was responsible for providing that care;
f
alleges negligence in the provision by the Ministry of Defence of medical, dental or nursing care; or
g
concerns the exercise by a service policeman of his statutory powers as a service policeman.
2
A service complaint panel shall include one independent member in the case of a service complaint about a decision of an officer referred to in regulation 8(1) or (2) that a service complaint, made in response to action under section 338(3)(c) of the Act by the relevant officer, shall not be allowed to proceed.
3
In this regulation, “discrimination” means discrimination or victimisation on the grounds of colour, race, ethnic or national origin, nationality, sex, gender re-assignment, status as a married person or civil partner, religion, belief or sexual orientation, and less favourable treatment of part-time employees.
10
If a service complaint panel includes an independent member, the panel shall be composed of three members.
Application
11
1
Nothing in regulation 3 and Schedule 1, or in paragraph (3) and Schedule 2, shall have effect in relation to a matter of complaint that occurred before 1st January 2008, or which began before, and continues to occur after, that date.
2
Nothing in regulations 4 to 10 shall have effect in relation to a complaint that was made before 1st January 2008.
3
Schedule 2 shall have effect.
Derek Twigg
Parliamentary Under Secretary of State
Ministry of Defence
27th November 2007


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medical Act 1983 Amendments (Further Transitional Provisions) Order of Council 2007 and shall come into force on 19th October 2007.
2
In this Order —
“ the Act ” means the Medical Act 1983 ;
“the Amending Order ” means the Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006; and
“the Fraud or Error Rules ” means the Rules scheduled to the General Medical Council (Fraud or Error in Relation to Registration) Rules Order of Council 2005 , as in force on 18th October 2007.
3
Words and expressions used both in article 3 or 4 and in the Act bear the meanings they bear in the Act.
Transitional provision pending the introduction of new requirements for the register of medical practitioners
2
Pending the coming into force of article 8(b)(i) of the Amending Order (which relates to amendments to section 30 of the Act), section 30(3) of the Act (which contains general provisions relating to the register) shall apply as if for “Each Register” there were substituted “The Register”.
Transitional provisions relating to fraud or error cases
3
1
Subject to paragraph (2), any allegation that an entry in the register has been fraudulently procured or incorrectly made that is being dealt with under section 39 of the Act (which relates to fraud or error in relation to registration) on 18th October 2007 shall thereafter be dealt with under section 39 of the Act as substituted on 19th October 2007 by the Amending Order.
2
If, in a case where it appears to the Registrar that a person’s entry in the register may have been —
a
incorrectly made but not fraudulently procured, and the Registrar has, prior to 19th October 2007, written to the person in accordance with rule 4(1) of the Fraud or Error Rules; or
b
fraudulently procured, and the Registrar has, prior to 19th October 2007, referred the matter to the President in accordance with rule 5(1) of the Fraud or Error Rules,
that case shall be dealt with under sections 39 and 40 of the Act , as in force on 18th October 2007, and the Fraud or Error Rules.
Transitional provisions relating to section 44A cases
4
1
Subject to paragraph (2)(b), where a matter is being dealt with under section 44A(2) of the Act (effect of disqualification or conviction on registration) on 18th October 2007, that matter shall thereafter be dealt with under section 44B(1) of the Act (provision of information in respect of fitness to practise matters).
2
If, before 19th October 2007, the Registrar has decided —
a
not to register a person by virtue of section 44A(1) of the Act; or
b
to remove a person’s name from the register pursuant to section 44A(2) of the Act,
that Act as in force on 18th October 2007 shall apply for the purposes of any appeal against that decision.
3
If, before 19th October 2007, a Fitness to Practise Panel is seized of a matter that may give rise to a direction under section 44A(4), section 44A(4) shall continue to apply as regards that matter notwithstanding its repeal by virtue of the Amending Order.
Transitional provision relating to Schedule 3A
5
Pending the coming into force of article 69 of the Amending Order (new section 44C of the Act), in Schedule 3A to the Act (registration appeals), in paragraph 1 (interpretation), paragraph (b) of the definition of “person making the decision” shall apply as if, for “44, 44B or 44C” there were substituted “44 or 44B”.
Judith Simpson
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Asylum (Procedures) Regulations 2007 and shall come into force on 1st December 2007.
Interpretation
2
In these Regulations –
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002 ;
“asylum claim” and “human rights claim” have the meanings given to them in section 113 of the 2002 Act .
Designation of States or parts of States for the purposes of section 94 of the 2002 Act
3
After subsection (5C) of section 94 of the 2002 Act insert –
5D
In deciding whether the statements in subsection (5) (a) and (b) are true of a State or part of a State, the Secretary of State –
a
shall have regard to all the circumstances of the State or part (including its laws and how they are applied), and
b
shall have regard to information from any appropriate source (including other member States and international organisations).
European Common List of Safe Countries of Origin
4
After section 94 of the 2002 Act, insert –
European Common List of Safe Countries of Origin
94A
1
The Secretary of State shall by order prescribe a list of States to be known as the “European Common List of Safe Countries of Origin”.
2
Subsections (3) and (4) apply where a person makes an asylum claim or a human rights claim (or both) and that person is –
a
a national of a State which is listed in the European Common List of Safe Countries of Origin, or
b
a Stateless person who was formerly habitually resident in such a State.
3
The Secretary of State shall consider the claim or claims mentioned in subsection (2) to be unfounded unless satisfied that there are serious grounds for considering that the State in question is not safe in the particular circumstances of the person mentioned in that subsection.
4
The Secretary of State shall also certify the claim or claims mentioned in subsection (2) under section 94(2) unless satisfied that the claim or claims is or are not clearly unfounded.
5
An order under subsection (1) –
a
may be made only if the Secretary of State thinks it necessary for the purpose of complying with the United Kingdom’s obligations under Community law,
b
may include transitional, consequential or incidental provision,
c
shall be made by statutory instrument, and
d
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Interpreters
5
1
Paragraph (2) applies where a person who has made an asylum or a human rights claim (or both) –
a
appeals under section 82, 83 or 83A of the 2002 Act or section 2 of the 1997 Act , and
b
by virtue of Rules made under section 106 of the 2002 Act or sections 5 and 8 of the 1997 Act is entitled to the services of an interpreter for the purposes of bringing his appeal.
2
The Secretary of State shall defray the costs of providing the interpreter.
3
Paragraph (5) applies where a person who has made an asylum claim or a human rights claim (or both) is party to –
a
an appeal under section 103B, 103C or 103E of the 2002 Act , or
b
an appeal under section 7 of the 1997 Act .
4
Paragraph (5) also applies where a person who has made an asylum or a human rights claim (or both) makes –
a
an application to the supervisory jurisdiction of the Court of Session made by petition for judicial review,
b
an application under section 31 of the Supreme Court Act 1981 , or
c
an application under section 18 of the Judicature (Northern Ireland) Act 1978 .
5
The person mentioned in paragraphs (3) and (4) shall be entitled to the services of an interpreter for the purposes of the appeal or application —
a
when giving evidence, and
b
in such other circumstances as the court hearing the appeal or application considers it necessary.
6
Where a person is entitled to the services of an interpreter under paragraph (5), the Secretary of State shall defray the costs of providing such interpreter.
Amendment to the Immigration (Notices) Regulations 2003
6
After regulation 5(2) of the Immigration (Notices) Regulations 2003 insert –
5(2A) A notice given under regulation 4(2A) is to include or be accompanied by a statement of the reasons for the decision that the person is no longer a refugee.
Meg Hillier
Parliamentary Under-Secretary of State
Home Office
8th November 2007


text:
PART 1 PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007 and shall come into force on 30th May 2007.
2
The Mersey Docks and Harbour Acts and Orders 1857 to 2004 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2007.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Mersey Docks and Harbour Act 1971 ;
“ the Company ” means the Mersey Docks and Harbour Company;
“deposited plans” and “deposited sections” mean respectively the plans and sections (numbered sheets 1, 2 and 3) prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Mersey Docks and Harbour Company (Seaforth River Terminal) Harbour Revision Order 2007” of which copies are deposited at the offices of the Secretary of State for Transport and the head office of the Company;
“existing enactments” means the Mersey Docks and Harbour Acts and Orders 1857 to 2004;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“tidal works” means so much of any works authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the undertaking of the Company as from time to time existing;
“works” means the works authorised by articles 3 and 5.
2
All points, directions, lengths, areas and other measurements (other than the limits of deviation) shall be construed as if the words “or thereabouts” were inserted after each such point, direction, length, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
PART 2 WORKS PROVISIONS
Power to construct and maintain certain works
3
1
Subject to the provisions of this Order, the Company may in the lines and situations and upon the lands delineated on the deposited plans and within the limits of deviation shown thereon and according to the levels shown on the deposited sections, construct and maintain the following works in the Metropolitan Borough of Sefton, with all necessary works and conveniences connected therewith —
Work No. 1
A quay wall 854 metres in length, including berths for vessels, extending into the River Mersey (Outer Estuary) commencing on the river wall at the south west corner of Royal Seaforth Dock at a point at SJ331857395867, thence extending in a straight line to a point at SJ332437395313, thence extending in a straight line to and terminating at a point at SJ332460395319 on the river wall at the Gladstone River Entrance.
Work No. 2
A sewer, being an extension of the existing Bootle Northern Outfall Sewer, commencing at the existing outfall on the north river wall at Gladstone Dock at a point at SJ332304395717 thence extending in a straight line for a distance of 220 metres and terminating at an outfall to be constructed in the quay wall forming Work No. 1 at a point at SJ332152395558.
2
The Company may, for the purposes of the works authorised by paragraph (1), demolish and remove any structures lying within the limits of deviation and enclose and reclaim so much of the bed of the River Mersey (Outer Estuary) and of the foreshore as lies within the limits of deviation and may hold and use the same as part of the undertaking.
3
Subject to the provisions of this Order, the Company may, within the limits of deviation, reconstruct, extend, enlarge, replace or relay the works and may maintain the same as reconstructed, extended, enlarged, replaced or relaid.
Power to deviate
4
In the construction of the works the Company may deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation relating to that work shown on those plans and may deviate vertically from the levels of the works shown on the deposited sections to any extent not exceeding three metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
5
1
The Company may from time to time within the limits of deviation provide and operate such dock facilities, together with works ancillary to those facilities, as may be necessary or convenient for the construction of the works or the operation of the undertaking, and for this purpose the Company may provide, construct and maintain roads, buildings, sheds, offices, workshops, depots, walls, foundations, fences, gates, tanks, pumps, conduits, pipes, drains, wires, mains, cables, electrical substations, signals, conveyors, cranes, container handling equipment, lifts, hoists, lighting columns, weighbridges, stairs, ladders, stages, platforms, catwalks, equipment, machinery and appliances and such other works and conveniences as may be necessary or expedient.
2
Without prejudice to paragraph (1), the Company may within the limits of deviation carry out and maintain such other works as may be necessary or convenient for the purposes of, or in connection with or in consequence of, the construction, maintenance or use of the work including —
a
works for the accommodation or convenience of vessels (including dolphins and pontoons); and
b
works to alter or extend the position of apparatus, including mains, sewers, drains, pipes, conduits, cables, electrical substations and electrical lines.
Period for completion of works
6
1
Subject to paragraph (2), if the works are not completed within ten years from the coming into force of this Order, or such extended time as the Secretary of State may on the application of the Company allow, then on the expiration of that period or such extended time (as the case may be) the powers granted to the Company by this Order for making and maintaining the works shall cease except as to so much of the works as is then substantially commenced.
2
Nothing in paragraph (1) shall apply to any works carried out under paragraph (3) of article 3 or article 5.
Power to dredge
7
1
The Company may, for the purposes of constructing and maintaining the works and of affording access to the works by vessels, from time to time deepen, dredge, scour, cleanse, alter and improve so much of the bed, shores and channels of the river as adjoin or are near to the works and may use, appropriate or dispose of the materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1995 ), from time to time dredged by it.
2
No such materials shall be laid down or deposited —
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Obstruction of works
8
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who interferes with, moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Works to be within area of Sefton Metropolitan Borough Council
9
1
On the accretion date, the area of the whole or of so much of the works authorised by article 3 and article 5 as shall have been completed or substantially commenced shall, to the extent that they are outside the area of the Sefton Metropolitan Borough Council, be annexed to and incorporated with the area of the council.
2
In this article “accretion date” means whichever of the following dates first occurs, namely, the date when the works so authorised have been completed or the date when the powers conferred by article 6 shall cease to have effect.
Tidal works not to be executed without approval of Secretary of State
10
1
Unless construction has commenced within one year of the coming into force of this Order, a tidal work shall not be constructed, reconstructed, extended, enlarged, replaced or relaid except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is constructed, reconstructed, extended, enlarged, replaced or relaid in contravention of paragraph (1) —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company, it has failed to take reasonable steps to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to do so, he may remove the tidal work, or part of it, and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Lights on tidal works during construction
11
1
The Company shall at or near a tidal work during the whole time of the construction, reconstruction, extension, enlargement, replacement or relaying thereof, exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with any requirement of a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Provision against danger to navigation
12
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to notify Trinity House as required by this article or to comply with any requirement of a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
13
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
14
If the Secretary of State deems it expedient to do so, the Secretary of State may order a survey and examination of a tidal work or of the site upon which it is proposed to construct such a work, and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Permanent lights on tidal works
15
1
After the completion of a tidal work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps, if any, for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Extinguishment of public rights to parade etc. and creation of new public footpath
16
1
All rights to use the land shown marked in brown on sheet number 3 of the deposited plans as a parade or walk for the recreation of the public shall be extinguished and the Company may use that land as it sees fit for the purposes of the undertaking.
2
The land shown marked green on sheet number 3 of the deposited plans shall be deemed to have been dedicated as a footpath by the Company.
3
The enactments mentioned in the first and second columns of the Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
PART 3 MISCELLANEOUS AND GENERAL
Defence to proceedings in respect of statutory nuisance
17
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (statutory nuisances and inspections) no order shall be made, and no fine shall be imposed, under section 82(2) of that Act if the defendant shows that the nuisance relates to premises used by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the works; and
a
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974 ; or
b
that the nuisance is a consequence of the construction, maintenance or use of the works and that it cannot reasonably be avoided.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded);
shall not apply where the consent relates to the use of premises by the Company for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to the construction or maintenance of the work.
Defence of due diligence
18
1
In proceedings for an offence under article 11, 12 or 15 it is a defence for the Company to prove that it took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence.
2
If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to the act or default of another person, the Company shall not, without leave of the court, be entitled to rely on that defence unless, within a period of seven clear days before the hearing, it has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that other person as was then in its possession.
Saving for Trinity House
19
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of Trinity House.
Crown rights
20
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to Her Majesty in right of Her Majesty’s Duchy of Lancaster without the consent in writing of the Chancellor of the Duchy of Lancaster; or
c
belonging to a Government Department, or held in trust for Her Majesty for the purposes of a Government Department, without the consent in writing of that Government Department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Disapplication of regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994
21
1
Regulation 60 of the Conservation (Natural Habitats &c) Regulations 1994 (“the Habitats Regulations”) shall not apply to any planning permission which relates to the works and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
2
Paragraph (1) does not apply if and to the extent that the works —
a
do not form part of the plan and project which was subject to an appropriate assessment in accordance with regulation 48 of the Habitats Regulations in connection with the making of this Order; and
b
are not subject to a further consent, permission or authorisation by a competent authority as defined in the Habitats Regulations.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
9th May 2007