text:
Citation, commencement, operation, extent and revocations
1
1
This Order may be cited as the Afghanistan (United Nations Sanctions) (Channel Islands) Order 2001 and shall come into force on 16th February 2001.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolutions adopted by it on 15th October 1999 or 19th December 2000, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
4
Articles 3, 4, 5, 7, 8, 9, 10, 14 and 15 apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British National (Overseas), a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
5
The Afghanistan (United Nations Sanctions) (Channel Islands) Order 1999 and the Afghanistan (United Nations Sanctions) (Channel Islands) (Amendment) Order 1999 are hereby revoked.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“airport” —
in the application of this Order to the Bailiwick of Guernsey, means the aggregate of the land, buildings and works comprised in an aerodrome within the meaning of the Civil Aviation Act 1982 ; and
in the application of this Order to the Bailiwick of Jersey, has the meaning assigned to “aerodrome” in the Aerodromes (Administration) (Jersey) Law 1952;
“airport operator” —
in the application of this Order to the Bailiwick of Guernsey, in relation to any airport, means the person for the time being having the management of that airport; and
in the application of this Order to the Bailiwick of Jersey, means the Airport Director;
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer”, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972; and “States Revenue Officer”, in the application of this Order to the Bailiwick of Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bands or other financial commitments; letters of credit bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Usama bin Laden” means —
any person designated as such by the Sanctions Committee, or
any person acting on behalf of a person covered by paragraph (a) above;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“professional legal adviser” in the application of this Order to the Bailiwick of Jersey, means an advocate or solicitor;
“relevant enforcement authority” means —
in relation to the Bailiwick of Jersey, the Policy and Resources Committee of the States of Jesey; and
in relation to the Bailiwick of Guernsey, means —
the Lieutenant Governor for the purposes of articles 3 to 8, 12, 15 and 26; and
the Attorney General for Guernsey or the Chief Revenue Officer for the purposes of articles 11 and 26 of, and Schedule 3 to, this Order;
“relevant institution” means —
in relation to the Bailiwick of Guernsey, an institution licensed by the Guernsey Financial Services Commission under the Banking Supervision (Bailiwick of Guernsey) Law 1994; and
in relation to the Bailiwick of Jersey, an institution within the meaning of article 1(1) of the Banking Business (Jersey) Law 1991, as amended;
“restricted goods” means the goods specified in Schedule 1 to this Order;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall,
in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999;
“the standard scale” means —
in the application of this Order to the Bailiwick of Guernsey, the standard scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in the application of this Order to the Bailiwick of Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
“the Taliban” means the Afghan political faction known as the Taliban, which also calls itself the “Islamic Emirates of Afghanistan”;
“vehicle” means land transport vehicle;
“working day” —
in the application of this Order to the Bailiwick of Guernsey, means any day other than a Saturday, a Sunday, Christmas Day, Good Friday, or a day which is a public holiday in that Bailiwick;
in the application of this Order to the Bailiwick of Jersey, has the same meaning as “business day” for the purposes of Article 1 of the Public Holidays and Bank Holidays (Jersey) Law 1951 as amended.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
Restricted Goods, Technical Assistance and Training
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article or article 4 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in Afghanistan shall be guilty of an offence unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Afghanistan.
2
Nothing in paragraph (1)(b) or (c) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the relevant enforcement authority under this article.
Exportation of restricted goods to Afghanistan
4
Except under the authority of a licence granted by the relevant enforcement authority under this article, it is prohibited to export restricted goods from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey to any destination in Afghanistan or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Afghanistan.
Provision of certain technical assistance or training
5
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article, directly or indirectly provides to a person in Afghanistan any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in paragraph 1 of Schedule 1 to this Order, or the military activities of the Taliban, shall be guilty of an offence.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted by the relevant enforcement authority under this article, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Afghanistan to any destination therein.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article,
the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Afghanistan to any destination therein.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Afghanistan was authorised by a licence granted by the relevant enforcement authority under article 3 or article 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Funds
Making funds available to Usama bin Laden and associates
7
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article, makes any funds available to or for the benefit of Usama bin Laden or any person connected with Usama bin Laden is guilty of an offence.
Assets of the Taliban
8
1
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article, makes any funds to which this article applies available to or for the benefit of the Taliban shall be guilty of an offence.
2
This article applies to any funds owned or controlled directly or indirectly by the Taliban, or by an undertaking owned or controlled by the Taliban, as designated by the Sanctions Committee.
Freezing of funds on suspicion
9
1
Where the relevant enforcement authority has reasonable grounds for suspecting that any funds held by any person are or may be —
a
funds of Usama bin Laden or any person connected with Usama bin Laden,
b
held on behalf of Usama bin Laden or any such person, or
c
funds to which article 8 applies,
the relevant enforcement authority may by notice direct that those funds are not to be made available to Usama bin Laden or to a person connected with Usama bin Laden or to the Taliban or a person connected to the Taliban as the case may be, except under the authority of a licence granted under article 7 or 8.
2
A notice given under paragraph (1) shall specify the period for which it is to have effect, which shall be not longer than 5 working days.
3
The relevant enforcement authority may by notice revoke a direction under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 7 or 8 (as the case may be) in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
8
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 7, 8 or 9(7)
10
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7, 8 or 9(7) is guilty of an offence.
Failure to disclose knowledge or suspicion of sanctions offences
11
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is Usama bin Laden or a person connected with Usama bin Laden; or
ii
is a person connected with the Taliban; or
iii
has committed an offence under article 7, 8, 9(7) or 17(2), and
b
it does not disclose to the relevant enforcement authority the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matters comes to its attention.
2
Where a relevant institution discloses to the relevant enforcement authority —
a
its knowledge or suspicion that a person is Usama bin Laden or a person connected to Usama bin Laden or a person connected to the Taliban or has committed an offence under article 7, 8, 9(7) or 17(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Flights
Prohibition of flights
12
1
Except under the authority of a licence granted by the relevant enforcement authority under this article —
a
no aircraft shall take off from, land in or fly over the territory of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey if its destination is, or if it has taken off from, Afghanistan; and
b
no aircraft designated by the Sanctions Committee as owned, leased or operated by or on behalf of the Taliban, shall take off from or land in the territory of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
2
If any aircraft is used in contravention of the provisions of this article, then the operator and the commander of the aircraft shall be guilty of an offence.
Powers of airport operator
13
1
For the purpose of enforcing the prohibitions contained in article 12, it shall be the duty of an airport operator to take all such steps as may be necessary to secure that any aircraft at his airport —
a
whose commander or operator has indicated an intention to fly the aircraft to a destination in Afghanistan or which the airport operator otherwise has reason to suspect will be flown to such a destination;
b
which the airport operator knows or has reason to suspect has, since 19th January 2001, taken off from Afghanistan; or
c
which the airport operator knows or has reason to suspect is designated by the Sanctions Committee as owned, leased or operated by or on behalf of the Taliban,
is prevented from taking off unless permission to do so has been granted under article 12.
2
Without prejudice to the generality of paragraph (1) above, such steps may include —
a
the refusal of any refuelling service for the aircraft;
b
the placing of obstacles in the path of a parked aircraft to prevent it from leaving its parked position; and
c
requiring the commander or operator of the aircraft to move it, or to secure that it is moved, to another part of the airport.
3
Any person who, without reasonable excuse, obstructs an airport operator, his servants or agents acting in accordance with the provisions of this article, or refuses or fails within a reasonable time to comply with a requirement by any such persons made in accordance with paragraph 2(c) above, shall be guilty of an offence.
Offices and Businesses
Taliban Offices
14
Any person who establishes or maintains any office or other premises under the name of “the Taliban” or “the Islamic Emirates of Afghanistan” shall be guilty of an offence under this Order.
Ariana Afghan Airlines
15
1
any person who carries on any business, or establishes or maintains any place of business, under the name of “Ariana Afghan Airlines” shall be guilty of an offence.
2
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this paragraph, establishes or maintains any place of business in connection with the carriage of persons or goods by air (whether to or from the Bailiwick of Guernsey or the Bailiwick of Jersey or elsewhere) by any person connected with the Taliban shall be guilty of an offence, subject to paragraph (4) below.
3
Any person connected with the Taliban who, except under the authority of a licence granted by the relevant enforcement authority under this paragraph, carries on any business of carrying persons or goods by air (whether to or from the Bailiwick of Guernsey or the Bailiwick of Jersey or elsewhere) shall be guilty of an offence.
4
In the case of proceedings for an offence in contravention of paragraph (2), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the carriage of persons or goods was by a person connected with the Taliban.
General
Customs powers to demand evidence of destination which goods reach
16
Any exporter or any shipper of goods which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
17
1
If for the purposes of obtaining any licence under this Order any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular;
he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the relevant enforcement authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the relevant enforcement authority after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
18
1
Any person who is about to leave the Bailiwick of Guernsey or the Bailiwick of Jersey shall, if he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any restricted goods which are destined for Afghanistan or for delivery, directly or indirectly, to or to the order of any person in Afghanistan; and
b
produce any such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his directions, may search that person for the purposes of ascertaining whether he has with him any such goods as are referred to in paragraph (1):
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Investigation, etc of suspected ships
19
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 6(1), he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) above is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 22(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) above; or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means a Chief Revenue Officer or a States Revenue Officer or —
a
in respect of the Bailiwick of Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to the Bailiwick of Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 ;
b
in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
20
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provision of article 22(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, that officer or person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer and, in respect of the Bailiwick of Jersey, the Airport Director;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
21
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 6 —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 22(3), where any authorised person or officer as aforesaid has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any States Revenue Officer;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 19 to 21
22
1
No information furnished or document produced by any person in pursuance of a request made under article 19, 20 or 21 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his own right;
b
to any person who would have been empowered under article 19, 20 or 21 to request that it be furnished or produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom,
ii
the Government of the Isle of Man,
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark,
iv
the States of Jersey, or
v
the government of any territory listed in Schedule 2 to this Order;
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the government of any other country for the purpose of assisting the United Nations or that government or in securing compliance with or detecting evasion of measures in relation to Afghanistan decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Bailiwick in question, for an offence under this Order or in respect of any of the matters regulated by this Order for an offence under any enactment relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 2 to this Order.
2
Any power conferred by article 19, 20 or 21 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order —
a
a master of a ship who disobeys any direction given under article 19(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 19, 20 or 21 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 19, 20 or 21.
4
Nothing in articles 19 to 22 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
23
The provisions of Schedule 3 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the relevant enforcement authority or, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, a States Revenue Officer —
a
of evidence or information for the purpose of securing compliance or detecting evasion of —
i
this Order in the Bailiwick in question, or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 2 to this Order; and
b
of evidence of the commission —
i
in the Bailiwick in question, of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs, or
ii
with respect to any of those matters, of an offence under the law of the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 2 to this Order.
Investigations by a States Revenue Officer or Chief Revenue Officer
24
Where, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer, or in the case of the Bailiwick of Jersey, a States Revenue Officer, investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meanings of Article 1(1) of the Customs and Excise (Jersey) Law 1999 (in relation to investigations in the Bailiwick of Jersey) and of section 1(1) of the Customs and Excise (General Provisions (Bailiwick of Guernsey) Law 1972 (as amended) (in relation to investigation in the Bailiwick of Guernsey).
Penalties and proceedings
25
1
Any person guilty of an offence under article 3, 5, 6(3), 7, 8, 9, (7), 10, 14 or 15 shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under article 12, 13 or article 22(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 3 shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
3
Any person guilty of an offence under article 17(1) or (2), or article 18(4) shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
4
Any person guilty of an offence under article 22(3)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 3 shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale, or to both.
5
Any person guilty of an offence under article 9(8) or 11 shall be liable —
a
in the Bailiwick of Guernsey on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both.
6
Any person guilty of an offence under article 16 or 18(3) of this Order shall be liable —
a
in the Bailiwick of Guernsey on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey on conviction to a fine not exceeding level 4 on the standard scale.
7
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the bailiwick having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the relevant enforcement authority
26
The relevant enforcement authority may to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers under this Order to any person, or class or description of persons, whom it has approved, and references in this Order to the relevant enforcement authority shall be construed accordingly.
Licences
27
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Publication of matters designated by the Sanctions Committee
28
The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Secretary of State or Her Majesty’s Treasury in the London, Edinburgh and Belfast Gazettes.
A. K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 9) Order 2001.
2
The provisions of the Immigration and Asylum Act 1999 specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision shall come into force on that date only for that purpose.
Barbara Roche
Minister of State
Home Office
28th January 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 4) Order 2001; it extends to England and shall come into force at 11 p.m. on 16th March 2001.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and Mouth Disease Order 1983 in so far as it applies to England, is amended in accordance with the following provisions of his article.
2
After paragraph (4) of article 3, the following paragraph is inserted —
5
Any approval licence or notice under this Order shall be in writing, may be general or specific, may be 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 issuing authority is reasonably of the opinion that the provisions of this Order are not being complied with.
.
3
Articles 31 to 37 are replaced by Schedule 1 to this Order.
4
After Schedule 4, Schedule 2 of this Order is added.
Transitional provisions
3
Any restrictions on access to land, common land, unenclosed or waste land, footpath or right of way imposed under Part IV of the Foot-and-Mouth Disease Order 1983 before it was amended by this Order shall continue to have effect until revoked by —
a
a declaration by the Minister, published in such manner as he sees fit; or
b
a declaration by the local authority, published in such manner as it shall see fit.
Signed at 8.20 p.m. on 16th March 2001
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Pension Scheme and Additional Voluntary Contributions) (Pension Sharing) Amendment Regulations 2001 and shall come into force on 1st May 2001.
Interpretation
2
In these Regulations —
“the AVC Regulations ” means the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 ;
“the Pension Scheme Regulations ” means the National Health Service Pension Scheme Regulations 1995 .
Amendment of the Pension Scheme Regulations
3
The Pension Scheme Regulations shall be amended in accordance with Schedule 1 to these Regulations.
Amendment of the AVC Regulations
4
The AVC Regulations shall be amended in accordance with Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th April 2001
We consent to the making of these Regulations.
Jim Dowd
Clive Betts
Lords Commissioners of Her Majesty’s Treasury
9th April 2001


text:
1
1
This Order may be cited as the Police Act 1997 (Commencement No. 7) Order 2001.
2
This Order extends to England and Wales.
2
1
Sections 120(3), 122(1) and (2) and 125 of the Police Act 1997 shall come into force on 19th March 2001.
2
Section 120(1), (2) and (4) to (7) of the Police Act 1997 shall come into force on 1st May 2001.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
16th March 2001


text:
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001, shall apply to England and to Northern Ireland, and shall come into force on 2nd April 2001.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires —
“analysis” includes microbiological assay and any technique for establishing the composition of food;
“appropriate enforcement authority”, in relation to any part of England or Northern Ireland, means an enforcement authority in relation to that part;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an appropriate enforcement authority or, in relation to any particular provision of these Regulations, any person who is authorised by an appropriate enforcement authority for the purposes of that provision;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 , of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 , and of the Kingdom of Sweden, the Republic of Austria and the Republic of Finland signed respectively at Stockholm, Vienna and Helsinki on 24th June 1994 , and where any such provision has been adapted by the European Economic Area Agreement, includes the adaptation to it effected thereby;
“controlled wine-sector product” means any wine-sector product the movement of which is for the time being prohibited pursuant to regulation 8;
“the Department” means the Department of Agriculture and Rural Development;
“enforcement authority” means —
in relation to any part of England and Northern Ireland, the Commissioners or the Wine Standards Board;
in relation to England, the Minister;
in relation to Northern Ireland, the Department;
in relation to the area of a local authority, the local authority;
“the European Economic Area Agreement” has the same meaning as has “the Agreement” in section 6(1) of the European Economic Area Act 1993 ;
“examination” means microbiological examination;
“food analyst” and “food examiner” mean, in relation to England, a person who is a food analyst or a food examiner, as the case may be, for the purposes of section 30 of the Food Safety Act 1990 and, in relation to Northern Ireland, a person who is a food analyst or a food examiner, as the case may be, for the purposes of articles 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ;
“local authority” means —
as respects England, an authority (other than the council of a non-metropolitan district) which is a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council;
“manufacturing” means using wine or other wine-sector products, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“quality wines psr” has the meaning assigned to it by Article 54 of Council Regulation ( EC ) No. 1493/1999 on the common organisation of the market in wine ;
“relevant Community provision” means any Community provision referred to in column 1 or column 2 of Schedule 2 to these Regulations, the subject matter of which is described in column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“third country” means any country or territory not forming part of the United Kingdom;
“specified regions” means English Vineyards as defined in regulation 13;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EC) No. 1493/1999 and, in relation to aromatized wines, in Council Regulation ( EEC ) No. 1601/91 , as amended, laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails .
3
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
4
The Common Agricultural Policy (Wine) Regulations 1996 , the Common Agricultural Policy (Wine) (Amendment) Regulations 1997 , the Common Agricultural Policy (Wine) (Amendment) Regulations 1998 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1999 are hereby revoked in so far as they apply to England and to Northern Ireland.
5
In the application of Part III of these Regulations, Schedule 3 (in so far as it relates to vine varieties for providing quality wines psr), and Schedules 4 and 5, that Part and those Schedules shall be read in relation to any wine produced —
a
from grapes harvested before 1st September 1993, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1993 ;
b
from grapes harvested on or after 1st September 1993 and before 1st September 1994, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1994 ;
c
from grapes harvested on or after 1st September 1994 and before 1st September 1995, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1995 ;
d
from grapes harvested on or after 1st September 1995 and before 1st September 1999, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1996.
PART II
GENERAL PROVISIONS
Official functions and enforcement
3
1
Subject to the provisions of this regulation, the Department, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated as the authorities responsible for ensuring compliance with the Community provisions.
2
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.
3
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into England from a third country or from England to a third country.
4
The Department, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product into Northern Ireland from a third country or from Northern Ireland to a third country.
5
The Wine Standards Board, and in England the Minister, and in Northern Ireland the Department, shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2), (3) or (4) above.
6
Nothing in this regulation shall be taken as authorising the Wine Standards Board or the Commissioners to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 , as amended, laying down detailed rules for the description and presentation of wines and grape musts , wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Vine varieties
5
For the purposes of Article 19(1) and (2) of Council Regulation (EC) No. 1493/1999 and Article 20 of Commission Regulation (EC) No. 1227/2000 laying down detailed rules for the application of Council Regulation 1493/1999 on the common organisation of the market in wine, as regards production potential , the vine varieties classified for the production of wine in England or in Northern Ireland are those specified in Schedule 3, amongst which those that are not permitted for the production of quality wines psr in the specified regions are indicated by an asterisk.
Geographical indications for table wine
6
1
In pursuance of Article 51(3) of Council Regulation (EC) No. 1493/1999 , the use of a geographical indication for the designation of table wine produced in any part of England or Northern Ireland is prohibited unless that table wine is produced —
a
wholly from one or more of the varieties of vine specified in Schedule 3, and
b
exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.
2
Notwithstanding paragraph (1)(b) above, a geographical indication may be used to designate a table wine obtained by the coupage of wines as permitted by Article 51(2) of the said Council Regulation (EC) No. 1493/1999 .
3
In paragraph (1)(b) above, “geographical unit” means a precisely demarcated area which —
a
is a part of England or Northern Ireland; and
b
falls within the definition of a “geographical unit which is smaller than the Member State” in Article 51(1) of the said Council Regulation (EC) No. 1493/1999 .
4
Subject to point A, paragraph 2, of Annex VII to the said Council Regulation (EC) No. 1493/1999 , no geographical indication other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of England or Northern Ireland.
Powers of authorised officers
7
1
An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996 has been committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed —
a
inspect any materials or articles found in or on that land or vehicle;
b
subject to paragraph (5) below, examine any register, record or appropriate document —
i
which any person is required to keep under any relevant Community provision, or
ii
which is in the possession or under the control of any person,
and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;
c
subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;
d
undertake an inventory of products and of anything which may be used in the preparation of products; and
e
purchase or take samples of any product and of anything which may be used for the preparation of any product.
3
An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.
4
An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as —
a
it is in England and comprises —
i
an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984 ,
ii
excluded material within the meaning of section 11 of that Act, or
iii
special procedure material within the meaning of section 14 of that Act, or
b
it is in Northern Ireland and comprises —
i
an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ,
ii
excluded material within the meaning of article 13 of that Order, or
iii
special procedure material within the meaning of article 16 of that Order.
Control on movement
8
1
Where an authorised officer inspects any wine-sector product he may prohibit its being moved if he has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II , III , V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.
2
An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing —
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer;
c
specifying the relevant Community provision in respect of which he has reason to believe that an offence has been, is being or is likely to be committed; and
d
specifying whether he considers that it would be practicable for steps to be taken to persuade him that he no longer has reason for that belief and, if so, what those steps should be.
3
Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board that notice shall also contain information of the recipient’s right, conferred by regulation 10, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.
4
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
5
An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
6
An authorised officer who is satisfied that the steps specified in the notice under paragraph 2(d) above have been taken shall thereupon remove the prohibition on movement imposed pursuant to paragraph (1) above.
Consent to movement
9
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that —
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall —
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
4
An authorised officer of the Wine Standards Board who has been requested to give a consent under this regulation, and who refuses to do so, shall communicate that refusal in writing together with written notice of the right, conferred by regulation 10, to have that refusal reviewed, and an explanation as to how that right may be exercised and the effect of exercising that right.
Review of prohibitions etc. on movement of wine-sector products
10
1
This regulation applies where an authorised officer of the Wine Standards Board —
a
has given to a person who appears to him to be in charge of a wine-sector product a notice under regulation 8(2); or
b
has refused to give consent to the movement of a controlled wine-sector product under regulation 9.
2
A person to whom the notice or refusal has been given may make a written request to the Chief Executive of the Wine Standards Board for him to review the giving of the notice or refusal.
3
Where a request for the review of a notice or refusal is received by the Chief Executive of the Wine Standards Board he shall review the notice or refusal and communicate his decision on the review within fourteen days from his receipt of the request.
4
Where a person is dissatisfied with the decision of the Chief Executive of the Wine Standards Board on a review, he may make a written request to the Chairman of the Wine Standards Board for a further review by the Wine Standards Board of the giving of the notice or refusal.
5
On such a request the Wine Standards Board shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.
6
The procedure and quorum for a meeting of the Wine Standards Board considering a request under this regulation shall be such as it determines.
Authorised officer acting in good faith
11
1
An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if —
a
in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it, and
b
in relation to an act of a person accompanying him and acting under his instructions, he honestly believed that these Regulations empowered him to instruct that person to do it.
2
A person accompanying an authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations, if —
a
he did that act on the instructions of the authorised officer, and
b
he honestly believed that these Regulations empowered the authorised officer to give him those instructions.
3
Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
4
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under these Regulations required or entitled him to do it.
Power to require analysis or examination
12
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings, and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or examination, which, in the course of proceedings is transmitted by a food analyst or food examiner under this regulation, shall be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.
4
In any proceedings under these Regulations, the transmission to the court under this regulation or production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or food examiner; or
b
of a document supplied to him by the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.
PART III
QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Specified regions
13
1
Subject to paragraph (2) below, the specified regions in England and Northern Ireland for the purposes of point A of Annex VI to Council Regulation (EC) No. 1493/1999 are English Vineyards, comprising the areas of the regions described in Schedule 4.
2
There shall be excluded from the areas described in Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
Minimum natural alcoholic strength
14
The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
Authorisation under point D, paragraph 3, of Annex VI to Regulation 1493/1999
15
Notwithstanding the provisions of point D, paragraph 1(b), of Annex VI to Council Regulation (EC) No. 1493/1999 , which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
Maximum yield
16
For the purposes of point I, paragraph 1, of Annex VI to Council Regulation (EC) No. 1493/1999 , the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
Analytical test
17
For the purposes of point J, paragraph 1(a), of Annex VI to Council Regulation (EC) No. 1493/1999 —
a
the analytical test to establish whether any wine is eligible for designation as quality wine psr shall comprise a measurement of each of the factors specified in Schedule 5 in relation to that wine; and
b
wine shall be so eligible only where it meets each standard specified in that Schedule.
Designation of competent body
18
For the purposes of Article 56 of Council Regulation (EC) No. 1493/1999 , as read with Articles 10 and 12 of Commission Regulation (EC) No. 1607/2000 laying down detailed rules for implementing Regulation (EC) No. 1493/1999 on the common organisation of the market in wine, in particular the Title relating to quality wine produced in specified regions , the Wine Standards Board is hereby designated as the competent body, referred to in those Articles, in England and Northern Ireland.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
19
1
If any person contravenes, or fails to comply with, regulation 6 or any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale; or
b
on conviction on indictment, to a fine.
2
If any person —
a
contravenes, or fails to comply with, any obligation or condition contained in any of the relevant Community provisions referred to in column 1 or 2 of Parts IV, VI, VII or VIII of Schedule 2, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Movement of a controlled wine-sector product
20
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 8(5) shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 9(2) shall be guilty of an offence.
4
It shall be a defence for a person charged with any offence under this regulation to prove that —
a
when the power conferred by regulation 8(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and
b
there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Obstruction
21
Any person who —
a
intentionally obstructs an authorised officer acting in the execution of these Regulations; or
b
fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences by officers of bodies corporate
22
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Defence of due diligence
23
In any proceedings for an offence under regulation 19 or 21(b) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Offences under the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996
24
Where an offence under any of the Common Agricultural Policy (Wine) Regulations 1993, 1994, 1995 or 1996 has been committed, it shall, notwithstanding the revocation of those Regulations, be punishable in accordance with the terms of those Regulations.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 2001


text:
Title, extent and commencement
1
1
These Regulations may be cited as The BSE Monitoring (England) Regulations 2001.
2
These Regulations shall extend to England and shall come into force on 1st July 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“BSE” means the disease bovine spongiform encephalopathy;
“the BSE ( No. 2) Order ” means the Bovine Spongiform Encephalopathy (No. 2) Order 1996 ;
“bovine animal” includes buffalo of the species Bubalus bubalis and Bison bison;
“the Commission Decisions” means —
Commission Decision 2000/764/ EC on the testing of bovine animals for the presence of bovine spongiform encephalopathy and amending Decision 98/272/EC on epidemio-surveillance for transmissible spongiform encephalopathies; and
Commission Decision 2001/233/EC amending Decision 2000/418/EC as regards mechanically recovered meat and bovine vertebral column;
“inspector” means —
a person appointed as such for the purposes of these Regulations by the Minister, including a veterinary inspector; and
a person appointed as such for the purposes of these Regulations by a local authority in relation to its enforcement responsibilities under these Regulations;
“local authority” means —
in any part of England 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; and
in any part of England 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, the council of that borough; or
in the City of London, the Common Council;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“a notifiable bovine animal” means a bovine animal over 30 months of age which —
dies on any farm or in transport; or
has been killed otherwise than for human consumption;
“premises” means any place (including any structure or vehicle) in which bovine animals may be bred, handled, held, kept, marketed or shown to the public, and includes any such place occupied as a private dwelling; and
“veterinary inspector” means a veterinary inspector appointed for the purposes of these Regulations by the Minister.
2
Expressions in these Regulations which are not defined in paragraph (1) above and which appear in either of the Commission Decisions have the same meaning in these Regulations as they have for the purposes of the Decision in which they appear.
3
Any person appointed by the Minister or a local authority to be an inspector for the purposes of the Animal Health Act 1981 shall be deemed to have been appointed by the Minister or that authority to be an inspector for the purposes of these Regulations.
4
Any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations.
Requirements relating to bovine animals over 30 months of age
3
1
A person who has in his possession or under his charge a notifiable bovine animal which dies, or the carcase of a notifiable bovine animal, shall with all practicable speed, and in any event within 24 hours from the time when the animal dies or the carcase comes into his possession or charge, notify the fact to the Minister or, where the Minister has appointed an agent to receive notifications under this regulation on his behalf, to that agent.
2
Any veterinary surgeon or other person who, in the course of his duties —
a
examines or inspects any notifiable bovine animal which dies during the course of those duties; or
b
examines or inspects the carcase of any notifiable bovine animal,
shall with all practicable speed, and in any event within 24 hours from the time when the animal dies or the carcase is examined or inspected, notify the fact to the Minister or, where the Minister has appointed an agent to receive notifications under this regulation on his behalf, to that agent.
3
Where the Minister appoints an agent for the purposes of receiving notifications under this regulation on his behalf, the Minister shall publish by such means as he thinks fit, including by notice in The London Gazette, the name of the agent, his address and other relevant contact information and the date on and after which notifications under this regulation shall be made to the agent instead of to the Minister.
4
A person who has in his possession or under his charge on any premises a notifiable bovine animal which dies, or the carcase of a notifiable bovine animal, shall detain it on the premises until it has been collected by or on behalf of the Minister.
Powers of entry, examination, search and sampling etc.
4
1
An inspector shall, on producing if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises including any part of any premises occupied as a private dwelling —
a
for the purpose of ascertaining whether any notifiable bovine animal is being or has been kept on the premises; or
b
for the purpose of ascertaining whether there is or has been any contravention of, or failure to comply with, these Regulations.
2
If a justice of the peace, on sworn information in writing is satisfied that there is reasonable ground for entry into any premises (other than any premises occupied as a private dwelling) for any such purpose as is mentioned in paragraph (1) above and that either —
a
admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise an inspector to enter the premises, if need be by reasonable force.
3
An inspector entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
4
An inspector may —
a
inspect and examine any bovine animal or any carcase of a bovine animal on the premises;
b
make such tests in relation to, and take samples from, any bovine animal or any carcase of a bovine animal on the premises as he considers necessary for the purposes of these Regulations;
c
mark for identification purposes any bovine animal or carcase of any bovine animal on the premises;
d
examine any record in whatever form on the premises, and take copies of those records;
e
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with any records, and may require any person having charge of, or who is otherwise concerned with the operation of the computer, apparatus or material to afford him such assistance as he may reasonably require;
f
where records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
g
take with him such other person as he considers necessary for any purpose in relation to the enforcement of these Regulations; and
h
take with him a representative of the European Commission acting for any purposes in relation to the Commission Decisions.
Obstruction
5
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out 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.
Offences and penalties
6
1
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
contravenes or fails to comply with regulation 3(1), 3(2) or 3(4); or
b
knowingly causes or permits any such contravention or non-compliance,
shall be guilty of an offence.
2
A person guilty of an offence under these Regulations shall be liable —
a
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both.
Offences by bodies corporate
7
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 person 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 shall 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.
Enforcement
8
The provisions of these Regulations shall be executed and enforced by the local authority or by the Minister.
Amendment of the Bovine Spongiform Encephalopathy (No. 2) Order 1996
9
1
Article 11 of the Bovine Spongiform Encephalopathy (No 2) Order 1996 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), after the word “carcase” there shall be inserted the following words —
“or any blood derived from any carcase whether or not the carcase from which it is derived is seized, destroyed or disposed of by an inspector.”.
3
In paragraph (2) —
a
after the word “carcase”, where it first appears, there shall be inserted the following words —
“or any blood derived from any carcase.”; and
after the word “carcase” where it subsequently appears there shall be inserted the following words —
“or blood”.
4
In paragraph (3), after the word “carcases” there shall be inserted the following words —
“or any blood derived from the carcases”.
Amendment of the Cattle Identification Regulations 1998
10
1
The Cattle Identification Regulations 1998 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) after the definition of “local authority” there shall be inserted the following definition —
“notifiable bovine animal” means a bovine animal over 30 months of age which —
dies on any farm or in transport; or
has been killed otherwise than for human consumption;
.
3
In regulation 26(1) at the beginning of paragraph (1) there shall be inserted the following words —
“Subject to paragraph (1A) below,”.
4
In regulation 26, after paragraph (1) there shall be inserted the following paragraph —
1A
If a notifiable bovine animal with a cattle passport dies, the keeper will be treated as having complied with paragraph (1) above if, on notifying the fact in accordance with regulation 3(1) of the BSE Monitoring (England) Regulations 2001, the keeper surrenders the cattle passport to the Minister or, where the Minister has appointed an agent to receive notifications, to that agent.
.
Amendment of the Cattle (Identification of Older Animals) Regulations 2000
11
1
The Cattle (Identification of Older Animals) Regulations 2000 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1), after the definition of “local authority” there shall be inserted the following definition —
“notifiable bovine animal” means a bovine animal over 30 months of age which —
dies on any farm or in transport; or
has been killed otherwise than for human consumption;
.
3
In regulation 9 at the beginning there shall be inserted the following words —
1
Subject to paragraph (2) below
.
4
In regulation 9, after paragraph (1) there shall be inserted the following paragraph —
2
If a notifiable bovine animal with a registration certificate dies, the keeper will be treated as having complied with paragraph 1 above if, on notifying the fact in accordance with regulation 3(1) of the BSE Monitoring (England) Regulations 2001, the keeper surrenders the registration certificate to the Minister or, where the Minister has appointed an agent to receive notifications, to that agent.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
1st May 2001


text:
1
1
This Order may be cited as the Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) Order 2001 and shall come into force on 17th April 2001.
2
In this Order “the 1996 Order ” means the Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996 .
3
This Order extends to England and Wales only.
2
Schedule 1 to the 1996 Order (countries and territories designated for the purposes of sections 39 and 40 of the Drug Trafficking Act 1994) shall be amended as follows —
a
by the insertion, at the appropriate places in alphabetical order, of the entries for the countries and territories specified in the Schedule to this Order (including, where so specified, the appropriate authority for a country or territory);
b
by the insertion, opposite the entry for Ireland, of the following entry — “The Department of Justice, Equality and Law Reform”; and
c
by the insertion, opposite the entry for Portugal, of the following entry — “The Ministry of Justice”.
3
The Appendix to the 1996 Order, which describes when proceedings are instituted in a designated country, shall be amended by the insertion, after the entry for Thailand, of the following —
Trinidad and Tobago
a
when an information or complaint is laid before the magistrate;
b
when a person is charged with an offence;
c
when a bill of indictment is preferred;
d
when a warrant of arrest is executed against a person
.
A. K. Galloway,
Clerk of the Privy Council


text:
1
This Order may be cited as the General Teaching Council for England (Additional Functions) Order 2001 and shall come into force on 1st May 2001.
2
In addition to their other functions the Council shall assist the Secretary of State in relation to the exercise of his power under section 218(2) of the Education Reform Act 1988 to determine, in accordance with regulations made under that provision, whether a person is a qualified teacher by —
a
at the Secretary of State’s request —
i
giving him advice about or assistance with, or
ii
making a recommendation to him about,
any exercise of his function of determining that a person is a qualified teacher;
b
providing information and advice to the public about the requirements for, and different methods of, becoming a qualified teacher; and
c
at the Secretary of State’s request, carrying out administrative tasks connected with his function of determining that a person is a qualified teacher.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
26th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Units of Measurement Regulations 2001 and shall come into force on 8th February 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Weights and Measures Act 1985 , and
“ the Regulations ” means the Units of Measurement Regulations 1986 .
Amendment of the Act
3
1
The Act shall be amended as follows.
2
In section 8(5A) , after the words “the use for trade” there shall be inserted “up to and including 31 December 2009,”.
Amendment of the Regulations
4
1
The Regulations shall be amended as follows.
2
In regulation 7, after the words “specified circumstances”, there shall be inserted “up to and including 31 December 2009”.
3
In paragraph 1 of Schedule 1, the text under the table which appears beneath the heading “Special name and symbol of the SI unit of temperature for expressing Celsius temperature.” shall be replaced as follows:
Celsius temperature t is defined as the difference t = T − T o between the two thermodynamic temperatures T and T o where T o = 273, 15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit “degree Celsius” is equal to the unit “kelvin”.
.
4
In paragraph 2 of Schedule 1, the definitions of the SI supplementary units shall be replaced as follows:
Unit of plane angle
The radian is the angle between two radii of a circle which cut off on the circumference an arc equal in length to the radius.
(International standard ISO 31-1: 1992. British Standard BS 5775-1:1993)
Unit of solid angle
The steradian is the solid angle of a cone which, having its vertex in the centre of a sphere, cuts off on the surface of the sphere an area equal to that of a square with sides of length equal to the radius of the sphere.
(International standard ISO 31-1: 1992. British Standard BS 5775-1:1993).
5
Paragraph 4 of Schedule 1 shall be replaced by the following:
Units used with the SI, whose values in SI are obtained experimentally
4
Quantity
Note: The prefixes and their symbols listed in Schedule 2 may be used in conjunction with these two units and with their symbols.
Energy Electronvolt eV The electron volt is the kinetic energy acquired by an electron in passing through a potential difference of 1 volt in vacuum. Mass Unified atomic mass unit u The unified atomic mass unit is equal to 1/12 of the mass of an atom of the nuclide 12 C
.
6
In Schedule 2, the table below the heading shall be replaced by the following:
Factor Prefix Symbol Factor Prefix Symbol
10 24 yotta Y 10 −1 deci d 10 21 zetta Z 10 − 2 centi c 10 18 exa E 10 −3 milli m 10 15 peta P 10 − 6 micro μ 10 12 tera T 10 −9 nano n 10 9 giga G 10 −12 pico p 10 6 mega M 10 −15 femto f 10 3 kilo k 10 − 18 atto a 10 2 hecto h 10 − 21 zepto z 10 1 deca da 10 −24 yocto y
.
Kim Howells
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
10th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 2001 and shall come into force on 31st May 2001.
2
In this Order —
a
“the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 ;
b
“Table A of Schedule 1” means Table A (internal or external use) of Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order);
c
“Table B of Schedule 1” means Table B (external use only) of Schedule 1 to the principal Order.
Amendment of Article 1 of the principal Order
2
In article 1 of the principal Order (interpretation) —
a
there is inserted in article 1(2)(a) immediately after the definition of “irrigation” the definition —
“Maximum amount released” means the maximum amount of the substance by weight released by a product during the period for which the product is to be applied continuously to the skin;
; and
b
there is inserted in article 1(3)(a) immediately after the abbreviation of “gram” the abbreviation —
“hrca” for hours of continuous application
.
Amendment of Schedule 1 to the principal Order
3
For article 1(1) of Schedule 1 to the principal Order there shall be substituted the following: —
1
a substance listed in column 1 of Table A where —
a
the maximum strength of the substance in the medicinal product does not exceed the maximum strength, if any, specified in column 2 of Table A; and
b
the maximum amount released of the substance by the product does not exceed the maximum amount released, if any, specified in column 2 of Table A;
.
Amendment of Table A of Schedule 1 to the principal Order
4
1
In the heading of column 2 of Table A of Schedule 1 to the principal Order for the words “Maximum strength” there are substituted the words “Maximum strength or maximum amount released”.
2
In Table A of Schedule 1 to the principal Order —
a
there is inserted in column 1, at the appropriate place in the alphabetical order of entries as they appear in that column, the entry “Gum Ammoniacum”;
b
against the entry in column 1 for “Cetylpyridinium Chloride” —
i
in column 3, there are inserted the entries —
1
All preparations other than liquid preparations for oral administration
2
Liquid preparations for oral administration
; and
ii
in column 4, the entry “3 mg (MD)” is numbered “(1)” and, after that entry, there is inserted the entry “(2) 5 mg (MD)”; and
c
against the entry in column 1 for “Nicotine” —
i
in column 2, for the entry “2 mg” there is substituted the entry “(1) 4 mg” and, after that entry, there are inserted the entries “(2) 1 mg”, “(3) 15 mg in 16 hrca”, and “(4) 21 mg in 24 hrca”;
ii
in column 3, there are inserted the entries —
1
Chewing gum
2
Lozenges
3
Transdermal patches for continuous application to the skin for a period of 16 hours
4
Transdermal patches for continuous application to the skin for a period of 24 hours
; and
iii
in column 3, for the entry “Chewing gum for the relief of nicotine withdrawal symptoms as an aid to smoking cessation only” there is substituted the entry “In relation to any of the preparations (1), (2), (3) and (4), for the relief of nicotine withdrawal symptoms as an aid to smoking cessation only”.
Amendment of Table B of Schedule 1 to the principal Order
5
In Table B of Schedule 1 to the principal Order against the entry in column 1 for “Clotrimazole” , in column 3 there is subsituted for the entry “For treatment of tinea pedis (athlete’s foot) only”, the entry “Powders for the prevention of, or as an adjunct to the treatment of, tinea pedis (athlete’s foot), and all preparations other than powders, for the treatment of tinea pedis”.
Signed by Authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
10th May 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
10th May 2001