text:
PART 1
Introduction
Title, extent and commencement
1
These Regulations may be cited as the Animal By-Products Regulations 2003; they extend to England and come into force on 1st July 2003.
Interpretation
2
1
In these Regulations —
“approval” and “authorisation” means an approval or authorisation granted by the Secretary of State;
“the Community Regulation” means Regulation ( EC ) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption as amended by and as read with —
Commission Regulation (EC) No. 808/2003 amending Regulation (EC) No. 1774/2002 of the European Parliament and of the Council laying down health rules concerning animal by-products not intended for human consumption ;
Commission Regulation (EC) No. 811/2003 implementing Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the intra-species recycling ban for fish, the burial and burning of animal by-products and certain transitional measures ;
Commission Regulation (EC) No. 813/2003 on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the collection, transport and disposal of former foodstuffs ;
Commission Decision 2003/320/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the use in feed of used cooking oil ;
Commission Decision 2003/321/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the processing standards for mammalian blood ;
Commission Decision 2003/326/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the separation of Category 2 and Category 3 oleochemical plants ;
Commission Decision 2003/327/EC on transitional measures under Regulation (EC) No. 1774/2002 of the European Parliament and of the Council as regards the low capacity incineration or co-incineration plants which do not incinerate or co-incinerate specified risk material or carcases containing them ;
“inspector” means a person appointed by the Secretary of State or a local authority to be an inspector for the purposes of these Regulations;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county; or
in each London borough, the council of that borough;
in the City of London, the Common Council;
“poultry” includes birds of all species including wild birds.
2
Expressions defined in the Community Regulation have the same meaning in these Regulations, and Category 1 material, Category 2 material and Category 3 material comprises the animal by-products set out in Articles 4, 5 and 6 respectively of the Community Regulation.
Approvals, etc.
3
Any approval, authorisation, registration, instructions or notice issued under these Regulations or the Community Regulation shall be in writing, and may be made subject to such conditions as are necessary to —
a
ensure that the provisions of the Community Regulation and these Regulations are complied with; and
b
protect public and animal health.
PART 2
Collection, transportation, storage, handling, processing and disposal of animal by-products
Category 1 material
4
1
Any person who has in his possession or under his control any Category 1 material and who fails to comply with Article 4(2) or Article 4(3) of the Community Regulation shall be guilty of an offence.
2
For the purposes of Article 4(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.
3
This regulation shall not apply in relation to material referred to in Article 4(1)(e) of the Community Regulation (catering waste from means of transport operating from outside the Community).
Category 2 material
5
1
Any person who has in his possession or under his control any Category 2 material and who fails to comply with Article 5(2), Article 5(3) or Article 5(4) (other than the provision in Article 5(4) relating to export) of the Community Regulation shall be guilty of an offence.
2
For the purposes of Article 5(2)(b) of the Community Regulation the material may be processed using any of the processing methods 1 to 5.
3
For the purposes of Article 5(2)(e) of the Community Regulation the animal by-products specified in that paragraph may be applied to land provided that the Secretary of State has not imposed any restrictions relating to animal health in relation to those by-products.
Category 3 material
6
Any person who has in his possession or under his control any Category 3 material and who fails to comply with Article 6(2) or Article 6(3) of the Community Regulation shall be guilty of an offence.
Mixing mammalian and non-mammalian by-products
7
Where mammalian by-products and non-mammalian by-products are mixed the mixture shall be regarded as mammalian by-products.
Collection, transportation and storage
8
1
Any person who fails to comply with Article 7(1), 7(2) or 7(5) of the Community Regulation shall be guilty of an offence.
2
For the purposes of paragraph (1), if different categories of animal by-products are transported on one vehicle but in different containers or compartments, and complete separation of the different kinds of by-products cannot be guaranteed, the by-products transported shall be treated as the highest risk category of the by-products transported.
3
In accordance with Article 7(6) of that Regulation, the provisions of Article 7 shall not apply in relation to manure transported within the United Kingdom.
PART 3
Restrictions on access to animal by-products and their use
Access to animal by-products
9
1
No person shall feed any animal by-product (other than liquid milk or colostrum used on the farm of origin) to any farmed animal, or any other ruminant animal, pig or poultry, unless it has been processed in a Category 3 approved processing plant.
2
No person shall allow any farmed animal, or any other ruminant animal, pig or poultry, to have access to any animal by-product (other than milk, colostrum or manure) unless it has been —
a
processed in an approved processing plant;
b
treated in an approved biogas or composting plant; or
c
(in the case of digestive tract content) applied to land at least three weeks before the access.
3
No person shall bring any animal by-product (other than milk, colostrum, manure or digestive tract content) on to any premises where any farmed animal, or any other ruminant animal, pig or poultry, is kept, unless it has been —
a
processed in an approved processing plant; or
b
treated in an approved biogas or composting plant.
4
The preceding paragraph shall not apply to —
a
animal by-products brought on to premises in a vehicle which enters to collect other by-products providing the by-products brought on to the premises are not removed from the vehicle while on the premises; or
b
animal by-products brought on to collection centres, petfood plants, incinerators or other approved premises which are situated on the same premises as the animals specified in that paragraph and which were in operation on 1 November 2002 provided that the animals do not have access to the by-products.
5
No person shall allow any animals to have access to material in a biogas or composting plant, except that it is not an offence for wild birds to have access to the material during the secondary or subsequent phase of composting.
6
In this regulation “animal by-product” includes catering waste of all kinds, including catering waste to which the Community Regulation does not apply because of Article 1(2)(e) of that Regulation.
7
This regulation does not prohibit feeding animal by-products to animals under Article 23(2) of the Community Regulation as enforced by regulation 26(3) of these Regulations.
8
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Restrictions on use
10
Any person who fails to comply with Article 22(1) of the Community Regulation shall be guilty of an offence.
Pasture land
11
1
For the purposes of Article 22(1)(c) of the Community Regulation, pasture land is land that is intended to be used for grazing or cropping for feedingstuffs following the application or deposit of organic fertilisers and soil improvers within the following periods —
a
two months in the case of pigs; and
b
three weeks in the case of other farmed animals.
2
Any person who —
a
uses pasture land for grazing within the period specified in paragraph (1); or
b
feeds to pigs or other farmed animals within that period anything cropped from pasture land during that period;
shall be guilty of an offence.
Intra-species recycling of fish
12
1
Notwithstanding regulation 10, it shall not be an offence under these Regulations to feed fish with processed animal protein derived from the bodies or parts of bodies of fish (other than farmed fish of the same species) if this is done in accordance with Articles 2 to 4 of, and Annex I to, Commission Regulation (EC) No. 811/2003 .
2
The Secretary of State shall be the competent authority for the purposes of Article 5 of Commission Regulation (EC) No. 811/2003 .
3
In accordance with Article 10 of Commission Regulation (EC) No. 811/2003 , this regulation shall not apply until 1 January 2004.
PART 4
Approved premises and competent authorities
The competent authority
13
1
The Secretary of State shall be the competent authority for the purposes of granting approvals under Chapter III and Chapter IV of the Community Regulation, the Annexes to that Regulation, and these Regulations.
2
She shall also be the competent authority for —
a
checking intermediate plants in accordance with Articles 10(2)(d) and 10(3)(d) of the Community Regulation;
b
checking storage plants in accordance with Article 11(2)(b) of that Regulation;
c
validating and checking Category 1 and Category 2 processing plants in accordance with Articles 13(2)(c) and 13(2)(e) of that Regulation, supervising Category 1, 2 and 3 plants in accordance with Annex V, Chapter IV, paragraph 1 to that Regulation, and validating those plants in accordance with Annex V, Chapter V, paragraph 1 to that Regulation;
d
authorising the temporary use of a Category 2 processing plant for the processing of Category 1 material in accordance with Annex VI , Chapter 1, paragraph 2 to that Regulation;
e
checking oleochemical plants in accordance with Article 14(2)(d) of that Regulation and shall be the person to whom records shall be produced in accordance with Article 14(2)(c) of that Regulation;
f
checking biogas plants and composting plants in accordance with Article 15(2)(c) of that Regulation;
g
validating and checking Category 3 processing plants in accordance with Article 17(2)(c) and 17(2)(e) of that Regulation;
h
authorising the temporary use of a Category 3 processing plant for the processing of Category 1 or Category 2 material in accordance with Annex VII , Chapter 1, paragraph 2 to that Regulation, or the use of a Category 2 processing plant as a collection centre in accordance with Annex IX , paragraph 3 to that Regulation;
i
presentation of records relating to a petfood or technical plant in accordance with Article 18(2)(a)(iv) of that Regulation;
j
recognising laboratories for the purposes of analysing samples from petfood and technical plants in accordance with Article 18(2)(a)(iii) of that Regulation, receiving information under Article 18(2)(a)(v) of that Regulation, and checking petfood plants and technical plants in accordance with Article 18(2)(b) of that Regulation;
k
carrying out inspection and supervision in accordance with Article 26 of that Regulation;
l
giving instructions for the purposes of Annex II , Chapter II, paragraph 4 to that Regulation;
m
the presentation of commercial documents under Annex II, Chapter V to that Regulation;
n
authorising a representative point in the combustion chamber of an incinerator in accordance with Annex IV, Chapter II, paragraph 3 to that Regulation, and inspecting them in accordance with Annex IV, Chapter VII, paragraph 8 to that Regulation ;
o
authorising specific requirements in accordance with Annex VI, Chapter II, Part C, paragraphs 14 and 15 to that Regulation .
Approval of premises
14
1
No person shall operate any —
a
category 1, 2 or 3 intermediate plant;
b
storage plant;
c
incineration or co-incineration plant;
d
category 1 or category 2 processing plant;
e
category 2 or category 3 oleochemical plant;
f
biogas or composting plant;
g
category 3 processing plant;
h
petfood or technical plant; or
for the storage, processing, treatment, disposal or use of animal by-products unless the premises, the operator of the premises and any equipment are approved for that purpose in accordance with these Regulations and the Community Regulation.
2
The operator of approved premises shall ensure that —
a
the premises are maintained and operated in accordance with —
i
the conditions of approval, and
ii
the requirements of the Community Regulation and these Regulations; and
b
any person employed by him, and any person permitted to enter the premises complies with those conditions and requirements.
3
The operator of a high capacity incineration plant shall dispose of the ash in accordance with Annex IV, Chapter VII, paragraph 4 to the Community Regulation in the same way as the operator of a low capacity incineration plant.
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Biogas and composting plants
15
1
The provisions of Part I of Schedule 1 to these Regulations shall apply in a biogas and composting plant used for treating any animal by-products (including catering waste) in addition to the requirements of paragraphs 1 to 11 of Annex VI, Chapter II to the Community Regulation.
2
In accordance with Article 6(2)(g) and Annex VI, Chapter II, paragraph 14 to the Community Regulation —
a
catering waste shall be treated in a biogas or composting plant either in accordance with Annex VI, Chapter II, paragraphs 12 or 13 to the Community Regulation or in accordance with Part II of Schedule 1 to these Regulations; and
b
any other animal by-product treated in a biogas or composting plant shall be treated in accordance with Annex VI, Chapter II, paragraphs 12 or 13 to the Community Regulation.
3
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Composting catering waste on the premises on which it originates
16
In accordance with Article 6(2)(g) of and Annex VI, Chapter II, paragraph 14 to the Community Regulation, the provisions of that Chapter and of regulation 14(1)(f) above do not apply to the composting of Category 3 catering waste on the premises on which it originates provided that —
a
the decomposed material is only applied to land at those premises;
b
no ruminant animals or pigs are kept at the premises; and
c
if poultry is kept at the premises the material is composted in a secure container which prevents the poultry having access to it during decomposition.
Processing and intermediate plants' own checks
17
1
Any person who fails to comply with Article 25(1) of the Community Regulation shall be guilty of an offence.
2
Any person who fails to comply with Article 25(2) of the Community Regulation shall be guilty of an offence.
3
The operator shall record the action taken in accordance with Article 25(2) of the Community Regulation, and failure to do so shall be an offence.
Sampling at processing plants
18
1
If a processing plant is processing Category 1 or Category 2 material, and the processed material is to be sent to landfill (or, in the case of Category 2 material, a biogas or composting plant) the operator shall, once every week —
a
take from the outlet of the cooker in which the material is processed a sample of at least 50 grams of processed material; and
b
send the sample to a laboratory approved to test it for Clostridium perfingens .
2
In the case of Category 3 processing plants, where the processed material is intended for use in feedingstuffs the operator shall —
a
take a representative sample of the material on each day that the material is consigned from the premises, and
b
send it to a laboratory approved to test it for Salmonella and Enterobacteriaceae .
3
In the case of Category 3 processing plants, where the processed material is not intended for use in feedingstuffs the operator shall —
a
take a sample once every week of the material that is consigned from the premises; and
b
send the sample to a laboratory approved to test it for Salmonella and Enterobacteriaceae .
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Sampling at biogas and composting plants
19
1
In the case of biogas and composting plants the operator shall, at intervals specified in the approval, take a representative sample of material that been treated to the time temperature parameters specified in Part II of Schedule 1 to these Regulations or the Community Regulation and send it for testing for Salmonella and Enterobacteriaceae (or, in the case of material derived from catering waste, Salmonella only) in a laboratory approved to carry out those tests.
2
No person shall consign any material from a biogas or composting plant until the results of the test are received from the laboratory.
3
In the event of tests establishing that treated material does not comply with the limits in Annex VI, Chapter II, paragraph 15 to the Community Regulation, the operator shall —
a
immediately notify the Secretary of State, giving full details of the failure, the nature of the sample and the batch from which it was derived;
b
ensure that no digestion residue or compost suspected or known to be contaminated is moved from the premises unless —
i
it has been re-treated under the supervision of the Secretary of State and resampled and re-tested by the Secretary of State, and the re-testing has shown that the re-treated digestion residue or compost complies with the standards in the Community Regulation; or
ii
it is consigned for processing or incineration at an approved processing plant or incinerator or (in the case of catering waste) it is consigned to landfill; and
c
record the action taken in accordance with this regulation.
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Samples sent to laboratories
20
1
Whenever an operator sends a sample to a laboratory in accordance with this Part, he shall send with the sample the following information in writing —
a
the name and address of the premises at which the sample was taken;
b
the date on which the sample was taken; and
c
the description and identity of the sample.
2
It shall be an offence for any person to tamper with a sample taken under these Regulations with intent to affect the result of the test.
3
The operator shall keep a record of all results of laboratory tests.
4
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Laboratories
21
1
The Secretary of State shall approve laboratories under this regulation to carry out one or more of the tests in this regulation if she is satisfied that they have the necessary facilities, personnel and operating procedures to do so.
2
In deciding whether to grant or continue an approval, the Secretary of State may require the laboratory to successfully undertake any quality control tests as she reasonably thinks fit.
3
The operator of a laboratory approved under this regulation carrying out tests for the purposes of these Regulations or the Community Regulation shall do so in accordance with the following provisions, and failure to do so shall be an offence.
4
A test for Clostridium perfingens shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7937/1997 (BS-EN 13401:1999) (Enumeration of Clostridium perfingens ) or equivalent .
5
A test for Salmonella shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method that conforms with —
a
ISO 6579/2002 (BS-EN 12824:1998) (Detection of Salmonella) or equivalent ; or
b
NMKL 71: 1993 or equivalent .
6
A test for Enterobacteriaceae shall be carried out in accordance with the method in Schedule 2 or (if specified in the approval) with a method which conforms with ISO 7402/1993 ( BS 5763: Part 10: 1993) (Enumeration of Enterobacteriaceae ) or equivalent .
7
Where tests are carried out for the detection of any of the following, the operator of a laboratory approved under this regulation shall immediately notify the Secretary of State and the operator of the premises if —
a
the tests fail to establish that the material is free from Clostridium perfringens ;
b
the tests fail to establish that the material is free from Salmonella; or
c
the material successfully passes the test for Enterobacteriaceae in paragraph 5 Part III of Schedule 2.
and failure to do so shall be an offence.
8
The operator of a laboratory approved under this regulation shall in relation to processed material notify the Secretary of State on the last day of each month of the number, type and results of tests carried out, and failure to do so shall be an offence.
9
Reprocessing in accordance with Article 25(2)(c) and (d) of the Community Regulation shall be carried out under the supervision of the Secretary of State.
10
If the sample has been sent to the approved laboratory from premises outside England, the requirements in this regulation to notify the Secretary of State shall be construed as a requirement to notify the competent authority for the premises from which the sample was sent.
PART 5
Placing animal by-products and processed products on the market
Placing on the market of processed animal protein and other processed products that could be used as feed material
22
Any person who places on the market processed animal protein or other processed products that could be used as feed material which do not meet the requirements of Article 19 of the Community Regulation shall be guilty of an offence.
Placing on the market of petfood, dogchews and technical products
23
1
Any person who places on the market petfood, dogchews, technical products (other than fat derivatives produced from category 2 material) or those animal by-products referred to in Annex VIII to that Regulation, which do not meet the requirements of Article 20(1) of the Community Regulation shall be guilty of an offence.
2
Any person who places on the market fat derivatives produced from category 2 material which do not meet the requirements of Article 20(3) of the Community Regulation shall be guilty of an offence.
Placing on the market of compost or digestion residues for use on agricultural land
24
Any person who places on the market compost or digestion residues for use on agricultural land shall ensure that it is labelled or accompanied by documentation in such a way that the recipient has his attention drawn to the requirements of regulation 11 above (provisions relating to pasture land) and any person who fails to do so shall be guilty of an offence.
PART 6
Derogations
Competent authority for Chapter V of the Community Regulation
25
The Secretary of State shall be the competent authority for the purposes of Chapter V of the Community Regulation (derogations).
Derogations regarding the use of animal by-products
26
1
The use of animal by-products for diagnostic, educational or research purposes is permitted if it is in accordance with an authorisation.
2
The use of animal by-products for taxidermy is permitted if —
a
it is in accordance with an authorisation; and
b
it is in an approved technical plant.
3
The feeding of animal by-products specified in Article 23(2)(b) of the Community Regulation to —
a
zoo animals;
b
circus animals;
c
reptiles and birds of prey other than zoo or circus animals;
d
dogs from recognised kennels or recognised packs of hounds; or
e
maggots for fishing bait,
is permitted if it is in accordance with an authorisation.
4
The Secretary of State shall maintain a register of premises used for the feeding of such animal by-products to zoo or circus animals, dogs from recognised kennels or recognised packs of hounds and maggots for fishing bait.
5
The register in the previous paragraph shall contain the following information —
a
the name of the operator;
b
the address of the premises; and
c
the business carried on at the premises.
6
Any person who uses animal by-products for any of the purposes in this regulation other than in accordance with an authorisation shall be guilty of an offence.
Collection centres
27
1
For the purposes of Article 23(2) of the Community Regulation no person shall operate a collection centre, as defined in Annex I to the Community Regulation, for the purposes of feeding animal by-products to —
a
dogs from recognised kennels or recognised packs of hounds; or
b
maggots for fishing bait;
unless the premises and the operator of the premises are authorised.
2
The operator of the authorised premises shall —
a
ensure that the premises are maintained and operated in accordance with —
i
the conditions of the authorisation; and
ii
the requirements of the Community Regulation and these Regulations; and
b
ensure that any person employed by him, and any person invited to the premises complies with these conditions and requirements.
3
Any person who fails to comply with any provision of this regulation shall be guilty of an offence.
Burial of pet animals
28
In accordance with Article 24(1)(a) of the Community Regulation, dead pet animals may be buried.
Remote areas
29
1
Only the Isles of Scilly and Lundy Island are remote areas for the purposes of Article 24(1)(b) of the Community Regulation and accordingly the animal by-products referred to in that sub-paragraph and originating in those areas may be disposed of by burning or burial on site provided that this is done in accordance with Part C of Annex II to Commission Regulation (EC) No. 811/2003 .
2
The Secretary of State shall be the competent authority for the purposes of Article 7 of, and Part C of Annex II to, Commission Regulation (EC) No. 811/2003 .
Burial in the event of a disease outbreak
30
1
In accordance with Article 24(1)(c) of the Community Regulation, if there is an outbreak of disease mentioned in List A of the International Office of Epizootic Diseases, on site burning or burial (as defined in Part A of Annex II to Commission Regulation (EC) No. 811/2003 ) of animal by-products shall not be an offence if the animal by-product is transported, and buried or burnt, in accordance with —
a
a notice given by the Secretary of State under Article 24(1)(c) authorising disposal in accordance with that provision; and
b
the provisions of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003 .
2
The Secretary of State shall be the competent authority for the purposes of Article 6 of and Part B of Annex II to Commission Regulation (EC) No. 811/2003 .
Burning and burial of bees and apiculture products
31
In accordance with Article 8 of Commission Regulation (EC) No. 11/2003 , bees and Category 2 apiculture products may be disposed of by burial or burning on site if this is done in accordance with that Article.
PART 7
Records
Records
32
Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least two years.
Records for consigning, transporting or receiving animal by-products
33
Any person who fails to comply with Article 9(1) of the Community Regulation shall be guilty of an offence.
Records for burying or burning of animal by-products
34
Any person who fails to comply with Article 9 of Commission Regulation (EC) No. 811/2003 shall be guilty of an offence.
Records for disposal or use on premises
35
1
Subject to paragraph (2), an operator of any premises who disposes or uses any animal by-product (other than manure or material excluded from the Community Regulation by Article 1(2) of that Regulation), or processed product on the premises shall make on disposal or use a record of each disposal or use, showing the date on which the animal by-product was disposed of or used and the quantity and description of the material disposed of or used, and failure to do so shall be an offence.
2
The requirement in paragraph (1) shall not apply to disposal on the premises by feeding of animal by-products or processed products to reptiles and birds of prey other than zoo or circus animals.
Delivery records to be kept by operators of biogas and composting plants
36
The operator of any biogas or composting plant receiving catering waste shall record —
a
the date on which the catering waste was delivered to the premises;
b
the quantity and description of the catering waste, including a statement of whether measures were taken at source to ensure that meat was not included in the waste; and
c
the name of the haulier;
and failure to do so shall be an offence.
Treatment records for biogas and composting plants
37
The operator of a biogas or composting plant treating catering waste or other animal by-products shall record —
a
the dates on which the material is treated;
b
a description of the material treated;
c
the quantity of material treated;
d
the result of all checks carried out at the critical points identified under paragraph 3 of Part I of Schedule 1; and
e
sufficient information to show that the material has been treated to the required parameters;
and failure to do so shall be an offence.
Records for approved laboratories
38
The operator of a laboratory approved under regulation 21 shall record —
a
the name and address of the premises at which the sample was taken;
b
the date on which the sample was taken;
c
the description and identity of the sample;
d
the date on which the sample was received at the laboratory;
e
the date on which the sample was tested at the laboratory; and
f
the result of the test;
and failure to do so shall be an offence.
Records to be kept for consignments of compost or digestion residue
39
1
Subject to paragraph (2), the occupier of premises on which ruminant animals, pigs or poultry are kept shall record —
a
the date on which compost or digestion residue is brought on to those premises;
b
the quantity and description of the compost or digestion residue;
c
the land to which the compost or digestion residue is applied;
d
the date of such application; and
e
the date on which the land is first cropped or the date on which ruminant animals, pigs or poultry were allowed access to the land, whichever is the sooner;
and failure to do so shall be an offence.
2
The requirement in paragraph (1) to make records shall not apply in the case of any supply of compost or digestion residue for use at any premises used only as a dwelling.
PART 8
Administration and enforcement
Grant of approvals
40
1
The Secretary of State shall grant an approval under these Regulations if she is satisfied that the requirements of the Community Regulation and these Regulations will be complied with.
2
An approval shall specify —
a
the address of the premises and the operator of the premises;
b
the parts of the premises in which the animal by-products may be received and processed or treated; and
c
the equipment, the methods in accordance with which, and the parameters within which, the animal by-products must be processed or treated.
3
If the Secretary of State refuses to grant the approval, or approves it subject to a condition she shall by notice in writing served on the applicant —
a
give the reasons; and
b
explain the right of the applicant to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.
Suspension, amendment and revocation of approvals and registrations
41
1
The Secretary of State, by notice in writing served on the operator —
a
shall suspend immediately an approval or registration if any of the conditions under which the approval was granted are not fulfilled, and
b
may suspend or amend an approval or registration if she is satisfied that the provisions of the Community Regulation or these Regulations are not being complied with.
2
A suspension or amendment under paragraph 1(b) —
a
shall have immediate effect if the Secretary of State considers that it is necessary for the protection of public or animal health;
b
otherwise shall not have effect for at least 21 days following service of the notice.
3
The notice shall —
a
give the reasons; and
b
explain the right of the operator of the premises to make written representations to the Secretary of State and to be heard by an independent person appointed by the Secretary of State.
4
Where there is an appeal under regulation 42, an amendment or suspension shall not have effect until the final determination by the Secretary of State in accordance with the following regulation unless the Secretary of State considers that it is necessary for the protection of public or animal health for the amendment or suspension to have immediate effect.
5
The Secretary of State may by notice in writing revoke an approval if, following an appeal, if any, in accordance with the following regulation, which upholds a suspension, she is satisfied, taking into account all the circumstances of the case, that the premises will not be operated in accordance with these Regulations and the Community Regulation.
Appeals
42
1
A person on whom a notice is served under regulation 40 or 41 may within 21 days beginning with the day on which the notice is served —
a
provide written representations to the Secretary of State; and
b
provide notice of whether or not he wishes to appear before an independent person appointed by the Secretary of State.
2
Where an appellant gives notice of his wish to appear before and be heard by an independent person —
a
the Secretary of State shall appoint an independent person to hear representations and specify a time limit within which representations must be made;
b
the appointed person shall not, except with the consent of the appellant, be an officer of the Secretary of State;
c
if the appellant so requests the hearing shall be in public;
d
if the appellant so requests, the Secretary of State shall furnish to him a copy of the report of the person so appointed.
3
The independent person shall report to the Secretary of State.
4
The Secretary of State shall give to the appellant written notification of her final determination and the reasons for it.
Notice requiring the disposal of animal by-products or catering waste
43
If an inspector considers it necessary for animal or public health purposes or if any provision of these Regulations or the Community Regulation is not being complied with, he may —
a
serve a notice on any person in possession or control of any animal by-product requiring him to dispose of it as may be specified in the notice; or
b
serve a notice on the occupier of any premises prohibiting animal by-products being brought on to the premises, or only permitting this in a way specified in the notice.
Cleansing and disinfection
44
1
If an inspector reasonably suspects that any vehicle, container or premises to which these Regulations or the Community Regulation apply constitutes an animal or public health risk, he may serve a notice on the person in charge of the vehicle or container, or on the occupier of the premises, requiring the vehicle, container or premises to be cleansed and disinfected.
2
The notice may —
a
specify the method of cleansing and disinfection;
b
specify the method of disposal of any material remaining in the vehicle, container or premises; and
c
prohibit the movement of any animal by-product into the vehicle or container or on to the premises until such time as the required cleansing and disinfection has been satisfactorily completed.
Compliance with notices
45
1
Any notice served under these Regulations shall be complied with at the expense of the person on whom the notice is served, and if it is not complied with, an inspector may arrange for it to be complied with at the expense of that person.
2
Any person on whom a notice is served who contravenes or fails to comply with the provisions of that notice shall be guilty of an offence.
Powers of entry
46
1
An inspector shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours, to enter any premises (excluding any premises used only as a dwelling) for the purpose of administering and enforcing these Regulations and the Community Regulation; and in this regulation “premises” includes any vehicle or container.
2
An inspector may —
a
seize any animal by-products and dispose of them as necessary;
b
carry out any inquiries, examinations and tests;
c
take any samples;
d
have access to, and inspect and copy any records (in whatever form they are held) kept under these Regulations or the Community Regulation, or remove such records to enable them to be copied;
e
have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, may require the records to be produced in a form in which they may be taken away;
f
mark any animal, animal by-product or other thing for identification purposes; and
g
take with him —
i
such other persons as he considers necessary; and
ii
any representative of the European Commission acting for the purpose of the Community Regulation.
3
Any person who defaces, obliterates or removes any mark applied under paragraph (2) shall be guilty of an offence.
4
If an inspector enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
Obstruction
47
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the performance of his functions under these Regulations;
c
furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading, or
d
fails to produce a record when required to do so to any person acting in the execution of these Regulations;
shall be guilty of an offence.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question if to do so might incriminate him.
Penalties
48
1
A person guilty of an offence under these Regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding six months or both, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both.
2
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar person of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
For the purposes of paragraph (2) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Enforcement
49
1
These Regulations shall be enforced by the Secretary of State in relation to —
a
premises which are licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
b
premises which are licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
c
premises which are licensed under the Wild Game Meat (Hygiene and Inspection) Regulations 1995 ;
d
combined premises as defined in the Meat Products (Hygiene) Regulations 1994 ; and
e
combined premises as defined in the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 .
2
Other than as specified in paragraph (1) these Regulations shall be enforced by the local authority.
3
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Transitional measures
50
1
Schedule 3 (transitional measures) shall have effect.
2
Part I of Schedule 3 (intra-species recycling of fish) shall cease to have effect on 1 January 2004.
3
Part II of Schedule 3 (collection, transportation and disposal of former foodstuffs) shall cease to have effect on 1 January 2006.
4
Part III of Schedule 3 (used cooking oil in animal feed) shall cease to have effect on 1 November 2004.
5
Part IV of Schedule 3 (disposal of mammalian blood) shall cease to have effect on 1 January 2005.
6
Part V of Schedule 3 (oleochemical plants using rendered fats from category 2 and 3 materials) shall cease to have effect on 1 November 2005.
7
Part VI of Schedule 3 (low capacity incinerators) shall cease to have effect on 1 January 2005.
Amendments and revocations
51
1
The TSE (England) Regulations 2002 are amended in accordance with Schedule 4.
2
In so far as they extend to England, the Animal By-Products Order 1999 and the Animal By-Products (Amendment) (England) Order 2001 are revoked.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th June 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Air Force Act 1955 (Part 1) Regulations 2001 (Amendment) Regulations 2003 and shall come into force on 14th April 2003.
Amendment to Regulations
2
1
The Air Force Act 1955 (Part 1) Regulations 2001 (“the principal Regulations”) shall be amended as follows.
2
For the Table in Part 2 of Schedule 1 (competent air force authorities for the purposes of section 9 of the Air Force Act 1955), substitute the Table in the Schedule to these Regulations.
On behalf of the Defence Council
Peter Squire
Adam Ingram
Members of the Defence Council
19th March 2003


text:
1
1
This Order may be cited as the Intermittent Custody (Transitory Provisions) Order 2003 and shall come into force on 26th January 2004.
2
In this Order, “the 2003 Act ” means the Criminal Justice Act 2003.
2
In relation to any time before the commencement of the repeal of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 by the 2003 Act, section 183 of the 2003 Act shall have effect with respect to sentences passed by magistrates' courts with the following modifications —
a
in subsection (4)(b), for “28”, substitute “14”;
b
in subsection (4)(c), for “51”, substitute “26”;
c
in subsection (5)(b), for “90”, substitute “45”;
d
in subsection (7)(a), for “65”, substitute “52”; and
e
in subsection (7)(b), for “180”, substitute “90”.
3
In relation to any time before the commencement of section 240 of the 2003 Act, section 241 of that Act shall have effect with the following modifications —
a
in subsection (1) —
i
for “to whom a direction under section 240 relates”, substitute “whose sentence falls to be reduced under section 67 of the Criminal Justice Act 1967 by any relevant period within the meaning of that section (“the relevant period”)”; and
ii
for “number of days specified in the direction are”, substitute “relevant period is”; and
b
in subsection (2), for “number of days specified in a direction under section 240”, substitute “relevant period”.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
15th December 2003


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2003 and shall come into force on 5th August 2003.
Amendment to the Capital Allowances (Energy-saving Plant and Machinery) Order 2001
2
Amend the Capital Allowances (Energy-saving Plant and Machinery) Order 2001 as follows.
3
1
Amend article 2 as follows.
2
For the definition of “Energy Technology Criteria List” substitute —
“Energy Technology Criteria List” means the list dated 11th July 2003 and published by the Department for Environment, Food and Rural Affairs on 14th July 2003;
.
3
For the definition of “Energy Technology Product List” substitute —
“Energy Technology Product List” means the list dated 11th July 2003 and published by the Department for Environment, Food and Rural Affairs on 14th July 2003;
.
4
1
Amend article 3 as follows.
2
In article 3(1)(c) for “paragraph (3)” substitute “paragraphs (3) and (4)”.
3
In article 3(2) after “solar thermal systems” add —
i
automatic monitoring and targeting equipment
.
4
After article 3(3) add —
4
In the case of automatic monitoring and targeting equipment —
a
portable equipment must be of a type within paragraph (i) or (ii) of article 3(1)(c),
b
component based fixed systems are within article 4.
.
5
In article 4(1) —
a
after “In the case of plant or machinery” insert
—
a
.
b
after “List” insert —
, or
b
comprising a component based fixed system falling within the technology class “Automatic Monitoring and Targeting equipment” specified in the Energy Technology Criteria List
.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Agency” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) established by this Order;
“appropriate authority” means —
in relation to England, the Secretary of State for Health, and
in relation to Wales, the National Assembly for Wales;
“ PHLS ” means the Public Health Laboratory Service Board that was continued in being by section 5(4) of the Act .
Establishment of the Agency
2
There is hereby established a Special Health Authority which shall be known —
a
in English as the Health Protection Agency; and
b
in Welsh as Yr Asiantaeth Diogelu Iechyd.
Functions of the Agency
3
Subject to and in accordance with such directions as the appropriate authority may give to the Agency , the Agency shall perform —
a
such functions in connection with health protection; and
b
such other functions,
as the appropriate authority may direct the Agency to perform on its behalf.
Constitution of the Agency
4
The Agency shall consist of —
a
a chairman;
b
not less than 10 and not more than 25 members who are not officers of the Agency; and
c
not less than 3 and not more than 8 members who are officers of the Agency.
Remuneration of members
5
The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of Strategic Health Authorities, Health Authorities and certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Agency.
Transfer of staff
7
1
This paragraph applies in relation to any officer who is included in the Schedule.
2
Any officer in relation to whom paragraph (1) applies shall, on 1st April 2003, be transferred to the employment of the Agency.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Agency.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which an officer is transferred under or in connection with that officer’s contract of employment shall by virtue of this paragraph be transferred to the Agency; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred in respect of the officer or the contract of employment shall be deemed from that time to have been done by or in relation to the Agency.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer and informs the body from which they would be transferred, or the Agency, of that objection.
6
Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by that body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Abolition of the Microbiological Research Authority and revocation of Order and Regulations
8
1
The Microbiological Research Authority (Establishment and Constitution) Order 1994 is revoked and the Microbiological Research Authority is accordingly abolished.
2
The Microbiological Research Authority Regulations 1994 are revoked.
Enforceability of rights and transfer of property and liabilities of Microbiological Research Authority
9
1
Any right that was, immediately before 1st April 2003, enforceable by or against the Microbiological Research Authority shall, on or after that date be enforceable by or against the Agency.
2
All property and liabilities of the Microbiological Research Authority shall be transferred on 1st April 2003 to the Agency.
Enforceability of rights and transfer of property and liabilities of PHLS
10
1
Except where paragraph (2) applies —
a
any right that was immediately before 1st April 2003, enforceable by or against the PHLS shall, on or after that date be enforceable by or against the Agency;
b
all property and liabilities of the PHLS shall be transferred on 1st April 2003 to the Agency.
2
This paragraph applies to —
a
rights enforceable by or against the PHLS; and
b
property and liabilities of the PHLS,
related to such functions under section 5(2)(c) of the Act as the Secretary of State has determined will continue to be exercised by the PHLS.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
Daffydd Ellis-Thomas
The Presiding Officer of the National Assembly
4th March 2003
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of StateDepartment of Health
5th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexley Primary Care Trust (Change of Name) and (Establishment) Amendment Order 2003 and shall come into force on 1st October 2003.
2
In this Order —
“the Establishment Order ” means the Bexley Primary Care Trust (Establishment) Order 2000 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Bexley Care Trust instead of the Bexley Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the Primary Care Trust),
“Bexley Primary Care Trust” shall be replaced by “Bexley Care Trust”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Designation as a Care Trust
4
In article 2 of the Establishment Order (establishment and name of the Primary Care Trust) there shall be added the following paragraph —
2
The trust is designated as a Care Trust.
Signed by authority of the Secretary of State
Stephen Ladyman
Parliamentary Under Secretary of State
Department of Health
20th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the M6 Toll Wide Load Routes (Speed Limit) Regulations 2003 and shall come into force on 25th September 2003.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 30 miles per hour on any carriageway forming part of the wide load route which bypasses any of the following toll lane areas on the M6 Toll motorway —
a
the off-slip toll lane area at Junction T3;
b
the on-slip toll lane area at Junction T3;
c
Weeford Park toll lane area on the M6 Toll motorway southbound carriageway;
d
the off-slip toll lane area at Junction T4;
e
the off-slip toll lane area at Junction T5;
f
the off-slip toll lane area at Junction T6;
g
Great Wyrley toll lane area on the M6 Toll motorway northbound carriageway.
2
In this regulation —
a
“wide load route” means the carriageway which bypasses the toll lane area and is shown by a sign as being for use by vehicles where the vehicle, its trailer or its load exceeds 2.9m in width at any point along its total length;
b
“toll lane area” means the areas of carriageway and the adjacent raised areas, on which the toll-booths are located, between the toll lane entry barrier and the toll lane exit barrier.
Signed by the authority of the Secretary of State for Transport
Kim Howells
Minister of State for Transport
Department for Transport
21st August 2003


text:
1
This Order may be cited as the A500 Trunk Road (Stoke Pathfinder Project) and Slip Roads Order 2003 and shall come into force on 3rd July 2003.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan marked “The A500 Trunk Road (Stoke Pathfinder Project) and Slip Roads Order 2003” comprised in plan Folio numbered HA/14/0D/381. signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highways is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director Highways Agency
18th June 2003


text:
1
This Scheme may be cited as the M62 Motorway (Rawcliffe to Balkholme Section) Connecting Roads Scheme 1971 (Variation) Scheme 2003 and shall come into force on 3rd April 2003.
2
The M62 Motorway (Rawcliffe to Balkholme Section) Connecting Roads Scheme 1971 is hereby varied as follows:
b
for paragraph 1 of the Schedule to that scheme, substitute —
Junction with Rawcliffe Road (A614) near Goole in the County of the East Riding of Yorkshire .
1
The routes of the special roads for effecting this junction are routes to connect the north-eastbound and south-westbound carriageways of the Motorway with a length of road and roundabouts to be improved as a part of Rawcliffe Road. The centre lines of these special roads are shown on Map No. 1 in the deposited plan where they are respectively given the reference numbers 1, 2, 3, 4 and 5.
a
in article 4 of that scheme, substitute definition of “the deposited plan” with —
“the deposited plans” means the plan numbered 2 in folio numbered HA11/CNE 5 marked “the M62 Motorway (Rawcliffe to Balkholme Section) Connecting Roads Scheme 1971” and the plan numbered 1 in the plan folio HA 18/0D/27 marked M62 Motorway (Rawcliffe to Balkholme Section) Connecting Roads Scheme 1971 (Variation) Scheme 2003 signed by the Secretary of State and deposited at ODPM-DfT, Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Divisional Director Highways Agency
17th March 2003


text:
1
This Order may be cited as the A570 Trunk Road (North of St. Helens-M58) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the north of St. Helens-M58 Trunk Road (A570).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
1
1
These Regulations may be cited as the Burma (Sale, Supply and Export of Goods) (Penalties) (Amendment) Regulations 2003 and shall come into force on 17th November 2003.
2
In these Regulations “the principal Regulations ” mean the Burma (Sale, Supply and Export of Goods) (Penalties) Regulations 2000 .
2
1
The principal Regulations shall be amended as follows.
2
In regulation 2(a), after the words “Article 1”, there shall be inserted the words “or Article 1a”.
3
In regulation 2(b), after the words “Article 1”, there shall be inserted the words “or Article 1a”.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
18th October 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) (Designated Countries and Territories) Order 2003 and comes into force on 21st May 2003.
Designation of terrorities
2
Guernsey, Jersey and the Isle of Man are designated for the purposes of section 270 of the Act (collective investment schemes authorised in designated countries or territories).
Specification of classes of collective investment schemes
3
1
The following classes of collective investment scheme are specified for the purposes of subsection (1)(b) of section 270 of the Act —
a
where the scheme is managed in, and authorised under the law of, Guernsey, any authorised scheme (within the meaning of the Collective Investment Schemes (Class A) Rules 2002, as amended by the Collective Investment Schemes (Class A) Rules 2002 (Amendment) Rules 2003) which is not —
i
a feeder-fund; or
ii
a protected cell scheme;
b
where the scheme is managed in, and authorised under the law of, Jersey, any scheme which is a recognised fund within the meaning of the Collective Investment Funds (Recognised Funds) (Rules) (Jersey) Order 2003 and which is not a feeder-fund; and
c
where the scheme is managed in, and authorised under the law of, the Isle of Man, any scheme which is an authorised scheme within the meaning of the Financial Supervision Act 1988 (an Act of Tynwald) (as last amended by the Corporate Service Providers Act 2000) and which is not a feeder-fund.
2
For the purposes of this article —
a
“feeder-fund” means a collective investment scheme which has as its purpose the investment of its funds in securities (within the meaning of article 3 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ) issued by one other collective investment scheme; and
b
“protected cell scheme” means a collective investment scheme which, under the law of Guernsey, has been incorporated as, or converted into, a protected cell company under the Protected Cell Companies Ordinance 1997 (as last amended by the Protected Cell Companies (Amendment) Ordinance 1998 ).
Revocation of transitional provisions
4
Article 67(1) of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc. ) Order 2001 , in so far as it relates to any order under section 87(1) of the Financial Services Act 1986 which designated Guernsey, Jersey or the Isle of Man for the purposes of that section, is revoked.
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
1
This Order may be cited as the Income Tax (Indexation) Order 2003.
2
Unless Parliament determines otherwise, the amount treated as specified by virtue of section 1(4) of the Income and Corporation Taxes Act 1988 for the year 2003-04 –
a
in section 1(2)(aa) of the Act (starting rate limit of charge to income tax) is £1,960;
b
in section 1(2)(b) of the Act (basic rate limit of charge to income tax) is £30,500.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27 th March 2003


text:
Title, commencement and application
1
These Regulations may be cited as the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2003, shall apply in relation to England only and shall come into force on 16th January 2004.
Amendment of the Miscellaneous Food Additives Regulations 1995
2
In Schedule 3 to the Miscellaneous Food Additives Regulations 1995 , in the entry for E425 for the words in the third column of that entry, there shall be substituted the words “Foods in general (except those referred to in Schedules 6, 7 and 8, and jelly confectionery, including jelly mini–cups)”.
Consequential amendments
3
1
Paragraph (2) of regulation 3 (consequential amendments) of the Miscellaneous Food Additives (Amendment) (England) Regulations 2003 shall be omitted.
2
In the Regulations listed below, in so far as they apply in relation to England, references to the Miscellaneous Food Additives Regulations 1995 shall be construed as references to those Regulations as amended by the Miscellaneous Food Additives (Amendment) Regulations 1997 , the Miscellaneous Food Additives (Amendment) Regulations 1999 , the Coffee Extracts and Chicory Extracts Regulations 2000 , the Miscellaneous Food Additives (Amendment) (England) Regulations 2001 , the Sweeteners in Food (Amendment) (England) Regulations 2001 , the Colours in Food (Amendment) (England) Regulations 2001 , the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 , the Sweeteners in Food (Amendment) (England) Regulations 2002 , the Miscellaneous Food Additives (Amendment) (England) Regulations 2003 , the Sweeteners in Food (Amendment) (England) Regulations 2003 , the Specified Sugar Products Regulations 2003 , the Fruit Juices and Fruit Nectars (England) Regulations 2003 , the Condensed Milk and Dried Milk (England) Regulations 2003 , the Cocoa and Chocolate Products (England) Regulations 2003 , the Honey (England) Regulations 2003 , the Jam and Similar Products (England) Regulations 2003 and these Regulations.
the Mineral Hydrocarbons in Food Regulations 1966 ;
the Food Additives Labelling Regulations 1992 ;
the Food Labelling Regulations 1996 ;
the Meat Products (England) Regulations 2003 .
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
15th December 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 2003 (Commencement No. 1 and Transitional Provisions and Savings) Order 2003.
2
In this Order —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1999 Act ” means the Greater London Authority Act 1999 ; and
“ the Act ” means the Local Government Act 2003.
Provisions coming into force on 18th November 2003
2
Subject to article 8 and the Schedule, the following provisions of the Act shall come into force on 18th November 2003 —
a
sections 70(4) to (6), 83, 92(1), 99, 100(1), (2) and (4) to (8), 106 to 108, 109(3) and (4), 111, 112 and 115, paragraphs 7(2)(a), 7(3) and 18(1) of Schedule 4, Schedule 5 and paragraphs 1, 31, 36 to 39, 65, 68, 69 and 80 of Schedule 7;
b
section 101, so far as relating to England and so far as relating to a best value authority in Wales mentioned in subsection (7) of that section;
c
section 105(9), so far as it relates to the paragraphs of Schedule 4 specified in sub-paragraph (a);
d
section 109(1) for the purpose of the application of section 41A of the Audit Commission Act 1998 to registered social landlords for which the Housing Corporation is the Relevant Authority for the purposes of Part 1 of the Housing Act 1996 ;
e
section 125 so far as it —
i
enables an order to be made; and
ii
applies to the Isles of Scilly the provisions of Parts 1 and 2 of the Act coming into force by virtue of article 3;
f
section 127(1) so far as it relates to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (a);
g
section 127(2) so far as it relates to the provisions of Schedule 8 to the Act specified in sub-paragraph (h); and
h
in Schedule 8 —
i
the repeals relating to the Social Security Administration Act 1992 ;
ii
the repeals of paragraph 7(3) and (4) of Schedule 1 to the Social Security Administration (Fraud) Act 1997 ;
iii
the repeal of section 22(2) of the Local Government Act 1999 ;
iv
the repeal of section 52(7) of the 1999 Act;
v
the repeals relating to the Child Support, Pensions and Social Security Act 2000 ; and
vi
the revocations in Part 2, except for the revocation relating to the National Assembly for Wales (Transfer of Functions) Order 1999 .
Provisions coming into force on 18th November 2003 so far as relating to England
3
Subject to article 8 and the Schedule, the following provisions of the Act shall come into force, so far as relating to England, on 18th November 2003 —
a
sections 3(5) to (7) and (10), 4(1) to (3) and (5), 7(2)(b) and (3)(c), 8(3), 9(3), 10, 11, 14, 15, 16(2), 18, 19(3), 20, 21(1), (5) and (6), 23, 25, 26, 36, 41 to 57, 59, 60, 67(1) and (3) to (5), 70(1) to (3), 71, 89, 90(1), 100(3), 117, 119, 126 and 127(3) and (4), Schedule 3 and paragraphs 8, 19, 23, 26(1) and (2), 30, 33(3) and (5), 59, 61, 62 and 66(1) and (3) to (6) of Schedule 7;
b
section 19(1) so far as it relates to sections 9(3), 10, 11, 15, 16(2) and 18 of the Act;
c
section 19(2) so far as it relates to the power to make regulations in paragraph 4(2) of Schedule 1 to the Act;
d
section 21(2)(b) so far as it enables regulations to be made;
e
section 127(1) so far as it relates to the paragraphs of Schedule 7 to the Act specified in sub-paragraphs (a) and (h);
f
section 127(2) so far as it relates to the provisions of Schedule 8 to the Act specified in sub-paragraph (i);
g
in Schedule 1, paragraph 4(2) so far as it enables regulations to be made;
h
in Schedule 7, paragraph 29 so far as it relates to sections 45 and 53 of the 1989 Act ceasing to have effect; and
i
in Schedule 8 —
i
the repeals relating to the Housing Act 1985 ;
ii
the repeal of section 33 of the Local Government Act 1988 ;
iii
in the 1989 Act, the repeals of sections 45 and 53, the repeals relating to section 80(3) and paragraph 37(2) of Schedule 5 and the repeal of paragraph 97 of Schedule 11;
iv
the repeal of section 88(6)(a) of the Environmental Protection Act 1990 ;
v
the repeal relating to section 11(3) of the Local Government Finance Act 1992 ;
vi
the repeal of paragraph 8(5) of Schedule 8 to the Environment Act 1995 ; and
vii
the repeal of section 108(2) of the 1999 Act.
Provisions coming into force on 1st January 2004
4
Subject to article 8 and the Schedule, the following provisions of the Act shall come into force on 1st January 2004 —
a
section 125 so far as it applies to the Isles of Scilly the provisions of Part 1 of the Act coming into force by virtue of article 5;
b
section 127(1) so far as it relates to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (d);
c
section 127(2) so far as it relates to the provisions of Schedule 8 to the Act specified in sub-paragraph (e);
d
in Schedule 7 —
i
paragraphs 75 to 77; and
ii
paragraph 71 so far as it relates to sections 113 and 115(2) of the 1999 Act ceasing to have effect; and
e
in Schedule 8, the repeal of sections 113 and 115(2), and the repeals relating to sections 122(3)(b) and (6)(b) and 124(4)(b), of the 1999 Act.
Provisions coming into force on 1st January 2004 so far as relating to England
5
Subject to article 8 and the Schedule, section 3 of the Act, to the extent not brought into force by article 3, shall come into force, so far as relating to England, on 1st January 2004.
Provisions coming into force on 1st April 2004
6
Subject to article 8 and the Schedule, the following provisions of the Act shall come into force on 1st April 2004 —
a
sections 105, 109(1) and 125 and Schedule 4 to the extent not brought into force by articles 2 and 4;
b
section 127(1) so far as it relates to the paragraphs of Schedule 7 to the Act specified in sub-paragraph (d);
c
section 127(2) so far as it relates to the provisions of Schedule 8 to the Act specified in sub-paragraph (e);
d
in Schedule 7 —
i
paragraphs 27, 33(2) and (4), 70, 72 to 74 and 78; and
ii
paragraph 71 to the extent not brought into force by article 4; and
e
in Schedule 8 —
i
the repeals of item 5 in Part 1 and item 4 in Part 2 of Schedule 4 to the 1989 Act; and
ii
the repeals of sections 111, 112, 114, 115(1) and (3) and 116 to 118, and the repeals relating to section 119(1) and (3)(b), of the 1999 Act.
Provisions coming into force on 1st April 2004 so far as relating to England
7
Subject to article 8 and the Schedule, the following provisions of the Act shall come into force, so far as relating to England, on 1st April 2004 —
a
sections 1, 2, 5, 6, 12, 13, 16(1), 17, 22, 27 to 29, 37, 64, 67(2), 90(2) and (3), 102, 118, 120, Schedule 6 and paragraphs 2, 3, 4, 6, 18, 32, 51(3), 63 and 64 of Schedule 7;
b
sections 4, 7 to 9, 19 and 21, Schedule 1 and paragraph 29 of Schedule 7 to the extent not brought into force by article 3;
c
section 127(1) to the extent that it relates to the paragraphs of Schedule 7 to the Act specified in sub-paragraphs (a) and (b);
d
section 127(2) to the extent that it relates to the provisions of Schedule 8 to the Act specified in sub-paragraph (e); and
e
in Schedule 8 —
i
the repeal of section 137(4AA) of the Local Government Act 1972 ;
ii
the repeal relating to the Stock Transfer Act 1982 ;
iii
in the 1989 Act, the repeals of sections 39 to 44, 46 to 52, 54 to 66 and 80(2), the repeal relating to section 155(4) and the repeals of Schedule 3, paragraph 60 of Schedule 5 and paragraphs 6, 7 and 59 of Schedule 11;
iv
the repeals of sections 32(11), 43(8) and 50(6) of and paragraph 90 of Schedule 13 to the Local Government Finance Act 1992;
v
the repeal of section 30 of the Police and Magistrates' Courts Act 1994 ;
vi
the repeal of section 73 of and paragraph 31(2) of Schedule 10 to the Environment Act 1995;
vii
the repeal relating to the Police Act 1996 ;
viii
the repeal of the Local Government Finance (Supplementary Credit Approvals) Act 1997 ;
ix
the repeal relating to the Access to Justice Act 1999 ; and
x
the repeals relating to the Criminal Justice and Police Act 2001 .
Transitional provisions and savings
8
The Schedule to this Order shall have effect for the purposes of making transitional provisions and savings, which the Secretary of State considers necessary or expedient, in relation to the provisions to which it refers.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
13th November 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Strategic Health Authorities (Consultation on Changes) Regulations 2003 and shall come into force on 18th July 2003.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 2001 Act ” means the Health and Social Care Act 2001;
“overview and scrutiny committee” means a committee —
appointed in accordance with executive arrangements made under section 21 of the Local Government Act 2000 by a local authority to which section 7 of the 2001 Act applies, or
appointed in accordance with arrangements made under regulations pursuant to section 32 of the Local Government Act 2000 (and which, by virtue of the application to it by those regulations of provision made under section 7 of the 2001 Act, has the function of review and scrutiny of the health service), or
established by the Common Council of the City of London under section 10 of the 2001 Act; and
“ Strategic Health Authority Order ” means an Order under section 8(4) of the Act.
Consultation requirements for Strategic Health Authority Orders
2
1
For the purposes of section 8(5) of the Act, the prescribed consultation which must be completed before the Secretary of State may make a Strategic Health Authority Order is —
a
consultation by the Strategic Health Authority which is the subject of the proposed Order; or
b
in the case of an Order to establish a new Strategic Health Authority, by any Strategic Health Authority which would be abolished or varied as a result of the proposed Order,
with the bodies listed in paragraph (2).
2
The bodies referred to in paragraph (1) are —
a
any Primary Care Trust whose area falls, wholly or partly, within the area of the Strategic Health Authority;
b
any NHS trust which provides goods or services to persons for whom a Primary Care Trust, whose area falls wholly or partly within the area of the Strategic Health Authority, is responsible, unless the amount of goods or level of services is, in the opinion of the Strategic Health Authority, not significant;
c
any local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;
d
any overview and scrutiny committee (including any joint overview and scrutiny committee ) of a local authority whose area falls, wholly or partly, within the area of the Strategic Health Authority;
e
the Commission for Patient and Public Involvement in Health ;
f
any Patients' Forum established for a Primary Care Trust or for a NHS trust with which consultation is required under sub-paragraph (a) or (b);
g
any Community Health Council whose area falls, wholly or partly, within the area of the Strategic Health Authority;
h
such voluntary organisations as appear to the Strategic Health Authority to represent the interests of persons who are provided with health services under the 1977 Act in its area; and
i
such other persons as the Strategic Health Authority considers appropriate.
Combination of consultation
3
Where more than one Strategic Health Authority is the subject of or is affected by a proposed Strategic Health Authority Order, the consultation required under regulation 2 may be carried out jointly by the Strategic Health Authorities concerned or by one of them on behalf of all of them.
Reference to the Secretary of State
4
1
A Strategic Health Authority must not publish or send to the bodies listed in regulation 2(2) any written documentation prepared for the purposes of a consultation under these Regulations unless the consultation has been approved by the Secretary of State.
2
Within the period of 14 days beginning on the date on which a consultation required by these Regulations ends, or such longer period as the Secretary of State may determine, the Strategic Health Authority which has carried out the consultation must —
a
send to the Secretary of State such documents or information as the Secretary of State may require; and
b
report the results of the consultation to the Secretary of State and, if the Secretary of State so requires, provide copies of any written responses to the consultation.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
23rd June 2003


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) Order 2003 and shall come into force on 10th January 2003.
2
1
The countries set out in paragraph (2) are hereby designated as parties to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
2
Those countries are —
Albania;
Bulgaria;
Estonia;
Georgia;
Hungary;
Latvia;
Lithuania;
Malta;
Moldova;
Poland;
Romania;
Russian Federation;
San Marino;
Slovenia;
Ukraine.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
7th January 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sandwell and West Birmingham Hospitals National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 29th September 2003.
2
In this Order —
“the Establishment Order ” means the Sandwell and West Birmingham Hospitals National Health Service Trust (Establishment) Order 2002 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Significant teaching commitment
2
In article 3 of the Establishment Order (nature and functions of the trust), after paragraph (2), there shall be inserted —
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
.
Directors of trust
3
For article 4 of the Establishment Order (directors of trust) there shall be substituted —
4
1
The trust shall have, in addition to the chairman, 6 non-executive directors and 5 executive directors.
2
One of the non-executive directors shall be appointed from the University of Birmingham.
.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
9th September 2003


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Reform (Collective Enfranchisement and Lease Renewal) (Amendment) (England) Regulations 2003 and shall come into force on 30th September 2003.
Application
2
These Regulations apply only —
a
in respect of premises in England;
b
to cases where a notice under section 13 (notice by qualifying tenants of claim to exercise right to collectively enfranchise) or section 42 (notice by qualifying tenant of claim to exercise right to acquire a new lease) of the Leasehold Reform, Housing and Urban Development Act 1993 is served on or after the date these Regulations come into force.
Amendments
3
The Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993 shall be amended as follows —
a
delete paragraph 2 of Schedule 1; and
b
for sub-paragraph 4(1) of Schedule 2 substitute —
1
The landlord may require the tenant to deduce his title to his tenancy, by giving him notice within the period of twenty one days beginning with the relevant date.
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
4th August 2003


text:
1
This Order may be cited as The A19 Trunk Road (County Boundary to Fulford Interchange) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/355, marked “The A19 Trunk Road (County Boundary to Fulford Interchange) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at ODPM – DFT , Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN31 7EA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the East of Snaith to Sunderland Trunk Road (A19).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K A Lasbury
A Divisional Director, Highways Agency
12th March 2003


text:
1
This Order may be cited as the Value Added Tax (Finance) (No. 2) Order 2003 and shall apply in relation to any services performed on or after 1st August 2003.
2
Group 5 of Schedule 9 to the Value Added Tax Act 1994 is varied as follows:
a
after item 2 insert —
2A
The management of credit by the person granting it.
;
b
in item 9 omit “by the operator of the scheme”;
c
for item 10 substitute “The management of the scheme property of an open-ended investment company.”;
d
omit Note (2A);
e
in Note (5A) omit everything after “receive financial services”;
f
in Note (6) omit the definition of “operator”;
g
omit Note (7);
h
in Note (8) omit “and Note (7)”;
i
omit Note (9).
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford Radcliffe Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the Trust” means Oxford Radcliffe Hospitals National Health Service Trust .
Appointment of trustees
2
1
The Secretary of State hereby appoints trustees for the Trust for the purpose of exercising the functions described in section 11(1) of the Act (trust funds and trustees of NHS trusts) in relation to the Trust in respect of which the appointment is made.
2
The appointment under paragraph (1) shall be for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment.
Termination and suspension of appointment
3
Where the Secretary of State is of the opinion that it is not in the interests of the Trust or of the health service or of the administration of any trust funds that a trustee for the Trust should continue to hold that office, he may forthwith terminate his tenure of office and, pending any such determination, may suspend any such trustee from such office.


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Interception and Disclosure of Messages) (Designation) Regulations 2003 and shall come into force on 29th December 2003.
Revocation
2
The Wireless Telegraphy (Interception and Disclosure of Messages) (Designation) Regulations 2000 are hereby revoked.
Designation of persons
3
The persons for the time being who hold the respective positions of Operations Director and Head of Field Operations of the Office of Communications established under the Office of Communications Act 2002 are hereby designated for the purposes of section 5(7)(c) and (12)(c) of the Wireless Telegraphy Act 1949.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
28th November 2003


text:
1
This Order may be cited as the A614 Trunk Road (Ollerton to Apleyhead) (Detrunking) Order 2003 and shall come into force on 2nd July 2003.
2
In this Order —
i
“the principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A614 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/478, marked “The A614 Trunk Road (Ollerton to Apleyhead) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at DFT Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by the authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
22nd April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy (Public Fixed Wireless Access Licences) (Amendment) Regulations 2003 and shall come into force on 27th February 2003.
Amendment
2
In Part 1 of the Schedule to the 2002 Regulations the sector “GU24” shall be omitted from the second column in the row entitled “Southern”.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
25th February 2003


text:
Title and commencement
1
1
This Order may be cited as the Powys Health Care National Health Service Trust (Dissolution) Order 2003.
2
This Order shall come into force on 1st April 2003.
Dissolution of NHS Trust
2
The Powys Health Care National Health Service Trust established by the Powys Health Care National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D.Elis-Thomas
The Presiding Officer of the National Assembly for Wales.
19th March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply in relation to a school year beginning on or after that date.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), substitute “£1,500” for “£1,465” in each place where it appears.
3
In paragraph 1 of Schedule 2, substitute “£11,626” for “£11,368”.
4
For the table following paragraph 2(1) of that Schedule substitute the following table —
Table
(1) Part of relevant income to which specified percentage applies (2) Only assisted pupil (%) (3) Each of two assisted pupils (%) Each of three assisted pupils (%)
That part (if any) which exceeds £11,460 but does not exceed £12,461 9 6.75 5.25 That part (if any) which exceeds £12,461 but does not exceed £13,478 12 9 7 That part (if any) which exceeds £13,478 but does not exceed £15,495 15 11.25 8.75 That part (if any) which exceeds £15,495 but does not exceed £18,606 21 15.75 12.25 That part (if any) which exceeds £18,606 but does not exceed £22,660 24 18 14 That part (if any) which exceeds £22,660 33 24.75 19.25
David Miliband
Minister of State,
Department for Education and Skills
7th July 2003


text:
Citation and commencement
1
This Order may be cited as the Westminster Education Action Zone (Extension) Order 2003 and shall come into force on 1 st May 2003.
Interpretation
2
1
In this Order-
“Westminster Education Action Zone” means the Education Action Zone established by the Westminster Education Action Zone Order 2000 .
The extension of the Westminster Education Action Zone
3
The Westminster Education Action Zone is extended for a further period of two years beginning with 1 st May 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Title, extent and commencement
1
These Regulations, which may be cited as the Common Agricultural Policy (Wine) (England and Northern Ireland) (Amendment) Regulations 2003, shall apply to England and Northern Ireland and shall come into force on 17th February 2003.
Amendment of the Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001
2
The Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001 shall be amended —
a
in regulation 2(1) —
i
by substituting for the definition of “specified regions”, the following definition: ““specified region” means, for the purposes of point A of Annex VI to Council Regulation ( EC ) No. 1493/1999 , all that area of England situated at an altitude below 220 metres above sea level;”;
ii
by inserting, in its appropriate alphabetical place, the following definition —
“wine sector product” for the purposes of these Regulations, includes any aromatized wine;
;
iii
in the definition of “the Wine Standards Board” by substituting for the words “of the Vintners' Company”, the words “, a company limited by guarantee with company registration number 1127386”;
b
in regulations 5, 6(1), 6(3)(a) and 6(4), by substituting for the words “England or Northern Ireland”, the words “the specified region”;
c
in regulations 5, 14 and 16, by substituting for the words “specified regions” the words “specified region”;
d
by inserting after regulation 6, the following regulations —
Harvest, Production, Treatment and/or Marketing declarations
6A
Declarations submitted each year for the purposes of Articles 2 and 4 of Commission Regulation (EC) 1282/2001 shall take into account the quantities held at 1 December in that year.
Enrichment
6B
A notification of enrichment as referred to in Annex V(G)(5) to Council Regulation (EC) 1493/1999 shall be submitted to the competent body at least 48 hours prior to the commencement of the enrichment operation.
e
by substituting for paragraph (1) of regulation 8 the following paragraph —
8
1
Where an authorised officer inspects any wine sector product he may prohibit its being moved if he has reason to believe —
a
an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in column 1 or 2 of Part I, II , III , V or IX of Schedule 2;
b
there is, or is likely to be, a risk to public health in relation to that product; or
c
there has been or is likely to be, any fraudulent treatment of that product.
f
by deleting regulation 13;
g
by substituting for Schedule 1, the Schedule set out in the Schedule to these Regulations;
h
in item 1 of Part 1 of Schedule 2, by substituting for the entry in column 2 the words —
Regulation 884/2001: All articles except 1, 2, 9, 17, 18, 20, 21, 22 and 23
;
i
in item 1 of Part IV of Schedule 2, by substituting for the entry in column 2 the words
Regulation 1282/2001: Articles 2, 3, 4, 6 and 11
;
j
by substituting for item 1 of Part V of Schedule 2, the following item —
1. Regulation 1493/1999: Title V Regulation 883/2001: All articles except 6, 7, 13, 16, 19, 29, 34, 35 and 36 Requirements relating to trade with third countries in products in the wine sector
;
k
in column 1 of Schedule 3, by deleting the asterisk before the names of the following varieties: “Orion”, “Phoenix”, “Regent” and “Rondo (GM 6494/5)”;
l
by deleting Schedule 4;
m
in item 2 of Schedule 5, by substituting —
i
for the words “Total Dry Extract”, the words “Total Sugar-free Dry Extract”; and
ii
for “15 g/l”, “14 g/l”; and
n
in item 4 of Schedule 5, by substituting for “5 g/l”, “4 g/l”.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (Further Education Institutions Information) (England) (Revocation) Regulations 2003 and shall come into force on 15 th February 2003.
Revocation
2
The Education (Further Education Institutions Information) (England) Regulations 1995 , the Education (Further Education Institutions Information (England) (Amendment) Regulations 1997 , the Education (Further Education Institutions Information) (England) (Amendment) Regulations 1998 and the Education (Further Education Institutions Information) (England) (Amendment) Regulations 1999 are hereby revoked.
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
8th January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Conduct) (Senior Officers) (Amendment) Regulations 2003 and shall come into force on 15th November 2003.
2
In these Regulations “the 1999 Regulations ” means the Police (Conduct) (Senior Officers) Regulations 1999 .
Revocations and transitional provisions
2
1
Subject to the following provisions of this regulation, the National Crime Squad (Discipline) (Senior Police Members) Regulations 1998 (“the 1998 Regulations ”) are hereby revoked.
2
Subject to paragraph (3), where a report, complaint or allegation has been or is received in respect of conduct by a senior officer which occurred or commenced before 15th November 2003 —
a
nothing in the 1999 Regulations shall apply, and
b
the 1998 Regulations shall, as far as applicable, continue to have effect.
3
In the case of a report, complaint or allegation which —
a
relates to the conduct by a senior officer which occurred or commenced before 15th November 2003, but
b
is received on or after 15th November 2004,
the conduct shall be treated, for the purposes of this regulation, as having occurred or, as the case may be, commenced on 15th November 2003.
Amendments to the 1999 Regulations
3
1
Regulation 4 of the 1999 Regulations is amended as follows.
2
In paragraph (1) for the definition of “the appropriate authority” there is substituted —
“the appropriate authority” means, in relation to a senior officer of any police force, the police authority for the force’s area and in relation to a senior officer of the National Crime Squad, the Service Authority for that Squad;
.
3
The following paragraph is inserted —
2
In these Regulations —
a
a reference to a police force shall include a reference to the National Crime Squad,
b
a reference to a police authority shall include a reference to the Service Authority for that Squad, and
c
a reference to a chief officer includes a reference to the Director General of that Squad.
4
1
Regulation 24 of the 1999 Regulations is amended as follows.
2
In paragraph (1) after the words “police fund” there shall be inserted “or, as the case may be, the NCS service fund kept under section 61 of the Police Act 1997”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 3) Regulations 2003 and shall come into force on 30th November 2003.
2
In these Regulations “the principal Regulations ” means the Road Vehicles (Registration and Licensing) Regulations 2002 .
Amendment of the principal Regulations
2
In the principal Regulations after regulation 9 within Part II there shall be inserted —
Supplement payable on late renewal of vehicle licence
9A
1
Where paragraph (2) applies a supplement of the amount prescribed in paragraph (3) shall be payable.
2
This paragraph applies where —
a
a vehicle licence taken out for a vehicle expires,
b
no vehicle licence was issued for the vehicle before the end of a period of one month beginning with the date of that expiry, and
c
the registered keeper has failed to comply with requirements contained in Schedule 4.
3
The supplement shall be £80, except when it is paid to the Secretary of State before the expiry of 28 days beginning with the date on which the registered keeper is notified that a supplement may or has become payable, when it shall be £40.
4
The supplement shall be payable by the person in whose name the vehicle is registered under the 1994 Act at the date of the expiry of the licence by reason of whose late renewal the supplement becomes payable.
.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
19th November 2003
We consent to the making of these Regulations
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Local Health Boards (Functions) (Amendment) Regulations 2003 and come into force on 1st April 2003 immediately after the coming into force of the Local Health Boards (Functions) Regulations 2003 and apply to Wales only.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the principal Regulations ” (“ y prif Rheoliadau ”) means the Local Health Board (Functions) Regulations 2003 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with regulation 4.
4
Delete the Schedule to the principal Regulations (excepted functions of a relevant Health Authority) and substitute the Schedule hereto.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
John Marek
The Deputy Presiding Officer of the National Assembly
20th March 2003