text:
Citation and commencement
1
This Order may be cited as the Harwich Parkeston Quay Harbour Revision Order 1996 and shall come into force on 6th August 1996.
Interpretation
2
1
In this Order: —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the Act of 1983 ” means the Parkeston Quay Act 1983 ;
“ the Company ” means Harwich International Port Limited;
“deposited plans and sections” means the plans and sections prepared in triplicate, signed by an Under Secretary in the Department of Transport and marked “plans and sections referred to in the Harwich Parkeston Quay Harbour Revision Order 1996”, of which two copies have been deposited at that Department and one copy has been deposited at the offices of the Company at Parkeston Quay, Harwich, Essex CO12 4SR;
“the Harwich Parkeston Quay enactments” means the enactments specified in the Schedule to this Order and this Order;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“the river” means the river Stour;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters or tidal lands below the level of high water;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 of this Order.
3
Unless the context otherwise requires —
a
any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order;
b
map reference points specified in this Order are Ordnance Survey National Grid reference points.
Power to construct works
3
1
Subject to the provisions of this Order the Company may in the district of Tendring and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the works hereinafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say: —
Work No. 1 A quay extension and linkspan approach of open construction consisting of a reinforced concrete deck on tubular steel piles with berthing and associated facilities for vessels commencing on the quay face at a point at TM 37582726 then proceeding in a northerly direction for a distance of 12.5 metres to a point at TM 37592739 then proceeding in a westerly direction for a distance of 60 metres to a point at TM 36992740 and then proceeding in a north-westerly direction for a distance of 59 metres and terminating at a point at TM 36562788.
Work No. 2 A floating pontoon steel fabrication linkspan and a jetty of open construction on tubular steel piles and steel fabrication forming a berthing and mooring line commencing by a junction with Work No. 1 at a point at TM 36562788 then proceeding in an easterly direction for a distance of 245 metres and terminating at a point at TM 39102803.
Work No. 3 A floating pontoon steel fabrication linkspan to replace existing linkspan facility commencing by a junction with Work No. 1 at a point at TM 37592739 then proceeding in an easterly direction for a distance of 60 metres and terminating at a point at TM 38192737.
Period for completion of works
4
If the works are not completed before 1st March 2006 the powers by this Order granted to the Company for constructing the works shall on that day cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Company may from time to time within the limits of deviation, construct and maintain all such necessary works and conveniences as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works including, without prejudice to the foregoing, walkways and associated gangways.
Power to deviate
6
In constructing the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Application of works provisions of Act of 1983
7
1
The following provisions of the Act of 1983 shall, with the necessary modifications, apply to the works as they apply to the works authorised by that Act: —
Section 11 (Tidal works not to be executed without approval of Secretary of State);
Section 12 (Survey of tidal works);
Section 13 (Lights on tidal works during construction, etc. );
Section 14 (Permanent lights on tidal works);
Section 15 (Abatement of works abandoned or decayed);
Section 16 (Provision against danger to navigation);
Section 17 (Defence of due diligence).
2
Section 29 (For protection of conservancy and navigation in Harwich Harbour) of the Act of 1983 shall apply for the purposes of this Order subject to any necessary modifications, including the substitution, for the references therein to sections 5 and 18 of the Act of 1983, of references to articles 5 and 8 of this Order.
3
In the provisions of the Act of 1983 as applied by this article “tidal work” has the meaning given by article 2 of this Order.
Extent of Parkeston Quay
8
The works shall form part of Parkeston Quay and the provisions of the Great Eastern Railway Act 1874 and all other provisions of the Harwich Parkeston Quay enactments shall (so far as the same are applicable and are not inconsistent with the provisions of this Order) apply as if the works had been the quay and connected works authorised by the said Act of 1874.
Protection of Environment Agency
9
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “the Agency”) and the Company, have effect for the protection of the Agency.
2
In this article —
“accumulation” means any accumulation of silt or other material which affects the operation of any outfall;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” have corresponding meanings;
“drainage work” means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure or appliance constructed or used for land drainage, defence against water (including sea water) or tidal monitoring;
“erosion” means any erosion of the bed or banks of the river or any jetty or other structure of whatever nature, including sea defences, under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991 or any order, regulation, byelaw or other instrument made or having effect thereunder;
“the fishery” means fish in, or migrating to or from, any river and the spawn, habitat or food of such fish;
“outfall” means —
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;
“plans” includes sections, descriptions, drawings, specifications and method statements and other such particulars;
“specified work” means any permanent or temporary work or operation authorised by this Order (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken); and
“watercourse” has the meaning given in section 221(1) of the Water Resources Act 1991.
3
a
Before beginning to construct any specified work, the Company shall submit to the Agency plans of the work and such further particulars available to them as the Agency may reasonably require.
b
Any such specified work shall not be constructed except in accordance with such plans as may be approved in writing by the Agency or as settled in accordance with paragraph (16) below.
c
Any approval of the Agency required under this paragraph —
i
shall not be unreasonably withheld;
ii
shall be deemed to have been given if it is neither given nor refused in writing and with a statement of the grounds for refusal within two months of the submission of plans for approval;
iii
may be given subject to such reasonable requirements as the Agency may impose for the protection of any drainage work or fishery or water resources, for the prevention of flooding and water pollution and in the discharge of its environmental and recreational duties.
4
Without prejudice to the generality of paragraph (3) above, the requirements which the Agency may impose under that paragraph include —
a
conditions as to the time at which and the manner in which any work is to be carried out;
b
conditions requiring the Company at their own expense —
i
to provide or maintain means of access for the Agency;
ii
to construct such protective works whether temporary or permanent during the construction of the specified works (including the provision of flood banks, walls or embankments, outfalls and other new works and the strengthening, repair or renewal of existing banks, walls or embankments, outfalls or other works) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reason of any specified work;
iii
to provide, maintain and operate arrangements for dealing with any pollution incidents which may occur.
5
Any specified work, and all protective works required by the Agency under paragraph (4) above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.
6
The Company shall give to the Agency notice in writing of the commencement of any specified work not less than 14 days prior to its commencement and notice in writing of its completion not later than 7 days after such completion.
7
a
If, during the construction of a specified work or within 10 years after the completion of such work and wholly or partly in consequence of its construction there is caused or created an accumulation or erosion, the Company, if so required by the Agency before or within the period of 10 years after such completion shall remedy such accumulation or erosion in the manner specified in sub-paragraph (c) below and, if they refuse or fail so to do, the Agency may itself cause the work to be done and may recover the reasonable cost thereof from the Company.
b
Should any accumulation or erosion in consequence of such construction arise within the said period of 10 years and be remedied in accordance with sub-paragraph (c) below, any recurrence of such accumulation or erosion shall from time to time be so remedied by the Company during the said period of 10 years and at any time thereafter, save that the Company’s obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion a period of 10 years elapses without any further accumulation or erosion being caused or created in consequence of such construction.
c
For the purposes of sub-paragraphs (a) and (b) above —
i
in the case of an accumulation, the remedy shall be its removal; and
ii
in the case of erosion, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency:
Provided that in the event that surveys, inspections, tests or sampling establish that such accumulation or erosion would have been caused in any event by factors other than the construction of a specified work the Company shall be liable to remedy such accumulation or erosion only to the extent that the same is attributable to such construction or exercise as aforesaid.
8
For the purposes of paragraphs (6) and (7)(a) above the date of completion of a work shall be the date on which it is brought into use.
9
a
Any specified work which provides a defence against flooding shall be maintained by and at the expense of the Company to the reasonable satisfaction of the Agency.
b
If any such work is no longer required by the Company or is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require the Company at the Company’s own expense to repair and restore the work, or any part thereof, or to remove the work and restore the site (including any sea defences) to its former condition, to such an extent and within such limits as the Agency thinks proper.
c
If, on the expiration of 30 days from the date on which a notice is served upon the Company, they have failed to comply with the requirements of the notice, the Agency may execute the works specified in the notice, and any expenditure incurred by it in so doing shall be recoverable from the Company.
10
If by reason of the construction of any specified work or by reason of the failure of that work or of the Company to maintain it the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by the Company to the reasonable satisfaction of the Agency and, if the Company fail to do so, the Agency may make good the same and recover from the Company the expense reasonably incurred by it in so doing.
11
If any works are constructed by the Agency in relation to a drainage work the Company shall have no claim against the Agency in respect of any additional costs which may be incurred by the Company as a result of such works.
12
The Company shall indemnify the Agency in respect of all costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain —
a
in the examination or approval of plans under this article;
b
in the inspection of the construction of the specified works or any protective works required by the Agency under this article.
13
a
Without prejudice to the other provisions of this article the Company shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or incurred by, the Agency by reason of the construction of any of the works or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of the Company, their contractors, agents, workmen, or servants whilst engaged upon any such work.
b
The Agency shall give to the Company reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of the Company which agreement shall not be unreasonably withheld.
14
The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not relieve the Company from any liability under the provisions of this article.
15
Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991 , the Salmon and Freshwater Fisheries Act 1975 , the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency.
16
a
Unless the parties agree to arbitration any difference arising between the Company and the Agency under paragraph (3) above shall be settled by the Minister of Agriculture, Fisheries and Food on a reference to him by either party after notice in writing to the other.
b
Subject to sub-paragraph (a) above, any difference arising between the Company and the Agency under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator appointed by agreement between the parties on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President of the Institution of Civil Engineers.
Crown rights
10
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a Government Department or held in trust for Her Majesty for the purposes of a Government Department without the consent in writing of that Government Department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
23rd July 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Northbrook Instrument of Management (Variation) Order 1996 and shall come into force on 1st November 1996.
Variation of the Northbrook Instrument of Management Order 1973
2
1
The Northbrook Instrument of Management Order 1973 shall be varied in accordance with the following paragraphs of this Article.
2
In Article 2 (interpretation) —
a
in paragraph (1) —
i
in the definition of “the Act” for the words “Children and Young Persons Act 1969” there shall be substituted the words “Children Act 1989”;
ii
in the definition of “the home” for the words “voluntary home” there shall be substituted the words “Controlled Community Home”; and
iii
in the definition of “local authority” for the words “Children and Young Persons Act 1969” there shall be substituted the word “Act”; and
b
in paragraph (2) for the words “Interpretation Act 1889” there shall be substituted the words “Interpretation Act 1978”.
3
In Article 3 (purpose and nature of home) —
a
for paragraph (1) there shall be substituted the following paragraph —
3
1
The purpose of the home shall be the accommodation of not more than 30 children under the age of eighteen who are either looked after by a local authority under the Act, or detained pursuant to section 53 of the Children and Young Persons Act 1933 .
; and
b
in paragraph (2) after the words “residential care of children” there shall be inserted the words “in open and, subject to the approval of the Secretary of State, in secure accommodation”.
4
In Article 5 (character of home) for the words “section 40(3) of” there shall be substituted the words “sub-paragraph (4) of paragraph 2 of Schedule 4 to”.
5
In article 18(1) (finance) for the words “section 41(5) of” there shall be substituted the words “sub-paragraph 13 of paragraph 3 of Schedule 4 to”.
Signed by authority of the Secretary of State for Health
Simon Burns
Parliamentary Under Secretary of State,
Department of Health
24th September 1996


text:
Title and commencement
1
This Order may be cited as the Code of Practice on Environmental Procedures for Flood Defence Operating Authorities (Environment Agency) Approval Order 1996 and shall come into force on 1st January 1997.
Approval of Code of Practice
2
The Ministers approve the code of practice issued by them entitled “Code of Practice on Environmental Procedures for Flood Defence Operating Authorities” for the purpose of —
a
giving practical guidance to the Environment Agency with respect to the matters for the purposes of which section 6(1), 7 and 8 of the Environment Act 1995 have effect; and
b
promoting what appear to them to be desirable practices by the Environment Agency with respect to those matters.
Tim Boswell
Parliamentary SecretaryMinistry of Agriculture, Fisheries and Food
4th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of StateWelsh Office
5th December 1996


text:
PART I
INTRODUCTORY
Title, commencement, interpretation and extent
1
1
These Regulations may be cited as the Products of Animal Origin (Import and Export) Regulations 1996 and shall come into force —
a
save in relation to regulations 11 and 12, on 1st January 1997; and
b
in relation to regulations 11 and 12, on 1st April 1997.
2
In these Regulations, unless the context otherwise requires, any expressions used in Directive 89/662 and Directive 90/675 have the same meanings as in those directives, and —
“aquaculture product” means a product controlled pursuant to Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture products and animals ;
“bivalve molluscs” means filter-feeding lamellibranch molluscs;
“border inspection post” means any place in Great Britain which is specified in the part of the Annex to Decision 95/357 which relates to the United Kingdom;
“customs warehouse” has the same meaning as in Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code ;
“Decision 95/357” means Commission Decision 95/357/EC drawing up a list of border inspection posts agreed for veterinary checks on products and animals from third countries, detailed rules concerning the checks to be carried out by the veterinary experts of the Commission and repealing Decision 94/24/EC , as read in accordance with Schedule 1;
“Directive 82/894” means Council Directive 82/894/EEC on the notification of animal diseases within the Community , as read in accordance with Schedule 1;
“Directive 89/662” means Council Directive 89/662/EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market , as read in accordance with Schedule 1;
“Directive 90/425” means Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market , as read in accordance with Schedule 1;
“Directive 90/667” means Council Directive 90/667/EEC laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin and amending Directive 90/425/EEC , as amended by Directive 92/118;
“Directive 90/675” means Council Directive 90/675/EEC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries , as read in accordance with Schedule 1;
“Directive 92/118” means Council Directive 92/118/EEC laying down animal and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC , as read in accordance with Schedule 3;
“Divisional Veterinary Manager” means a veterinary surgeon appointed by the Minister to be responsible for an animal health division;
“establishment” means any undertaking which produces, stores or processes products of animal origin;
“fishery products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992 ;
“free zone” and “free warehouse” have the same meaning as in Article 166 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code;
“health conditions” includes conditions relating to both animal health and public health;
“the hygiene Regulations” means the Fresh Meat (Hygiene and Inspection) Regulations 1995 , the Wild Game Meat (Hygiene and Inspection) Regulations 1995 and the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“import” means import into Great Britain;
“local authority” means —
a
in relation to England —
i
where there is a Port Health Authority, that authority;
ii
where there is not a Port Health Authority,
aa
as respects each district or London borough the council of that district or London borough;
bb
as respects the City of London, the Common Council; and
cc
as respects the Isles of Scilly, the Council of the Isles of Scilly;
b
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; and
c
in relation to Wales —
i
where there is a Port Health Authority, that authority;
ii
where there is not a Port Health Authority, as respects each county or county borough, the council of that county or county borough;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“official veterinary surgeon”, except in regulation 13, means a person designated under regulation 2;
“other shellfish” means echinoderms, tunicates or marine gastropods;
“place of destination” means the address or addresses to which a consignment is consigned by the consignor;
“product of animal origin”, in relation to intra-Community trade means —
a
a product controlled pursuant to one of the directives specified in Annex A to Directive 89/662 (except for aquaculture products not intended for human consumption), or
b
a product covered by Annex B to Directive 89/662;
and in relation to third country trade means those products as well as —
c
aquaculture products;
d
semen, embryos, ova and hatching eggs referred to in Directive 90/425;
e
hay and straw; and
f
any product controlled by Directive 90/667;
“Regulation 1274/91” means Commission Regulation (EEC) No. 1274/91 introducing detailed rules for implementing Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs as amended .
3
For the purposes of these Regulations, goods are in customs temporary storage arrangements if they have been presented to Customs under Articles 50 to 53 of Council Regulation (EEC) No. 2913/92 establishing the Community Customs Code.
4
Any reference in these Regulations to a European Community instrument is a reference to it as amended, modified or otherwise affected by any other such instrument at the time these Regulations were made.
5
All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
7
These Regulations (other than regulation 6) shall not apply in the circumstances described in Article 14 of Directive 90/675.
8
These Regulations do not extend to Northern Ireland.
Designation of official veterinary surgeons
2
1
The Minister may designate a veterinary surgeon as an official veterinary surgeon for the purposes of these Regulations.
2
Subject to paragraphs (3) and (4) below, the Minister may, at any time, revoke or suspend the designation of any person as an official veterinary surgeon if it appears to the Minister that such person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations.
3
Where the Minister revokes or suspends a designation under paragraph (2) above he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of making representations in writing to the Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the Minister.
4
A notice given under paragraph (3) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (2) above in the light of those representations.
5
The powers of the Minister under this regulation shall be exercised in Scotland and Wales by the Secretary of State.
PART II
ENFORCEMENT
Enforcement
3
1
Except where expressly otherwise provided, these Regulations shall be executed and enforced —
a
in relation to —
i
premises licensed under the hygiene Regulations;
ii
combined premises approved or registered under the Minced Meat and Meat Preparations Regulations 1995 ; or
iii
combined premises (except those attached to cutting plants) approved under the Meat Products (Hygiene) Regulations 1994 ,
by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland and Wales;
b
in any other case, by the local authority within its area.
2
Subject to paragraph (4) below, where the Minister is satisfied that a local authority is failing or has failed to execute or enforce these Regulations, either generally or in any individual case or in any class of case, he may, having given notice to that authority, empower one of the Minister’s officers to execute or enforce them in place of that authority.
3
The Minister may recover from the local authority in default any expenses reasonably incurred by him under paragraph (2) above.
4
In addition to the powers in paragraph (2) above, the Minister may direct, in relation to cases of a particular description or a particular case, that these Regulations shall be executed and enforced by the Minister instead of the local authority, or jointly by the Minister and the local authority.
5
The powers of the Minister under paragraphs (2), (3) and (4) above, in relation to matters concerning public health where the products concerned are subject to intra-Community trade —
a
in England, may be exercised by the Minister or the Secretary of State for Health;
b
in Scotland and Wales, shall be exercised by the Secretary of State instead of by the Minister.
Powers to give directions
4
1
The following Ministers, acting alone or jointly, namely, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State concerned with health in England shall have power to give directions in writing to a local authority concerning the execution and enforcement of these Regulations.
2
In the exercise of the functions conferred on them by these Regulations, every local authority shall comply with any relevant provision of such directions.
3
Any such directions shall, on the application of the Minister or the Secretary of State, be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the Court of Session Act 1988 .
Appointment of official veterinary surgeons for the enforcement of Part IV
5
1
Subject to paragraph (2) below, a local authority in whose area there is a border inspection post and which is enforcing Part IV of these Regulations (imports from third countries) shall appoint an official veterinary surgeon (or, in the case of a post which will only carry out checks in accordance with regulation 22 (fishery products), an authorised officer of the local authority) together with such assistants as may be necessary to be in charge of all checking and certification under Part IV of these Regulations at the post, including —
a
carrying out or supervising all necessary checks;
b
signing all necessary certificates and certified copies;
c
retaining original certificates where necessary and issuing certified copies;
d
performing any other duties necessary for the enforcement of these Regulations at the post; and
e
executing and enforcing the relevant provisions of Directive 90/675, Directive 92/118 or any decision made under them.
2
In the case of any border inspection post through which only products of animal origin which are covered by Directive 92/118 are imported, the Minister instead of a local authority may enforce these Regulations.
Enforcement powers
6
1
The Minister may appoint persons to act as his authorised officers for the purposes of these Regulations.
2
An authorised officer of the Minister or of a local authority shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any business premises for the purposes of enforcing these Regulations.
3
In enforcing these Regulations, an authorised officer of the Minister or of a local authority may —
a
carry out inspections of premises, means of transport, plant and equipment used for or relating to products of animal origin, cleaning and maintenance products, procedures used for the production and processing of products of animal origin and the marking and labelling and presentation of those products;
b
check whether staff comply with the requirements of regulations relating to animal and public health;
c
take samples to establish whether or not these Regulations are being complied with, and, by notice served on the person in charge of the products, detain products of animal origin pending the analysis of those samples;
d
examine documentary or computer material relevant to their powers;
e
take with him a representative of the European Commission who is acting as an inspector for the purposes of Directive 89/662 or 90/675.
4
If a justice of the peace, or in Scotland the sheriff, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any of the purposes of this regulation and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice or sheriff may by warrant signed by him, and valid for one month, authorise the authorised officer to enter the premises, if need be by reasonable force.
5
In this regulation,
a
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State; and
b
“premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
Returns
7
1
Local authorities shall send to the Minister (or, in Scotland, the Secretary of State) a return comprising the following information —
a
details, categorised by country of origin and including a description of the product concerned, of consignments checked by them which have been refused, re-dispatched, destroyed or authorised for use other than for human consumption, and the reason for such action;
b
a list of all samples taken by them for the purposes of laboratory analysis, and the results of such analysis;
c
the total number of consignments checked by them, and the total weight of the consignments categorised by product and by country of origin.
2
The Minister or the Secretary of State shall determine how frequently such returns are required.
Notification of decisions
8
If the consignor or his representative so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
PART III
INTRA-COMMUNITY TRADE
Application of Part III
9
This Part of these Regulations shall apply to —
a
trade with other member States in products of animal origin which originate in a member State;
b
trade with other member States in products of animal origin which —
i
originate in a third country; and
ii
are in free circulation in member States; and
c
imported fishery products which —
i
originate in a third country;
ii
were caught in their natural environment; and
iii
have not or had not been on land prior to their importation into the European Community.
Exports to other member States
10
1
No person shall export or consign for export to another member State any product of animal origin which is covered by one or more of the sets of Regulations specified in Schedule 2 or by Directive 92/118 unless —
a
it complies with —
i
the relevant provisions of those Regulations or that Directive;
ii
any option permitted by any of the directives specified in Schedule 3 which has been exercised by the member State of destination; and
iii
any additional requirements or health conditions of the member State of destination;
b
it is accompanied by any documents required by the Regulations referred to in Schedule 2, by Directive 92/118 or by the member State of destination;
c
where Directive 92/118 requires that a computerised system message, fax or telex is transmitted ahead of the export, at least 24 hours’ notice of the export has been given to the Minister by the exporter; and
d
if the product is produced, processed, stored in, or supplied from, an establishment which, by virtue of regulation 11 or 12 has to be registered or notified, the establishment is so registered or notified.
2
No person shall export or consign for export to another member State any product of animal origin in any other case unless it fulfils all the health conditions of the member State of destination, including any documentary requirements.
3
Each person who has control of an establishment shall ensure that all products of animal origin intended for export to another member State comply with the requirements in paragraph (1) or (2) above.
4
Where products of animal origin are consigned to more than one destination, they shall be grouped together in as many batches as there are places of destination, and the consignor shall ensure that all documents required in paragraph (1) or (2) above are provided with each batch.
5
No person shall export or consign for export to another member State any product of animal origin covered by Annex B to Directive 89/662 if it cannot (except for labelling reasons) legally be marketed in Great Britain.
6
This regulation shall apply without prejudice to the requirements of the Bovine Products (Despatch to other Member States) Regulations 1996 .
Registration of certain establishments which produce, process or store products of animal origin
11
1
This regulation shall apply to any establishment which, for the purpose of export or consignment for export to another member State —
a
produces or processes any product of animal origin which is referred to in Directive 92/118, being an establishment which is not already registered or approved in accordance with any Community legislation referred to in paragraphs 1 to 11 or 13 to 15 of Schedule 3, under Directive 90/667 or under Regulation 1274/91 and in respect of which there is not a licence issued under section 8 of the Medicines Act 1968 ; or
b
stores any product of animal origin referred to in Directive 92/118 for which that Directive lays down specific storage requirements.
2
Any person who has control of an establishment to which this regulation applies shall register that establishment with the Minister on the basis of a written assurance to the Minister that the establishment complies with the relevant requirements of these Regulations.
3
The Minister shall keep a register of the establishments in respect of which he has received the assurance referred to in paragraph (2) above and may inspect them from time to time.
4
If required to do so by a notice served on him by the Minister, a person who has control of an establishment to which this regulation applies shall give to the Minister such assurance as to compliance with these Regulations as shall be specified in the notice.
5
The Minister may remove an establishment from the register if he is satisfied that the establishment in question has ceased to comply with the relevant requirements of these Regulations.
Notification of certain establishments which supply or store products of animal origin
12
1
Subject to paragraph (2) below, this regulation shall apply to any establishment which is not already registered or approved in accordance with any Community legislation referred to in paragraphs 1 to 11 or 13 to 15 of Schedule 3, under Directive 90/667 or under Regulation 1274/91 and in respect of which there is no licence issued under section 8 of the Medicines Act 1968 and which —
a
supplies for export or consignment for export to another member State; or
b
acts as an intermediate storage facility for,
any product of animal origin covered by Directive 92/118.
2
This regulation shall not apply if the establishment is registered under regulation 11 in respect of the same products of animal origin.
3
Any person with control of an establishment to which this regulation applies shall notify the Minister of the name and address of the establishment and details of the product concerned.
4
If required to do so by a notice served on him by the Minister, an occupier of an establishment to which this regulation applies shall notify the Minister of the name and address of the establishment and shall give to him such undertakings as to compliance with these Regulations as shall be specified in the notice.
5
The Minister shall keep a register of any notifications received by virtue of paragraph (3) or (4) above.
6
Any person who has notified the Minister in accordance with paragraph (3) or (4) above shall keep a record of all deliveries of products of animal origin and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the product of animal origin, and shall keep such records for 12 months from the arrival of the consignment.
Inspection and checking of imports
13
1
At a border inspection post, unless the products are transported by regular, direct means of transport linking two geographical points of the Community, an authorised officer of a local authority shall carry out documentary checks of all imported products of animal origin if he considers it necessary to establish the place of origin, and products of animal origin to which this Part of the Regulations applies shall be dealt with in accordance with this Part of the Regulations.
2
An authorised officer of the Minister or of a local authority shall have power to inspect at their place of destination all products of animal origin imported into Great Britain to which this Part of these Regulations applies, so as to ensure that all animal and public health conditions relating to imports are complied with, including any documentary requirements.
3
An authorised officer of the Minister or of a local authority shall have power to inspect such products of animal origin at any time during transport to their place of destination if he has information leading him to suspect an infringement of these Regulations or any animal or public health condition relating to imports, including requirements relating to the means of transport.
4
Any powers exercised under regulation 6 shall be exercised only in accordance with this regulation in relation to imports to which this Part of these Regulations applies until they reach their place of destination and at the place of destination.
5
Where an establishment is supervised by an official veterinary surgeon, he shall ensure that all products of animal origin which are products to which this Part of these Regulations applies and which enter the establishment comply with all animal and public health import conditions relating to marking and accompanying documentation, and he shall forthwith notify the appropriate Divisional Veterinary Manager of any irregularity or anomaly.
6
Where an establishment is not supervised by an official veterinary surgeon, any person who markets any product of animal origin which is a product to which this Part of these Regulations applies, or divides up batches of such product for distribution or marketing, shall check, before the batch is divided up or marketed, that all products of animal origin comply with all animal and public health conditions relating to marking and accompanying documentation, and he shall forthwith notify the appropriate Divisional Veterinary Manager of any irregularity or anomaly.
7
In this regulation “official veterinary surgeon” means a person designated as such by the Minister (or in Scotland or Wales, the Secretary of State) for the purposes of supervising the establishment in question.
Removal of documents
14
No person shall remove from any consignment of products of animal origin the documents provided in accordance with the directives listed in Schedule 3 or any relevant national law relating to health conditions, or divide up any batch for which documents are so provided, until the checks required under regulation 13 have been carried out.
Duties of consignees
15
Any person who has received by way of trade products of animal origin consigned to him from another member State shall —
a
keep a register recording the delivery for a period of three years;
b
keep all documentation provided with such consignment for a period of three years or such other period as may be specified in the directive dealing with the product; and
c
if an authorised officer of the Minister or the local authority has by notice required him to do so, forthwith report to the person specified in the notice the arrival or anticipated arrival of any product specified in the notice by the quickest practicable means (and, if such report is given orally, confirm the report in writing) and, if required to do so by the notice, keep such product at the place to which it was consigned for 24 hours from the time of arrival or until it has been inspected by such officer if sooner.
Consignments posing a risk to health and illegal consignments
16
1
If an authorised officer of the Minister or a local authority establishes in imported products of animal origin the presence of agents responsible for a disease named in Directive 82/894, or a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans, he shall, by notice served on the person appearing to him to have charge of the consignment —
a
prohibit the movement of the consignment except as specified in the notice; and
b
order the batch to be destroyed or used in some other way.
2
If an authorised officer of the Minister or a local authority establishes that imported products of animal origin come from an area infected by an epizootic disease relevant to the species of origin of the product, he shall, except where the product has been subjected to one of the treatments referred to in Article 4 of Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat products , by notice in writing, take the action set out in paragraph (1)(a) or (b) above.
3
Subject to the following paragraph, if an authorised officer of the Minister or a local authority establishes that the products do not meet an animal or public health condition relating to import he may, by means of a notice served on the person appearing to him to have charge of the consignment, prohibit the movement of the consignment except as specified in the notice.
4
If a notice is served under paragraph (3) above, the officer serving the notice shall serve on the person appearing to him to be the owner of the goods a notice —
a
ordering the destruction of the goods; or
b
if public and animal health considerations so permit, giving the person appearing to him to be the owner the choice of destroying the goods or using the goods for such other purposes as may be specified in the notice, including returning them (with the authorisation of the competent authority of the country of the establishment of origin) to their country of origin.
5
If the only way in which the consignment fails to comply with legislation is irregularity in documentation, any notice specifying action under paragraph (4) above shall grant the consignor a period of seven days to produce the correct documentation before such action is taken.
6
In the event of a notice not being complied with, an authorised officer of the Minister or a local authority shall be empowered to destroy the goods.
7
The costs of returning the consignment, storing the goods, putting them to other uses or destroying them shall be borne by the consignee, unless the goods are destroyed under the provisions of paragraph (1) or (2) above, in which case the costs shall be borne by the consignor or his agent.
8
An officer of a local authority exercising any powers under this regulation shall forthwith notify the appropriate Divisional Veterinary Manager of any findings arrived at, the decisions taken and the reasons for such decisions.
9
Any notice served under this regulation shall give details of a right of appeal against the decision taken, including the relevant time limits.
Repeated irregularities
17
Where in accordance with Article 8(1) of Directive 89/662 another member State has notified the Minister of repeated irregularities concerning products of animal origin from an establishment in Great Britain, the Minister, the Secretary of State or the local authority (as the case may be) shall intensify checks on products coming from the establishment in question and, if there are serious animal or public health grounds, suspend any approval granted to that establishment.
Defence
18
It shall be a defence for any person charged with an offence relating to accompanying documentation under regulation 13 or 14 to prove —
that the consignment received was part of a larger consignment which was consigned to another address:
that the batch had, so far as he was aware, the correct documentation at the time of delivery; and
that he believed that the documentation would be delivered to the point of final destination of the last part of the batch.
PART IV
IMPORTS FROM THIRD COUNTRIES
Application of Part IV
19
This Part of these Regulations shall have effect in relation to imports of products of animal origin (except for aquaculture products which are not for human consumption) from countries which are not member States, including —
a
an import through another member State in the circumstances set out in Articles 8(4) and 11(2)(b) of Directive 90/675; and
b
goods which are intended to be placed in a customs warehouse or free zone or free warehouse,
with the exception that this Part of these Regulations shall not apply to imports to which regulation 9(c) applies.
Border inspection posts
20
1
No person shall import any product of animal origin except at a border inspection post.
2
The only products of animal origin which may be imported through a border inspection post are those indicated in relation to that border inspection post in Decision 95/357.
3
If products are imported at any place other than a border inspection post, or at a border inspection post not authorised to accept those products, an authorised officer of the Minister or a local authority shall, by notice in writing, require the person appearing to him to be in charge of the consignment to destroy it, re-export it, or move it to a border inspection post, in each case under the control and direction of the authorised officer.
4
Any notice served under paragraph (3) above shall give details of a right of appeal against the decision taken, including the relevant time limits.
5
In the event of a notice not being complied with, an authorised officer of the Minister or a local authority may destroy the products.
6
The costs incurred in destroying, storing or transporting the products shall be borne by the importer or his agent.
7
The operator of any place of import other than a border inspection post who becomes aware of the importation of any product of animal origin which should have been imported through a border inspection post shall immediately detain the consignment, notify the local authority for the point of import and shall not release the consignment until authorised in writing to do so by an authorised officer of the Minister or of the local authority.
Import procedure
21
1
No person shall import any product of animal origin (except fishery products or live bivalve molluscs or other shellfish) unless he has given to either the official veterinary surgeon at the border inspection post or the Minister the following periods of advance notice of arrival —
a
for consignments arriving by air, at least six hours, given during the working day of the border inspection post;
b
in any other case, at least one working day of the border inspection post.
2
The notice referred to in paragraph (1) above shall be in accordance with Article 4(4) of Directive 90/675.
3
No person shall remove any product of animal origin to which this regulation applies from customs temporary storage arrangements except as provided for in regulation 22(2), 24 or 25 unless there has been provided to the Customs and Excise —
a
the certificate signed by the official veterinary surgeon and issued under Article 10(1), second indent, of Directive 90/675 that the veterinary checks (or, in the case of Articles 8(4) and 11(2)(b) of that directive dealing with deferred checks, or Article 12 of that directive dealing with the transit of products from one third country to another, the checks specified in those articles) have been carried out on the products in question in accordance with Articles 4 and 8 of that directive to his satisfaction; and
b
proof that those checks have been paid for, and that, where relevant, a deposit covering any costs provided for in Article 16(3) of that directive has been lodged with the local authority.
4
The official veterinary surgeon shall ensure that all checks required by Directive 90/675 are carried out to his satisfaction, either by him or under his supervision, before he signs the certificate required under paragraph (3) above.
5
Before authorising the release of any products, the official veterinary surgeon shall, in cases where there is a doubt whether such product should be released, consult the appropriate Divisional Veterinary Manager, and following such consultation, shall take no further action without first informing him.
Import procedure for fishery products or live bivalve molluscs and other shellfish
22
1
In the case of the importation of fishery products or live bivalve molluscs or other shellfish, the prohibitions and procedures, including time limits, in regulation 21 shall apply except that all powers and duties of an official veterinary surgeon may be carried out by an authorised officer of the local authority.
2
Where an authorised officer of a local authority is satisfied that the movement of these products would not give rise to a public or animal health risk, he may authorise their removal from customs temporary storage arrangements under customs control to different customs temporary storage arrangements at the same border inspection post for the checks to be carried out.
Free zones and free warehouses
23
A person transporting products of animal origin between customs temporary storage arrangements and a free zone or free warehouse, or from one free zone or free warehouse to another, shall only do so —
under customs control;
by means of transport sealed by the official veterinary surgeon or a person under his supervision (or, in the case of fishery products or live bivalve molluscs or other shellfish, an authorised officer of the local authority); and
if the products are accompanied by a document signed by the official veterinary surgeon (or, in the case of fishery products or live bivalve molluscs or other shellfish, an authorised officer of the local authority) specifying which checks have been carried out.
Transhipment under customs control
24
1
This regulation applies to the transhipment of products of animal origin between one aircraft or vessel and another connecting two countries, neither of which is a member State and where the products do not leave customs control and do not leave the border inspection post of arrival except for re-exportation.
2
No person shall carry out a transhipment to which this regulation applies unless the notice provided under regulation 21 or 22 also specifies the means by which the products will be transhipped, and the vessel or aircraft to which they are to be transhipped.
3
When the transhipment entails the products being temporarily stored with a view to being forwarded to a predetermined third country, the official veterinary surgeon (or, in the case of fishery products and live bivalve molluscs or other shellfish, an authorised officer of the local authority) shall —
a
carry out a documentary check of the products; and
b
serve a notice on the person having control of the products specifying the time by which the products must leave Great Britain.
4
If a notice served under the preceding paragraph is not complied with, the products shall be dealt with in accordance with regulation 21 or 22.
Consignments posing a risk to health and illegal consignments
25
1
Subject to paragraphs (2) and (3) below, where checks at the border inspection post reveal that a consignment of products of animal origin does not comply with animal or public health conditions relating to import or, in the opinion of the official veterinary surgeon, constitutes a risk to animal or human health, an official veterinary surgeon or person acting under his supervision, after consulting the importer or his representative, may serve on the importer or his agent a notice —
a
permitting the use of the products for purposes other than human consumption if that is authorised under rules made under Article 16(2) of Directive 90/675;
b
ordering the re-dispatch of the consignment outside the European Community; or
c
ordering the destruction of the consignment.
2
Subject to paragraph (3) below, where products of animal origin do not comply with animal or public health conditions but are intended for re-export, the official veterinary surgeon, after consultation with the Divisional Veterinary Manager, may authorise in writing the importer to transport the products for storage in a free zone or free warehouse and store them there provided that —
a
they correspond to their accompanying documents;
b
they are stored in separate rooms from the products destined to be put into free circulation in the territory of the European Community;
c
they are not released except to a country outside the European Community in accordance with Article 12 of Directive 90/675;
d
the importer has produced to the person operating the free zone or warehouse evidence that the local authority for the free zone or warehouse does not oppose the introduction of the products;
e
the official veterinary surgeon for the border inspection post of importation has specified the fact of the passage or storage of the products on the veterinary certificates or documents;
f
the means of land transport is cleansed and disinfected to the satisfaction of the local authority of the free warehouse or free zone before being used for further transport; and
g
while they are there, they do not undergo any transformation other than division of the consignment.
3
In the case of fishery products and live bivalve molluscs or other shellfish, the powers of the official veterinary surgeon shall be exercised by an authorised officer of the local authority who shall consult as he considers appropriate.
4
In the event of a notice not being complied with, the person serving the notice may destroy the consignment.
5
Any notice served under this regulation shall state the reasons for the decision and shall give details of a right of appeal against the decision, including the relevant time limits.
6
The importer shall be liable for any costs incurred under this regulation.
PART V
IMPORTS FROM THIRD COUNTRIES OF AQUACULTURE PRODUCTS
Imports from third countries of aquaculture products not for human consumption
26
This Part of the Regulations shall have effect in relation to imports from countries which are not member States of aquaculture products which are not for human consumption, including in the circumstances set out in regulation 19(a) and (b) above.
Application of Part IV to imports from third countries of aquaculture products
27
The provisions of Part IV of these Regulations shall apply to aquaculture products as they apply to other imports, except that all duties placed on the official veterinary surgeon shall be performed by an officer of the Minister.
PART VI
CHARGES
Interpretation
28
For the purposes of this Part, a “health inspection and control exercise” means an inspection or supervisory function carried out by the Minister or local authority pursuant to any provision of these Regulations.
Payment of charges
29
A charge shall be made for health inspection and control exercises carried out by the Minister or by the local authority.
Calculation of charge
30
The charge for carrying out a health inspection and control exercise must be reasonable, and
in relation to imports, must cover the items specified in Schedule 4; and
in any other case, must cover the items listed in paragraphs 1, 3, 5 and 6 of Schedule 4.
Liability for charges
31
Charges under these Regulations shall be payable —
in the case of charges for a health inspection and control exercise carried out under regulation 11 or 12, by the person who has control of the establishment in relation to which those charges arise; and
in the case of charges for any other health inspection and control exercise, by the person who imports the products of animal origin in relation to which those charges arise.
Release of products
32
Products for which charges are due under these Regulations shall not be released by the person carrying out the checks until such charges are paid.
Information relating to charges
33
1
The Minister or the local authority as appropriate shall, if requested in writing, supply to any person who is liable to pay a charge under these Regulations, or any organisation representing such persons, details of the calculations used in deciding the amount of the charges, and shall take into account any representations made to them by such person or organisation in determining the charge.
2
If requested in writing to do so by the Minister, a local authority shall provide the Minister with such information as he may require relating to the calculation of charges, and with copies of any written representations made by the persons mentioned in paragraph (1) above.
Appeals
34
1
Any person who pays a charge to a local authority under these Regulations, or an organisation representing such persons, and who considers the charges to be unreasonably high may, within 28 days of the charge being levied, appeal to the Minister against the amount of the charge.
2
Where an appeal is brought under paragraph (1) above, the Minister shall consult the local authority and if, after such consultation, he is satisfied that the amount charged is unreasonably high, he shall require the local authority to recalculate the amount of the charge in accordance with such directions as he shall give.
3
Pending the recalculation of the charge by the local authority, the original charge shall continue, but after recalculation the new charge shall have effect from the date on which the original charge was made and the local authority shall re-imburse the person who has paid the charge accordingly.
4
Any person who pays a charge to the Minister under these Regulations, or an organisation representing such persons, and who considers the charges to be unreasonably high may, within 28 days of the charge being levied, appeal to an independent person appointed by the Minister against the amount of the charge.
5
The terms of appointment and the remuneration of the independent person shall be determined by the Minister.
PART VII
HEALTH THREATS IN OTHER COUNTRIES
Serious threats to health in other countries
35
1
This regulation shall apply where the Minister or the Secretary of State learns, under the procedures set out in Article 9 of Directive 89/662 or Article 19 of Directive 90/675 or Article 10 of Directive 90/425, or where, through any other means he has reasonable grounds to suspect, that there is present in any other country a disease referred to in Directive 82/894, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1) above, the Minister or the Secretary of State may, for the purpose of preventing the spread of disease in Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence of any disease or zoonosis or other cause likely to constitute a serious hazard in another country, the area affected, and the types of products of animal origin affected.
3
Upon such declaration being made, any product of animal origin entering Great Britain which is the subject of the declaration shall be in breach of the animal or public health conditions relating to the import of the product unless it satisfies such conditions as may be specified in the declaration.
PART VIII
OFFENCES AND PENALTIES
Obstruction
36
1
No person shall —
a
intentionally obstruct any person acting in the execution and enforcement of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution and enforcement of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution and enforcement of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
37
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 36(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both.
4
Paragraphs (1) to (3) above shall not apply to anything done or omitted by the Minister, the Secretary of State or a local authority.
Offences by bodies corporate
38
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Protection of officers acting in good faith
39
1
An officer of the Minister, the Secretary of State or a local authority is not personally liable in respect of any act done by him in the execution or purported execution of these Regulations within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving the Minister, the Secretary of State or any local authority from any liability in respect of acts of their officers.
PART IX
MISCELLANEOUS
Disapplication of provisions
40
1
The provisions listed in Part I of Schedule 5 shall not apply to products of animal origin to which these Regulations apply.
2
The provisions listed in Part II of Schedule 5 shall not apply to products of animal origin to which these Regulations apply and which are imported from other member States.
Consequential amendments
41
The consequential amendments set out in Schedule 6 shall have effect.
Revocations
42
The Regulations specified in Schedule 7 are hereby revoked to the extent specified in column 3 of that Schedule.
Signed by authority of the Secretary of State
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996
Signed by authority of the Secretary of State for Scotland
Lindsay
Parliamentary Under Secretary of State, Scottish Office
11th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 and shall come into force on 1st April 1996.
Interpretation
2
1
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ; and
“specified health service functions” means the Secretary of State’s functions relating to the health service under the enactments specified in column (1) of Schedule 1 (the subject matter of the relevant functions being indicated in column (2) of that Schedule), including functions under any regulations made under any of those enactments.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Functions exercisable by Health Authorities
3
1
Subject to paragraph (2) and regulation 4, every Health Authority shall exercise the specified health service functions on behalf of the Secretary of State —
a
in so far as those functions consist of providing or securing the provision of services to patients, other than the services referred to in sub-paragraph (b) of this paragraph, for the benefit of —
i
persons usually resident in their area, and
ii
persons resident outside the United Kingdom who are present in their area;
b
in so far as those functions consist of providing or securing the provision of —
i
accident and emergency services and ambulance services,
ii
any other services which the Secretary of State may direct,
for the benefit of all persons present in their area; and
c
in so far as those functions consist of any other functions, generally as respects their area.
2
The functions exercisable by a Health Authority under paragraph (1)(a) do not include providing or securing the provision of any services which are, or are to be, purchased by the members of a recognised fund-holding practice in accordance with the National Health Service (Fund-holding Practices) Regulations 1996 .
3
A Health Authority shall exercise the specified health service functions in accordance with paragraph (1) at or from hospitals, establishments or facilities owned by the Secretary of State for the purposes of the health service and situated in their area, or by means of NHS or other contracts.
4
In this regulation, references to accident and emergency services are references to those services provided at the accident and emergency department, or a minor injuries unit, of a health service hospital, and do not include any subsequent treatment connected with the provision of those services.
5
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to where a person is usually resident for the purposes of this regulation —
a
he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being that at which he usually resides;
b
where he gives no such address, he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being his most recent address;
c
where his usual residence cannot be determined under sub-paragraphs (a) and (b) above, he shall be treated as usually resident in the area in which he is present.
Restriction on the exercise of functions by Health Authorities
4
1
The exercise by a Health Authority of specified health service functions is subject to such limitations as the Secretary of State may direct, and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations is to be taken as giving directions for the exercise of any functions conferred on or vested in the Secretary of State with respect to —
a
the making of any order or regulations;
b
the giving of any directions; or
c
the determination of the amount of the remuneration, or of any allowance, which is, by virtue of these Regulations, to be paid by a Health Authority to their chairman and members.
3
The power of the Secretary of State under section 2 of the Act is exercisable by a Health Authority only to such extent as is necessary for the proper exercise of one or more other functions exercisable by them.
4
Except where the Secretary of State otherwise directs, a Health Authority shall not exercise the functions of the Secretary of State under section 51(1) of the Act in so far as those functions are concerned with securing the availability of facilities for clinical teaching.
5
Where, in the exercise of specified health service functions, arrangements are made by a Health Authority with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services in that Authority’s area shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
6
Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only —
a
after the carrying out of such consultations, and the obtaining of such advice, as the Secretary of State may direct; and
b
for such periods as the Secretary of State may direct.
Arrangements by Health Authorities and Special Health Authorities for exercise of functions
5
1
Subject to paragraphs (2) and (3) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority by virtue of any provision of the Act or the 1990 Act may by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised jointly with one or more other Health Authorities or on behalf of that Authority by —
a
another Health Authority;
b
a committee or sub-committee, or an officer, of the Authority or another Health Authority;
c
a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities;
d
a Special Health Authority; or
e
an officer of a Special Health Authority.
2
Any function exercisable by a Health Authority under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities or NHS trusts.
3
Any function which a Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities or NHS trusts.
4
Any function exercisable by a Health Authority under section 15(1) or 16(2) (b) or (c) of the Nurses, Midwives and Health Visitors Act 1979 may by arrangement with that Authority be exercised jointly with one or more other Health Authorities or on behalf of that Authority by —
a
another Health Authority;
b
a committee or sub-committee, or an officer, of the Authority or another Health Authority; or
c
a joint committee, or joint sub-committee, of the Authority and one or more other Health Authorities.
5
Subject to paragraph (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Special Health Authority by virtue of section 11 or 13 of the Act may, by arrangement with that Authority and subject to such restrictions and conditions as that Authority may think fit, be exercised on behalf of that Authority by —
a
a committee or sub-committee, or an officer, of that Authority; or
b
a joint committee, or joint sub-committee, of that Authority and one or more other Special Health Authorities.
6
Paragraph (5) shall not apply in the case of the Mental Health Act Commission , the Prescription Pricing Authority, the Dental Vocational Training Authority , the Ashworth Hospital Authority , the Broadmoor Hospital Authority or the Rampton Hospital Authority .
Revocations
6
The Regulations specified in column (1) of Schedule 2 are revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
11th March 1996