text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations 2002; they extend to England and come into force at 8.00 p.m. on 17th January 2002.
2
These Regulations shall apply until midnight on 28th February 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved” means approved in accordance with regulation 3;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC as last amended by Commission Decision 2002/37/EC (amending for the sixth time Decison 2001/740/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom );
“dispatch” means dispatch from a place within the restricted area to a place outside the restricted area and includes consigning for dispatch;
“export” means export outside the British Islands and includes consigning for export;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations or by the Minister of Agriculture, Fisheries and Food or a local authority for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin );
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“official veterinary surgeon” means a person appointed as such under regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“restricted area” means the British Islands other than Northern Ireland and the Isle of Man; and
“veterinary inspector” means a veterinary surgeon appointed for export certification by the Secretary of State or the Minister.
2
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
3
A notice under these Regulations shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Approvals
3
1
The Secretary of State shall approve premises for the purposes of these Regulations if she is satisfied that the occupier of the premises will comply with the conditions of these Regulations.
2
Any approval shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time, and in particular may be suspended or revoked if the Secretary of State is reasonably of the opinion that the provisions of these Regulations are not being complied with.
3
Any requirement for approved premises shall be fulfilled if the premises are in a part of the British Islands outside England and are approved by the relevant authority for the purposes of the Decision.
Importation of live animals
4
1
No person shall import any live animal of species susceptible to foot-and-mouth disease into England from another member State.
2
Paragraph (1) shall not apply in relation to animals brought into one of the areas in Schedule 2 under the following conditions —
a
the transport must be subject to authorisation by the competent authorities at the place from which the animals are sent;
b
the Secretary of State must be notified by those competent authorities, at least three working days before arrival in England, of the details of the consignment, the journey and the port of arrival;
c
before the animals are imported the importer must have obtained a movement licence under the Foot-And-Mouth Disease Order 1983 permitting movement from the port of import to the place of destination;
d
the animals must enter through a port specified in Schedule 1;
e
when animals are brought in by road, each vehicle must contain only a single consignment;
f
the consignment must be taken directly to a single holding in an area specified in Schedule 2;
g
after unloading the animals, and before the vehicle departs from Great Britain, the empty vehicle must be moved under a licence issued by an officer of the local authority or the Secretary of State to cleansing and disinfection premises approved by the Secretary of State;
h
after cleansing and disinfection the Secretary of State shall issue a certificate in the form set out in Schedule 3;
i
the driver of the vehicle shall keep the certificate with him until the vehicle leaves Great Britain and shall produce it to an inspector on demand.
Dispatch of live animals
5
1
No person shall dispatch any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Secretary of State may by licence in writing authorise the dispatch of biungulate animals originating outside the restricted area if the animals travelled through that area in direct and uninterrupted transit on main roads or by rail or sea.
3
Without prejudice to the provisions of Council Directive 64/432/EEC (on animal health problems affecting intra-Community trade in bovine animals and swine ), Council Decision 98/256/EC (concerning emergency measures to protect against bovine spongiform encephalopathy ) and the restriction on movement imposed under the foot-and-mouth disease Order, the prohibition in paragraph (1) shall not apply in relation to the dispatch of live animals of species susceptible to foot-and-mouth disease under the following conditions —
a
the animals belong to a species specified in the appropriate column in Schedule 2;
b
the animals must have been reared within and are despatched from the areas specified in the appropriate column in Schedule 2;
c
the dispatch has been authorised in writing by the Secretary of State;
d
there has been no outbreak of foot-and-mouth disease in the administrative area or areas in which the animal has been reared during the 90 days prior to dispatch;
e
during the 30 days prior to dispatch the animals must be subject to the supervision of the relevant veterinary authority on a single holding situated within the areas listed in the appropriate column of Schedule 2 in the centre of a circle around the holding of at least 10 kilometres radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
f
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding during the past 30 days prior to loading, except in the case of animals coming from a supplying holding which meets the requirements laid down in sub-paragraph (e), in which case the period shall be 7 days;
g
during transport the animals must not come into contact with animals not from the same holding of dispatch, unless all the animals are consigned for direct slaughter and pure-bred breeding pigs, in which case they may be collected during the journey from not more than three holdings which meet the requirements of sub-paragraph (e);
h
animals for breeding or production must not be consigned to more than three holdings of destination, which must all be in the same member State (except in the case of pure-bred breeding pigs which have been collected during the journey from more than one holding, which may be consigned to a single holding of destination only);
i
the animals must be transported in means of transport that have been cleansed and disinfected before loading or collecting for dispatch;
j
the health certificates provided for in Council Directive 64/432/EEC accompanying the animals shall bear the following words —
Animals conforming to Commission Decision 2001/740/EC of 19 October 2001 concerning certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Movement of animals between holdings which are in the same occupancy and which have been granted a sole occupancy licence under article 31 of the Foot-And-Mouth Disease Order 1983 shall be disregarded for the purposes of establishing when animals were last moved on to a holding.
Dispatch of fresh meat, minced meat and meat preparations
6
1
No person shall dispatch any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the restricted area or obtained from animals originating in that area.
2
In paragraph (1), the reference to “fresh meat” includes minced meat and meat preparations to which Council Directive 94/65/EC (laying down the requirements for the production and placing on the market of minced meat and meat preparations ) applies.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat, minced meat or meat preparations obtained before 1st February 2001, provided that the meat, minced meat or meat preparation is clearly identified and since that date has been transported and stored separately from meat, minced meat or meat preparations which is not destined for dispatch; or
b
fresh meat obtained from approved cutting plants under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area, or fresh meat obtained from animals reared and slaughtered within the areas listed in Schedule 2;
ii
cleansing and disinfection must be carried out after processing any meat not meeting the requirement in paragraph (3)(b)(i);
iii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on health problems affecting the production and marketing of meat products and certain other products of animal origin ) or, in the case of meat from farmed game of species susceptible to foot-and-mouth disease, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat ) or in the case of wild game of species susceptible to foot-and-mouth disease, in accordance with the provisions of Annex I of Chapter VII of Council Directive 92/45/EC (on public health and animal health problems relating to the killing of wild game and the placing on the market of wild game meat );
iv
the cutting plant must be operated under strict veterinary control; and
v
the meat must be clearly identified, transported and stored separately from meat, minced meat and meat preparations which is not destined for dispatch;
c
minced meat and meat preparations obtained from establishments approved under the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and also approved under these Regulations under the following conditions —
i
the only meat processed in the establishment at the time of processing meat eligible for dispatch under these Regulations is fresh meat described in sub-paragraph (a), fresh meat from animals reared and slaughtered outside the restricted area or fresh meat obtained from animals reared and slaughtered within the areas listed in Schedule 2;
ii
cleansing and disinfection must be carried out after processing any meat not meeting the requirement in paragraph (3)(c)(i);
iii
all the minced meat and meat preparations must bear the health mark in accordance with Chapter VI of Annex 1 to Council Directive 94/65/EC ;
iv
the plant must be operated under strict veterinary control; and
v
the minced meat and meat preparations must be clearly identified and transported and stored separately from meat, minced meat and meat preparations which are not destined for dispatch;
d
fresh meat, minced meat or meat preparations obtained from bovine, ovine, caprine or porcine animals or farmed game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from animals reared within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal is sourced during the 90 days prior to dispatch;
iii
during the 30 days prior to transport to the slaughterhouse the animals have remained subject to the supervision of the relevant competent authority on a single holding situated within the areas listed in Schedule 2 in the centre of a circle around the holding of at least 10 kilometres radius where there has been no outbreak of foot-and-mouth disease during at least the past 30 days;
iv
no animal of species susceptible to foot-and-mouth disease has been introduced into the holding referred to in sub-paragraph (d)(iii) above during the past 30 days prior to loading, or in the case of farmed game prior to on-farm slaughtering, except in the case of porcine or bovine animals coming from a supplying holding which meets the requirements laid down in that sub-paragraph, in which case this period shall be 7 days;
v
the animals, or in the case of farmed game slaughtered on the farm, the carcases, must be transported under licence in writing granted by an officer of the local authority where the holding is situated, from the holding to an approved establishment situated in a county in England listed in Schedule 2;
vi
the means of transport must be cleansed and disinfected before the animals (or, in the case of farmed game, the first carcases) of a consignment are loaded or collected;
vii
the person consigning the animals to the slaughterhouse must give at least 72 hours written notice to the official veterinary surgeon at the slaughterhouse that animals the meat of which is intended for dispatch under this paragraph will be sent to the slaughterhouse;
viii
the animals must be slaughtered within 24 hours of arrival at the establishment separately from animals whose meat is not eligible for dispatch;
ix
during inspection by the official veterinary surgeon at the slaughterhouse no evidence of clinical or post-mortem signs of foot-and-mouth disease were established;
x
the meat derived from such animals remained in the establishment for at least 24 hours after slaughter;
xi
all fresh meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC or in the case of farmed game the health mark provided for in Chapter III of Annex I of Council Directive 91/495/EEC ;
xii
the slaughterhouse must be operated under strict veterinary control;
xiii
in the case where foot-and-mouth disease has been diagnosed in the slaughterhouse, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xiv
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
e
fresh meat obtained from wild game of species susceptible to foot-and-mouth disease and conforming to the following conditions —
i
the meat must be obtained from wild game killed within the areas specified for the respective category of meat in the appropriate column in Schedule 2;
ii
there has been no outbreak of foot-and-mouth disease in the administrative area from which the animal was sourced during the 90 days prior to dispatch;
iii
the meat originates from animals killed at least 20 kilometres from areas not included in Schedule 2;
iv
after the animals were killed, the carcases were handled in accordance with the provisions of Annex I, Chapter III of Council Directive 92/45/EC and transported to an establishment which is either a wild game collection centre or an approved processing house, for chilling;
v
the wild game collection centre or the approved processing house must be in an area in Schedule 2;
vi
the person consigning the carcases to the collection centre or approved processing house must give at least 72 hours written notice to the official veterinary surgeon responsible for the collection centre or approved processing house that game which is intended for dispatch under this paragraph will be sent;
vii
during post-mortem inspection by the official veterinary surgeon the carcases were found free of lesions of foot-and-mouth disease;
viii
the meat derived from the animals remained in the establishment for at least 24 hours after the post-mortem inspection;
ix
at all stages of production the meat must have been handled in accordance with the requirements of Council Directive 92/45/EEC ;
x
the meat must bear the health mark in accordance with Chapter VII of Annex I to Council Directive 92/45/EEC ;
xi
the establishment must be operated under strict veterinary control;
xii
in the case where foot-and-mouth disease has been diagnosed in the establishment, any further preparation of meat for dispatch shall only be authorized after the slaughter of all animals present, removal of all meat and dead animals and not earlier than 24 hours after the completion of the total cleaning and disinfection of the establishment under the control of a veterinary inspector;
xiii
the fresh meat must be clearly identified, and transported and stored separately from meat which is not eligible for dispatch;
f
fresh meat destined for placing on the market in Great Britain and obtained from cutting plants situated in the British Islands outside the areas listed in Schedule 2 under the following conditions —
i
the meat is derived from animals reared and slaughtered in Great Britain;
ii
the meat remained in the slaughterhouse for at least 24 hours after slaughter;
iii
the cutting plants processing the meat are approved by the competent authority exclusively for the production of fresh meat destined for dispatch only within the United Kingdom;
iv
all such meat shall be transported, stored and processed separately from meat eligible for dispatch and shall bear the health mark in accordance with Commission Decision 2001/304/EC (on marking and use of certain animal products in relation to Decision 2001/172/EC );
v
all meat originating in the restricted area and processed in cutting plants referred to in sub-paragraph (f)(iii) shall only be placed on the market in the restricted area;
vi
the plants must be operated under strict veterinary control.
4
Movement of bovine or porcine animals between holdings which are in the same occupancy and which have been granted a sole occupancy licence under article 31 of the Foot-And-Mouth Disease Order 1983 shall be disregarded for the purposes of establishing when animals were last moved on to a holding.
5
Meat, minced meat or meat preparations consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of meat products
7
1
No person shall dispatch meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the restricted area or prepared using meat obtained from animals originating in that area.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for dispatch;
b
meat products prepared in approved establishments which at the time of processing of meat eligible for dispatch met the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 6(3);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the restricted area;
iii
all meat products must bear the health mark in accordance with Chapter VI of Annex B to Council Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for dispatch; or
c
meat products prepared in parts of the United Kingdom outside the restricted area using meat obtained before 1 February 2001 from the restricted area provided that the meat and meat products are clearly identified and transported and stored separately from meat and meat products not destined for dispatch.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to meat products treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk
8
1
No person shall dispatch milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation so as to produce a negative reaction to the peroxidase test or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in approved establishments under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals reared and milked outside the restricted area;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; and
d
transport of raw milk from outside the restricted area to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of milk products
9
1
No person shall dispatch milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 8;
c
milk products destined for dispatch to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations which ensures the inactivation of the foot-and-mouth disease virus;
d
milk products intended for human consumption produced from milk of a pH less than 7.0 and subjected to heat treatment at a temperature of at least 72°C for at least 15 seconds or an equivalent treatment;
e
milk products intended for human consumption produced from raw milk of bovine, ovine or caprine animals which have been resident for at least 30 days on a holding situated, within the restricted area, in the centre of a circle of at least 10 km radius where no outbreak of foot-and-mouth disease has occurred during the 30 days prior to producing the raw milk, and which are subject to a maturation or ripening process of at least 90 days during which the pH is lowered below 6.0 throughout the substance, and the rind of which has been treated with 0.2% citric acid immediately prior to wrapping or packaging.
3
The prohibitions described in paragraph (1) shall not apply to —
a
milk products prepared in approved establishments under the following conditions —
i
all milk used in the establishment must either conform to the conditions of regulation 8(2) or be obtained from animals outside the restricted area;
ii
all milk products used in the final product must either conform to the conditions of paragraph (2)(a) or (b) of this regulation or be made from milk obtained from animals outside the restricted area;
iii
the milk products must only be intended for human consumption and all milk products used in the final product will either conform to the conditions of paragraphs 3(a) (i) and (ii) above or meet the conditions of paragraph (2)(d) or (2)(e) of this regulation;
iv
the establishment shall be under strict veterinary control; and
v
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for dispatch; or
b
milk products prepared in parts of the United Kingdom outside the restricted area using milk obtained before 1 February 2001 from the restricted area provided that the milk products are clearly identified and transported and stored separately from milk products not destined for dispatch.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and the milk products have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
6
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b), (d) or (e) and which have been treated in hermetically sealed containers so as to ensure they are shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
Dispatch of semen, ova and embryos
10
1
No person shall dispatch semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
frozen bovine and porcine semen produced before 1st February 2001; or
b
frozen bovine and porcine semen and bovine embryos imported into the United Kingdom in accordance with the conditions laid down in —
i
Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species );
ii
Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ); and
iii
Council Directive 90/429/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species );
and which since introduction into the United Kingdom have been stored and transported separately from semen and embryos to which the prohibition in paragraph (1) applies;
c
frozen bovine and porcine semen produced in accordance with the provisions of Council Directive 88/407/EEC or Council Directive 90/429/EEC after 30th September 2001 and also approved under these Regulations, subject to the following conditions —
i
the donor bull or boar showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
ii
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
iii
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
iv
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
v
the donor bull or boar showed a negative response to a test for antibodies against foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen, except that this test is not required for donor animals accommodated in semen collection centres situated in any area specified in Schedule 2;
vi
prior to dispatch the frozen semen was stored for a period of at least 30 days immediately following collection and during the first 30 days of the storage period no animal in the semen collection centre where the donor boar or bull was kept showed any sign of foot-and-mouth disease;
vii
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
viii
all semen collected, processed and frozen in the semen collection centre was dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
3
The health certificate provided for in Council Directive 88/407/EEC accompanying frozen bovine semen consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
The health certificate provided for in Council Directive 90/429/EC accompanying porcine semen to other member States shall bear the following words —
Frozen porcine semen conforming to Commission Decision 2001/740/EC of 19th October 2001 on certain protective measures with regard to foot-and-mouth disease in the United Kingdom
.
Dispatch of hides and skins
11
1
No person shall dispatch hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 14.
Dispatch of animal products
12
1
No person shall dispatch animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall dispatch dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70oC;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65oC for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check;
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check; or
iv
a treatment as provided for in Chapter 4 of Annex I to Council Directive 92/118/EEC ;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations;
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC ; or
i
packed products intended for use as in-vitro diagnostic or laboratory reagents.
4
The animal products must be accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 14 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 14.
8
Paragraph (4) shall not apply to products specified in sub-paragraph (i) of paragraph (3) if they are accompanied by a commercial document stating that the products are for use as in-vitro diagnostic or laboratory reagents, provided that the products are clearly labelled “for in-vitro diagnostic use only” or “for laboratory use only”.
Exemptions
13
The prohibitions in regulations 7, 8, 9 and 12 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment in the restricted area approved by the Secretary of State or the Minister from pre-processed products originating outside that area which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for dispatch; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
14
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
3
In case of products for retail sale to the final consumer, a consolidated load of products other than fresh meat, minced meat and meat preparations, each of which is eligible for dispatch in accordance with these Regulations, may be dispatched from approved premises accompanied by a commercial document endorsed by the attachment of a copy of an official veterinary certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate which —
a
confirms that the premises of dispatch has in place a system to ensure that goods can only be dispatched if they are traceable to documentary evidence of compliance with these Regulations;
b
confirms that this system has been audited and found satisfactory;
c
refers to the Decision;
d
is valid for 30 days;
e
states the expiry date; and
f
is renewable only after the establishment had been audited with satisfactory results.
Third country certificates
15
No person shall dispatch anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Secretary of State or the Minister and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Dispatch of equidae
16
Any person dispatching equidae shall ensure that they are accompanied by a health certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
Offers to dispatch or export
17
No person shall offer to dispatch or export, or accept orders for the dispatch or export of, anything prohibited from being dispatched or exported by these Regulations, whether on the internet or otherwise.
Powers of inspectors
18
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
19
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments of animals
20
1
Where an inspector knows or suspects that animals are intended for dispatch and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the dispatch of the animals in the consignment until he is satisfied that the animals comply with the Regulations.
2
No person shall dispatch anything subject to a notice served under this regulation unless it has been revoked.
3
Animals imported in contravention of these Regulations shall be dealt with as specified in regulation 13 of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 .
Illegal consignments of products
21
1
This regulation shall have effect when an inspector, on reasonable grounds, suspects that anything other than animals is intended to be dispatched in contravention of these Regulations.
2
The inspector may either —
a
give notice to the person in charge of the consignment that, until the notice is withdrawn, it may not be removed or must be removed to and stored in a place specified in the notice; or
b
seize it and remove it in order to have it dealt with by a justice of the peace.
3
Where an inspector exercises the power conferred by paragraph (2) (a) he shall as soon as is reasonably practicable and in any event within 21 days, determine whether the consignment is one which may be dispatched under these Regulations, and —
a
if he is satisfied that its dispatch is not in contravention of these Regulations, he shall withdraw the notice;
b
if he is not so satisfied, shall seize it and remove it in order to have it dealt with by a justice of the peace.
4
Where an inspector seizes a consignment under paragraph (2)(b) or (3)(b), he shall inform the person appearing to him to be in charge of the consignment of his intention to have it dealt with by a justice of the peace, and —
a
any person who might be liable for prosecution under these Regulations in relation to the dispatch shall, if he attends before the justices of the peace by whom the consignment falls to be dealt with, be entitled to be heard and to call witnesses; and
b
the justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under these Regulations in relation to that consignment.
5
If it appears to a justice of the peace that there was an intention to dispatch the consignment in contravention of these Regulations he shall, unless he is satisfied that the consignment can be returned to the owner without risk of a further attempt to dispatch it in contravention of these Regulations, order that the consignment shall be destroyed or otherwise disposed of so as to prevent it from being despatched.
6
When under the preceding paragraph a justice of the peace is satisfied that there was an intention to dispatch a consignment in breach of these Regulations, the owner, the consignor and the consignee shall be jointly and severally liable for the costs reasonably incurred in its removal to storage, its storage and its destruction or disposal.
7
Where a notice served under this regulation is withdrawn or the justice of the peace refuses to make an order under paragraph (5), the body who appointed the inspector who served the notice shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector; but this paragraph shall not apply if the notice was served because the consignment was not accompanied by the correct documentation, and the consignment was detained until the correct documentation was provided.
Fees
22
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out for the purposes of establishing the eligibility for dispatch of products under these Regulations a reasonable fee in respect of costs reasonably incurred.
Obstruction
23
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Furnishing false information
24
No person shall furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
Offences by bodies corporate
25
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
26
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 17 or regulation 23(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, approvals, etc. issued in another part of the British Islands
27
1
Where these Regulations require any certificate, licence or approval to be issued or granted by the Secretary of State in England, an equivalent certificate, licence or approval issued in another part of the British Islands by the relevant competent authority is valid.
2
Where these Regulations require anything to be processed in approved premises in England, anything processed in premises approved for those purposes in another part of the British Islands shall be treated as if it had been processed in approved premises in England.
Enforcement
28
These Regulations shall be enforced by the Secretary of State or the local authority.
Revocations
29
The Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2002 are revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
4.45 p.m. 4th January 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Elected Mayor and Mayor’s Assistant) (England) Regulations 2002 and shall come into force on 6th May 2002.
2
These Regulations apply in relation to local authorities in England only.
3
In these Regulations “the 1989 Act ” means the Local Government and Housing Act 1989 .
Elected mayor to be treated as councillor
2
An elected mayor of a local authority is to be treated as a councillor of the local authority for the purposes of the following enactments —
a
subsections (2) and (3) of section 2 of the Coroners Act 1988 (qualification for appointment as coroner);
b
subsections (1), (3), (4) and (5) of section 18 of the 1989 Act (schemes for basic, attendance and special responsibility allowances for local authority members);
c
paragraph 2(6) of Schedule 7 to the Environment Act 1995 (local authority members of National Park Authorities);
d
regulation 2 of the Local Authorities (Members' Interests) Regulations 1992 (interpretation); and
e
paragraph 2 of Schedule 6 to the Motor Vehicles (Driving Licences) Regulations 1999 (evidence of identity of test candidates).
Appointment of elected mayor’s assistant
3
1
An elected mayor of a local authority may appoint not more than one person (an “assistant”) to provide assistance to him.
2
Any appointment of an assistant is an appointment as an employee of the authority.
3
No appointment of an assistant shall be such as to extend beyond —
a
the term of office for which the elected mayor was elected; or
b
where the elected mayor ceases to be the elected mayor before the end of the term of office for which he was elected, the date on which he ceases to hold that office.
4
Subject to paragraphs (7) and (8), an assistant shall be employed on such terms and conditions (including conditions as to remuneration) as the elected mayor thinks fit, within the financial resources available to the authority.
5
Where the elected mayor appoints an assistant, he shall report to the authority in writing —
a
the name of the assistant; and
b
the terms and conditions on which the assistant has been appointed.
6
An assistant is to be regarded for the purposes of Part I of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under the local authority.
7
Subject to paragraph (8), section 9(1), (3), (4), (8), (8A), (8B) and (9) of the 1989 Act (assistants for political groups), and any order made by the Secretary of State under section 9(4a) of the 1989 Act, shall apply in relation to the appointment of an assistant as if any appointment to that post were the appointment of a person in pursuance of that section.
8
Subsection (3) of section 9 of the 1989 Act shall apply in relation to the appointment of an assistant as if the words from and including “and that the appointment terminates” to the end of that subsection were omitted.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
4th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Police (Retention and Disposal of Items Seized) Regulations 2002 and shall come into force on 10th June 2002.
Extent
2
These Regulations extend to England and Wales only.
Revocation
3
The Police (Retention and Disposal of Items seized under section 60 of the Criminal Justice and Public Order Act 1994) Regulations 1999 are hereby revoked in relation to England and Wales.
Interpretation
4
In these Regulations —
“owner” in relation to an item to which regulation 5 below applies means the person from whom it was seized, and “ownership” shall be construed accordingly;
“relevant officer” means the chief officer of the police force of which the constable by whom an item was seized is a member or, where the constable concerned is not a member of a police force, the person who has the direction and control of the body of constables in question;
“the 1994 Act ” means the Criminal Justice and Public Order Act 1994.
Retention and safe-keeping
5
1
This regulation applies to any item which has been seized by a constable under section 60 or 60AA of the 1994 Act , unless it is an item of property to which the Police (Property) Regulations 1997 apply.
2
An item to which this regulation applies shall be retained by, or in accordance with arrangements made by the relevant officer for the period set out in paragraph (3) below from the date on which it was seized unless, before the end of that period, the owner of the item has been ascertained and has made an application under regulation 6 below which has been successful.
3
The period referred to in paragraph (2) above shall be 2 months in the case of an item seized under section 60AA(2)(b) of the 1994 Act (items worn to conceal identity) and 6 months in the case of an item seized under section 60(6) of that Act (dangerous instruments and offensive weapons).
4
Any item to which this regulation applies and which is for the time being retained under paragraph (2) shall be kept safely and, so far as possible, in the same condition as when it was seized.
Disposal to the owner
6
1
The owner of an item to which regulation 5 above applies may, at any time within the period set out in paragraph (3) of that regulation, apply to the relevant officer for the item to be released to him.
2
An application under this regulation shall be made orally or in writing and shall be accompanied by evidence of ownership by the applicant.
3
Where the relevant officer is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings he shall arrange for the item concerned to be returned to the applicant.
Disposal otherwise than to the owner and destruction
7
1
After the expiration of the period set out in regulation 5(3) above or the determination of an unsuccessful application under regulation 6 above, whichever is the later, an item to which regulation 5 above applies shall, subject to paragraph (2) below, be destroyed or otherwise disposed of in accordance with the directions of the relevant officer.
2
Where further retention of such an item is, in the opinion of the relevant officer, necessary for the purposes of criminal proceedings, the item shall be retained until he is satisfied that retention is no longer necessary and then destroyed or otherwise disposed of in accordance with his directions.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
15th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2002 and shall come into force on 6th April 2002.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Secondary percentage for secondary Class 1 contributions
2
In both section 9 of the Act and section 9 of the Northern Ireland Act (calculation of secondary Class 1 contributions) in subsection (2) for “11.9” (percentage rate) substitute “11.8”.
Small earnings exception from Class 2 contributions
3
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions) in subsection (4) (small earnings exception) for “£3,955” substitute “£4,025”.
Amount of a Class 3 contribution
4
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of a Class 3 contribution) for “£6.75” substitute “£6.85”.
Lower and upper limits for Class 4 contributions
5
In each of sections 15(3) and 18(1) of the Act and sections 15(3) and 18(1) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£4,535” (lower limit) in each place where it appears, substitute “£4,615”; and
b
for “£29,900” (upper limit) substitute “£30,420”.
Prescribed percentage of estimated benefit expenditure — Great Britain
6
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 2002–03 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent.
Prescribed percentage of estimated benefit expenditure — Northern Ireland
7
Article 4(3) of the Social Security (Northern Ireland) Order 1993 (payments into the Northern Ireland National Insurance Fund out of appropriated money) shall have effect with respect to the tax year 2002–03 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Staffordshire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the South Staffordshire Health Authority ;
“the new Trust” means the South Staffordshire Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 14th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County Durham and Tees Valley Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the County Durham and Tees Valley Health Authority ;
“the new Trust” means the Durham Dales Primary Care Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 28th June 2002 and on behalf of the new Trust on 1st July 2002.
Transfer of trust property
2
1
On 30th September 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 9) Order 2002.
2
Section 57 of the Criminal Justice and Court Services Act 2000 (testing persons in police detention) shall come into force on 20th May 2002 within the following police areas only:
i
Bedfordshire;
ii
Devon and Cornwall;
iii
Lancashire;
iv
Merseyside;
v
South Yorkshire; and
vi
North Wales.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
23rd April 2002


text:
Citation and commencement
1
This Order may be cited as the North East Derbyshire Coalfields Education Action Zone (Extension) Order 2002 and shall come into force on 1st December 2002.
Interpretation
2
In this Order —
“North East Derbyshire Coalfields Education Action Zone” means the Education Action Zone established by the North East Derbyshire Coalfields Education Action Zone Order 1999 .
The extension of the North East Derbyshire Coalfields Education Action Zone
3
The North East Derbyshire Coalfields Education Action Zone is extended for a further period of two years beginning with 1st December 2002.
David Miliband
Minister of StateDepartment for Education and Skills
7th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Pennine Acute Hospitals National Health Service Trust (Establishment) and the Bury Health Care National Health Service Trust, the Rochdale Healthcare National Health Service Trust, the Oldham National Health Service Trust and the North Manchester Healthcare National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 28th January 2002.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means the date on which article 3(1) of this Order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Pennine Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called The Pennine Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from the Trust’s headquarters at Westhulme Avenue, Oldham, Lancashire OL1 2PN,
and at or from Fairfield General Hospital, Rochdale Old Road, Bury, Lancashire BL9 7TD,
Birch Hill Hospital, Rochdale, Lancashire OL12 9QB,
Rochdale Infirmary, Whitehall Street, Rochdale, Lancashire OL12 0NB,
The Royal Oldham Hospital, Rochdale Road, Oldham, Lancashire OL1 2JH,
North Manchester General Hospital, Delaunays Road, Crumpshall, Manchester M8 5RB.
and at or from any associated hospitals, establishments and facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of the trust
4
1
The trust shall have in addition to the chairman 7, non-executive directors and 7 executive directors.
2
One of the non-executive directors shall be appointed from the University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment.
Assistance by Health Authorities before the operational date
7
The West Pennine Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust.
Dissolution of NHS trusts
8
1
The Bury Health Care National Health Service Trust established by the Bury Health Care National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
2
The Rochdale Healthcare National Health Service established by the Rochdale Healthcare National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
3
The Oldham National Health Service Trust established by the Oldham National Health Service Trust (Establishment) Order 1991 is dissolved, and accordingly that Order is revoked.
4
The North Manchester Healthcare National Health Service Trust established by the North Manchester Healthcare National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Council for Professions Supplementary to Medicine (Transfer of Staff and Property etc.) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ Council ” means the Health Professions Council established by article 3 of the Health Professions Order 2001;
“ CPSM ” means the Council for Professions Supplementary to Medicine ;
“date of transfer” means 1st April 2002; and
“ the Order ” means the Health Professions Order 2001.
Transfer of staff
2
An eligible employee who immediately before the date of transfer was employed by the CPSM and whose employment would have continued but for the dissolution of the CPSM shall transfer on the date of transfer to the Council.
Transfer of property, rights and liabilities
3
1
Subject to the other provisions of this article, on the date of transfer, all the property, rights and liabilities of the CPSM shall transfer to and vest in the Council.
2
Paragraph (1) is to have effect notwithstanding any provision which would otherwise prevent, penalise or restrict the transfer of the property.
3
A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of any transfer of any property by virtue of paragraph (1).
4
In the case of such a transfer, any such right is to have effect as if the Council were the same person in law as the CPSM and as if no transfer of the property had taken place.
5
Liabilities of any member of the CPSM, which were incurred in pursuance of their duties as a member, shall, on the date of transfer, transfer to and vest in the Council.
Provision for continuity in the exercise of functions
4
Anything done by or on behalf of or in relation to the CPSM in the exercise of its functions shall be treated as from the date of transfer as having been done by or on behalf of or in relation to the Council.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 and shall come into force on 5th June 2002.
2
These Regulations extend to England only .
3
In these Regulations —
“ the Act ” means the Health and Social Care Act 2001;
“the approved pilot scheme” has the meaning given to it in regulation 8(2)(b);
“designation” means a designation made by a Health Authority under regulation 3(1);
“the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“the relevant date” has the meaning given to it in regulation 8(6); and
“the relevant pilot scheme” has the meaning given to it in regulation 3(3).
4
In these Regulations —
a
a reference to the approval of a pilot scheme is a reference to the approval of proposals for a pilot scheme by the Secretary of State under paragraph 3(1)(a) or (b) of Schedule 2 to the Act, and “approve” shall be construed accordingly;
b
a reference to the rejection of a pilot scheme is a reference to the rejection of proposals for a pilot scheme by the Secretary of State under paragraph 3(1)(c) or 4(3)(c) of Schedule 2 to the Act, and “reject” shall be construed accordingly;
c
a reference to a pilot scheme which has been varied is a reference to proposals for a pilot scheme which have been approved by the Secretary of State but subsequently varied (prior to implementation) with the agreement of the Secretary of State or, as the case may be, in a manner authorised by directions given by the Secretary of State under paragraph 7(3) of Schedule 2 to the Act;
d
a reference to the implementation of a pilot scheme is a reference to the implementation of proposals for a pilot scheme by a Health Authority in accordance with paragraph 7 of Schedule 2 to the Act (making a scheme), and “implement” shall be construed accordingly; and
e
(unless the context otherwise requires) any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Local pharmaceutical services
2
“Local pharmaceutical services” means services of a kind which may be provided under section 41 of the National Health Service Act 1977 or by virtue of section 41A of that Act, other than practitioner dispensing services , and which are provided under a pilot scheme.
Designation of priority neighbourhoods or premises
3
1
Subject to the following provisions of this regulation, for the purposes of section 30 of the Act, a Health Authority may designate neighbourhoods, premises, or descriptions of premises.
2
Subject to regulation 6(4), a Health Authority may make a designation if it is —
a
preparing proposals for a pilot scheme (whether for approval or for preliminary approval) or considering whether to prepare such proposals;
b
awaiting the decision of the Secretary of State regarding proposals for a pilot scheme which it has submitted (whether for approval or for preliminary approval); or
c
preparing to implement a pilot scheme which has been approved.
3
A designation must designate the neighbourhood in which, or the premises or description of premises at which, piloted services are to be provided under proposals for a pilot scheme, or under a pilot scheme which has been approved; and such a pilot scheme is referred to below in these Regulations as “the relevant pilot scheme”.
4
A designation must —
a
be made in writing and dated;
b
include a map showing the location of the neighbourhood or premises that have been designated; and
c
specify the relevant pilot scheme.
5
A Health Authority must give notice of a designation which it has made to —
a
any Local Pharmaceutical Committee formed for the area of that Health Authority or of an affected Health Authority;
b
any Local Medical Committee formed for the area of that Health Authority or of an affected Health Authority;
c
any person whose name is included in the pharmaceutical list of that Health Authority or of an affected Health Authority who, in the opinion of the Health Authority, might be affected by the designation;
d
any person whose name is included in the dispensing doctor list of that Health Authority or of an affected Health Authority who, in the opinion of the Health Authority, might be affected by the designation; and
e
any Community Health Council serving the area of that Health Authority or of an affected Health Authority.
6
A Health Authority must make available for inspection at its offices copies of all designations which it has made, including any variations of such designations.
7
In this regulation —
a
“preliminary approval” means approval by the Secretary of State under paragraph 4(3)(a) or (b) of Schedule 2 to the Act (preliminary approval of proposals);
b
“affected Health Authority” means a Health Authority which must be consulted under paragraph 5(3) of Schedule 2 to the Act (effect of proposals on existing services);
c
“pharmaceutical list” shall be construed in accordance with regulation 4 of the principal Regulations (pharmaceutical lists); and
d
“dispensing doctor list” shall be construed in accordance with regulation 21B of the principal Regulations (dispensing doctor lists).
Variation of designations
4
1
A Health Authority may vary a designation which it has made if —
a
where the designation relates to a neighbourhood, the piloted services to be provided under the relevant pilot scheme are to be provided from a part only of that neighbourhood;
b
where the designation relates to premises, the piloted services to be provided under the relevant pilot scheme are to be provided from a part only of that premises; or
c
where the designation relates to a description of premises, the piloted services to be provided under the relevant pilot scheme are to be provided from certain only of the premises described.
2
A designation as varied must designate the neighbourhood, premises or description of premises as so changed, and must satisfy the conditions specified in regulation 3(4).
3
A Health Authority must give notice of a variation of a designation to those persons listed in regulation 3(5).
Reviews of designations
5
1
A Health Authority must regularly review a designation which it has made.
2
A Health Authority must conduct a review of a designation before the end of the period of six months beginning with the date of that designation or (as the case may be) the date of the last review of that designation.
3
When conducting a review of a designation, a Health Authority must take into account representations received from any person notified under regulation 3(5).
4
A Health Authority must notify those persons listed in regulation 3(5) of the outcome of a review of a designation.
Cancellation of designations
6
1
A Health Authority may at any time cancel a designation which it has made.
2
A Health Authority must cancel a designation which it has made —
a
if required to do so by a direction given by the Secretary of State under section 30(2)(d)(i) of the Act;
b
if, within a period of twelve months beginning with the date of a designation, proposals for the relevant pilot scheme have not been submitted to the Secretary of State for approval;
c
if the relevant pilot scheme has been rejected;
d
if there is a change to the neighbourhood in which, or the premises from which, piloted services are to be provided under the relevant pilot scheme, other than a change specified in regulation 4(1);
e
if, within a period of twelve months beginning with the date of the approval of the relevant pilot scheme, that scheme (or that scheme as varied) has not been implemented; or
f
upon implementation of the relevant pilot scheme (or that scheme as varied).
3
A Health Authority must give notice of a cancellation of a designation to those persons listed in regulation 3(5).
4
Where a Health Authority has cancelled a designation, it may not designate the same neighbourhood, premises or description of premises within a period of six months beginning with the date of the cancellation of the designation, except where the reason for the cancellation of the designation was the rejection of the relevant pilot scheme.
Requests to Health Authorities for preparation of proposals
7
1
A person who wishes to make a request must do so on the form supplied for that purpose by the Health Authority to which the request is to be made.
2
A Health Authority must, if asked to do so by any person who wishes to make a request —
a
provide that person with a copy of any directions given by the Secretary of State under paragraph 2(3) and (5)(b) of Schedule 2 to the Act (directions as to proposals and recommendations); and
b
specify the matters with which the request must deal and the information which it must include.
3
Paragraph (4) applies in relation to a Health Authority only where the Secretary of State has, in directions, specified a date (or a number of dates) by which any proposals for a pilot scheme by that Health Authority are to be submitted to him under paragraph 2(1) of Schedule 2 to the Act (submission of proposals for pilot schemes).
4
The Health Authority must, if asked to do so by any person who wishes to make a request, inform that person of all dates specified as mentioned in paragraph (3) which have not passed at the time the Health Authority is asked for the information.
5
In this regulation, “request” means a request to a Health Authority under paragraph 1(1)(b) of Schedule 2 to the Act (request by a person wishing to participate in a pilot scheme).
Provision of financial assistance
8
1
A Health Authority may make payments of financial assistance for preparatory work within the meaning of section 34(2) of the Act.
2
Subject to the provisions of this regulation, such payments may be made only following receipt by the Health Authority of a written application from a person (“the applicant”), who —
a
where the financial assistance is requested for preparatory work falling within section 34(2)(a) of the Act, wishes to provide piloted services; or
b
where the financial assistance is requested for preparatory work falling within section 34(2)(b) of the Act, is named as a proposed provider of piloted services in a pilot scheme which has been approved, or in that scheme as varied, and such a pilot scheme is referred to below in this regulation as “the approved pilot scheme”.
3
Payments of financial assistance may be made under paragraph (1) only if the following conditions are all satisfied —
a
the applicant’s application specifies the purposes for which he intends to use the payment of financial assistance for which he has applied;
b
the Health Authority has notified the applicant in writing that it is willing to make a payment of financial assistance to him for the purposes so specified, and of the maximum amount of the payment which it is willing to make; and
c
the applicant has satisfied the Health Authority that —
i
he has incurred costs which are not less than the amount of the payment of financial assistance for which he has applied, and
ii
those costs were incurred before the relevant date, for the purposes specified in his application.
4
Where two or more persons have together applied for financial assistance, payment may be made to any one of them on behalf of them all; but otherwise in such a case “the applicant” means all of them together.
5
In relation to applications made by persons referred to in paragraph (2)(b), subject to any directions given by the Secretary of State under paragraph 7(1) of Schedule 2 to the Act as to implementation of proposals —
a
if the approved pilot scheme does not specify the date by which it is to be implemented, a Health Authority may give notification to an applicant under paragraph (3)(b) only if it has agreed with him the date by which it is to be implemented; but
b
where a Health Authority and the applicant have agreed a date by which the approved pilot scheme is to be implemented, they may, at any time before that date, agree a different date as the date by which it is to be implemented, in substitution for that date.
6
In paragraph (3)(c)(ii) and in regulation 9(1), “the relevant date” means —
a
in relation to applications made by persons referred to in paragraph (2)(a), the date on which the Health Authority submits the proposals in question to the Secretary of State or, as the case may be, the date on which the Health Authority notifies the applicant that it does not intend to submit the proposals in question to the Secretary of State; or
b
in relation to applications made by persons referred to in paragraph (2)(b), whichever of the dates mentioned in heads (i) to (iii) occurs first —
i
the date on which the approved pilot scheme is implemented,
ii
the date on which the Health Authority receives notification from an applicant to whom it has given notification under paragraph (3)(b) in respect of the approved pilot scheme that he wishes to withdraw before that scheme is implemented , or
iii
the date specified in the approved pilot scheme or, as the case may be, for the time being agreed under paragraph (5) as the date by which the scheme is to be implemented.
Conditions on payment of financial assistance
9
1
Notwithstanding that the applicant has satisfied the Health Authority as mentioned in regulation 8(3)(c), the Health Authority must upon making a payment of financial assistance under regulation 8(1) also require all the costs in respect of which the payment is made to have been incurred before the relevant date and for the purposes specified in the application for that payment.
2
An applicant receiving such a payment must comply with any conditions which the Health Authority may impose in writing in connection with that requirement.
3
Where a Health Authority, despite having been satisfied as mentioned in regulation 8(3)(c), subsequently discovers that the applicant has not complied with any conditions imposed under paragraph (2) it may demand repayment of any part of the payment that was not properly incurred and the applicant shall forthwith repay the sum demanded.
Amendment of the principal Regulations
10
1
The principal Regulations are amended as follows.
2
In regulation 4 (pharmaceutical lists) —
a
in paragraph (3), after “granted by the FHSA , subject,” insert “in a case falling within sub-paragraph (a) above, to regulation 6A, and”;
b
in paragraph (4), at the beginning insert “Subject to regulation 6A,”; and
c
in paragraph (10), after “the FHSA is satisfied that the change is a minor relocation, it may” insert “, subject to regulation 6A,”.
3
In regulation 5 (notification of applications), in paragraph (1), at the beginning insert “Subject to regulation 6A,”.
4
In regulation 6 (determination of applications), at the beginning of paragraphs (1), (2) and (7), insert “Subject to regulation 6A,”.
5
After regulation 6 (determination of applications), insert —
Deferral of consideration of certain applications
6A
1
Subject to paragraph (2), this regulation applies to —
a
an application under regulation 4(2);
b
an application under regulation 4(2) where the applicant has previously been granted preliminary consent, but where regulation 15(2) applies;
c
an application for preliminary consent under regulation 14; or
d
a notification under regulation 4(10),
relating to the provision of pharmaceutical services from premises (in the case of a notification under sub-paragraph (d) above, the changed premises) which are specified or described in a designation, or located within a neighbourhood specified in a designation.
2
This regulation does not apply to —
a
an application under regulation 4(2) and to which regulation 4(3)(b) applies;
b
an application under regulation 4(2) where the applicant has previously been granted preliminary consent, and where all the conditions specified in regulation 15(1) are satisfied;
c
an application under regulation 14 and to which, by virtue of regulation 14(4), regulation 4(3)(b) applies;
d
an application or notification in respect of which a determination by the Health Authority has been made, where that determination is the subject of an appeal under regulation 8 or 13; or
e
an application or notification which was received by the Health Authority more than thirty days before the date of the designation mentioned in paragraph (1).
3
A Health Authority may defer consideration or determination of an application or notification to which this regulation applies; but may no longer do so when the designation mentioned in paragraph (1) is cancelled (or varied in such a way that it no longer specifies or includes the premises in question).
4
A Health Authority must, as soon as is practicable, notify the applicant of a decision to defer consideration or determination of his application or notification, and send him a copy of the designation mentioned in paragraph (1).
5
In this regulation, “designation” means a designation made by a Health Authority under regulation 3(1) of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 .
6
In regulation 11 (applications for inclusion in pharmaceutical lists in respect of controlled localities) —
a
in paragraph (2), after “Subject to paragraph (4)” insert “and regulation 6A”; and
b
in paragraph (3), at the beginning insert “Subject to regulation 6A,”.
7
In regulation 12 (determination of applications in respect of controlled localities) —
a
at the beginning of paragraphs (1), (2), (2A), (5), (12) and (13), insert “Subject to regulation 6A,”; and
b
in paragraph (14), after “regulation 4(4)” insert “and regulation 6A”.
8
In regulation 15 (effect of preliminary consent), in paragraph (1), after “Subject to” insert “regulation 6A and”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
14th May 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Asylum Support (Interim Provisions) (Amendment) Regulations 2002.
2
These Regulations (except regulations 4 and 5) shall come into force on 1st April 2002 and regulations 4 and 5 shall come into force on 8th April 2002.
Interpretation
2
In these Regulations “the 1999 Regulations ” means the Asylum Support (Interim Provisions) Regulations 1999 .
Extension of the interim period
3
In regulation 2(5) of the 1999 Regulations, for the words “1st April 2002” there is substituted “5th April 2004”.
Prescribed period under section 94(3) of the Immigration and Asylum Act 1999
4
For regulation 2(6) of the 1999 Regulations there is substituted:
6
The period prescribed under section 94(3) of the Immigration and Asylum Act 1999 (day on which a claim for asylum is determined) for the purposes of Part VI of that Act is 28 days where paragraph (7) below applies, and 21 days in any other case.
7
This paragraph applies where:
a
the Secretary of State notifies the claimant that his decision is to accept the asylum claim;
b
the Secretary of State notifies the claimant that his decision is to reject the asylum claim but at the same time notifies him that he is giving him limited leave to enter or remain in the United Kingdom; or
c
an appeal by the claimant against the Secretary of State’s decision has been disposed of by being allowed.
.
Provision of support by way of payments made
5
Regulation 5(5) of the 1999 Regulations is hereby revoked.
Jeff Rooker
Minister of State
Home Office
2nd March 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Central Police Training and Development Authority) (Transitional Provisions) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
a
“the 2001 Act ” means the Criminal Justice and Police Act 2001;
b
“the 1996 Act ” means the Police Act 1996 ; and
c
“ the Authority ” means the Central Police Training and Development Authority established under section 87 of the 2001 Act .
Transfer of employees
2
1
Every person who —
a
immediately before 1st April 2002 is employed by the Crown in the organisation maintained by the Secretary of State under section 57 of the 1996 Act known as National Police Training;
b
but for the provisions of this Order would continue to be so employed; and
c
whose name is mentioned on the Central Police Training and Development Authority designated list,
shall, on that date, transfer to, and become an employee of, the Authority.
2
The contract of employment of a person who is transferred by virtue of this article shall not terminate on the date of the transfer but shall have effect as if originally made between that employee and the Authority.
3
In this article “the Central Police Training and Development Authority designated list” means the list marked “Criminal Justice and Police Act 2001 (Staff Transfer) Central Police Training and Development Authority Designated List” which is signed by the Secretary of State, one copy of which is deposited with the Authority and one copy of which is deposited in the offices of the Secretary of State.
4
This article has effect without prejudice to the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Agreements to transfer property etc.
3
1
As soon as practicable after 1st April 2002, the Secretary of State shall —
a
use his best endeavours to determine whether it is fair and reasonable to make any transfers of property, rights and liabilities from the Crown to the Authority; and
b
give notice in writing to the Authority specifying any such transfers and the date or dates on which they are to take effect under article 4 below.
2
A notice under paragraph (1) above may —
a
indicate that there are matters specified therein about which a determination is still to be made; or
b
provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the notice.
3
In this article, references to the transfer of property, rights and liabilities mean —
a
the transfer from the Crown to the Authority, or the apportionment between them of any property and of rights and liabilities relating to it;
b
such transfer or apportionment of any other rights and liabilities; and
c
the creation of any rights and liabilities between them.
Transfer of property etc.
4
This article shall have effect to —
a
transfer from the Crown to the Authority and to vest in them —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be specified in a written notice from the Secretary of State under article 3(1)(b) above;
b
apportion between them —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be so specified; and
c
create between them such rights and liabilities as may be so specified; on such date, or dates, as may be so specified.
John Denham
Minister of State
Home Office
7th March 2002