text:
1
1
This Order may be cited as the Education (Recognised Bodies) (England) Order 2000 and shall come into force on 22nd December 2000.
2
This Order extends to England only .
2
The bodies which are specified in the Schedule to this Order are hereby designated as bodies which appear to the Secretary of State to be recognised bodies.
3
The Education (Recognised Bodies) Order 1999 is hereby revoked.
Tessa Blackstone
Minister of State
Department for Education and Employment
11th December 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance, Approved Investments and Contracts) (Amendment) Regulations 2000 and shall come into force on 8th May 2000.
Capital Finance Regulations
2
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in regulation 24 (other leases excluded from section 48) by the addition of the following at the end of paragraph (2) —
; or
g
any order, scheme or other instrument made under the Greater London Authority Act 1999 or the Regional Development Agencies Act 1998
.
Approved Investments Regulations
3
1
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended as follows.
2
In Regulation 1(2), in the definition of “relevant lender”, for “paragraph 28, 29 or 30” substitute “any of paragraphs 28 to 35”.
3
At the end of Part II of the Schedule, add —
31
The Greater London Authority.
32
The Metropolitan Police Authority.
33
The London Development Agency.
34
The London Fire and Emergency Planning Authority.
35
Transport for London.
.
Contracts Regulations
4
1
The Local Authorities (Contracts) Regulations 1997 shall be amended as follows.
2
In regulation 5(1), after sub-paragraph (e) omit “and” and after sub-paragraph (f) insert —
g
Transport for London; and
h
the London Development Agency.
.
3
In regulation 6(1) —
a
after “section 111 of the Local Government Act 1972 (subsidiary powers of local authorities)” insert “or, in the case of the Greater London Authority, in section 34(1) of the Greater London Authority Act 1999 or, in the case of Transport for London, in paragraph 1(3) of Schedule 10 to the Greater London Authority Act”; and
b
in sub-paragraph (b), after “section 111 of the Local Government Act 1972” insert “or, in the case of the Greater London Authority, section 34(1) of the Greater London Authority Act 1999 or, in the case of Transport for London, paragraph 1(3) of Schedule 10 to the Greater London Authority Act”.
4
In regulation 7 —
a
in paragraph (1) for “or section 6 of the 1989 Act” substitute “, section 6 of the 1989 Act or section 127 of the Greater London Authority Act 1999,”; and
b
in paragraph (2)(a) after “section 2(6) of the 1989 Act” insert “or, in the case of the Greater London Authority, its chief finance officer”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
10th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Westminster (Electoral Changes) Order 2000.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order–
“city” means the City of Westminster;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Westminster (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the City of Westminster
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The City of Westminster (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th March 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) (England) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations apply to local authorities and other bodies in England only.
Increase of allowances
2
1
Regulation 17 (allowance in respect of conferences and meetings) of the Local Authorities (Members' Allowances) Regulations 1991 is amended, in paragraph (2), by the substitution for “£29.48” of “ £30.39”.
2
The amendment made by paragraph (1) applies in relation to attendance at a conference or meeting on or after 1st April 2000.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) Regulations 1999 are revoked insofar as they relate to local authorities and other bodies in England.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
7th March 2000


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (England) (No. 2) Regulations 2000 and shall come into force on 29th November 2000.
Amendment of the Dairy Produce Quotas Regulations 1997
2
The Dairy Produce Quotas Regulations 1997 shall be amended, in so far as they apply in England, in accordance with regulations 3 to 13 of these Regulations.
3
In regulation 2 (interpretation), in paragraph (1) —
a
in the definition of “the Community compensation scheme”, at the end of that definition there shall be inserted the words —
or the scheme instituted by Council Regulation ( EC ) No. 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade and Commission Regulation (EC) No. 2647/98 laying down detailed rules for the application of Council Regulation (EC) No. 2330/98 , or both those schemes
;
b
in paragraph (c) of the definition of “Scottish Islands area” the word “Islay” shall be deleted.
4
Immediately after regulation 3 there shall be inserted the following regulation —
Scottish Islands area
3A
1
Quota registered to direct sellers and producers within any Scottish Islands area can only be used by producers and purchasers against direct sales or wholesale deliveries of milk produced within that Scottish Islands area.
2
The requirement in paragraph (1) does not apply to the reallocation of quota undertaken in accordance with Schedule 5.
3
In this regulation —
a
“direct seller” and “producer” include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce; and
b
a direct seller or producer within a Scottish Islands area means a direct seller or producer who has 50% or more of his dairy enterprise within that Scottish Islands area.
.
5
In regulation 6 (adjustment of purchaser quota) —
a
in paragraph (2) —
i
the words “or on any permanent conversion of quota under regulation 16,” and the words “or such a conversion of quota” shall be deleted;
ii
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
within 56 days of the date of such transaction and in any case on or before 14th May in the quota year immediately following the quota year in which that transaction took place, a statement setting out particulars of the transaction; and
b
in paragraph (4) —
i
for the word “Where” at the beginning of that paragraph there shall be substituted the words “Subject to paragraph (4A), where”;
ii
in sub-paragraph (a), for the words “have his purchaser quota” there shall be substituted the words “request of the Intervention Board (in such form as the latter may reasonably require) that his purchaser quota be”;
c
immediately after paragraph (4) there shall be inserted the following paragraphs —
4A
Where the amount of quota necessary to cover the deliveries made to an original purchaser and referred to in paragraph (4)(b) is affected by an adjustment of the quantity delivered by the producer (being an adjustment in accordance with the second sub-paragraph of Article 2(2) of the Commission Regulation) —
a
in the event that an increase in the original purchaser’s quota is necessary to cover the deliveries made to him by the producer, the original purchaser may apply to the Intervention Board (in such form as the latter may reasonably require) to assess and make such increase, and make a corresponding reduction in the purchaser quota of the purchaser (or purchasers) with whom the producer is newly registered, and
b
in the event that a reduction is capable of being made to the quota of an original purchaser who has more than is necessary to cover the deliveries made to him by the producer, any purchaser with whom the producer is newly registered and who requires an increase in purchaser quota to cover the deliveries made by the producer to him may apply to the Intervention Board (in such form as the latter may reasonably require) to assess and make the appropriate reduction, and make a corresponding increase in the purchaser quota of the said purchaser with whom the producer is newly registered,
and in each case upon such application the Intervention Board shall make the assessment requested and the appropriate adjustment.
4B
an application under paragraph (4A)(a) or (b) shall be made no later than 15th June in the quota year immediately following the quota year during which the producer changed from being registered with the original purchaser to being registered with the other purchaser in question.
.
6
In regulation 11 (transfer of quota without transfer of land) —
a
in paragraph (1), the words “8th May 1997 or” and “(whichever is the later)” shall be deleted;
b
in paragraph (2), in sub-paragraph (a), after the word “quota” there shall be inserted the words “, stating the amounts of used and unused quota transferred”;
c
paragraphs (5) and (6) shall be deleted;
d
for paragraph (7) there shall be substituted the following paragraph —
7
Where an application to transfer quota without transfer of land has been approved by the Intervention Board, the Intervention Board may wholly or partly release a transferee from the undertaking referred to in paragraph (2)(d)(i) where it is satisfied that the release is justified in the light of exceptional circumstances resulting in a significant fall in milk production or a significant failure to achieve a planned increase in milk production which, in either case, could not have been avoided or foreseen by the transferee at the time of the submission of the application under paragraph (1), and such release shall be to the extent that is required so as to permit the transfer of the amount of quota that the Intervention Board considers has remained unused in the particular case.
;
e
in paragraph 8, sub-paragraph (h) and the word “; and” immediately following sub-paragraph (g) shall be deleted.
7
In regulation 14 (temporary reallocation of quota) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
For the purposes of the reallocation of quota referred to in Article 2(1) of the Council Regulation, in so far as that reallocation relates to certain priority categories of producer who (under Article 2(4) of that Regulation and Article 5 of the Commission Regulation) may be determined as entitled to a redistribution of levy in the event of any levy being collected in excess of the levy actually due, the Intervention Board may, for any quota year, award to a producer referred to in paragraph (2) a temporary reallocation of an amount of any surplus quota, in accordance with the provisions of this regulation.
;
b
in paragraph (2), sub-paragraph (a) shall be deleted;
c
paragraphs (6) and (7) shall be deleted.
8
In regulation 16 (conversion of quota) —
a
in paragraph (4), for the words “paragraph (5)” there shall be substituted the words “paragraphs (5) and (6)”;
b
for paragraph (5) there shall be substituted the following paragraphs —
5
Where, upon application to the Intervention Board by a producer who has permanently converted quota in any quota year, the Intervention Board is satisfied that exceptional circumstances of a type described in regulation 11(8) have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production and it is of the opinion that such could have been neither foreseen nor avoided by the producer at the time of his permanent conversion, it may, in the same quota year in which the permanent conversion occurred, release that producer from the restriction in paragraph (4), and such release shall be to the extent that is required so as to allow the transfer of the amount of quota that the Intervention Board considers has remained unused in the particular case.
6
The restriction in paragraph (4) shall not apply to any producer who, in the immediately preceding quota year, has temporarily converted quota.
.
9
In regulation 25 (inspection of entries in the Intervention Board’s registers) —
a
the words “in writing”, in the first place that they occur, shall be deleted;
b
in sub-paragraph (a), after the word “entry” in the second place that it occurs, there shall be inserted the words “, or by anyone being the agent of such a person”.
10
In regulation 30 (powers of authorised officers), in paragraph (6), immediately after the word “regulation” there shall be inserted the words “and in regulation 30A”.
11
Immediately after regulation 30 there shall be inserted the following regulation —
Keeping and retention of records
30A
Without prejudice to regulation 3 of the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992 , the Intervention Board may by notice in the London Gazette require any relevant person to keep and retain, in respect of any matter governed by these Regulations, such records and for such a period as may be specified in that notice.
.
12
In regulation 31 (penalties), in paragraph (1), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in connection with these Regulations or the Community legislation, makes or causes to be made a statement or uses or causes to be used a document which he knows to be false in a material particular or recklessly makes or causes to be made a statement or recklessly uses or causes to be used a document which is false in a material particular; or
.
13
In Schedule 5 (reallocation of quota and calculation of levy liability), in both paragraphs 8 and 18, for the words “within 45 days of” there shall be substituted the words “on or before 14th May immediately following”.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food.
5th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2000 and shall come into force on 1st January 2001.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees) —
a
in paragraph (1) (fee for registration of premises), for “£139” substitute “£143” and for “£75” (fee where premises are in Northern Ireland) substitute “£77”;
b
in paragraph (2) (retention fee), for “£89” substitute “£92” and for “£70” (fee where premises are in Northern Ireland) substitute “£72”;
c
in paragraph (3) (additional sum by way of penalty), for “£286” substitute “£295” and for “£213” (sum where premises are in Northern Ireland) substitute “£219”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1999 are revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
5th December 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
11th December 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Donations to Charity by Individuals (Appropriate Declarations) Regulations 2000 and shall come into force on 21st August 2000.
2
These Regulations shall have effect in relation to —
a
gifts made on or after 6th April 2000 which are not covenanted payments; and
b
covenanted payments falling to be made on or after that date.
Interpretation
2
In these Regulations —
“appropriate declaration” has the same meaning as in section 25(1)(c) of the Finance Act 1990;
“the Board” means the Commissioners of Inland Revenue;
“donor” has the same meaning as in section 25(1) of the Finance Act 1990;
“electronic communications” includes any communications by means of a telecommunication system (within the meaning of the Telecommunications Act 1984 ).
Manner in which an appropriate declaration may be given
3
An appropriate declaration may be given by a donor to a charity —
a
in writing;
b
orally; or
c
by means of electronic communications.
Statements to be contained in declarations
4
1
An appropriate declaration must contain the following statements which are prescribed by this regulation for the purposes of section 25(3)(b) of the Finance Act 1990 —
a
the name and address of the donor;
b
the name of the charity;
c
a description of the gift or gifts to which the declaration relates;
d
a statement that the gift or gifts to which the declaration relates are to be treated as qualifying donations for the purposes of section 25 of the Finance Act 1990; and
e
where the declaration is given in writing to the charity, a statement explaining the effect of section 25(8) of the Finance Act 1990.
2
Where a donor who has given an appropriate declaration to a charity notifies the charity of any change to the statements prescribed by paragraph (1)(a), the charity must keep a record of those changes with the appropriate declaration.
Declarations given orally
5
1
Where a donor gives an appropriate declaration orally to a charity, the charity must make a record in writing of —
a
the statements prescribed by regulation 4(1)(a) to (d); and
b
a statement explaining the effect of section 25(8) of the Finance Act 1990;
and the charity must send that record (referred to in this regulation and in regulation 6 as “the written record”) to the donor.
2
The written record must state the date on which the charity sends it to the donor.
3
A donor who gives an appropriate declaration orally to a charity is entitled to cancel that declaration by giving notice in writing to the charity not later than 30 days following the day on which the charity sends him the written record, and every written record must contain a statement that the donor is entitled to do so.
Prescribed circumstances in which appropriate declarations given orally are deemed never to have had effect
6
1
For the purposes prescribed by paragraph (2), an appropriate declaration shall be treated as never having had effect in the circumstances prescribed by paragraph (3) or (4).
2
The purposes prescribed by this paragraph are any purposes of the Taxes Acts.
3
The circumstances prescribed by this paragraph are where an appropriate declaration has been given orally by a donor in respect of which the charity has not sent the written record to the donor.
4
The circumstances prescribed by this paragraph are where an appropriate declaration has been given orally by a donor which the donor cancels by giving notice to the charity in accordance with regulation 5(3).
Prescribed circumstances in which appropriate declarations cease to have effect
7
1
For the purposes prescribed by paragraph (2), an appropriate declaration shall cease to have effect in, and in accordance with, the circumstances prescribed by paragraph (3).
2
The purposes prescribed by this paragraph are any purposes of the Taxes Acts.
3
The circumstances prescribed by this paragraph are where a charity receives notification from a donor of the cancellation of an appropriate declaration with effect from either the receipt of that notification by the charity or such later date as is specified in that notification.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
28th July 2000


text:
1
This Order may be cited as the Data Protection (Miscellaneous Subject Access Exemptions) Order 2000 and shall come into force on 1st March 2000.
2
Personal data consisting of information the disclosure of which is prohibited or restricted by the enactments and instruments listed in the Schedule to this Order are exempt from section 7 of the Data Protection Act 1998.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
17th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment No. 3) Regulations 2000 and shall come into force on 8th November 2000.
Amendment
2
The Education (School Performance Information) (England) Regulations 1999 shall be amended as follows.
3
At the beginning of regulation 14 there shall be inserted the words “Subject to regulation 15”.
4
After regulation 14 there shall be added the following regulation —
Treatment of registered pupils at the end of the final year of the second key stage whose first language is not English
15
1
In the circumstances set out in paragraph (2) below, an authority shall publish the information required by regulation 14(2), (3) and (3A) in accordance with paragraph (3) below (information in respect of those registered pupils at or near the end of the second key stage excluding pupils whose first language is not English).
2
The circumstances referred to in paragraph (1) are where the Secretary of State, on application from the school in question, has directed the authority, for the purposes set out in paragraph (3), not to count registered pupils at that school whose first language is not English, as defined for the purpose of this regulation in paragraph (4).
3
An authority shall not count registered pupils whose first language is not English when —
a
under regulation 14(2)(a), publishing information about the number of registered pupils at or near the end of the final year of the second key stage;
b
under regulation 14(2)(b), determining whether a school has eleven or more registered pupils at or near the end of the final year of the second key stage;
c
under regulation 14(2)(b)(i) and (ii), publishing information about the percentages of registered pupils at or near the end of the final year of the second key stage;
d
under paragraph 8 of Schedule 6 , publishing information about the number of registered pupils at or near the end of the final year of the second key stage who have special educational needs;
e
under regulation 14(3A) , publishing information about the number of registered pupils at or near the end of the final year of the second key stage who have special educational needs determined under paragraph 8 of Schedule 6 expressed as the percentage of the number of registered pupils at or near the end of the final year of the second key stage.
4
For the purposes of this regulation, a pupil whose first language is not English is a registered pupil who —
a
first became a registered pupil at a school in England on or after the start of the school year immediately preceding the reporting school year;
b
prior to first becoming such a pupil, was resident outside the United Kingdom; and
c
has a first language other than English.
.
5
For Schedule 8 (form in which information is to be published by local education authorities) there shall be substituted the Schedule set out in the Schedule to these Regulations.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
17th October 2000


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modifications) (Amendment No. 2) Regulations 2000 and shall come into force on 10th November 2000.
Regulations amended
2
The provisions specified in the Schedule hereto (which modify certain licences granted under section 7 of the Telecommunications Act 1984 by Regulations made under section 2(2) of the European Communities Act 1972 ) shall have effect notwithstanding the provisions of sections 12 to 15 of the Telecommunications Act 1984 (which provide for the modification of such licences)(c).
Patricia Hewitt
Minister of State for SmallBusiness and E.CommerceDepartment of Trade and Industry
9th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 2000 and shall come into force on 18th January 2001.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“ GCE “A” Level examination” and “ GCE “AS” examination” mean General Certificate of Education advanced level examination and General Certificate of Education advanced supplementary examination respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means General National Vocational Qualification;
“GNVQ precursor” means any of —
the National Certificate or National Diploma of the EDEXCEL Foundation;
the Diploma of Vocational Education of the City and Guilds of London Institute at national level;
the First Certificate or First Diploma of the EDEXCEL Foundation; or
the Diploma of Vocational Education of the City and Guilds of London Institute at intermediate level;
being qualifications approved by the Secretary of State under section 400 of the 1996 Act;
“ NVQ ” means National Vocational Qualification;
“permanently excluded” means a pupil who has been permanently excluded from a school on disciplinary grounds;
“permanent exclusion date” means the date on which the name of a permanently excluded pupil is deleted from the Register;
“post advanced level course” means a course of study being undertaken by a pupil who has completed a course leading to any of —
a GCE “A” level examination,
a GCE “AS” examination,
a GNVQ at level 3,
a GNVQ precursor at level 3, or
a NVQ at level 3 and is no longer studying any of those courses;
“Register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ; and
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Employment.
Revocation
3
The Education (Information About Individual Pupils) (England) Regulations 1999 are hereby revoked.
Provision of information by schools maintained by local education authorities to their local education authorities
4
Within fourteen days of receiving a request from the local education authority by which a school is maintained, the governing body of that school shall provide to the authority such of the information referred to in the Schedule to these Regulations as is so requested.
Jaqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
21st December 2000


text:
Citation and commencement
1
This Order may be cited as the Petty Sessions Areas (Amendment) Order 2000 and shall come into force on 1st April 2000.
Petty sessions areas
2
For the Schedule to the Petty Sessions Areas Order 1999 there shall be substituted the Schedule to this Order.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 9th March 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Meat (Enhanced Enforcement Powers) (England) Regulations 2000, shall extend to England only and shall come into force on 1st March 2000.
Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995
2
1
Insofar as they extend to England, the Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions —
“associate”, in relation to a person entitled to exercise or control the exercise of voting power in relation to a body corporate, means —
if the person so entitled is a natural person —
his husband, wife, son or daughter (including a stepson or step-daughter),
any body corporate of which he is a director,
any person who is his employee or partner;
if the person so entitled is a body corporate —
any of its directors,
any body corporate which is a subsidiary of it,
any employee or director of any such subsidiary,
(if it is itself a subsidiary) any other subsidiary of the holding company they have in common,
any employee or director of any such subsidiary; and
(whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement —
with respect to the acquisition, holding or disposal of shares or other interests in the body corporate first-mentioned in this definition, or
under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;
;
“controller”, in relation to the occupier of any licensed premises which is a body corporate, means a person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person;
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
;
“manager” means a person who exercises managerial functions in relation to licensed premises;
;
“the Minister” means “the Minister of Agriculture, Fisheries and Food”;
;
“subsidiary” and “holding company” mean respectively a “subsidiary” and a “holding company” within the meaning of section 736(1) of the Companies Act 1985 ;
.
3
In paragraph (1) of regulation 3 (exemptions and savings for existing licences) the phrase “Subject to regulation 3A,” shall be inserted at the beginning.
4
The following regulation shall be inserted into Part I immediately after regulation 3 —
Obligations on persons engaged in otherwise exempt activities
3A
1
No person who (by virtue of regulation 3(1)(f)) is stated to be exempt from these Regulations shall —
a
sell, offer for sale or expose for sale; or
b
possess with a view to sale or preparation for sale,
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
2
Notwithstanding regulation 3(1)(f), regulations 2, 21, 22 and 23 shall apply in respect of the prohibitions imposed by paragraph (1) above.
.
5
Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following —
1
No person shall carry on the business of a slaughterhouse, cutting premises, a re-packaging centre, a cold store, a farmed game handling facility or a farmed game processing facility unless —
a
the premises concerned are licensed for the business concerned by the Minister;
b
that person complies with any conditions to which the licence is subject; and
c
that person —
i
applies for the licence for those premises on or after the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000,
ii
was the occupier of those premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 and has complied with the obligation in regulation 7A,
iii
(subsequent to the grant of the licence or the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000, whichever is later) notified the Minister in accordance with regulation 4A(3) of his intention to carry on that business there, or
iv
(where the previous occupier of those premises was a natural person) is the personal representative or a member of the family of the previous occupier, and that previous occupier died less than one month previously.
.
6
The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 —
3A
Each application for a licence under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.
.
7
The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) —
Change of directors, managers and controllers of occupiers of licensed premises and change of occupier of such premises
4A
1
The occupier of licensed premises shall notify the Minister of any change in the identity or principal business address of his directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change.
2
No occupier of licensed premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the licence unless he notifies the Minister of that person’s name and principal business address at least 21 days before the transfer or occupation concerned.
3
Any person who intends to occupy licensed premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are licensed shall notify the Minister at least 21 days before he occupies them of his intention to do so, and of his name and principal business address.
4
Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased’s personal representatives or by any member of his family, but the successor shall notify the Minister of his name and principal business address within one month of the death.
5
Any notification made pursuant to paragraph (2), (3) or (4) above shall record the respective identities and principal business addresses of each manager and (if applicable) director and controller of the new occupier.
.
8
In paragraph (1)(b) of regulation 5 the words “as to hygiene” shall be revoked.
9
Paragraph (1)(c) of regulation 5 shall be replaced with the following —
c
any condition attached to the licence has not been complied with;
.
10
The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) —
Suspension of licences
5A
1
The Minister may suspend a licence granted in respect of any premises where —
a
it appears to him that —
i
any requirement of these Regulations in relation to the premises is being breached, or
ii
adequate health inspection in accordance with these Regulations is being hampered there; or
b
a notice has been served in relation to those premises pursuant to regulation 10(1), and —
i
the Minister is not satisfied that the action specified in the notice has been taken within the time specified there, and
ii
as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
2
Where the Minister intends to suspend a licence pursuant to paragraph (1) above, he shall give notice in writing to the occupier of the premises, informing him of —
a
his decision to suspend the licence;
b
the date on which he intends the suspension to take effect (which may be the date on which the notice is issued);
c
the matters which must be remedied in order for the suspension to be lifted;
d
the occupier’s right to appeal under regulation 6, and of the time within which any such appeal must be made.
3
Insofar as a licence is suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
4
The Minister shall lift the suspension of any licence where he is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or where a Meat Hygiene Appeals Tribunal has determined under regulation 6(3) that the licence should not have been suspended, and may lift the suspension of any licence in any other case.
5
Where the Minister lifts a suspension pursuant to paragraph (4) above, he shall do so by notice specifying the date on which it is lifted.
.
11
Paragraph (1) of regulation 6 shall be replaced with the following —
1
Where the Minister —
a
has refused to license any premises;
b
has granted a licence subject to conditions or has subsequently attached conditions to a licence;
c
has suspended the licence of any premises; or
d
has revoked the licence of any premises,
the owner or occupier of, or any person proposing to occupy, the premises may within 21 days of being notified of the relevant decision of the Minister referred to above appeal to a Meat Hygiene Appeals Tribunal.
.
12
Paragraph (3) of regulation 6 shall be replaced with the following —
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that —
a
the grant of a licence should not have been refused;
b
conditions have unreasonably been attached to a licence;
c
a licence should not have been suspended; or
d
a licence should not have been revoked,
the Minister shall give effect to the determination of the Tribunal.
.
13
Paragraph (4) of regulation 6 shall be replaced with the following —
4
Where the Minister has revoked the licence of any premises under regulation 5, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the Minister for the protection of public health, unless —
a
the time for appealing against the Minister’s decision pursuant to paragraph (1) above has expired without an appeal having been lodged; and
b
(where an appeal has been lodged within the 21-day period stipulated in that paragraph) the appeal has been finally disposed of or abandoned.
5
Nothing in paragraph (4) above shall permit premises to be used if —
a
a prohibition order, emergency prohibition notice, emergency prohibition order or emergency control order has been imposed on the premises pursuant to section 11, 12 or 13 of the Act; or
b
the Minister has suspended the licence of the premises pursuant to regulation 5A.
.
14
The following regulation shall be inserted into Part II, after regulation 7 —
Provision of information by current occupiers of licensed premises
7A
Every person who is the occupier of licensed premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 shall notify the Minister of —
a
his identity and principal business address;
b
the identity and principal business address of each of his managers and (if applicable) directors and controllers; and
c
the address of those licensed premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.
.
15
In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) —
aA
the inspection of the records required to be kept by the occupier pursuant to regulation 20(1)(a), (e) and (f) and otherwise monitoring the occupier’s compliance with his duties under regulation 20.
.
16
In paragraph (1)(a) of regulation 10 (powers of OVSs and veterinary officers) the words “as to hygiene” shall be revoked.
17
Sub-division (ii) of regulation 10(1) shall be replaced with the following —
ii
impose conditions upon or prohibit the carrying out of any process, or
iii
require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
.
18
In paragraph (1) of regulation 13 (general conditions) the following sub-paragraph shall be substituted for sub-paragraph (a) —
a
without prejudice to the specific conditions set out in the following sub-paragraphs of this paragraph, each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out;
.
19
In paragraph (1)(g) of regulation 13 the word “licensed” shall be inserted between “a” and “cold store”.
20
Paragraph (1)(a) of regulation 20 (duties of occupier) shall be replaced with the following —
a
shall make (and retain for a period of at least one year from the date of making) a record sufficient to show —
i
the number of animals and where appropriate the mass (measured in tonnes) of meat entering the premises in each week, in each case identified by species, and
ii
the mass (measured in tonnes) of fresh meat dispatched from those premises in each week.
.
21
Paragraph (1)(e) of regulation 20 shall be replaced with the following —
e
shall as soon as is practicable after the completion of the checks concerned make and retain for a period of at least one year from the date of making a record of any check carried out pursuant to sub-paragraph (d) of this paragraph;
.
22
Paragraph (1)(f) of regulation 20 shall be replaced with the following —
f
shall as soon as is practicable after getting the results concerned make and retain for a period of at least one year from the date of making a record of the results of water testing on the premises;
.
23
Paragraph (2) of regulation 20 shall be revoked.
24
In regulation 21 (offences and penalties) —
a
paragraph (1) and the word “other” in paragraph (2)(a) shall be revoked; and
b
in paragraph (3) the phrase “Nothing in paragraph (2) above shall apply” shall be substituted for the phrase “Neither paragraph (1) nor paragraph (2) above applies”.
25
The following text shall be substituted for the existing text of regulation 23 (enforcement) —
1
These Regulations shall be executed and enforced —
a
in relation to licensed premises by the Minister; and
b
in relation to any place other than licensed premises by the food authority within whose area that place is situated.
2
On an inspection of any meat in licensed premises an authorised officer of the Minister may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
3
On an inspection of any meat at any place other than licensed premises an authorised officer of the food authority within whose area that place is situated may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
4
Where any meat is certified as mentioned in paragraph (2) or (3) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
.
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
3
1
Insofar as they extend to England, the Poultry Meat, Farmed Game Bird and Rabbit Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions —
“associate”, in relation to a person entitled to exercise or control the exercise of voting power in relation to a body corporate, means —
if the person so entitled is a natural person —
his husband, wife, son or daughter (including a stepson or step-daughter),
any body corporate of which he is a director,
any person who is his employee or partner;
if the person so entitled is a body corporate —
any of its directors,
any body corporate which is a subsidiary of it,
any employee or director of any such subsidiary,
(if it is itself a subsidiary) any other subsidiary of the holding company they have in common,
any employee or director of any such subsidiary; and
(whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement —
with respect to the acquisition, holding or disposal of shares or other interests in the body corporate first-mentioned in this definition, or
under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;
;
“controller”, in relation to the occupier of any licensed premises which is a body corporate, means a person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person;
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
;
“manager” means a person who exercises managerial functions in relation to licensed premises;
;
“the Minister” means “the Minister of Agriculture, Fisheries and Food”;
;
“subsidiary” and “holding company” mean respectively a “subsidiary” and a
“holding company” within the meaning of section 736(1) of the Companies Act 1985;
.
3
In paragraph (1) of regulation 3 (exemptions and saving for existing licences) the phrase “Subject to regulation 3A,” shall be inserted at the beginning.
4
The following regulation shall be inserted into Part I immediately after regulation 3 —
Obligations on persons engaged in otherwise exempt activities
3A
1
No person who (by virtue of regulation 3(1)(g)) is stated to be exempt from these Regulations shall —
a
sell, offer for sale or expose for sale; or
b
possess with a view to sale or preparation for sale,
any fresh meat intended for human consumption unless each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out.
2
Notwithstanding regulation 3(1)(g), regulations 2, 20, 22, 23 and 24 shall apply in respect of the prohibitions imposed by paragraph (1) above.
.
5
Paragraph (1) of regulation 4 (issue of licences) shall be replaced with the following —
1
No person shall carry on the business of a slaughterhouse, cutting premises, a cold store or a re-wrapping centre unless —
a
the premises concerned are licensed for the business concerned by the Minister;
b
that person complies with any conditions to which the licence is subject; and
c
that person —
i
applies for the licence for those premises on or after the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000,
ii
was the occupier of those premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 and has complied with the obligation in regulation 7A,
iii
(subsequent to the grant of the licence or the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000, whichever is later) notified the Minister in accordance with regulation 4A(3) of his intention to carry on that business there, or
iv
(where the previous occupier of those premises was a natural person) is the personal representative or a member of the family of the previous occupier, and that previous occupier died less than one month previously.
.
6
The following paragraph shall be inserted between paragraphs (3) and (4) of regulation 4 —
3A
Each application for a licence under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.
.
7
The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of licences) —
Change of directors, managers and controllers of occupiers of licensed premises and change of occupier of such premises
4A
1
The occupier of licensed premises shall notify the Minister of any change in the identity or principal business address of his directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change.
2
No occupier of licensed premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the licence unless he notifies the Minister of that person’s name and principal business address at least 21 days before the transfer or occupation concerned.
3
Any person who intends to occupy licensed premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are licensed shall notify the Minister at least 21 days before he occupies them of his intention to do so, and of his name and principal business address.
4
Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased’s personal representatives or by any member of his family, but the successor shall notify the Minister of his name and principal business address within one month of the death.
5
Any notification made pursuant to paragraph (2), (3) or (4) above shall record the respective identities and principal business addresses of each manager and (if applicable) director and controller of the new occupier.
.
8
In paragraph (1)(b) of regulation 5 the words “as to hygiene” shall be revoked.
9
Paragraph (1)(d) of regulation 5 shall be replaced with the following —
d
any condition attached to the licence has not been complied with;
.
10
The following regulation shall be inserted between regulation 5 and regulation 6 (appeals) —
Suspension of licences
5A
1
The Minister may suspend a licence granted in respect of any premises where —
a
it appears to him that —
i
any requirement of these Regulations in relation to the premises is being breached, or
ii
adequate health inspection in accordance with these Regulations is being hampered there; or
b
a notice has been served in relation to those premises pursuant to regulation 10(1), and —
i
the Minister is not satisfied that the action specified in the notice has been taken within the time specified there, and
ii
as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
2
Where the Minister intends to suspend a licence pursuant to paragraph (1) above, he shall give notice in writing to the occupier of the premises, informing him of —
a
his decision to suspend the licence;
b
the date on which he intends the suspension to take effect (which may be the date on which the notice is issued);
c
the matters which must be remedied in order for the suspension to be lifted;
d
the occupier’s right to appeal under regulation 6, and of the time within which any such appeal must be made.
3
Insofar as a licence has been suspended pursuant to paragraph (1) above, the premises in respect of which that licence was granted shall be treated for the purposes of these Regulations as if they were not licensed premises.
4
The Minister shall lift the suspension of any licence where he is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or where a Meat Hygiene Appeals Tribunal has determined under regulation 6(3) that the licence should not have been suspended, and may lift the suspension of any licence in any other case.
5
Where the Minister lifts a suspension pursuant to paragraph (4) above, he shall do so by notice specifying the date on which it is lifted.
.
11
Paragraph (1) of regulation 6 shall be replaced with the following —
1
Where the Minister —
a
has refused to licence any premises;
b
has granted a licence subject to conditions or has subsequently attached conditions to a licence;
c
has suspended the licence of any premises; or
d
has revoked the licence of any premises,
the occupier of those premises may within 21 days of being notified of the relevant decision of the Minister referred to above appeal to a Meat Hygiene Appeals Tribunal.
.
12
Paragraph (3) of regulation 6 shall be replaced with the following —
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that —
a
the grant of a licence should not have been refused;
b
conditions have unreasonably been attached to a licence;
c
a licence should not have been suspended; or
d
a licence should not have been revoked,
the Minister shall give effect to the determination of the Tribunal.
.
13
Paragraph (4) of regulation 6 shall be replaced with the following —
4
Where the Minister has revoked the licence of any premises under regulation 5, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the Minister for the protection of public health, unless —
a
the time for appealing against the Minister’s decision pursuant to paragraph (1) above has expired without an appeal having been lodged; and
b
(where an appeal has been lodged within the 21-day period stipulated in that paragraph) the appeal has been finally disposed of or abandoned.
5
Nothing in paragraph (4) above shall permit premises to be used if —
a
a prohibition order, emergency prohibition notice, emergency prohibition order or emergency control order has been imposed on the premises pursuant to section 11, 12 or 13 of the Act; or
b
the Minister has suspended the licence of the premises pursuant to regulation 5A.
.
14
The following regulation shall be inserted into Part II, after regulation 7 —
Provision of information by current occupiers of licensed premises
7A
Every person who is the occupier of licensed premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 shall notify the Minister of —
a
his identity and principal business address;
b
the identity and principal business address of each of his managers and (if applicable) directors and controllers; and
c
the address of those licensed premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.
.
15
In paragraph (1) of regulation 8 (supervision of premises), the following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) —
aA
the inspection of the records required to be kept by the occupier pursuant to regulation 18(1)(a) and (e)(i) and otherwise monitoring the occupier’s compliance with his duties under regulation 18;
.
16
In paragraph (1)(a) of regulation 10 (powers of official veterinary surgeons and veterinary officers) the words “as to hygiene” shall be revoked.
17
Sub-division (ii) of regulation 10(1) shall be replaced with the following —
ii
impose conditions upon or prohibit the carrying out of any process, or
iii
require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
.
18
In paragraph (1) of regulation 14 (general conditions) the following sub-paragraph is substituted for sub-paragraph (a) —
a
without prejudice to the specific conditions set out in the following sub-paragraphs of this paragraph, each operation in relation to that meat required to have been carried out in compliance with these Regulations has been so carried out;
.
19
paragraph (1)(a) of regulation 18 (duties of occupier) shall be replaced with the following —
a
make (and retain for a period of at least one year from the date of making) a record sufficient to show —
i
the number of birds and rabbits and where appropriate the mass (measured in tonnes) of meat entering the premises in each week, in each case identified by species, and
ii
the mass (measured in tonnes) of fresh meat dispatched from those premises in each week.
.
20
In regulation 20 (offences and penalties) —
a
paragraph (1) shall be revoked;
b
the following shall be substituted for paragraph (2)(a) —
a
any provision of these Regulations;
;
c
in paragraph (3) the phrase “Nothing in paragraph (2) above shall apply” shall be substituted for the phrase “Neither paragraph (1) nor paragraph (2) above applies”; and
d
in paragraph (4) the phrase “paragraph (2) above” shall be substituted for the phrase “any of the provisions mentioned in paragraph (1) or (2) above”.
21
The following paragraph shall be substituted for paragraph (1) of regulation 23 (enforcement) and paragraph (2) of that regulation shall be revoked —
1
These Regulations shall be executed and enforced —
a
in relation to licensed premises by the Minister; and
b
in relation to any place other than licensed premises by the food authority within whose area that place is situated.
.
22
The following paragraphs shall be inserted at the end of regulation 23 —
4
On an inspection of any meat in licensed premises an authorised officer of the Minister may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
5
On an inspection of any meat at any place other than licensed premises an authorised officer of the food authority within whose area that place is situated may certify that the meat concerned has not been produced, stored or transported in accordance with these Regulations.
6
Where any meat is certified as mentioned in paragraph (4) or (5) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
.
Amendments to the Meat Products (Hygiene) Regulations 1994
4
1
Insofar as they extend to England, the Meat Products (Hygiene) Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions —
“associate”, in relation to a person entitled to exercise or control the exercise of voting power in relation to a body corporate, means —
if the person so entitled is a natural person —
his husband, wife, son or daughter (including a step-son or step-daughter),
any body corporate of which he is a director;
any person who is his employee or partner;
if the person so entitled is a body corporate —
any of its directors,
any body corporate which is a subsidiary of it,
any employee or director of any such subsidiary,
(if it is itself a subsidiary) any other subsidiary of the holding company they have in common,
any employee or director of any such subsidiary; and
(whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement —
with respect to the acquisition, holding or disposal of shares or other interests in the body corporate first-mentioned in this definition, or
under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;
;
“controller”, in relation to the occupier of any approved premises which is a body corporate, means a person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person;
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
;
“manager” means a person who exercises managerial functions in relation to approved permises;
;
“the Minister” means “the Minister of Agriculture, Fisheries and Food”;
;
“premises” means any premises subject to the requirements of regulation 4 or 5;
;
“subsidiary” and “holding company” mean respectively a “subsidiary” and a “holding company” within the meaning of section 736(1) of the Companies Act 1985;
.
3
In paragraph (a) of the definition of “combined premises” in paragraph (1) of regulation 2 there shall be inserted before “a” where it appears second the phrase “or fall within the same curtilage as”.
4
In regulation 3 (exemption) the phrase “Subject to regulation 3A,” shall be inserted at the beginning.
5
The following regulation shall be inserted into Part I immediately after regulation 3 —
Obligations on persons engaged in otherwise exempt activities
3A
1
No person who (by virtue of regulation 3) is stated to be exempt from these Regulations shall —
a
sell, offer for sale or expose for sale; or
b
possess for the purpose of or preparation for sale,
any meat products or other products of animal origin unless —
c
each operation in relation to the raw materials for those meat products or other products of animal origin required to have been carried out in compliance with the Hygiene Regulations has been so carried out; and
d
each operation in relation to those meat products or other products of animal origin required to have been carried out in compliance with these Regulations has been so carried out.
2
Notwithstanding regulation 3, regulations 2, 19, 20, 21 and 22 shall apply in respect of the prohibitions imposed by paragraph (1) above.
.
6
The following paragraph shall be inserted between paragraphs (6) and (7) of regulation 4 (approvals of premises other than ambient stores, rewrapping centres and cold stores) —
6A
Each application for an approval under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.
.
7
The following paragraph shall be inserted between paragraphs (5) and (6) of regulation 5 (approval of ambient stores, rewrapping centres and cold stores) —
5A
Each application for an approval under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.
.
8
The following regulation shall be inserted between regulation 5 and regulation 6 (revocation of approvals) —
Change of directors, managers and controllers of occupiers of approved premises and change of occupier of such premises
5A
1
The occupier of any approved premises shall notify the approval authority of any change in the identity or principal business address of his directors, managers or controllers as soon as is reasonably practicable after that change occurs, and in any event within one month of that change.
2
No occupier of approved premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted there by these Regulations unless he notifies the approval authority of that person’s name and principal business address at least 21 days before the transfer or occupation concerned.
3
Any person who intends to occupy approved premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are approved shall notify the approval authority at least 21 days before he occupies them of his attention to do so and of his name and principal business address.
4
Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased’s personal representatives or by any member of his family, but the successor shall notify the approval authority of his name and principal business address within one month of the death.
5
Any notification made pursuant to paragraph (2), (3) or (4) above shall record the identity and principal business address of each manager and (if applicable) director and controller of the new occupier.
.
9
In paragraph (1) of regulation 6, the phrase “to paragraph (3) below and” shall be revoked.
10
The following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) of paragraph (1) of regulation 6 —
aA
that any condition attached to the approval has not been complied with;
.
11
Paragraph (3) of regulation 6 shall be revoked.
12
The following regulation shall be inserted between regulation 6 and regulation 7 (right of appeal) —
Suspension of approvals
6A
1
The approval authority may suspend an approval granted in respect of any premises where —
a
it appears to it that —
i
any requirement of these Regulations in relation to the premises is being breached, or
ii
adequate health inspection in accordance with these Regulations is being hampered there; or
b
a notice has been served in relation to those premises pursuant to regulation 19A(1), and —
i
the approval authority is not satisfied that the action specified in the notice has been taken within the time specified in it, and
ii
as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
2
Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing him of —
a
its decision to suspend the approval;
b
the date on which it intends the suspension to take effect (which may be the date on which the notice is issued);
c
the matters which must be remedied in order for the suspension to be lifted;
d
the occupier’s right to appeal under regulation 7, and of the time within which any such appeal must be made.
3
When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
4
The approval authority shall lift the suspension of any approval where, first, it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or, second, where a magistrates' court has determined under regulation 7(3) that the approval should not have been suspended; and the approval authority may lift the suspension of any approval in any other case.
5
Where the approval authority lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.
.
13
The following paragraph shall be substituted for paragraph (1) of regulation 7 —
1
Any person who is aggrieved by —
a
the refusal of an approval authority to approve any premises;
b
the decision by an approval authority to grant an approval subject to conditions or to attach conditions to an existing approval;
c
the decision by an approval authority to suspend an approval;
d
the decision by an approval authority to revoke an approval; or
e
a special hygiene direction,
may appeal to a magistrates' court.
.
14
The following paragraphs shall be substituted for paragraph (3) of regulation 7 —
3
Where on an appeal under paragraph (1) above a magistrates' court determines that —
a
the grant of an approval should not have been refused;
b
conditions have unreasonably been attached to an approval;
c
an approval should not have been suspended;
d
an approval should not have been revoked; or
e
a special hygiene direction should not have been given,
the approval authority shall give effect to the determination of the court concerned.
4
Where the approval authority has revoked the approval of any premises under regulation 6, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the approval authority for the protection of public health, unless —
a
the time for appealing against the approval authority’s decision pursuant to paragraph (1) above has expired without an appeal having been lodged; and
b
(where an appeal under that paragraph has been lodged) the appeal has been finally disposed of or abandoned.
5
Nothing in paragraph (4) above shall permit premises to be used if —
a
a prohibition order, emergency prohibition notice, emergency prohibition order or emergency control order has been imposed on the premises pursuant to section 11, 12 or 13 of the Act; or
b
the approval authority has suspended the approval of the premises pursuant to regulation 6A.
.
15
The following regulation shall be inserted into Part II, after regulation 7 —
Provision of information by current occupiers of approved premises
7A
Every person who is the occupier of approved premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 shall notify the approval authority of —
a
his identity and principal business address;
b
the identity and principal business address of each of his managers and (if applicable) directors and controllers; and
c
the address of those approved premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.
.
16
The following paragraphs shall be inserted at the end of regulation 19 (supervision and enforcement) —
4
On an inspection of any meat product in combined premises an authorised officer of the Minister may certify that the meat product concerned has not been handled, stored or transported in accordance with these Regulations.
5
On an inspection of any meat product at any place other than combined premises the food authority within whose area that place is situated may certify that the meat product concerned has not been handled, stored or transported in accordance with these Regulations.
6
Where any meat product is certified as mentioned in paragraph (4) or (5) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
.
17
The following regulation shall be inserted between regulation 19 and regulation 20 (offences and penalties) —
Powers of authorised officers
19A
1
Where it appears to an authorised officer of the enforcement authority that in respect of any approved premises —
a
any of the requirements of these Regulations is being breached; or
b
adequate health inspection in accordance with these Regulations is being hampered,
he may, by notice in writing given to the occupier of the premises concerned —
c
prohibit the use of any equipment or any part of the premises specified in the notice;
d
impose conditions upon or prohibit the carrying out of any process; or
e
require the rate of operation to be reduced to such extent as is specified in the notice, or to be stopped completely.
2
A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
3
If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.
4
Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as an authorised officer of the enforcement authority is satisfied that such action has been taken.
5
The issue of a notice pursuant to paragraph (1) above in respect of approved premises shall be treated for the purposes of these Regulations as the attachment of conditions to the approval for those premises.
.
18
The following entry shall be inserted in the appropriate numerical position in the list of provisions of the Food Safety Act 1990 contained in regulation 21 (application of various sections of that Act) —
section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
.
Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
5
1
Insofar as they extend to England, the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions —
“associate”, in relation to a person entitled to exercise or control the exercise of voting power in relation to a body corporate, means —
if the person so entitled is a natural person —
his husband, wife, son or daughter (including a stepson or step-daughter),
any body corporate of which he is a director,
any person who is his employee or partner;
if the person so entitled is a body corporate —
any of its directors,
any body corporate which is a subsidiary of it,
any employee or director of any such subsidiary,
(if it is itself a subsidiary) any other subsidiary of the holding company they have in common,
any employee or director of any such subsidiary; and
(whether the person so entitled is a natural person or a body corporate) if that person has with any other person an agreement or arrangement —
with respect to the acquisition, holding or disposal of shares or other interests in the body corporate first-mentioned in this definition, or
under which both the parties to the agreement or arrangement undertake to act in exercising their voting power in relation to the said body corporate,
that other person;
;
“controller”, in relation to the occupier of any approved premises which is a body corporate, means a person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who, either alone or with any associate, is entitled to exercise, or control the exercise of, at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person;
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
;
“manager” means a person who exercises managerial functions in relation to approved premises;
;
“the Minister” means “the Minister of Agriculture, Fisheries and Food”;
;
“subsidiary” and “holding company” mean respectively a “subsidiary” and a “holding company” within the meaning of section 736(1) of the Companies Act 1985;
.
3
In paragraph (a) of the definition of “combined premises” in paragraph (1) of regulation 2 there shall be inserted before “any” where it appears second the phrase “or fall within the same curtilage as”.
4
In regulation 3 (exemptions) the phrase “Subject to regulation 3A,” shall be inserted at the beginning.
5
The following regulation shall be inserted into Part I immediately after regulation 3 —
Obligations on persons engaged in otherwise exempt activities
3A
1
No person engaged in any activity giving rise to an exemption pursuant to regulation 3 shall —
a
sell, offer for sale or expose for sale; or
b
possess for the purpose of or preparation for sale,
any minced meat or meat preparations unless —
c
each operation in relation to the meat used as the raw material for that minced meat and those meat preparations required to have been carried out in compliance with the Hygiene Regulations or as the case may be the Products of Animal Origin (Import and Export) Regulations 1996 has been so carried out; and
d
each operation in relation to that minced meat and those meat preparations required to have been carried out in compliance with these Regulations has been so carried out.
2
Notwithstanding regulation 3, regulations 2, 10, 12, 13 and 14 shall apply in relation to the prohibitions imposed by paragraph (1) above.
.
6
The following paragaph shall be inserted between paragraphs (4) and (5) of regulation 4 (approval of premises) —
4A
Each application for an approval under this regulation shall include the name and principal business address of each person who is a manager and (if applicable) director or controller of the applicant.
.
7
The following regulation shall be inserted between regulation 4 and regulation 5 (revocation of approvals) —
Change of directors, managers and controllers of occupiers of approved premises and change of occupier of such premises
4A
1
The occupier of approved premises shall notify the approval authority of any change in the identity or principal business address of his directors, managers or controller as soon as is reasonably practicable after that change occurs, and in any event within one month of that change.
2
No occupier of approved premises shall transfer possession of or allow another person to occupy those premises for the purposes of carrying on any activity permitted by the approval unless he notifies the approval authority of that person’s name and principal business address at least 21 days before the transfer or occupation concerned.
3
Any person who intends to occupy approved premises (whether alone or jointly) for the purposes of carrying on any business for which those premises are approved shall notify the approval authority at least 21 days before he occupies them of his intention to do so, and of his name and principal business address.
4
Where the occupier (being a natural person) dies, paragraph (3) above shall not apply to occupation of those premises by the deceased’s personal representatives or by any member of his family, but the successor shall notify the approval authority of his name and principal business address within one month of the death.
5
Any notification made pursuant to paragraph (2), (3) or (4) above shall record the identity and principal business address of each manager and (if applicable) director and controller of the new occupier.
.
8
In paragraph (1) of regulation 5, the phrase “to paragraph (3) below and” shall be revoked.
9
Paragraph (3) of regulation 5 shall be revoked.
10
The following sub-paragraph shall be inserted between sub-paragraphs (a) and (b) of regulation 5(1) —
aA
any condition attached to the approval has not been complied with;
.
11
The following regulation shall be inserted between regulation 5 and regulation 6 (right of appeal) —
Suspension of approvals
5A
1
The approval authority may suspend an approval granted in respect of any premises where —
a
it appears to it that —
i
any requirement of these Regulations in relation to the premises is being breached, or
ii
adequate health inspection in accordance with these Regulations is being hampered there; or
b
a notice has been served in respect of those premises pursuant to regulation 12A(1), and —
i
the approval authority is not satisfied that the action specified in the notice has been taken within the time specified in it, and
ii
as a result of the failure to take the action specified in the notice, any requirement of these Regulations is still being breached, or adequate health inspection is still being hampered, there.
2
Where the approval authority intends to suspend an approval pursuant to paragraph (1) above, it shall give notice in writing to the occupier of the premises concerned, informing him of —
a
its decision to suspend the approval;
b
the date on which it intends the suspension to take effect (which may be the date on which the notice is issued);
c
the matters which must be remedied in order for the suspension to be lifted;
d
the occupier’s right to appeal under regulation 6, and of the time within which any such appeal must be made.
3
When an approval is suspended pursuant to paragraph (1) above, the premises in respect of which that approval was granted shall be treated for the purposes of these Regulations as if they were not approved premises.
4
The approval authority shall lift the suspension of any approval where, first, it is satisfied that the matters specified in the notice referred to in paragraph (2) above have been remedied or, second, where a magistrates' court has determined under regulation 6(3) that the approval should not have been suspended; and the approval authority may lift the suspension of any approval in any other case.
5
Where the approval authority lifts a suspension pursuant to paragraph (4) above, it shall do so by notice specifying the date on which it is lifted.
.
12
The following paragraph shall be substituted for paragraph (1) of regulation 6 —
1
Any person who is aggrieved by —
a
the refusal of an approval authority to approve any premises;
b
the decision by an approval authority to grant an approval subject to conditions or to attach conditions to an existing approval;
c
the decision by an approval authority to suspend an approval; or
d
the decision by an approval authority to revoke an approval,
may appeal to a magistrates' court.
13
The following paragraphs shall be substituted for paragraph (3) of regulation 6 —
3
Where on an appeal under paragraph (1) above a magistrates' court determines that —
a
the grant of an approval should not have been refused;
b
conditions have unreasonably been attached to an approval;
c
an approval should not have been suspended; or
d
an approval should not have been revoked,
the approval authority shall give effect to the determination of the court concerned.
4
Where the approval authority has revoked the approval of any premises under regulation 5, a person who, immediately before such revocation, had been using those premises may continue to use them, subject to any reasonable conditions imposed by the approval authority for the protection of public health, unless —
a
the time for appealing against the approval authority’s decision pursuant to paragraph (1) above has expired without an appeal having been lodged; and
b
(where an appeal under that paragraph has been lodged) the appeal has been finally disposed of or abandoned.
5
Nothing in paragraph (4) above shall permit premises to be used if —
a
a prohibition order, emergency prohibition notice, emergency prohibition order or emergency control order has been imposed on the premises pursuant to section 11, 12 or 13 of the Act; or
b
the approval authority has suspended the approval of the premises pursuant to regulation 5A.
.
14
The following regulation shall be inserted into Part II, after regulation 6 —
Provision of information by current occupiers of approved premises
6A
Every person who is the occupier of approved premises on the date of coming into force of the Meat (Enhanced Enforcement Powers) (England) Regulations 2000 shall notify the approval authority of —
a
his identity and principal business address;
b
the identity and principal business address of each of his managers and (if applicable) directors and controllers; and
c
the address of those approved premises (where different from the address required to be notified under sub-paragraph (a) above),
within 3 months of the said date of coming into force.
.
15
The following paragraphs shall be inserted at the end of regulation 12 (supervision and enforcement) —
8
On an inspection of any minced meat or meat preparation in combined premises an authorised officer of the Minister may certify that the minced meat or meat preparation concerned has not been produced, stored or transported in accordance with these Regulations.
9
On an inspection of any minced meat or meat preparation at any place other than combined premises an authorised officer of the food authority within whose area that place is situated may certify that the minced meat or meat preparation concerned has not been produced, stored or transported in accordance with these Regulations.
10
Where any minced meat or meat preparation is certified as mentioned in paragraph (8) or (9) above it shall be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements.
.
16
The following regulation shall be inserted between regulation 12 and regulation 13 (offences and penalties) —
Powers of authorised officers
12A
1
Where it appears to an authorised officer of the enforcement authority that in respect of any approved premises —
a
any of the requirements of these Regulations is being breached; or
b
adequate health inspection in accordance with these Regulations is being hampered,
he may, by notice in writing given to the occupier of the premises concerned —
c
prohibit the use of any equipment or any part of the premises specified in the notice;
d
impose conditions upon or prohibit the carrying on of any process; or
e
require the rate of operation to be reduced to such an extent as is specified in the notice, or be stopped completely.
2
A notice given under paragraph (1) above shall be given as soon as practicable and shall state why it is given.
3
If it is given under paragraph (1)(a) above, it shall specify the breach and the action needed to remedy it.
4
Such a notice shall be withdrawn by a further notice in writing given to the occupier of the premises as soon as the authorised officer in question is satisfied that the remedial action specified in it has been taken.
5
The issue of a notice pursuant to paragraph (1) above in respect of approved premises shall be treated for the purposes of these Regulations as the attachment of conditions to the approval for those premises.
.
Amendments to the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992
6
1
Insofar as they extend to England, the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (application) —
a
the phrase “, the suspension of a licence of any premises” shall be inserted before “or” where it first occurs;
b
in paragraph (a) the phrase “regulation 4, 5 or 5A” shall be substituted for the phrase “regulation 4 or 5, as the case may be,”; and
c
in paragraph (b) the phrase “regulation 4, 5 or 5A” shall be substituted for the phrase “regulation 4 or 5, as the case may be,”.
3
In regulation 3 (reference to the Tribunal) the phrase “or against the suspension of a licence,” shall be inserted before “or” where it occurs second.
Amendments to the Products of Animal Origin (Import and Export) Regulations 1996
7
Insofar as the Products of Animal Origin (Import and Export) Regulations 1996 extend to England, Schedule 2 thereto shall be amended by the insertion of the following reference at the end of paragraphs 5, 6, 7 and 11 — “the Meat (Enhanced Enforcement Powers) (England) Regulations 2000”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd January 2000
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
3rd February 2000


text:
Citation, commencement and construction
1
1
This Order may be cited as the Aviation Security and Piracy (Overseas Territories) Order 2000 and shall come into force on 6th December 2000.
2
For the purpose of construing the provisions of the Acts extended by this Order as part of the law of any Territory, “the Territory” means that Territory.
Territories to which the Order applies
2
This Order applies to the Territories specified in Schedule 1 to this Order.
Extension of aviation security legislation
3
1
The following parts of the Aviation Security Act 1982, as amended by the Extradition Act 1989 and by the Aviation and Maritime Security Act 1990, as set out with modifications and adaptations in Schedules 2 and 3 to this Order, shall extend to the Territories to which this Order applies, namely Part I, Part II, sections 37 and 38 of, and Schedule 1 to, the Act of 1982.
2
Sections 1 and 50 of the Aviation and Maritime Security Act 1990, as set out with modifications and adaptations in Schedule 4 to this Order, shall extend to the Territories to which this Order applies.
Piracy
4
The provisions of section 26 of the Merchant Shipping and Maritime Security Act 1997 and Schedule 5 to that Act (which are set out with modifications and adaptations in Schedule 5 to this Order) shall apply to proceedings before a court exercising jurisdiction in respect of piracy.
Disapplication and revocation of Orders
5
1
On the coming into force of this Order, the following Orders shall cease to apply to the Territories to which this Order applies:
The Hijacking Act 1971 (Overseas Territories) Order 1971 ;
The Protection of Aircraft Act 1973 (Overseas Territories) Order 1973 ; and
The Hijacking Act 1971 (Overseas Territories) (Amendment) Order 1973 ;
2
The Aviation Security (Anguilla) Order 1987 is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the GLA Roads (Supplementary Provisions) Order 2000 and shall come into force on 5th May 2000.
2
In this Order “the 1980 Act ” means the Highways Act 1980 .
Section 14A of the Highways Act 1980 to have effect as if certain roads were highways
2
1
Section 14A of the 1980 Act shall have effect in relation to a road to which paragraph (2) applies as if such a road were a highway.
2
This paragraph applies to a road in Greater London which —
a
is a road to which the public has access;
b
is not a highway; and
c
was constructed by an urban development corporation.
3
If a road to which paragraph (2) applies is designated as a GLA road pursuant to an order under subsection 14A(1) of the 1980 Act, that road shall, upon its becoming a GLA road in accordance with section 14A(2), become a highway maintainable at the public expense.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th April 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2000 and shall come into force for the purposes of regulations 2 and 3 on 1st August 2000 and for all other purposes on 1st October 2000.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of Schedule 7B (emissions from certain motor vehicles)
3
In Schedule 7B, in paragraph 7 for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In-Service Exhaust Emission Standards for Road Vehicles — Sixth Edition” ( ISBN 0-9526457-5-0) published by the Department of the Environment, Transport and the Regions.
4
1
In Schedule 7B, in paragraph 8, for the words “with free acceleration” there shall be substituted the words “when tested in accordance with point 8.2.2. of Annex II of Council Directive 96/96/ EC as replaced by Article 1 of Commission Directive 1999/52/EC ” .
2
In Schedule 7B, in paragraph 9, in sub-paragraph (a) the word “; and” and sub-paragraph (b) shall be deleted.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
26th May 2000