text:
PART I —
GENERAL
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Financial) Regulations 2000 and shall come into force on 1st April 2000.
Interpretation
2
1
In these Regulations, unless the context requires otherwise:
“ the Act ” means the Access to Justice Act 1999;
“application” means an application to receive funded services, made by or on behalf of a client in accordance with the Funding Code;
“assessing authority” means:
the Commission, where the client’s eligibility under regulation 5(6) is being assessed;
otherwise, the supplier;
“certificate” means a certificate issued under the Funding Code certifying a decision to fund services for the client;
“client” means an individual who applies for or receives funded services and, in the case of actual or contemplated proceedings, is a party or prospective party to the proceedings;
“clinical negligence proceedings” means proceedings which include:
a claim for damages in respect of breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services); or
a claim for damages in respect of alleged professional negligence in the conduct of such a claim;
“Commission” means the Legal Services Commission established under section 1 of the Act;
“ CPR ” means the Civil Procedure Rules 1998 , and a reference to a Part or a rule, prefixed by “CPR”, means the Part or rule so numbered in the CPR;
“disposable income” and “disposable capital” mean, respectively, the income and capital of the person concerned, calculated in accordance with regulations 16 to 37;
“family proceedings” means proceedings which arise out of family relationships, including proceedings in which the welfare of children is determined. Family proceedings also include all proceedings under any one or more of the following:
the Matrimonial Causes Act 1973 ;
the Inheritance (Provision for Family and Dependants) Act 1975 ;
the Adoption Act 1976 ;
the Domestic Proceedings and Magistrates' Courts Act 1978 ;
Part III of the Matrimonial and Family Proceedings Act 1984 ;
Parts I, II and IV of the Children Act 1989 ;
Part IV of the Family Law Act 1996 ; and
the inherent jurisdiction of the High Court in relation to children.
“Funding Code” means the code approved under section 9 of the Act;
“funded services” means services which are provided directly for a client and funded for that client by the Commission as part of the Community Legal Service under sections 4 to 11 of the Act;
“partner” except in the expression “partner in a business” means a person with whom the person concerned lives as a couple, and includes a person with whom the person concerned is not currently living but from whom he is not living separate and apart;
“personal injury proceedings” means proceedings for damages in respect of death or any disease or impairment of the client’s physical or mental condition, excluding proceedings for clinical negligence;
“person concerned” means the person:
whose eligibility is to be assessed; or
whose resources are to be treated as the resources of the client under these Regulations;
“solicitor” means solicitor or other person who is an authorised litigator within the meaning of section 119(1) of the Courts and Legal Services Act 1990 ; and
“supplier” means the solicitor, mediator or agency being requested to provide or providing funded services to the client.
2
References to the levels of service listed in paragraph (3) shall be construed as references to the application for, or receipt or provision of, those levels of service in accordance with the Funding Code.
3
The levels of service referred to in paragraph (2) are:
a
Legal Help;
b
Help at Court;
c
Legal Representation;
d
Family Mediation;
e
Help with Mediation;
f
General Family Help;
g
Support Funding;
h
Litigation Support.
PART II —
ELIGIBILITY, ASSESSMENT AND CONTRIBUTIONS
Financial eligibility
3
1
The following services shall be available without reference to the client’s financial resources:
a
services consisting exclusively of the provision of general information about the law and legal system and the availability of legal services;
b
initial legal advice consisting of such amount of Legal Help as is authorised under a contract to be provided without reference to the client’s financial resources;
c
Legal Representation in proceedings under the Children Act 1989 applied for by or on behalf of:
i
a child in respect of whom an application is made for an order under:
a
section 31 (care or supervision order);
b
section 43 (child assessment order);
c
section 44 (emergency protection order); or
d
section 45 (extension or discharge of emergency protection order);
ii
a parent of such a child, or a person with parental responsibility for such a child within the meaning of the Children Act 1989; or
iii
a child who is brought before a court under section 25 (use of accommodation for restricting liberty) who is not, but wishes to be, legally represented before the court;
d
Legal Representation in proceedings related to any proceedings in sub-paragraph (c) which are being heard together with those proceedings or in which an order is being sought as an alternative to an order in those proceedings;
e
Legal Representation in proceedings before a Mental Health Review Tribunal under the Mental Health Act 1983 , where the client’s case or application to the Tribunal is, or is to be, the subject of the proceedings;
f
Legal Representation by a solicitor in England and Wales of a person whose application under the Hague Convention or the European Convention has been submitted to the Central Authority in England and Wales under section 3(2) or 14(2) of the Child Abduction and Custody Act 1985 ; and
g
Legal Representation of a person who:
i
appeals to a magistrates' court against the registration of, or the refusal to register, a maintenance order made in a Hague Convention country under the Maintenance Orders (Reciprocal Enforcement) Act 1972 ; or
ii
applies for the registration of a judgment under section 4 of the Civil Jurisdiction and Judgments Act 1982
and who benefited from complete or partial assistance with, or exemption from, costs or expenses in the country in which the maintenance order was made or the judgment was given.
2
In this regulation:
“Central Authority” has the same meaning as in sections 3 and 14 of the Child Abduction and Custody Act 1985;
“European Convention” means the convention defined in section 12(1) of the Child Abduction and Custody Act 1985;
“Hague Convention” means the convention defined in section 1(1) of the Child Abduction and Custody Act 1985;
“Hague Convention country” has the same meaning as in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 ; and
“the Maintenance Orders (Reciprocal Enforcement) Act 1972” means that Act as applied with such exceptions, adaptations and modifications as are specified in the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993.
4
1
Subject to regulation 3, the assessing authority to which an application is made shall determine the financial eligibility of the client in accordance with these Regulations.
2
Where the assessing authority is satisfied that the client is directly or indirectly in receipt of a qualifying benefit mentioned in paragraph (3), it shall take his disposable income and disposable capital as not exceeding the relevant sums specified in paragraph (4).
3
The following are qualifying benefits for the purposes of paragraph (2):
a
income support;
b
income-based jobseeker’s allowance;
c
working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week; and
d
disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week.
4
The relevant sums mentioned in paragraph (2) are as follows:
a
where eligibility is being assessed under regulation 5(2) and the client is in receipt of any qualifying benefit, the disposable income figure in that regulation;
b
where eligibility is being assessed under paragraphs (3) or (5) of regulation 5 and the client is in receipt of any qualifying benefit, the disposable income figure in those paragraphs;
c
where eligibility is being assessed under paragraphs (3) or (5) of regulation 5 and the client is in receipt of a qualifying benefit in paragraph 3(a) or (b), the disposable capital figure in those paragraphs;
d
where eligibility is being assessed under regulation 5(6) and the client is in receipt of a qualifying benefit in paragraph 3(a) or (b), the disposable income figure in regulation 38(2)(a) and the disposable capital figure in regulation 38(2)(b).
5
1
This regulation has effect subject to regulations 3 and 4.
2
A client is eligible for Legal Help, Help at Court, and Legal Representation before the Immigration Appeal Tribunal and an adjudicator if his weekly disposable income does not exceed £84, and his disposable capital does not exceed £1,000.
3
A client is eligible for Family Mediation if his weekly disposable income does not exceed £180 and his disposable capital does not exceed £3,000.
4
A client who is eligible for Family Mediation under paragraph (3) shall also be eligible for Help with Mediation in relation to family mediation.
5
A client is eligible for Legal Representation in respect of family proceedings before a magistrates' court, other than proceedings under the Children Act 1989 or Part IV of the Family Law Act 1996 , if his weekly disposable income does not exceed £180, and his disposable capital does not exceed £3,000.
6
A client is eligible for Legal Representation (other than as provided for in paragraphs (2) and (5)), General Family Help and Support Funding if his disposable income does not exceed £8,067 per year, but a person may be refused such services where:
i
his disposable capital exceeds £6,750; and
ii
it appears to the assessing authority that the probable cost of the funded services to which the application relates would not exceed the contribution payable by him under regulation 38.
Assessment of resources
6
Where an application is made, the client shall provide the assessing authority with the information necessary to enable it to:
a
determine whether he satisfies the conditions set out in regulation 4; and
b
calculate, where relevant, his disposable income and disposable capital and those of any other person concerned.
7
1
The assessing authority shall:
a
subject to regulation 4(2), calculate the disposable income and disposable capital of the person concerned in accordance with regulations 16 to 37; and
b
calculate any contribution payable in accordance with regulations 38 and 39.
2
When calculating disposable income for the purposes of regulation 5(2), (3) or (5), the period of calculation shall be the seven days ending on the date of the application.
3
When calculating disposable income for the purposes of regulation 5(6), the period of calculation shall be the 12 months starting on the date of the application or such other 12 month period as the assessing authority considers appropriate, but if there is no other practicable means of ascertaining it, the income may be taken to be the income received during the previous year.
4
Where the assessing authority calculates that a client has disposable income or disposable capital of an amount which makes him ineligible to receive funded services, it shall refuse the application.
8
The supplier shall not provide any funded services to the client prior to the assessment of resources in accordance with regulation 7 other than:
a
in accordance with Funding Code procedures; or
b
where authorisation to do so is given by the Commission in a contract.
9
Where the assessing authority is the supplier, any question arising under regulations 10 to 41 shall be decided by the supplier and the supplier, in deciding any such question, shall have regard to any guidance which may from time to time be given by the Commission as to the application of these Regulations.
Application in representative, fiduciary or official capacity
10
Where the client is acting only in a representative, fiduciary or official capacity, the assessing authority shall, in calculating his disposable income and disposable capital, and the amount of any contribution to be made:
a
assess the value of any property or estate or the amount of any fund out of which he is entitled to be indemnified; and
b
unless it considers that he might benefit from the proceedings, disregard his personal resources.
Resources of other persons
11
1
Subject to paragraph (2), in calculating the disposable income and disposable capital of the client, the resources of his partner shall be treated as his resources.
2
The resources of the client’s partner shall not be treated as his resources if he has a contrary interest in the dispute in respect of which the application is made.
3
Except where eligibility is being assessed under regulation 5(6), where the client is a child the resources of a parent, guardian or any other person who is responsible for maintaining him, or who usually contributes substantially to his maintenance, shall be treated as his resources, unless, having regard to all the circumstances, including the age and resources of the child and any conflict of interest, it appears inequitable to do so.
4
Where it appears to the assessing authority that:
a
another person is or has been substantially maintaining the person concerned, or
b
any of the resources of another person have been made available to the person concerned,
the assessing authority may treat all or any part of the resources of that other person as the resources of the person concerned.
5
In this regulation and regulation 12, “person” includes a company, partnership, body of trustees and any body of persons, whether corporate or not corporate.
Deprivation or conversion of resources
12
If it appears to the assessing authority that the person concerned has, with intent to reduce the amount of his disposable income or disposable capital, whether for the purpose of making himself eligible to receive funded services, reducing his liability to pay a contribution, or otherwise:
a
directly or indirectly deprived himself of any resources,
b
transferred any resources to another person, or
c
converted any part of his resources into resources which under these Regulations are to be wholly or partly disregarded,
the resources which he has so deprived himself of, transferred or converted shall be treated as part of his resources or as not so converted as the case may be.
Duty to report change in financial circumstances
13
The client shall forthwith inform the assessing authority of any change in his financial circumstances (or those of any other person concerned) which has occurred since any assessment of his resources, and which might affect the terms on which the client was assessed as eligible to receive funded services.
Amendment of assessment due to error or receipt of new information
14
Where:
a
it appears to the assessing authority that there has been an error in the assessment of a person’s resources or contribution, or in any calculation or estimate upon which such assessment was based, or
b
new information which is relevant to the assessment has come to light,
the assessing authority may make an amended assessment, and may take such steps as appear equitable to give effect to it in relation to any period during which funded services have already been provided.
Further assessments
15
1
Where the eligibility of the person concerned was assessed under regulation 5(6) and it appears that his circumstances may have altered so that:
a
his disposable income may have increased by an amount greater than £750 or decreased by an amount greater than £300, or
b
his disposable capital may have increased by an amount greater than £750,
the assessing authority shall, subject to paragraph (6), make a further assessment of the person’s resources and contribution (if any) in accordance with these Regulations.
2
For the purposes of the further assessment, the period of calculation shall be the period of 12 months following the date of the change of circumstances or such other period of 12 months as the assessing authority considers to be appropriate.
3
Where a further assessment is made, the amount or value of every resource of a capital nature acquired since the date of the original application shall be ascertained as at the date of receipt of that resource.
4
Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the funded services, including costs already incurred.
5
Where a certificate is discharged as a result of a further assessment of capital, the assessing authority may require a contribution to be paid in respect of costs already incurred.
6
The assessing authority may decide not to make a further assessment under paragraph (1) if it considers such a further assessment inappropriate, having regard in particular to the period during which funded services are likely to continue to be provided to the client.
Calculation of income
16
The income of the person concerned from any source shall be taken to be the income which that person may reasonably expect to receive (in cash or in kind) during the period of calculation.
17
1
The income from a trade, business or gainful occupation other than an occupation at a wage or salary shall be deemed to be whichever of the following the assessing authority considers more appropriate and practicable:
a
the profits which have accrued or will accrue to the person concerned in respect of the period of calculation; or
b
the drawings of the person concerned.
2
In calculating the profits under paragraph (1)(a):
a
the assessing authority may have regard to the profits of the last accounting period of such trade, business or gainful occupation for which accounts have been prepared; and
b
there shall be deducted all sums necessarily expended to earn those profits, but no deduction shall be made in respect of the living expenses of the person concerned or any member of his family or household, except in so far as that person is wholly or mainly employed in that trade or business and such living expenses form part of his remuneration.
18
1
For the purposes of this regulation, “national insurance contributions” means contributions under Part 1 of the Social Security Contributions and Benefits Act 1992 .
2
In calculating the disposable income of the person concerned, any income tax and national insurance contributions paid or, in the case of an assessment under regulation 5(6), payable on that income in respect of the period of calculation shall be deducted.
3
For the purposes of regulation 5(6), income tax and national insurance contributions payable shall be calculated in accordance with the statutory provisions in force for the fiscal year in which the application or reassessment is made.
19
In calculating the disposable income of the person concerned, the following payments shall be disregarded:
a
under the Social Security Contributions and Benefits Act 1992:
i
disability living allowance;
ii
attendance allowance paid under section 64 or Schedule 8 paragraphs 4 or 7(2);
iii
constant attendance allowance paid under section 104 as an increase to a disablement pension;
iv
any payment made out of the social fund;
b
any payment made under the Community Care (Direct Payments) Act 1996 ; and
c
so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of jobseeker’s allowance.
20
1
For the purposes of this regulation, “the Schedule” means Schedule 2 to the Income Support (General) Regulations 1987 .
2
Subject to paragraph (3), in calculating the disposable income of the person concerned there shall be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation):
a
in respect of the maintenance of his partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(c) of the Schedule), and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of the Schedule); and
b
in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household:
i
in the case of a dependant child or a dependant relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in paragraph 2(1) of the Schedule; and
ii
in the case of a dependant child or a dependant relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in paragraph 2(1) of the Schedule.
3
The assessing authority may reduce any rate provided by virtue of paragraph (1) by taking into account the income and other resources of the dependant child or dependant relative to such extent as appears to the assessing authority to be equitable.
4
In ascertaining whether a child is a dependant child or whether a person is a dependant relative for the purposes of this regulation, regard shall be had to their income and other resources.
21
Where the person concerned is making and, thoughout such period as the assessing authority considers adequate, has regularly made payments for the maintenance of:
a
a former partner;
b
a child; or
c
a relative
who is not a member of his household, a reasonable amount shall be deducted in respect of such payments.
22
Where eligibility is being assessed under regulation 5(6), in calculating the disposable income of the person concerned from any source, such amount (if any) as the assessing authority considers reasonable, having regard to the nature of the income or to any other circumstances, shall be disregarded.
23
1
This regulation applies only where eligibility is being assessed under regulation 5(6).
2
In calculating the disposable income of the person concerned, any sums (net of council tax benefit) payable by him in respect of the council tax to which he is liable by virtue of section 6 of the Local Government Finance Act 1992 shall be deducted.
3
Where the income of the person concerned consists, wholly or partly, of a wage or salary from employment, there shall be deducted:
a
the reasonable expenses of travelling to and from his place of employment;
b
the amount of any payments reasonably made for membership of a trade union or professional organisation;
c
where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the person concerned during the time that person is absent from home by reason of his employment; and
d
the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme within the meaning of the Social Security Pensions Act 1975 or to a personal pension scheme within the meaning of the Social Security Act 1986 .
24
1
This regulation applies only where eligibility is being assessed under regulation 5(6).
2
Paragraphs (3) to (5) apply only if the person concerned is a householder.
3
In calculating the disposable income of the person concerned, the net rent payable by him in respect of his main or only dwelling, or such part of it as is reasonable in the circumstances, shall be deducted; and the assessing authority shall decide which is the main dwelling where the person concerned resides in more than one dwelling.
4
For the purpose of this regulation, “net rent” includes:
a
any annual rent payable;
b
any annual instalment (whether of interest or capital) in respect of a mortgage debt or hereditable security up to a maximum of an amount bearing the same proportion to the amount of the annual instalment as £100,000 bears to the debt secured; and
c
a sum in respect of yearly outgoings borne by the householder including, in particular, any water and sewerage charges, and a reasonable allowance towards any necessary expenditure on repairs and insurance.
5
In calculating the amount of net rent payable, there shall be deducted:
a
any housing benefit paid under the Social Security Contributions and Benefits Act 1992;
b
any proceeds of sub-letting any part of the premises; and
c
an amount reasonably attributable to any person other than the person concerned, his partner or any dependant, who is accommodated in the premises otherwise than as a sub-tenant.
6
If the person concerned is not a householder, a reasonable amount in respect of the cost of his living accommodation shall be deducted.
Calculation of capital
25
In calculating the disposable capital of the client, the amount or value of the subject matter of the dispute to which the application relates shall be excluded.
26
Subject to the provisions of these Regulations, in calculating the disposable capital of the person concerned, the amount or value of every resource of a capital nature belonging to him on the date on which the application is made shall be included.
27
In so far as any resource of a capital nature does not consist of money, its value shall be taken to be:
a
the amount which that resource would realise if sold; or
b
the value assessed in such other manner as appears to the assessing authority to be equitable.
28
Where money is due to the person concerned, whether it is payable immediately or otherwise and whether payment is secured or not, its value shall be taken to be its present value.
29
The value to the person concerned of any life insurance or endowment policy shall be taken to be the amount which he could readily borrow on the security of that policy.
30
Other than in circumstances which are exceptional having regard in particular to the quantity or value of the items concerned, nothing shall be included in the disposable capital of the person concerned in respect of:
a
the household furniture and effects of the main or only dwelling house occupied by him;
b
articles of personal clothing; and
c
the tools and equipment of his trade, unless they form part of the plant or equipment of a business to which the provisions of regulation 31 apply.
31
1
Where eligibility is being assessed under regulation 5(6), paragraphs (2) to (4) apply.
2
Where the person concerned is the sole owner of or partner in a business, the value of the business to him shall be taken to be the greater of:
a
such sum, or his share of such sum, as could be withdrawn from the assets of his business without substantially impairing its profits or normal development; and
b
such sum as that person could borrow on the security of his interest in the business without substantially injuring its commercial credit.
3
Where the person concerned stands in relation to a company in a position analogous to that of a sole owner or partner in a business, the assessing authority may, instead of ascertaining the value of his stocks, shares, bonds or debentures in that company, treat that person as if he were a sole owner or partner in a business and calculate the amount of his capital in respect of that resource in accordance with paragraph (2).
4
Where the person concerned owns solely, jointly or in common with other persons, any interest on the termination of a prior estate, whether
a
legal or equitable;
b
vested or contingent;
c
in reversion or remainder; and
d
whether in real or personal property or in a trust or other fund
the value of such interest shall be calculated in such manner as is both equitable and practicable.
5
Where eligibility is being assessed other than under regulation 5(6), the sums mentioned in this regulation shall be disregarded.
32
1
In calculating the disposable capital of the person concerned, the value of any interest in land shall be taken to be the amount for which that interest could be sold less the amount of any mortgage debt or hereditable security, subject to the following:
a
in calculating the value of his interests, the total amount to be deducted in respect of all mortgage debts or hereditable securities shall not exceed £100,000;
b
in making the deductions in sub-paragraph (a), any mortgage debt or hereditable security in respect of the main or only dwelling shall be deducted last; and
c
the first £100,000 of the value of his interest (if any) in the main or only dwelling in which he resides, after the application of sub-paragraphs (a) and (b), shall be disregarded.
2
Where the person concerned resides in more than one dwelling, the assessing authority shall decide which is the main dwelling.
33
In calculating the disposable capital of the person concerned, there shall be disregarded:
a
so much of any back to work bonus received under section 26 of the Jobseekers Act 1995 as is by virtue of that section to be treated as payable by way of jobseeker’s allowance; and
b
the whole of any payment made out of the social fund under the Social Security Contributions and Benefits Act 1992 or any arrears of payments made under the Community Care (Direct Payments) Act 1996 .
34
Where eligibility is being assessed under regulation 5(2), (3), or (5), and the person concerned has living with him a partner whose resources are required to be aggregated with his, or one or more dependant children or dependant relatives, a deduction shall be made of £335 in respect of the first, £200 in respect of the second and £100 in respect of each further such person.
35
1
Where eligibility is being assessed under regulation 5(6), the person concerned is of pensionable age and his annual disposable income (excluding any net income derived from capital) is less than the figure prescribed in regulation 38(2)(a), the amount of capital shown in the following table shall be disregarded:
annual disposable income (excluding net income derived from capital) amount of capital disregard
up to £370 £35,000 £371–670 £30,000 £671–970 £25,000 £971–1,270 £20,000 £1,271–1,570 £15,000 £1,571–1,870 £10,000 £1,871 and above £ 5,000
2
In paragraph (1) “pensionable age” means the age of 60.
36
Where eligibility is being assessed under regulation 5(6), and under any statute, bond, covenant, guarantee or other instrument the person concerned is under a contingent liability to pay any sum or is liable to pay a sum not yet ascertained, such amount as is reasonably likely to become payable within the period of calculation shall be disregarded.
37
Where eligibility is being assessed under regulation 5(6), in calculating the disposable capital of the person concerned, such amount of capital (if any) as the assessing authority considers reasonable, having regard to the nature of the capital or to any other circumstances, may be disregarded.
Contributions
38
1
A person whose eligibility is assessed under regulation 5(5) shall make a weekly contribution of one third of the amount by which his weekly disposable income exceeds £76.
2
A person whose eligibility is assessed under regulation 5(6) shall make the following contributions:
a
where his disposable income in the period of calculation exceeds £2,723, monthly contributions throughout the period the certificate is in force of one thirty-sixth of the excess; and
b
where his disposable capital exceeds £3,000, a contribution of the lesser of the excess and the sum which the assessing authority considers to be the likely maximum cost of the funded services.
3
If, in making an assessment under regulation 5(6), the Commission considers that there are other persons or bodies, including those who have the same or a similar interest to the client or who might benefit from any proceedings, who can reasonably be expected to contribute to the cost of the funded services, or that some other source of funding exists which could be used to contribute to that cost, a reasonable additional amount may be added to the contribution (if any) due from the client.
4
The Commission may subsequently vary the amount of any additional contribution payable under paragraph (3).
5
All contributions shall be payable to the assessing authority.
39
Where more than one certificate is in force in respect of the client at any one time, contributions from income under only one certificate shall be payable, and the Commission may decide under which certificate contributions shall be paid.
40
1
Where a certificate has been discharged or revoked and the contribution made by the client exceeds the net cost of the funded services, the excess shall be refunded to the client.
2
The net cost of the funded services means the cost paid by the Commission less any costs recovered by the Commission from another party.
3
Where funding is provided by the Commission under a contract which does not differentiate between the remuneration for the client’s case and remuneration for other cases, or require the cost of individual cases to be assessed, the reference in paragraph (2) to the cost paid by the Commission shall be construed as a reference to such part of the remuneration payable under the contract as may be specified in writing by the Commission.
4
For the purposes of this regulation and regulation 43, where a certificate is discharged the cost of any assessment proceedings under CPR Part 47 or of taxation in the House of Lords shall not be included as part of the cost of the funded services, and the cost of drawing up a bill is not part of the cost of assessment proceedings.
41
Where the Commission has revoked a certificate in accordance with Part 15 of the Funding Code:
a
the client shall pay to the Commission all costs paid or payable by it under the certificate, less any amount already paid by way of contribution; and
b
the solicitor shall have the right to recover from the client the difference between the amount paid or payable to him by the Commission and the full amount of his costs assessed on the indemnity basis under CPR rule 44.4.
PART III —
THE STATUTORY CHARGE
Calculation of the statutory charge
42
In regulations 43 to 53:
“relevant dispute” means the dispute in connection with which funded services are provided;
“relevant proceedings” means proceedings in connection with which funded services are provided;
“recovered”, in relation to property or money, means property or money recovered or preserved by a client, whether for himself or for any other person;
“statutory charge” means the charge created by section 10(7) of the Act in respect of the amount defined in regulation 43; and
“success fee” is defined in accordance with section 58 of the Courts and Legal Services Act 1990 .
43
1
Subject to paragraphs (3) and (4), where any money or property is recovered for a client in a relevant dispute or proceedings, the amount of the statutory charge shall be the aggregate of the sums referred to in section 10(7)(a) and (b) of the Act.
2
For the purposes of this regulation:
a
the sum referred to in section 10(7)(a) shall be defined in accordance with regulation 40(2) to (4), less any contribution paid by the client;
b
the sum referred to in section 10(7)(b) shall include:
i
any interest payable under regulation 52; and
ii
any sum which the client has agreed to pay only in specific circumstances under section 10(2)(c) of the Act, including that proportion of any success fee payable by a client in receipt of Litigation Support which he has agreed should be payable to the Commission under the terms of a conditional fee agreement.
3
Subject to paragraph (4), the amount of the charge created by section 10(7) of the Act shall not include sums expended by the Commission in funding any of the following services:
a
Legal Help;
b
Help at Court;
c
Family Mediation; or
d
Help with Mediation.
4
Paragraph (3)(a) and (b) does not apply where the funded services are given in relation to family, clinical negligence or personal injury proceedings or a dispute which may give rise to such proceedings.
Exemptions from the statutory charge
44
1
The charge created by section 10(7) of the Act shall not apply to any of the following:
a
any periodical payment of maintenance;
b
other than in circumstances which are exceptional having regard in particular to the quantity or value of the items concerned, the client’s clothes or household furniture or the tools or implements of his trade;
c
any sum or sums ordered to be paid under section 5 of the Inheritance (Provision for Family and Dependants) Act 1975 or Part IV of the Family Law Act 1996;
d
the first £2,500 of any money or the value of any property recovered by virtue of an order made or deemed to be made under any of the enactments specified in paragraph (2), or an agreement which has the same effect as such an order;
e
one-half of any redundancy payment within the meaning of Part XI of the Employment Rights Act 1996 recovered by the client;
f
any payment of money made in accordance with an order made by the Employment Appeal Tribunal (excluding an order for costs);
g
where the statutory charge is in favour of the supplier, the client’s main or only dwelling; or
h
any sum, payment or benefit which, by virtue of any provision of or made under an Act of Parliament, cannot be assigned or charged.
2
The enactments referred to in paragraph (1)(d) are:
a
section 23(1)(c) or (f), 23(2), 24, 27(6)(c) or (f), 31(7A) or (7B), or 35 of the Matrimonial Causes Act 1973 ;
b
section 2 or 6 of the Inheritance (Provision for Family and Dependants) Act 1975 ;
c
section 17 of the Married Women’s Property Act 1882 ;
d
section 2(1)(b) or (d), 6(1) or (5), or 20(2) of the Domestic Proceedings and Magistrates' Courts Act 1978 ; and
e
Schedule 1 to the Children Act 1989 ;
4
In paragraph (1)(a), “maintenance” means money or money’s worth paid towards the support of a former partner, child or any other person for whose support the payer has previously been responsible or has made payments.
45
1
Subject to paragraph (2), the statutory charge shall be in favour of the Commission.
2
Subject to paragraph (3), where it relates to the cost of Legal Help or Help at Court, the statutory charge shall be in favour of the supplier.
3
Where Legal Help or Help at Court has been provided, the statutory charge shall be in favour of the Commission if it attaches to money or property recovered after a certificate has been granted in relation to the same matter.
Supplier’s authority to waive statutory charge
46
1
This regulation applies only where the statutory charge is in favour of the supplier.
2
The Commission may grant a supplier authority, either in respect of individual cases or generally, to waive either all or part of the amount of the statutory charge where its enforcement would cause grave hardship or distress to the client or would be unreasonably difficult because of the nature of the property.
Waiver of charge in case of wider public interest
47
1
For the purposes of this regulation, “wider public interest” means the potential of proceedings to produce real benefits for individuals other than the client (other than any general benefits which normally flow from proceedings of the type in question).
2
Paragraph (3) applies where:
a
the Commission funds Legal Representation or Support Funding in proceedings which it considers have a significant wider public interest; and
b
the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation.
3
Where this paragraph applies, the Commission may, if it considers it equitable to do so, waive some or all of the amount of the statutory charge.
Application of regulations 49 to 53
48
Regulations 49 to 53 apply only in relation to a statutory charge in favour of the Commission.
Operation of statutory charge where certificate revoked or discharged
49
1
Where a certificate has been revoked or discharged, section 10(7) of the Act shall apply to any money or property recovered as a result of the client continuing to pursue the relevant dispute or take, defend or be a party to the relevant proceedings.
2
In paragraph (1), “client” means the person whose certificate has been revoked or discharged, or, as the case may be, his personal representatives, trustee in bankruptcy or the Official Receiver.
Operation of statutory charge on money in court
50
1
Paragraph (2) applies where any money recovered by a client in any proceedings is ordered to be paid into or remain in court and invested for the benefit of the client.
2
Where this paragraph applies, the statutory charge shall attach only to such part of the money as, in the opinion of the Commission, will be sufficient to safeguard the interests of the Commission, and the Commission shall notify the court in writing of the amount so attached.
Enforcement of statutory charge
51
Subject to regulation 52, the Commission may enforce the statutory charge in any manner which would be available to a chargee in respect of a charge given between parties.
52
1
The Commission may postpone the enforcement of the statutory charge where (but only where):
a
by order of the court or agreement it relates to property to be used as a home by the client or his dependants, or, where the relevant proceedings were family proceedings, to money to pay for such a home;
b
the Commission is satisfied that the property in question will provide such security for the statutory charge as it considers appropriate; and
c
as soon as it is possible to do so, the Commission registers a charge under the Land Registration Act 1925 to secure the amount in regulation 43 or, as appropriate, takes equivalent steps (whether in England and Wales or in any other jurisdiction) to protect its interest in the property.
2
Where the client wishes to purchase a property in substitution for the property over which a charge is registered under paragraph (1)(c), the Commission may release the charge if the conditions in paragraph (1)(b) and (c) are satisfied.
3
Where the enforcement of the statutory charge is postponed, interest shall accrue for the benefit of the Commission in accordance with regulation 53.
4
Without prejudice to the provisions of the Land Registration Act 1925 and the Land Charges Act 1972 , all conveyances and acts done to defeat, or operating to defeat, any charge shall, except in the case of a bona fide purchaser for value without notice, be void as against the Commission.
Payment and recovery of interest
53
1
Where interest is payable by the client under regulation 52, that interest shall continue to accrue until the amount of the statutory charge is paid.
2
The client may make interim payments of interest or capital in respect of the outstanding amount of the statutory charge, but no interim payment shall be used to reduce the capital outstanding while any interest remains outstanding.
3
Where interest is payable by the client under regulation 52:
a
it shall run from the date when the charge is first registered;
b
it shall accrue at the rate of 8% per annum; and
c
the capital on which it is calculated shall be either:
i
the amount of the statutory charge outstanding from time to time, less any interest accrued by virtue of regulation 52(3), or
ii
where the value of the client’s interest in the property at the time it was recovered was less than the amount of the statutory charge, such lower sum as the Commission considers equitable in the circumstances.
Irvine of Lairg, C.
Dated 18th February 2000


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
These Regulations may be cited as the Feeding Stuffs Regulations 2000, shall come into force on 29th October 2000 and shall extend to England, except that regulations 11 and 12 shall extend to England, Wales and Northern Ireland and, subject to paragraph (2) below, other provisions of these Regulations shall so extend in so far as they relate to regulations 11 and 12.
2
In so far as regulation 24 applies to Northern Ireland, the references therein to Part IV of the Act shall be construed as references to that Part as modified by section 86.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the Act” means the Agriculture Act 1970;
“additive” means a substance or preparation used in animal nutrition in order to —
affect favourably the characteristics of feed materials, compound feeding stuffs or animal products,
satisfy the nutritional needs of animals or improve animal production (in particular by affecting the gastro-intestinal flora or the digestibility of feeding stuffs),
introduce into nutrition elements conducive to obtaining particular nutritional objectives or to meeting the nutritional needs of animals at a particular time, or
prevent or reduce the harmful effects caused by animal excretions or improve the animal environment,
but excludes everything excluded from coverage of the Additives Directive by Article 1.2 and 1.3 thereof;
“the Additives Directive” means Council Directive 70/524/ EEC concerning additives in feeding stuffs ;
“ the Agency ” means the Food Standards Agency;
“ash” means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for ash specified in Point 5 of the Annex to Directive 71/250/EEC ;
“authorised”, in relation to any additive, or the name of any additive, save in the expressions “authorised intermediate product” and “authorised medicated premix”, and subject to paragraph (2) below, means authorised in or, as the case may be, under, the Additives Directive, and “authorisation” shall be construed accordingly;
“authorised intermediate product” and “authorised medicated premix” have the meanings given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998 ;
“the Certain Products Directive ” means Council Directive 82/471/EEC concerning certain products used in animal nutrition ;
“complementary feeding stuff”, subject to regulation 14(10)(a), means a compound feeding stuff which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;
“complete feeding stuff”, subject to regulation 14(10)(a), means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;
“compound feeding stuff”, subject to regulation 14(10)(a), means a mixture of feeding stuffs;
“the Compound Feeding Stuffs Directive ” means Council Directive 79/373/EEC on the marketing of compound feeding stuffs ;
“daily ration” means the average total quantity of feeding stuff, expressed on a 12 per cent moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;
“dossier” means a dossier compiled in accordance with the relevant provisions of the Dossiers Directive and which includes —
an identification note (containing where applicable the information specified in Article 9o.1 of the Additives Directive),
any monograph supplied pursuant to Article 9n.3 of the Additives Directive, and
in the case of an additive to which Article 7a of the Additives Directive applies, the documents referred to in the indented paragraphs of the first paragraph of that Article;
“the Dossiers Directive” means Council Directive 87/153/EEC fixing guidelines for the assessment of additives in animal nutrition ;
“ EC approved Article 2.2(d) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive , as an establishment on which a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of that Directive, may be manufactured with a view to putting it into circulation;
“EC approved Article 2.2(f) establishment” means an establishment listed on a register of approved establishments, maintained by a competent authority in a member State, in implementation of Article 5 of the Establishments Directive, as an establishment on which a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of that Directive, may be produced for the exclusive requirements of the producer’s holding;
“EC permitted Article 2.2(d) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(d) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if —
a compound feeding stuff, of any kind the manufacture of which is regulated by Article 2.2(d) of the Establishments Directive, was being manufactured on the establishment, with a view to putting it into circulation, on 1st April 1998, and
before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be manufactured with a view to putting it into circulation;
“EC permitted Article 2.2(f) establishment” means an establishment located in a member State (other than an EC approved Article 2.2(f) establishment or an establishment which a competent authority in the member State has declined to approve as such an establishment) if —
a compound feeding stuff, of any kind the production of which is regulated by Article 2.2(f) of the Establishments Directive, was being produced on the establishment, for the exclusive requirements of the producer’s holding, on 1st April 1998, and
before 1st September 1998, an application (which is pending) in respect of the establishment, was made to a competent authority in the member State, in accordance with any requirements in the member State for the making of such applications, to approve the establishment, pursuant to the Establishments Directive, as an establishment on which a compound feeding stuff of any such kind may be produced for the exclusive requirements of the producer’s holding;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“energy value” means the energy value of a feeding stuff calculated in accordance with the relevant method specified in Schedule 1;
“establishment” has the meaning given by Article 1.3(b) of the Establishments Directive;
“the Establishments Directive” means Council Directive 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector and amending Directives 70/524/EEC , 74/63/EEC , 79/373/EEC and 82/471/EEC ;
“fat” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC ;
“feeding stuff”, subject to regulation 14(10)(a), has the meaning attributed to it by section 66(1) as modified by regulation 20(1)(a);
“feeding stuff intended for a particular nutritional purpose” means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products covered by the Medicated Feedingstuffs Directive , and in respect of which any indication is given that it is intended for a particular nutritional purpose;
“feed material”, subject to regulation 14(10)(b), means —
any product of vegetable or animal origin, in its natural state, fresh or preserved;
any product derived from such a product by industrial processing; or
any organic or inorganic substance,
specified in Part II or III of Schedule 2, (whether or not containing any additive) and for use in oral feeding to pet animals or farmed creatures, directly as such, or after processing, in the preparation of a compound feeding stuff or as a carrier of a premixture;
“the Feed Materials Directive ” means Council Directive 96/25/EC on the circulation of feed materials, amending Directives 70/524/EEC , 74/63/EEC , 82/471/EEC and 93/74/EEC and repealing Directive 77/101/EEC ;
“fibre” means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for fibre specified in Point 3 of Annex 1 to Directive 73/46/EEC ;
“identification note” has the same meaning as in the Additives Directive;
“intermediary” has the meaning given by Article 1.3(c) of the Establishments Directive;
“mammalian meat and bone meal” has the meaning given in Article 4(1) of the Bovine Spongiform Encephalopathy ( No. 2) Order 1996 ;
“the Medicated Feedingstuffs Directive” means Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community ;
“member State” means a member State other than the United Kingdom;
“ MFS prescription” has the meaning given in regulation 2(1) of the Medicated Feedingstuffs Regulations 1998;
“micro-organism” has the meaning given by Article 2(aa) of the Additives Directive;
“milk replacer feed” means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;
“mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;
“minimum storage life” means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;
“molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;
“moisture” means water and other volatile material determined in accordance with the procedure set out in the method of analysis for moisture specified in Part I of the Annex to Directive 71/393/EEC ;
“monograph” has the same meaning as in the Additives Directive;
“name”, in relation to any additive specified in any of Parts I to VIII of the Table to Schedule 3, means the name specified for that additive in that Table, and in relation to any other additive means its authorised name;
“national list” means the list of establishments published in London by the Agency, for the purposes of Article 6.1 of the Establishments Directive;
“oil” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure set out in the method of analysis for oils and fats specified in Part IV of the Annex to Directive 71/393/EEC ;
“particular nutritional purpose” means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;
“pet animal” has the same meaning as in the Additives Directive;
“pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;
“premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;
“protein”, except in paragraphs 12(2), 13, 28(2) and 29 of Part I of Schedule 4, and subject to paragraph (3) below, means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for protein specified in Point 2 of Annex 1 to Directive 72/199/EEC ;
“protein equivalent of biuret, diureidoisobutane, urea or urea phosphate”, in relation to an amount of biuret, diureidoisobutane, urea and urea phosphate nitrogen, means that amount multiplied by 6.25;
“put into circulation” has the same meaning as in the Feed Materials Directive but, in regulation 14(3), (4) and (7), also means import into England from a country which is neither an EEA State nor part of an EEA State;
“registered veterinarian” has the same meaning as in the Medicated Feedingstuffs Directive;
“starch” means the matter obtained as the result of treatment of a feeding stuff in accordance with the procedure set out in the method of analysis for starch specified in Point 1 of Annex 1 to Directive 72/199/EEC ;
“third country” means a country other than a member State or the United Kingdom;
“ UK approved Article 2.2(d) establishment”, “UK approved Article 2.2(f) establishment”, “UK permitted Article 2.2(d) establishment” and “UK permitted Article 2.2(f) establishment” have, subject to regulation 14(5), the meanings respectively given to them by regulation 3 of the Feedingstuffs (Establishments and Intermediaries) Regulations 1999 , as read with regulation 2(4) of those Regulations;
“zootechnical additive” means an additive belonging to one or more of the groups of additives specified in Part I of Annex C to the Additives Directive;
“zootechnical feeding stuff” means a feeding stuff that contains a zootechnical additive or zootechnical premixture; and
“zootechnical premixture” means a premixture that contains a zootechnical additive.
2
The additives appearing in the Section headed “Radionuclide Binders”, and as numbers 3 and 4 in the Section headed “Micro-organisms”, in the Annex to Commission Regulation (EC) No. 2785/98 , shall be deemed for the purposes of these Regulations to be “authorised” within the meaning of that term as defined in paragraph (1) above.
3
For the purposes of paragraphs 12(1) and 28(1) of Part I of Schedule 4, “protein” has the meaning given to it by article 4(1) of the Bovine Spongiform Encephalopathy (No. 2) Order 1996
4
In these Regulations, “botanical purity” shall be construed in accordance with paragraph 2 of Section II of Part A of the Annex to the Feed Materials Directive.
5
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
6
Where, in any sub-heading, textual provision or, as the case may be, tabular or other entry in a Schedule to these Regulations, a numbered reference to a footnote appears, the footnote so numbered shall be treated as amplifying the sub-heading or textual provision or, as the case may be, as included in the tabular or other entry.
7
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
8
Any reference in these Regulations to a European Community Directive or Regulation shall be construed as a reference to that Directive or, as the case may be, Regulation, as amended as at the date these Regulations are made.
Prescribed material
3
1
Subject to paragraph (2) below, for the purposes of these Regulations, the material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff, and any material usable as a feed material, premixture or additive in such a feeding stuff.
2
For the purposes of paragraph (1) above, section 68(2) shall cease to apply.
Matters required or permitted to be contained in a statutory statement or otherwise declared
4
The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or, as the case may be, otherwise declared, shall be as specified in, and shall comply with, the provisions of Schedule 4 (save in respect of additives and premixtures not contained in feeding stuffs) and Schedule 5 (in respect of additives and premixtures not contained in feeding stuffs).
Forms of statutory statement
5
1
Subject to the sufficiency requirement of the second paragraph of Article 16.6 of the Additives Directive, (which shall be observed, where applicable) and paragraph (2) below, the statutory statement —
a
in the case of any prescribed material delivered in a package or other container, shall —
i
take the form of a label attached to that package or container; or
ii
be clearly marked directly thereon, and
b
in the case of such material delivered in bulk, shall take the form of a document relating to and accompanying each consignment.
2
In the case of any feed material sold in a quantity not exceeding 10 kg , and supplied directly to the final user thereof, the statutory statement may be provided in the form of a notice in writing.
3
The particulars, information and instructions required or permitted to be contained in the statutory statement shall —
a
be clearly separate from any other information;
b
subject to paragraphs (5) and (6) below, be in English; and
c
be legible and indelible.
4
For the purposes of section 69 (marking of material prepared for sale), prescribed material which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) or, where applicable, (2), above, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
5
In the case of any compound feeding stuff or feed material which is intended for export to a member State, the statutory statement shall be in one or more official Community languages, as determined by that member State.
6
In the case of any feeding stuff, not being a zootechnical feeding stuff, which is intended for export to an EEA State which is not a member State, the statutory statement shall comply with the requirements of Article 18 of the Additives Directive as if the EEA State were a member State.
Register of marks
6
1
As respects any feed material, the matters required by section 69(1) to be marked on that material may be denoted by a mark, the meaning of which can be ascertained by reference to a register kept in accordance with this regulation.
2
In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a purchaser —
a
there shall be an indication in a document, label or notice, which is readily apparent and unequivocally associated with the material, of the type of feeding stuff, and of the name or trade name, and of the address or registered office, of the manufacturer, and
b
the other matters required by section 69(1) to be marked on the material may be denoted by a mark, the meaning of which can be ascertained by reference to a register kept in accordance with this regulation.
3
The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) above shall include the name and address of the purchaser, the date of the order and the amount ordered.
4
The register shall be kept as a separate record in book form, marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that, if the material is not in the premises of the person who has the material for sale, the register shall be kept on those premises.
5
The period for which the register is to be preserved in accordance with section 69(7) shall be six months, commencing on the first day on which none of the materials referred to in the register remains on the premises, for sale as aforesaid.
6
The register shall be made and kept by the seller concerned.
Limits of variation
7
1
Section 74(2) shall have effect, in relation to England, as if, after the words “this Part of this Act” there were inserted the words “,or the Feeding Stuffs Regulations 2000,”.
2
For the purposes of section 74, as modified by paragraph (1) above, the limits of variation in relation to any mis-statement in a statutory statement, document or mark, as to the nature, substance or quality of a feeding stuff or, as the case may be, feed material, where the mis-statement relates to —
a
any analytical constituent specified in the first column of —
i
Part A of Schedule 6 (where the feeding stuff is a compound feeding stuff not intended for pets),
ii
Part B of Schedule 6 (where the feeding stuff is a compound pet food), or
iii
Part C of Schedule 6 (in the case of a feed material),
b
any vitamin or trace element specified in the first column of Part D of that Schedule, or
c
the energy value of any feeding stuff specified in the first column of Part E of that Schedule,
shall be as set out with respect to that constituent or, as the case may be, vitamin, trace element or feeding stuff, in the corresponding entry in the second column of the relevant Part of that Schedule,
3
Particulars with respect to any material which are contained in a statutory statement, or in any document, or which are marked on, or denoted by a mark on, the material, shall not, for the purposes of Part IV of the Act or of these Regulations, be treated as false by reason of any mis-statement therein as to the nature, substance or quality of the material, if —
a
the material was first sold, or otherwise put into circulation, in a member State,
b
the mis-statement did not, at the time of putting into circulation, exceed any limits of variation prescribed in relation thereto in that member State, and
c
any such limits were in accordance with any applicable European Community Directive.
Assigned meanings
8
For the purposes of section 70, there shall be assigned to the expressions “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” in each case the meaning given by regulation 2(1) to the expression concerned.
Manner of packaging and sealing compound feeding stuffs, additives and premixtures
9
1
Subject to paragraphs (2) and (3) below, no person shall sell a compound feeding stuff, or any additive or premixture, unless it is in a bag or container, and that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.
2
Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers, in the case of —
a
deliveries between producers or sellers of compound feeding stuffs;
b
deliveries from producers of compound feeding stuffs to packaging enterprises;
c
compound feeding stuffs obtained by mixing grain or whole fruit;
d
blocks or licks;
e
small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision in paragraph (1) above.
3
Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags, in the case of —
a
direct deliveries from the producer to the final user;
b
molassed feeding stuffs consisting of less than three feed materials;
c
pelleted feeding stuffs.
Control of feed materials
10
1
No person shall put into circulation any feed material of a description specified in column (3) of Part II of Schedule 2, under a name other than that specified in the corresponding entry in column (2) of that Part.
2
No person shall put into circulation any feed material of a description specified in column (1) of Part III of Schedule 2, except under a name or description, or a name and description (other than one specified in that column or in column (2) of Part II of that Schedule) sufficiently specific to indicate the nature of the material.
3
No person shall —
a
put into circulation any feed material of a description specified in column (3) of Part II of Schedule 2, and which has a name specified in the corresponding entry in column (2) of that Part which includes a common name or term specified in column (4) of Part I of that Schedule, or
b
sell, or have in possession with a view to sale, any compound feeding stuff containing any such feed material,
unless, in either case, the feed material was prepared by the process specified, in relation to the common name or term, in column (2), and described in column (3), of Part I of that Schedule.
4
No person shall put into circulation any feed material, or sell, or have in possession with a view to sale, any compound feeding stuff containing any feed material, unless —
a
in the case of any feed material of a description specified in column (3) of Part II of Schedule 2 —
i
the botanical purity by weight of the feed material is not less than the percentage (if any) specified in relation to it in column (3) of Part II of that Schedule or, if none is specified, is not less than 95 per cent; and
ii
the feed material complies with the requirements of paragraph 1 of Section II of Part A of the Annex to the Feed Materials Directive, and
b
in the case of any feed material of a description specified in column (1) of Part III of that Schedule —
i
the botanical purity by weight of the feed material is not less than 95 per cent; and
ii
the feed material complies with the requirements of paragraph 1 of Section II as aforesaid.
5
No person shall use any feed material to bind another feed material, if the quantity of the feed material so used exceeds 3 per cent of the total weight of the feed material bound.
6
Without prejudice to sections 73 and 73A, no person shall import into England from any country which is neither a member State nor another part of the United Kingdom, supply (otherwise than on sale) or have in possession with a view to so supplying, any feed material, unless it is wholesome, and is not deleterious or dangerous to farmed creatures, to pet animals or, through consumption of the products of any animal fed with the feed material, to human beings.
7
No person shall put into circulation any feed material in a manner likely to mislead.
8
In paragraph 4(a) above “description” shall be taken to exclude any botanical purity requirement.
Applications for Community authorisation of additives and of new uses for additives
11
1
Any person wishing the United Kingdom to act as the rapporteur in connection with —
a
an application for the Community authorisation of an additive which is not a zootechnical additive, or
b
an application for the Community authorisation of a new use of an already authorised additive which is not a zootechnical additive,
may submit to the Agency an application for the Community authorisation of the additive or the new use of the additive, as the case may be, and a dossier relating to the additive, or the new use, as the case may be.
2
Where documentation is submitted to the Agency pursuant to paragraph (1) above, it shall —
a
forward it to the Commission, and
b
forward a copy of it to each member State,
in accordance with Article 4.3 of the Additives Directive, if it is satisfied as specified in paragraph (3) below.
3
The Agency is satisfied in accordance with this paragraph if it is satisfied that —
a
the dossier submitted pursuant to paragraph (1) above has been compiled in accordance with the applicable provisions of the Dossiers Directive, and
b
the additive to which the dossier relates, or the new use to which it relates, as the case may be, appears to meet the conditions laid down in Article 3a of the Additives Directive.
4
If, in relation to a dossier submitted pursuant to paragraph (1) above, the Agency is not satisfied about both the matters specified in paragraph (3) above, it shall reject the documentation, or postpone taking the action specified in paragraph (2) above in relation to the documentation, until such time as it is satisfied about both of those matters.
5
Where the Agency rejects documentation submitted to it pursuant to paragraph (1) above, or postpones taking the action specified in paragraph (2) above in relation to it, it shall inform the Commission, the applicant and each member State of the rejection or postponement, and shall notify them of the reasons for the rejection or postponement.
6
If requested to do so by the Commission, the Agency shall forward a copy of all or part of a dossier relating to any additive for which an application has been submitted to it pursuant to paragraph (1) above, to each member of the Scientific Committee for Animal Nutrition.
Confidential information relating to additives
12
1
Subject to paragraphs (2) and (3) below, no person shall publish or disclose any confidential information obtained by him in the performance of functions under regulation 11, without the previous consent in writing of the person who, in accordance with that regulation, has made an application for Community authorisation of, or, as the case may be, for a new use of, the additive concerned.
2
Nothing in paragraph (1) above shall restrict the publication or disclosure of such information for the purpose of the exercise of functions under regulation 11.
3
Nothing in paragraph (1) above shall prevent the publication or disclosure of confidential information of a type specified in Article 7.2 of the Additives Directive.
4
In this regulation, “confidential information” means information of the type specified in Article 7.1 of the Additives Directive.
5
A publication or disclosure in contravention of paragraph (1) above shall be punishable as if it were a disclosure prohibited by section 83.
Control of additives in feeding stuffs
13
1
No person shall use an additive for the purpose of animal nutrition unless any incorporation thereof in a feeding stuff accords with paragraph (2) to (4) below.
2
Subject to regulation 23 and paragraph (8) below, no person shall carry out a relevant activity in relation to an additive, unless —
a
where the additive is not contained in a feeding stuff —
i
the additive is —
aa
permitted to be contained in material intended for use as a feeding stuff pursuant to paragraph 5(1) of Schedule 3, or
bb
specified in any of Parts I to VIII of the Table to Schedule 3 , or
ii
the relevant activity relates to an additive authorised under any European Community Regulation specified in Part IX of that Table,
b
where the additive is contained in a feeding stuff, it is covered by sub-paragraph (a) above and, where applicable, the feeding stuff or, as the case may be, the relevant activity, complies with the relevant requirements specified in Schedule 3 or, as the case may be, with the relevant conditions required to be observed for compliance with the European Community Regulation concerned.
3
In paragraph (2) above, “relevant activity”, in relation to an additive, means any one or more of the following —
a
the putting into circulation for use as a feeding stuff of any material containing the additive,
b
the use as a feeding stuff of any material containing the additive,
c
the putting of the additive into circulation, for incorporation in a feeding stuff,
d
the incorporation of the additive in a feeding stuff.
4
Without prejudice to paragraph (2) above, no person shall incorporate any additive into a feed material, unless —
a
(where the additive is listed in any of Parts I to VIII of the Table to Schedule 3) the expression “all feeding stuffs” appears, opposite to that additive, whether or not accompanied by qualifying words, in the column headed “Conditions” in the Part concerned,
b
(where the additive is otherwise authorised) it is indicated in the European Community Regulation concerned that such incorporation is permitted, or
c
the additive is permitted to be contained in material pursuant to paragraph 5(1) of that Schedule.
5
Paragraphs (1) to (4) above shall not apply to any added substance which is —
a
for use in accordance with an MFS prescription issued by a registered veterinarian, pursuant to regulation 29 of the Medicated Feedingstuffs Regulations 1998,
b
an authorised medicated premix,
c
an authorised intermediate product, or
d
a zootechnical additive.
6
Subject to paragraph (8) below, no person shall put into circulation, for use as a feeding stuff, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains any additive specified in any of Parts I to VIII of the Table to Schedule 3, or which is authorised by any European Community Regulation specified in Part IX of that Table, at a level exceeding that specified for that additive in the Part concerned or, as the case may be, in the European Community Regulation, in relation to complete feeding stuffs.
7
No person shall —
a
mix in a premixture or feeding stuff, with an additive which is not a zootechnical additive, another additive which is not a zootechnical additive, unless such mixing is in accordance with Article 9q2 of the Additives Directive, or
b
mix a micro-organism with a zootechnical additive, unless such mixture is permitted as specified in Article 9q4 of the Additives Directive.
8
Paragraph (2) above, in so far as it regulates “putting into circulation”, and paragraph (6) above, shall not apply in relation to any additive which is excluded from the application of the Additives Directive by Article 22 thereof.
9
No person shall use as a feeding stuff any material containing an additive (not being one permitted to be contained in material pursuant to paragraph 5(1) of, or referred to in any of Parts I to VIII of, the Table to Schedule 3, or which is otherwise authorised) which is deleterious to farmed creatures, to pet animals, to human beings or to the environment.
Control of feeding stuffs and feed materials containing undesirable substances
14
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
2
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any complementary feeding stuff if —
a
when it is diluted as specified by the manufacturer for feeding to animals, it contains any substance specified in column 1 of Part I of Schedule 7, in excess of the level specified for that substance in column 3 of that Part in relation to complete feeding stuffs, and
b
there is no provision relating to any complementary feeding stuff in the corresponding entry in column 2 of that Part.
3
No person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
4
Without prejudice to paragraph (3) above, and subject to paragraph (5) below, no person shall put into circulation any feed material specified in column 2 of Chapter A of Part II of Schedule 7, or in column 2 of Chapter B of that Part, which contains any substance specified in relation to the material in question in the corresponding entry in column 1 of the Chapter in question, in excess of the level specified in column 3 of Part I of that Schedule in relation to the corresponding feed material, unless the feed material put into circulation —
a
is intended only for use only on —
i
a UK approved or permitted Article 2.2(d) establishment;
ii
a UK approved or permitted Article 2.2(f) establishment;
iii
an EC approved or permitted Article 2.2(d) establishment or;
iv
an EC approved or permitted Article 2.2(f) establishment;
and
b
is accompanied by a document stating —
i
that it is intended for use by such establishments,
ii
that it may not be fed unprocessed to livestock, and
iii
the amount of the specified substance contained in the material:
or the feed material is intended for supply by way of export to a third country.
5
For the purposes of paragraph (4) above, no UK or EC establishment shall be considered an approved establishment unless —
a
in the case of a UK establishment, it is included in the most recently published national list (if any),
b
in the case of an EC establishment, it is included in the most recently published list (if any) equivalent in the member State concerned to the national list.
6
No person shall mix with any feeding stuff or feed material, any feed material specified in column 2 of Chapter A of Part II of Schedule 7, if the feed material so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
7
No person shall put into circulation any feed material unless it is —
a
sound and genuine, and
b
of merchantable quality.
8
For the purposes of paragraph (7) above, and without prejudice to the provisions of paragraph (3) above, a feed material is not sound, genuine and of merchantable quality if (were it to be incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 7) the level of any substance specified in column 1 of that Part, and contained in the feed material, would exceed the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.
9
Where a person has or has had in his possession or control, for the purposes of a trade or business, any feeding stuff or feed material and becomes aware —
a
in the case of a feeding stuff, that it does not comply with any requirement of paragraphs (1) or (2) above; or
b
in the case of a feed material, that it does not comply with any requirement of paragraphs (3), (4), (7) or (8) above,
he shall immediately notify the Agency, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act in relation to the feeding stuff or feed material in question.
10
For the purposes of the foregoing provisions of this regulation —
a
“feeding stuff” means —
i
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
ii
a product derived from the industrial processing of such a product; or
iii
an organic or inorganic substance, used singly or in a mixture,
whether or not containing additives, for oral feeding to pet animals, to farmed creatures or to animals living freely in the wild, and “complementary feeding stuff”, “complete feeding stuff” and “compound feeding stuff” shall be construed accordingly; and
b
“feed material” means a product or substance within the definition of “feed materials” in Article 2(b) of Council Directive 1999/29/EC on undesirable substances and products in animal nutrition .
Control of compound feeding stuffs containing prohibited materials
15
1
No person shall sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains —
a
faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
b
hide treated with tanning substances, including its waste;
c
seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;
d
wood, sawdust or other materials derived from wood treated with wood protection products;
e
sludge from sewage plants treating waste waters;
f
solid urban waste, such as household waste;
g
untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; or
h
packaging and parts of packaging from products used in agriculture or the food industry.
2
For the purposes of paragraph (1) above, except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC on waste, which is discarded or intended or required to be discarded.
Control of certain protein sources
16
1
Subject to paragraphs (3) and (4) below, no person shall sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 8, unless that material —
a
is named as a permitted product in column 2 of that Schedule; and
b
complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 6 of that Schedule.
2
Subject to paragraph (3) below, no person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.
3
Paragraphs (1) and (2) above shall not apply in relation to any material or product excluded from application of the Certain Products Directive by Article 16 thereof.
4
Paragraph (1) above shall not apply in the circumstances authorised for derogation by Article 3.2 of the Certain Products Directive.
Control of the iron content of milk replacer feeds
17
No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12 per cent.
Control of ash insoluble in hydrochloric acid in compound feeding stuffs
18
1
Subject to paragraph (2) below, no person shall sell, or have in possession with a view to sale —
a
any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3 per cent of its dry matter; or
b
subject to paragraph (2) below, any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2 per cent of its dry matter.
2
Paragraph (1)(b) above shall not apply to the sale of any compound feeding stuff which —
a
contains permitted mineral binders named or described in Commission Regulation (EC) No. 2439/1999 on the conditions for authorisation of additives belonging to the group “binders, anti-caking agents and coagulants” in feeding stuffs ;
b
is a mineral feeding stuff;
c
contains more than 50 per cent of sugar beet chips or sugar beet pulp; or
d
is intended for farmed fish and has a fish meal content of more than 15 per cent,
if the level of ash insoluble in hydrochloric acid is declared in the statutory statement as a percentage of the feeding stuff as such.
Control of feeding stuffs intended for particular nutritional purposes, and supplementary provisions relating to statutory statement
19
1
No person shall sell, or have in possession with a view to sale, any feeding stuff intended for a particular nutritional purpose unless —
a
the particular nutritional purpose in queston is specified in column 1 of Chapter A of Schedule 9;
b
the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;
c
the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;
d
it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;
e
in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 9 are complied with; and
f
the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.
2
Schedule 10 shall have effect as specified in Schedule 4.
Modification of the Agriculture Act 1970 in relation to all feeding stuffs
20
1
Subsection (1) of section 66 shall have effect in England as if —
a
for the definition of “feeding stuff” there were substituted the following definition —
“feeding stuff” means —
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
a product derived from the industrial processing of such a product; or
an organic or inorganic substance, used singly or in a mixture,
whether or not containing additives, for oral feeding to pet animals or farmed creatures;
;
b
for the definition of “pet animal” there were substituted the following definition —
“pet animal” has the same meaning as in Council Directive 70/524/EEC concerning additives in feeding stuffs as amended;
; and
c
before the definition of “prescribed” there were inserted the following definition —
“premixture” means a mixture of additives, or a mixture of additives with substances used as carriers, intended for the manufacture of feeding stuffs;
.
2
Subsection (2)(b) of section 66 shall have effect in England as if the following were substituted for it —
2
b
material shall be treated —
i
as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold, to be used by itself, or as an ingredient, additive or premixture in something which is to be so used; and
ii
as used as a feeding stuff whether it is so used by itself, or as an ingredient, additive or premixture in something which is to be so used.
.
3
Sections 73 and 73A shall have effect in England as if, for the words “animals of any description prescribed for the purpose of the definition of “feeding stuff” in section 66(1) of this Act” there were substituted the words “any farmed creatures”.
4
Section 85 shall have effect in England as if —
a
insofar as it relates to delivery outside the United Kingdom, paragraph (a) no longer applied, and
b
paragraph (b) no longer applied.
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
21
1
In relation to feeding stuffs which have been imported, section 69(1) shall continue to have effect in England subject to the modifications provided for in the following paragraph.
2
The words “and in either case before it is removed from the premises” shall be deleted.
Exemption from these Regulations
22
Insofar as provisions of these Regulations implement the Compound Feeding Stuffs Directive, they shall not apply in the circumstances specified in Article 14(c) of that Directive.
Further exemption from these Regulations
23
The provisions of regulation 13(2) (in so far as they regulate the putting into circulation of additives and material containing additives), and the provisions of regulation 13(7)(a), shall not apply in the circumstances specified in Article 9q5 of the Additives Directive.
Enforcement of provisions made under section 2(2) of the European Communities Act 1972
24
Subject to regulation 1(2), insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of Part IV of the Act under which the other provisions of these Regulations are made, and the provisions of that Part shall apply accordingly.
Modification of section 74A(3) of the Agriculture Act 1970
25
1
In relation to England, for the purposes of the provisions specified in paragraph (2) below, section 74A(3) shall have effect as if, for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000”.
2
The provisions specified for the purposes of paragraph (1) above are regulations 10(1), (2), (3)(a), (4) (in relation to putting into circulation) (6) and (7), 13(3)(a), (c) and (d), (4), (6) and (7) and 14(3), (4), (6), (7) and (9).
Revocations
26
The Feeding Stuffs Regulations 1995 , the Feeding Stuffs (Amendment) Regulations 1996 , the Feeding Stuffs (Amendment) Regulations 1998 , the Feeding Stuffs (Amendment) (No. 2) Regulations 1998 and the Feeding Stuffs (Amendment) Regulations 1999 are hereby revoked in relation to England.
Modification of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
27
In the Feeding Stuffs (Sampling and Analysis) Regulations 1999 —
a
paragraph 5(1) of Part II of Schedule 1 shall have effect in England as if the words “section 76(1)(b) of the Act” read “section 76(7) of the Act, as that section is modified by regulation 10 of the Feeding Stuffs (Enforcement) Regulations 1999” ,
b
the references in paragraph 3(e)(ii) of Part I of Schedule 2, and paragraph 11(a) of Part II of Schedule 3, to “the Feeding Stuffs Regulations 1995”, shall have effect in England as if they read “the Feeding Stuffs Regulations 2000”, and
c
the second entry for Starch (polarimetric method), in Annex I to Part II to Schedule 2, shall have effect in England as if, for the provisions relating to that entry in columns 2 and 3, there were substituted the following provisions:
Point 1 of Annex 1 to Directive 72/199/EEC (as replaced entirely by the Annex to Directive 1999/79/EC ) (4) OJ No. L123, 29.5.72, p. 6. (OJ/SE 1966–1972 supplement p. 74). OJ No. L209, 7.8.1999, p. 23.
.
Modification of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999
28
1
The provisions of the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 specified in paragraph (2) below shall have effect in England as if, after the words “the Feeding Stuffs (Sampling and Analysis) Regulations 1999”, wherever they occur, there were added the words “, as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by the Feeding Stuffs Regulations 2000,” .
2
The provisions referred to in paragraph (1) above are regulations 98(8) and (9), 99 and 106(1).
Modification of the Feeding Stuffs (Enforcement) Regulations 1999
29
In the Feeding Stuffs (Enforcement) Regulations 1999 —
a
in regulation 7(2) and (4), the references to “the Feeding Stuffs Regulations 1995”, shall have effect in relation to England as if they read “the Feeding Stuffs Regulations 2000”,
b
in regulation 8, the reference to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall have effect in relation to England as if it were a reference to those Regulations as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by these Regulations;
c
regulation 9 shall have effect in relation to England as if, for the provisions of that regulation, there were substituted the following provisions:
Modification of section 67(8) of the Agriculture Act 1970
9
In England, section 67(8) of the Act shall (as specified in regulation 7) have effect as if, for the provisions of that subsection, there were substituted the following provisions:
8
If the Minister of Agriculture, Fisheries and Food or the Secretary of State for Health is of the opinion that, in any area covered by an enforcement authority, the Feeding Stuffs Regulations 2000 or section 73 or 73A of the Act have been —
a
insufficiently enforced or administered by the authority concerned, or
b
enforced or administered by it without sufficient regard to the requirements of Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition, as amended by Council Directive 1999/20/EC ,
he may appoint one or more inspectors to exercise the powers exercisable by inspectors appointed by the authority in question, and any expenses certified by him as having been incurred by him under this subsection shall be repaid to him on demand by that authority.
; and
d
regulation 10 shall, in so far as it modifies section 76 in relation to England, be read as if, in that section as so modified —
i
in subsections (8), (9) and (10), the references to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 were references to those Regulations as amended by the Feedingstuffs (Zootechnical Products) Regulations 1999 and as modified by these Regulations, and
ii
for the references in subsection 17 to the Feeding Stuffs Regulations 1995 there were substituted references to these Regulations.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
10th September 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Hounslow) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London Borough of Hounslow specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th May 2000