text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2002; they extend to England and come into force at 8.00 p.m. on 4th January 2002.
2
These Regulations shall apply until midnight on 28th February 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC as last amended by Commission Decision December 2001/938/EC (amending for the fifth time Decision 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom );
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
3
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Importation of live animals
4
1
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
2
Paragraph (1) shall not apply in relation to animals brought into one of the areas in Schedule 2 under the following conditions —
a
the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
b
the Secretary of State must be notified by those competent authorities, at least three working days before arrival in England, of the details of the consignment, the journey and the port of arrival;
c
before the animals are imported the importer must have obtained a movement licence under the Foot-And-Mouth Disease Order 1983 permitting movement from the port of import to the place of destination;
d
the animals must enter through a port specified in Schedule 1;
e
when animals are brought in by road, each vehicle must contain only a single consignment;
f
the consignment must be taken directly to a single holding in an area specified in Schedule 2;
g
after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer of the local authority or the Secretary of State to cleansing and disinfection premises approved by the Secretary of State;
h
after cleansing and disinfection the Secretary of State shall issue a certificate in the form set out in Schedule 3;
i
the driver of the vehicle shall keep the certificate with him until the vehicle leaves Great Britain and shall produce it to an inspector on demand.
Dispatch of live animals
5
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
Without prejudice to the provisions of Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade in bovine animals and swine ),Council Decision 98/256/EC (concerning emergency measures to protect against bovine spongiform encephalopathy ) and the restriction on movement imposed under the foot-and-mouth disease Order, the prohibition in paragraph (1) shall not apply in relation to the dispatch of live porcine animals under the following conditions —
a
the animals belong to a species specified in the appropriate column in Schedule 2;
b
the animals must have been reared within the areas specified in the appropriate column in Schedule 2;
c
the dispatch has been authorised in writing by the Secretary of State;
d
there has been no outbreak of foot-and-mouth disease in the administrative area or areas in which the animal has been reared during the 90 days prior to dispatch;
e
during the 30 days prior to dispatch the animals must be subject to the supervision of the relevant veterinary authority on a single holding situated within the areas listed in the appropriate column of Schedule 2 in the centre of a circle around the holding of at least 10 kilometres radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
f
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding during the past 30 days prior to loading, except in the case of animals coming from a supplying holding which meets the requirements laid down in sub-paragraph (e), in which case the period shall be 7 days;
g
during transport the animals must not come into contact with animals not from the same holding of dispatch, unless all the animals are consigned for direct slaughter and pure-bred breeding pigs, in which case they may be collected during the journey from not more than three holdings which meet the requirements of sub-paragraph (e);
h
animals for breeding or production must not be consigned to more than three holdings of destination, which must all be in the same member State (except in the case of pure-bred breeding pigs which have been collected during the journey from more than one holding, which may be consigned to a single holding of destination only);
i
the animals must be transported in means of transport that have been cleansed and disinfected before loading or collecting for dispatch;
j
the health certificates provided for in Council Directive 64/432/EEC accompanying the animals shall bear the following words —
Animals conforming to Commission Decision 2001/740/EC of 19 October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Movement of animals between holdings which are in the same occupancy and which have been granted a sole occupancy licence under article 31 of the Foot-And-Mouth Disease Order 1983 shall be disregarded for the purposes of establishing when animals were last moved on to a holding.
Dispatch of fresh meat, minced meat and meat preparations
6
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from approved cutting plants under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in Schedule 2;
ii
cleansing and disinfection must be carried out after processing any meat not meeting the requirement in paragraph (3)(b)(i);
iii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat ) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex I of Chapter VII of Council Directive 92/45/EC (on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat );
iv
the cutting plant must be operated under strict veterinary control; and
v
the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in Schedule 2;
ii
cleansing and disinfection must be carried out after processing any meat not meeting the requirement in paragraph (3)(c)(i);
iii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC ;
iv
the plant must be operated under strict veterinary control; and
v
the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;
d
fresh meat, minced meat or meat preparations obtained from bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from animals reared within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal is sourced during the 90 days prior to dispatch;
iii
during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the areas listed in Schedule 2 in the centre of a circle around the holding of at least 10 kilometres radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
iv
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(iii) above during the past 30 days prior to loading, or in the case of farmed game prior to on-farm slaughtering, except in the case of porcine or bovine animals coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;
v
the animals, or in the case of farmed game slaughtered on the farm, the carcases, must be transported under licence in writing granted by an officer of the local authority where the holding is situated, directly from the holding to an approved establishment situated in a county in England listed in Schedule 2;
vi
the licence must be indorsed by a person authorized in writing by the Secretary of State to confirm that they have checked farm movement records, inspected the vehicle for cleansing and disinfection and observed the loading of the consignment;
vii
the means of transport must be cleansed and disinfected before the animals (or, in the case of farmed game, the first carcases) of a consignment are loaded or collected;
viii
the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that animals the meat of which is intended for dispatch under this paragraph will be sent to the slaughterhouse;
ix
the animals must be slaughtered within 24 hours of arrival at the establishment separately from animals whose meat is not eligible for dispatch;
x
during inspection by the official veterinary surgeon at the slaughterhouse no evidence of clinical or post-mortem signs of foot-and-mouth disease were established;
xi
the meat derived from such animals remained in the establishment for at least 24 hours after slaughter;
xii
all fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC or in the case of farmed game the health mark provided for in Chapter III of Annex I of Council Directive 91/495/EEC ;
xiii
the slaughterhouse must be operated under strict veterinary control;
xiv
in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xv
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
e
fresh meat obtained from wild game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from wild game killed within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal was sourced during the 90 days prior to dispatch;
iii
the meat originates from animals killed at least 20 kilometres from areas not included in Schedule 2;
iv
after the animals were killed, the carcases were handled in accordance with the provisions of Annex I, Chapter III of Council Directive 92/45/EC and transported to an establishment which is either a wild game collection centre or an approved processing house, for chilling;
v
the wild game collection centre or the approved processing house must be in an area in Schedule 2;
vi
the person consigning the carcases to the collection center or approved processing house must give at least 72 hours written notice to the official veterinary surgeon responsible for the collection center or approved processing house that game which is intended under this paragraph will be sent;
vii
during post-mortem inspection by the official veterinary surgeon the carcases were found free of lesions of foot-and-mouth disease;
viii
the meat derived from the animals remained in the establishment for at least 24 hours after the post-mortem inspection;
ix
at all stages of production the meat must have been handled in accordance with the requirements of Council Directive 92/45/EEC ;
x
the meat must bear the health mark in accordance with Chapter VII of Annex I to Council Directive 92/45/EEC ;
xi
the establishment must be operated under strict veterinary control;
xii
in the case where foot-and-mouth disease has been diagnosed in the establishment, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xiii
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
f
fresh meat destined for placing on the market in Great Britain and obtained from cutting plants situated in the British Islands outside the areas listed in Schedule 2 under the following conditions —
i
the meat is derived from animals reared and slaughtered in Great Britain;
ii
the meat remained in the slaughterhouse for at least 24 hours after slaughter;
iii
the cutting plants processing the meat are approved by the competent authority exclusively for the production of fresh meat destined for dispatch only within the United Kingdom;
iv
all such meat shall be transported, stored and processed separately from meat eligible for dispatch and shall bear the health mark in accordance with Commission Decision 2001/304/EC (on marking and use of certain animal products in relation to Decision 2001/172/EC );
v
all meat originating in the restricted area and processed in cutting plants referred to in sub-paragraph (f)(iii) shall only be placed on the market in the restricted area;
vi
the plants must be operated under strict veterinary control.
4
Movement of bovine or porcine animals between holdings which are in the same occupancy and which have been granted a sole occupancy licence under article 31 of the Foot-And-Mouth Disease Order 1983 shall be disregarded for the purposes of establishing when animals were last moved on to a holding.
5
Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of meat products
7
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in approved establishments which at the time of processing of meat eligible for dispatch met the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 6(3);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Council Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
8
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in approved establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products.
9
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 8;
c
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus;
d
milk products intended for human consumption produced from milk of a pH less than 7.0 and subjected to heat treatment at a temperature of at least 72°C for at least 15 seconds or an equivalent treatment;
e
milk products intended for human consumption produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during which the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in approved establishments under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 8(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the milk products must only be intended for human consumption and all milk products used in the final product will either conform to the conditions of paragraphs 3(a) (i) and (ii) above or meet the conditions of paragraph (2)(d) or (2)(e) of this regulation;
iv
the establishment shall be under strict veterinary control; and
v
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1 February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, ova and embryos
10
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iii
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
iv
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
v
the donor bull or boar showed a negative response to a test for antibodies against foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen, except that this test is not required for donor animals accommodated in semen collection centres situated in any area specified in Schedule 2;
vi
prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of the storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;
vii
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
viii
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
The health certificate provided for in Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19th October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of hides and skins
11
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14.
Dispatch of animal products
12
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70oC;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65oC for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 14 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
13
The prohibitions in regulations 7, 8, 9 and 12 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
15
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Dispatch of equidae
16
Any person dispatching equidae shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
Offers to dispatch or export
17
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
18
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
19
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of animals
20
1
Where an inspector knows or suspects that animals are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals in the consignment until he is satisfied that the animals comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Illegal consignments of products
21
1
This regulation shall have effect when an inspector, on reasonable grounds, suspects that anything other than animals is intended to be dispatched in contravention of these Regulations.
2
The inspector may either —
a
give notice to the person in charge of the consignment that, until the notice is withdrawn, it may not be removed or must be removed to and stored in a place specified in the notice; or
b
seize it and remove it in order to have it dealt with by a justice of the peace.
3
Where an inspector exercises the power conferred by paragraph (2) (a) he shall as soon as is reasonably practicable and in any event within 21 days, determine whether the consignment is one which may be dispatched under these Regulations, and —
a
if he is satisfied that its dispatch is not in contravention of these Regulations, he shall withdraw the notice;
b
if he is not so satisfied, shall seize it and remove it in order to have it dealt with by a justice of the peace.
4
Where an inspector seizes a consignment under paragraph (2)(b) or (3)(b), he shall inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the dispatch shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
5
If it appears to a justice of the peace that there was an intention to dispatch the consignment in contravention of these Regulations he shall, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
6
When an order is made under the preceding paragraph, the owner, the consignor and the consignee shall be jointly and severally liable for the costs reasonably incurred in its storage and its destruction or disposal.
7
Where a notice served under this regulation is withdrawn or the justice of the peace refuses to make an order under paragraph (5), the body who appointed the inspector who served the notice shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector; but this paragraph shall not apply if the notice was served because the consignment was not accompanied by the correct documentation, and the consignment was detained until the correct documentation was provided.
Fees
22
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out for the purposes of establishing the eligibility for dispatch of products under these Regulations a reasonable fee in respect of costs reasonably incurred.
Obstruction
23
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
24
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
25
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
26
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 17 or regulation 23(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, approvals, etc. issued in another part of the British Islands
27
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
28
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
29
The Import and Export Restrictions (Foot-and-Mouth Disease) ( No. 14) Regulations 2001 are revoked.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
4th January 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Standard Daily Amount) (England) Regulations 2002 and shall come into force on 31st March 2002.
2
These Regulations extend to England only.
Application
2
1
These Regulations apply in relation to any person, other than a person described in paragraph (2) below, appointed by the Secretary of State to hold, or as one of the persons who are to hold, a qualifying inquiry opening on or after the date on which these Regulations come into force.
2
These Regulations do not apply in relation to any person who is appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration and travelling or subsistence allowances (if any) in respect of that appointment are to be paid as mentioned in section 303A(7) of the 1990 Act.
Standard daily amount
3
The standard daily amount prescribed under section 303A(5) of the 1990 Act is £516.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
1st March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Determination of Admission Arrangements) (Amendment) (England) Regulations 2002, and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Amendment of the Regulations
2
1
The Education (Determination of Admission Arrangements) Regulations 1999 shall be amended as follows —
2
In regulation 2(1) (Interpretation) —
a
after the definition “the Act” there shall be inserted —
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A(1);
;
b
after the definition of “education authority” there shall be inserted —
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools , issued by the Department for Education and Skills in August 2002;
.
3
For regulation 3 (Determination of admission arrangements) there shall be substituted —
3
1
Every admission authority for a school, in determining their admission arrangements under section 89 of the Act, shall have regard to the current indicated admission number when determining an admission number for each relevant age group.
2
Except where regulation 5A applies, every admission authority for a school shall, in respect of their proposed admission arrangements for the school for each school year, take all steps necessary to ensure that they will have completed the consultation required by section 89(2) before 1st March in the determination year.
3
In addition, every such admission authority shall take all steps necessary to ensure that they will have determined those admission arrangements before 15th April in the determination year.
.
4
In regulation 5(1) (Additional consultation requirements) for “89(2)(c)” there shall be substituted “89(2)(d)” .
5
After regulation 5 there shall be inserted —
Suspension of consultation requirements
5A
1
Subject to paragraph (3), this regulation prescribes for the purposes of section 89(2A) the conditions under which a governing body who are the admission authority for a school shall not be required to undertake the consultation required under subsection (2) of that section in any determination year to which this regulation applies.
2
The conditions are that —
a
in the preceding determination year the governing body have undertaken the consultation required under section 89(2) in relation to the proposed admission arrangements for the school;
b
the governing body propose to determine the same admission arrangements for the school as those determined in the preceding year; and
c
no objection was made to the adjudicator under section 90(1) or (2) about the admission arrangements proposed by the governing body in any of the preceding five years.
3
This regulation shall not apply unless, in relation to any preceding determination year relating to a qualifying school year, the local education authority maintaining the school have provided the Secretary of State with the relevant notification.
4
In this regulation —
“the relevant notification” means notification that all the admission authorities in the relevant area have undertaken the consultation required under section 89(2) in relation to their proposed admission arrangements;
“qualifying school year” means the school year 2004–05 or any subsequent school year.
.
6
In regulation 6(2)(a) (Matters to which consultation is to relate) for “104(4)” there shall be substituted “104(2)”.
7
In regulation 8(1)(a) (Manner of notification of admission arrangements) for “bodies the authority were required to consult under section 89(2)” there shall be substituted “appropriate bodies as defined in section 89(10)” .
8
For regulation 9 there shall be substituted —
Circumstances in which additional publication is required
9
1
This regulation applies in any case where —
a
the admission arrangements for a school determined by an admission authority include pre-existing selection arrangements;
b
the determined admission number for any relevant age group at a school is lower than the current indicated admission number for that age group.
2
For the purposes of paragraph (1)(a) —
a
“selection arrangements” means those arrangements (if any) in the admission arrangements determined for a school for a particular school year which make provision for the selection of pupils by ability or aptitude within the meaning of section 99(5); and
b
selection arrangements are to be regarded as pre-existing if they —
i
continue from provision made by the admission arrangements for the school in question at the beginning of the 1997–98 school year and made by successive admission arrangements for the school since that time; and
ii
depend solely for their lawfulness on section 100.
3
For the purpose of paragraph (2)(b)(ii), selection arrangements are to be regarded as depending solely for their lawfulness on section 100 if they are not rendered lawful by virtue of section 99(1)(b) or 2(c) (grammar schools or sixth forms), section 101 (pupil banding) or section 102 (aptitude for particular subjects).
4
Where paragraph (1)(a) applies, the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely —
a
the names of the admission authority and of the school or schools in respect of admission to which the provision for selection applies;
b
the fact that admission arrangements have been determined which make provision for selection and a statement summarising the effect of the selection arangements;
c
the fact that parents living in the relevant area are able to refer an objection about the selection arrangements to the adjudicator;
d
the address to which the date by which such an objection must be sent to the adjudicator;
e
the fact that further information about the selection arrangements or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact.
5
Where paragraph (1)(b) applies the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely —
a
the names of the admission authority and of the school or schools in respect of which an admission number lower than the current indicated admission number has been determined for any relevant age group;
b
the current indicated admission number relating to each relevant age group to which the admission authority had regard when determining a lower admission number;
c
the determined admission number relating to each relevant age group which is lower than the current indicated number for that age group;
d
the admission authority’s reasons for determining an admission number which is lower than the current indicated admission number;
e
the fact that parents living in the relevant area are able to refer an objection about the admission number to the adjudicator;
f
the address to which and the date by which such an objection must be sent to the adjudicator;
g
the fact that further information about the admission number or about parents' right of objection may be obtained from the admission authority, including an address and telephone number for such contact.
6
The information specified in paragraphs (4) and (5) must be published in the manner specified within 14 days after the date on which the admission authority determined the admission arrangements.
.
9
In regulation 10 (Provision of further information) —
a
for paragraph (1) there shall be substituted —
1
An admission authority which is required to publish information under regulation 9 shall in addition provide to any person without charge any of the following on request —
a
(in any case to which regulation 9(1)(a) applies) a copy of the selection arrangements and of any other parts of the admission arrangements that are material to them;
b
(in any case to which regulation 9(1)(b) applies) details of the assessment of the school’s current indicated admission number relating to any relevant age group for which a lower admission number has been determined;
c
a written statement of information about parents' right of objection specified in paragraph (2).
;
b
in paragraph (2) —
i
for “paragraph (1)(b)” there shall be substituted “paragraph (1)(c)”;
ii
in sub-paragraph (c)(i) after “pre-existing selection arrangements” there shall be inserted “(within the meaning of regulation 9(1)(a)), or the determination of an admission number which is lower than the indicated admission number.”.
David Miliband,
Minister of State
Department for Education and Skills
18th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackpool, Fylde and Wyre Hospitals National Health Service Trust (Establishment) and the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust and the Blackpool Victoria Hospital National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the Blackpool, Fylde and Wyre Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from the trust’s headquarters at Blackpool Victoria Hospital, Whinney Heys Road, Blackpool, Lancashire, FY3 8NR and at or from Clifton Hospital, Devonshire Road Hospital, Fleetwood Hospital, Lytham Hospital, Rossall Hospital, South Shore Hospital, Wesham Park Hospital, Bispham Hospital and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS Trust
6
1
The Blackpool, Wyre and Fylde Community Health Services National Health Service Trust established by the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is revoked.
2
The Blackpool Victoria Hospital National Health Service Trust established by the Blackpool Victoria Hospital National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
1
This Order may be cited as the Bail (Electronic Monitoring of Requirements) (Responsible Officer) Order 2002 and shall come into force on 22nd April 2002.
2
In this Order —
“curfew requirement” means a requirement imposed on a child or young person as a condition of bail that he remain, for periods specified in the requirement, at a place so specified;
“electronic monitoring requirement” means a requirement imposed on a child or a young person under section 3(6ZAA) of the Bail Act 1976 for the purpose of securing the electronic monitoring of his compliance with any other requirement imposed on him as a condition of bail;
“police area” means a police area established under section 1 of the Police Act 1996 ;
“responsible officer” means the person responsible under section 3AA(6) of the Bail Act 1976 for the monitoring, where an electronic monitoring requirement is imposed.
3
Where an electronic monitoring requirement is imposed for the purpose of securing compliance with a requirement which relates to a place or area in a police area specified in Schedule 1 to this Order, the responsible officer shall be an employee of Premier Monitoring Services Limited of Berkshire Court, Western Road, Bracknell, Berkshire, RG12 1RE.
4
Where an electronic monitoring requirement is imposed for the purpose of securing compliance with a requirement which relates to a place or area in a police area specified in Schedule 2 to this Order, the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey, SM1 4LD.
5
Where an electronic monitoring requirement is imposed for the purpose of securing compliance with a requirement which relates to a place or area in a police area specified in Schedule 3 to this Order, the responsible officer shall be an employee of Reliance Secure Task Management Limited of Boundary House, Cricketfield Road, Uxbridge, Middlesex, UB8 1QG.
6
1
This article applies where:
a
an electronic monitoring requirement is imposed for the purpose of securing compliance with more than one requirement;
b
the requirements relate to different places or areas;
c
the places or areas are in different police areas; and
d
the police areas are specified in different Schedules to this Order.
2
If one of the requirements is a curfew requirement, then articles 3 to 5 have effect as if the electronic monitoring requirement was imposed solely for the purpose of securing compliance with the curfew requirement.
3
In any other case, the court shall choose whichever of the police areas referred to in paragraph 1(c) as it thinks fit and the responsible officer shall be of the description which would be specified in articles 3 to 5 if the electronic monitoring requirement was imposed for the purpose of securing compliance with requirements which related solely to places or areas within that police area.
Keith Bradley
Minister of State
Home Office
26th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Durham Dales Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Durham Dales Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Durham Dales Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The County Durham and Darlington Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The South Durham Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
4
The South Tyneside Health Care National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
1
This Order may be cited as the A61 Trunk Road (Alfreton to Sheffield) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A61 Trunk Road; and
iii
“the plan” means the plan folio, numbered HA 10/OD/297 and marked “The A61 Trunk Road (Alfreton to Sheffield) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of North Cornwall (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of North Cornwall;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of North Cornwall (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of the North Cornwall District Council.
Wards of the district of North Cornwall
3
1
The existing wards of the district of North Cornwall shall be abolished.
2
The district shall be divided into twenty three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bodmin
4
1
The existing wards of the parish of Bodmin shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of parish councillors to be elected for each parish ward shall be eight.
Wards of the parish of Bude-Stratton
5
1
The existing wards of the parish of Bude-Stratton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Bude, and Poughill and Stratton; each parish ward shall comprise the area of the district ward bearing the same name; and the number of parish councillors to be elected for each parish ward shall be nine.
Maps
6
North Cornwall District Council shall make a print of the map marked “Map referred to in the District of North Cornwall (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
7
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The District of North Cornwall (Electoral Arrangements) Order 1978 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002.
2
This Order shall come into force on the day after the day on which it is made.
3
Any provision of this Order for the transfer of functions of the Minister of Agriculture, Fisheries and Food acting alone to the Secretary of State or a named Secretary of State (however described) shall be construed, in relation to any of those functions so far as they are already exercisable concurrently with the Minister of Agriculture, Fisheries and Food by the Secretary of State acting alone or (as the case may be) the named Secretary of State acting alone, as providing that the functions shall cease to be exercisable by the Minister of Agriculture, Fisheries and Food; and references in this Order to functions transferred or to a transfer by the Order shall be construed accordingly.
4
In determining for the purposes of this Order whether a share of a joint function is held by the Secretary of State or a named Secretary of State (however described), any transfer under the Transfer of Functions (Wales) Order 1969 or the Transfer of Functions (Wales) ( No. 1) Order 1978 which was expressed to be a transfer to the Secretary of State, or to the Secretary of State and another person jointly, shall, irrespective of any supplementary provision in the Order, be treated as a transfer to, or (as the case may be) including a transfer to, the Secretary of State (and not a named Secretary of State).
5
In this Order, unless the context otherwise requires, any reference to a function of, or exercisable by, a Minister or Ministers shall, in the case of a function which is exercisable by the Minister or Ministers jointly with another person or is otherwise shared by the Minister or Ministers with another person, be construed as a reference to the share of the Minister or Ministers in that function.
6
In this Order any description in article 2(3) or (4)(c) or article 3(4), (6), (9)(c) or (10)(c) of a function to be transferred does not, so far as it refers to a function of, or exercisable by, the Secretary of State, include a reference to a function of, or exercisable by, a named Secretary of State (however described); and article 6(6), (7) and (8) do not apply in relation to a transfer to a named Secretary of State and the other references in article 6(7) and (8) to the Secretary of State also do not include references to a named Secretary of State.
7
In this Order “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
8
In this Order —
“the transferor” means —
in relation to anything transferred by article 2(3), (4)(c) or (d) or (5) or article 3(4), (5), (6), (7), (8), (9)(c), (10)(c) or (11), the Minister of Agriculture, Fisheries and Food and the Minister or Ministers concerned, or any of them;
in relation to anything transferred by article 2(4)(b), 3(9)(b) or (10)(b) or 4(2), the Minister concerned; and
in any other case, the Minister of Agriculture, Fisheries and Food; and
“the transferee” means —
in relation to anything transferred by article 2(5) or 3(4) or (11)(a) or (c), the Secretary of State for Environment, Food and Rural Affairs and the Minister or Ministers concerned, or (as the case may be) the Secretary of State for Environment, Food and Rural Affairs or the Minister or Ministers concerned;
in relation to anything transferred by article 3(3), each Secretary of State having responsibility for any matters connected with the regulation of veterinary products;
in relation to anything transferred by article 4(2), the Secretary of State to whom the transferred function is entrusted on the coming into force of this Order; and
in any other case, the Secretary of State or (as the case may be) the Secretary of State for Environment, Food and Rural Affairs.
Dissolution of Ministry and general transfer of functions
2
1
The Ministry of Agriculture, Fisheries and Food is hereby dissolved.
2
Subject as follows, the functions of the Minister of Agriculture, Fisheries and Food are hereby transferred to the Secretary of State.
3
Any function which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly is hereby transferred to the Secretary of State.
4
Any function of —
a
the Minister of Agriculture, Fisheries and Food;
b
a named Secretary of State (however described);
c
the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly; or
d
the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly;
under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (3) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.
5
Subject to paragraphs (3) and (4), any function which is exercisable by the Minister of Agriculture, Fisheries and Food and one or more named Secretaries of State (however described) acting jointly is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the one or more named Secretaries of State acting jointly.
6
Any function of the Minister of Agriculture, Fisheries and Food under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (5) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.
7
Paragraphs (2) to (6) do not apply so far as article 3 does apply.
Specific transfers of functions
3
1
Subject to paragraphs (4) and (7), any function of the Minister of Agriculture, Fisheries and Food —
a
under the New Forest Act 1949 , the New Forest Act 1964 or the New Forest Act 1970 ;
b
under section 19 of the Veterinary Surgeons Act 1966 ;
c
under the Medicines Act 1968 or the Medicines Act 1971 (other than any function of laying a copy of a report under section 5(2) of the Act of 1968 and any function under section 108 of that Act);
d
under paragraph 3 of Schedule 1 to the Poisons Act 1972 ;
e
under section 51 of the Fair Trading Act 1973 or any related provision of that Act;
f
as “the Minister” under section 7 of the Agricultural Marketing Act 1983 ; or
g
which is exercisable by virtue of section 265(3)(a) or (4) of the Town and Country Planning Act 1990 ;
is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.
2
Any function of the Minister of Agriculture, Fisheries and Food under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (1) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.
3
Any function of the Minister of Agriculture, Fisheries and Food under section 29 of the Food Standards Act 1999 is hereby transferred to each Secretary of State having responsibility for any matters connected with the regulation of veterinary products.
4
Any function under the New Forest Act 1949, the New Forest Act 1964 or the New Forest Act 1970 which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly is hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State for Transport, Local Government and the Regions acting jointly.
5
Any function under Schedule 1 to the Forestry Act 1967 which is exercisable by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.
6
Any function under section 2, 3 or 5 of the Agriculture (Miscellaneous Provisions) Act 1968 which is exercisable by the Minister of Agriculture, Fisheries and Food, the Secretary of State and the Secretary of State for Wales acting jointly is hereby transferred to the Secretary of State.
7
Any function under the Medicines Act 1968 or the Medicines Act 1971 which is exercisable, by the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with health in England acting jointly, by virtue of the definition of “the Ministers” in section 1(1) of the Act of 1968 (including any function so exercisable by virtue of the definition of “the appropriate Ministers” in section 1(2) of that Act) is hereby transferred to the Secretary of State.
8
Any function under the Dairy Produce Quotas Regulations 1997 which is exercisable by —
a
the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly; or
b
the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly;
is hereby transferred to the Secretary of State.
9
Any function of —
a
the Minister of Agriculture, Fisheries and Food;
b
a named Secretary of State (however described); or
c
the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, the Secretary of State for Scotland or the Secretary of State, or more than one of them, acting jointly;
under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (5), (6) or (8) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.
10
Any function of —
a
the Minister of Agriculture, Fisheries and Food;
b
a named Secretary of State (however described); or
c
the Minister of Agriculture, Fisheries and Food and the Secretary of State concerned with health in England acting jointly or the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
under any scheme, regulations, Order in Council, order, bye-laws or similar instrument made (or having effect as if made) in the exercise of, or in relation to, any function which is transferred (whether wholly or partly) by paragraph (7) is, so far as is consistent with the transfer effected by that paragraph, hereby transferred to the Secretary of State.
11
Any function of making regulations under section 2(2) of the European Communities Act 1972 which is exercisable by the Minister of Agriculture, Fisheries and Food and one or more Secretaries of State acting jointly is hereby transferred —
a
in a case where the Secretary of State for Environment, Food and Rural Affairs is not the Secretary of State concerned or one of the Secretaries of State concerned, to the Secretary of State for Environment, Food and Rural Affairs and the Secretary of State, or (as the case may be) Secretaries of State, concerned acting jointly;
b
in a case where the Secretary of State for Environment, Food and Rural Affairs is the Secretary of State concerned, to the Secretary of State; and
c
in a case where the Secretary of State for Environment, Food and Rural Affairs is one of the Secretaries of State concerned, to those Secretaries of State acting jointly.
Transfer of property, rights and liabilities
4
1
Subject to paragraphs (2) to (5), all property, rights and liabilities to which the Minister of Agriculture, Fisheries and Food is entitled or subject immediately before the coming into force of this Order are hereby transferred to the Secretary of State for Environment, Food and Rural Affairs.
2
Subject to paragraphs (3) and (5), all property, rights and liabilities to which the Minister of Agriculture, Fisheries and Food or a Secretary of State is entitled or subject immediately before the coming into force of this Order in connection with any functions transferred by article 2(3) or (4) or article 3(5), (6), (7), (8), (9) or (10) of this Order are hereby transferred to the Secretary of State to whom the transferred function is entrusted on the coming into force of this Order.
3
Paragraphs (1) and (2) do not apply in relation to —
a
any property outside the United Kingdom which is not capable of transfer by this Order; and
b
rights and liabilities of the Minister of Agriculture, Fisheries and Food or a Secretary of State in relation to any such property.
4
The person from time to time holding office as Secretary of State for Environment, Food and Rural Affairs shall by virtue of that office be Minister of Agriculture, Fisheries and Food so long as any property, rights or liabilities of the kind mentioned in paragraph (3) remain vested in that Minister.
5
Paragraph (2) does not operate so as to transfer property, rights or liabilities to which a Secretary of State is entitled or subject immediately before the coming into force of this Order in connection with a function if that Secretary of State is the Secretary of State to whom the function is entrusted on the coming into force of this Order.
Specific modifications of enactments and instruments
5
1
The amendments specified in Schedule 1 (consequential amendments) shall have effect.
2
The repeals and revocations specified in Schedule 2 shall have effect.
3
Any amendment made by virtue of paragraph (1) to a reference to the Minister of Agriculture and Fisheries or his department which has effect as a reference to the Minister of Agriculture, Fisheries and Food or his department by virtue of article 3(3) of the Transfer of Functions (Ministry of Food) Order 1955 shall not apply to the reference to the Minister of Agriculture and Fisheries or his department so far as it continues to have effect in relation to matters past at the coming into force of the Order of 1955.
4
Sections 6(2) and 7 of the Board of Agriculture Act 1889 and section 1(2) of the Ministry of Agriculture and Fisheries Act 1919 shall continue to apply on and after the coming into force of this Order in relation to the Secretary of State for Environment, Food and Rural Affairs in his capacity as Minister of Agriculture, Fisheries and Food.
5
In their continued application by virtue of paragraph (4), sections 6(2) and 7 of the Act of 1889 and section 1(2) of the Act of 1919 shall have effect as they had effect immediately before the coming into force of this Order except that —
a
section 6(2) of the Act of 1889 shall have effect, in relation to the authentication of the official seal, as if it provided for the official seal to be authenticated by the signature of the Secretary of State for Environment, Food and Rural Affairs in his capacity as Minister of Agriculture, Fisheries and Food or of some person authorised by him to act on his behalf;
b
section 7(1) of that Act shall have effect as if the reference to every document purporting to be signed by a secretary or any person authorised by the President of the Board to act on behalf of the secretary were a reference to every document purporting to be signed by any person authorised by the Secretary of State for Environment, Food and Rural Affairs in his capacity as Minister of Agriculture, Fisheries and Food to act on his behalf; and
c
section 1(2) of the Act of 1919 shall have effect as if the reference to the Ministry of Agriculture and Fisheries were a reference to the Department for Environment, Food and Rural Affairs.
6
The repeal of section 7 of the Act of 1889 (and of any enactments amending that section) shall not apply in relation to documents sealed or signed, or (as the case may be) certificates signed, before the coming into force of this Order.
Other supplementary provisions
6
1
This Order shall not affect the validity of anything done (or having effect as if done) by or in relation to the transferor before the coming into force of this Order.
2
Anything (including any legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the transferor may, so far as it relates to anything transferred by this Order, be continued by or in relation to the transferee.
3
Anything done (or having effect as if done) by or in relation to the transferor for the purposes of or in connection with anything transferred by this Order shall, if in force at the coming into force of this Order, have effect as if done by or in relation to the transferee in so far as that is required for continuing its effect after the coming into force of this Order.
4
Subject to paragraphs (5) to (13), any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order or the dissolution of the Ministry of Agriculture, Fisheries and Food, as if any references (including references which are to be construed as such references) to the transferor or his department or officers were references to the transferee or his department or officers, as the context may require.
5
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of a function ceasing to be exercisable by the Minister of Agriculture, Fisheries and Food by virtue of article 2 or 3 as read with article 1(3), as if any references (including references which are to be construed as such references) to the Minister of Agriculture, Fisheries and Food or his department or officers were omitted.
6
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order from the Minister of Agriculture, Fisheries and Food to the Secretary of State of a share of a function which is exercisable by the Minister of Agriculture, Fisheries and Food acting alone concurrently with (whether with or without others) a named Secretary of State (however described) acting alone, as if any references (including references which are to be construed as such references) to the Minister of Agriculture, Fisheries and Food and the named Secretary of State, or either of them, or their departments or officers were references to the Secretary of State or his department or officers, as the context may require.
7
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order from the Minister of Agriculture, Fisheries and Food to the Secretary of State of, or in connection with, any function or share of a function which is exercisable only with the agreement of, or after consulting with, the Secretary of State acting alone as if any requirement for the agreement of, or (as the case may be) for consultation with, the Secretary of State in connection with the exercise of the function were omitted.
8
Any enactment or instrument passed or made before the coming into force of this Order shall have effect, so far as may be necessary for the purposes of or in consequence of any transfer effected by this Order from the Minister of Agriculture, Fisheries and Food acting alone to the Secretary of State of, or in connection with, any function of deciding whether to agree with, or of being consulted by, the Secretary of State (whether acting alone or jointly) as if any such function were omitted.
9
Documents or forms printed or duplicated for use in connection with any function of the Minister of Agriculture, Fisheries and Food may, subject to paragraph (10), be used in connection with that function on and after the coming into force of this Order notwithstanding that they contain, or are to be construed as containing, references to the Minister of Agriculture, Fisheries and Food, the Ministry of Agriculture, Fisheries and Food or any officer of either of them.
10
For the purposes of the use of any such documents or forms on or after the coming into force of this Order, those references shall be construed in accordance with paragraphs (4) to (8).
11
Paragraphs (4) to (8) are subject to any specific amendment, repeal or revocation made by this Order but any such amendment, repeal or revocation is without prejudice to the operation of those paragraphs in relation to anything not specifically dealt with by that amendment, repeal or revocation.
12
Section 5(1) of the Government Resources and Accounts Act 2000 shall apply, in relation to the Department for Environment, Food and Rural Affairs and resource accounts in its name, as if the resources acquired, held, disposed of or used by the Ministry of Agriculture, Fisheries and Food during the relevant financial year and before its dissolution had been acquired, held, disposed of or (as the case may be) used by the Department for Environment, Food and Rural Affairs.
13
In paragraph (12) “relevant financial year” means the year ending with 31st March 2002.
A. K. Galloway
Clerk of the Privy Council