text:
Title and commencement
1
This Order may be cited as the Angus and City of Dundee Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Angus and City of Dundee Tourist Board Scheme 1995;
“ the Board ” means the Angus and City of Dundee Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government areas of Angus and City of Dundee.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Companies (Forms) (No. 2) Regulations 1995 and shall come into force on 1st July 1995.
2
Forms 652a and 652c in the Schedule to these Regulations, with such variations as circumstances require, are forms prescribed for the purposes of sections 652A(2) and 652D(6) of the Companies Act 1985.
Wendy E. M. Alexander,
A Grade 5 Officer in the
Department of Trade and Industry
31st May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) Amendment Order 1995 and shall come into force on 2nd January 1996 immediately after the Housing Benefit Order 1995 comes into force.
2
In this Order —
“the Housing Benefit Order 1995”means the Housing Benefit (Permitted Totals) Order 1995 .
Amendment of the Housing Benefit Order 1995
2
Paragraph (3) of article 4 of the Housing Benefit Order 1995 shall be amended by substituting for the words “paragraph (2)”the words “sub-paragraph (2)(a)”.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
5th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1995 and, subject to paragraph (2) below, shall come into force on 1st August 1995.
2
The provisions of this Order in so far as they relate to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils in the first year of that key stage; and
b
on 1st August 1997 in respect of all other pupils in that key stage.
3
In this Order —
“the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Science in the National Curriculum” ; and
references to the first, second, third and fourth key stages shall be construed in accordance with section 3(3) to (6) of the Education Reform Act 1988 .
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991 shall cease to apply —
a
on 1st August 1995 in respect of pupils in the first, second and third key stages;
b
on 1st August 1996 in respect of pupils in the first year of the fourth key stage; and
shall be revoked on 1st August 1997.
Specification of attainment targets and programmes of study
3
1
Subject to paragraph (2) below, it is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to science.
2
No programme of study set out in the Document shall be taken to include —
a
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,
b
any other sexually transmitted disease, or
c
aspects of human sexual behaviour, other than biological aspects.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995
John Redwood
Secretary of State for Wales
12th January 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Teachers) (Amendment) (No. 2) Regulations 1995 and shall come into force on 1st November 1995.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993 .
Amendment of the principal Regulations
2
1
Regulation 10 of the principal Regulations (barring by the Secretary of State) shall be amended as follows.
2
In paragraph (2) there shall be inserted after the word “aforesaid” the words “and subject to paragraphs (9) and (10)”.
3
For paragraph (4) there shall be substituted the following —
4
Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds or, under paragraph (11), withdrawing or varying any direction given on medical grounds under paragraph (2) —
a
he shall afford the person concerned an opportunity to submit medical evidence and make representations to him;
b
he shall consider such evidence and representations and any other medical evidence available to him, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;
c
he may require the person concerned to submit himself for examination by a duly qualified medical practitioner appointed by the Secretary of State and, if without good cause the person concerned fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, the Secretary of State may reach a conclusion in the matter on such evidence and information as is available to him, notwithstanding that further medical evidence may be desirable.
4A
At any time before such medical examination as is referred to in paragraph (4)(c), the Secretary of State, or the person concerned, may submit to the duly qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
.
4
For paragraph (6) there shall be substituted the following —
6
Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person’s misconduct, or, under paragraph (11), withdrawing or varying any direction given on grounds of a person’s misconduct, whether under paragraph (2) or paragraph (10), he may require the person concerned to submit himself for examination by a duly qualified medical practitioner appointed by the Secretary of State and, if without good cause the person concerned fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, the Secretary of State may reach a conclusion in the matter on such evidence and information as is available to him, notwithstanding that further medical evidence may be desirable.
7
At any time before such medical examination as is referred to in paragraph (6), the Secretary of State, or the person concerned, may submit to the duly qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
8
Where, pursuant to paragraph (6), the Secretary of State requires the person concerned to submit himself for such an examination, the Secretary of State shall, without prejudice to his duties under paragraph (5), afford that person the opportunity to submit medical evidence and make representations to him; and the Secretary of State shall consider such evidence and representations and any other medical evidence available to him, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it.
9
Paragraph (10) applies in the case of a person who is, has been, or seeks to be employed in relevant employment and who, on or after 1st November 1995, has pleaded guilty to or been found guilty of an offence set out in Schedule 4 to these Regulations against or involving a child under the age of sixteen or, who has pleaded guilty to or been found guilty of an attempt to commit any such offence, by or before a court in the United Kingdom.
10
The Secretary of State, where this paragraph applies, on receipt of a certificate of conviction in respect of any such offence referred to in paragraph (9) committed by the person concerned, shall —
a
in the case where that person is in relevant employment, direct his employers to terminate his employment and direct that he be not subsequently appointed to or employed in relevant employment;
b
in the case where that person is not in relevant employment, direct that he be not subsequently appointed to or employed in relevant employment.
11
A direction given under this regulation (“the earlier direction”) may be withdrawn or varied by a subsequent direction by reason of either or both of the following —
a
information which the Secretary of State did not have at the time that the earlier direction was given; or
b
evidence before the Secretary of State of a material change in the circumstances of the person concerned occurring since the earlier direction was given,
but, subject as aforesaid, the employers of persons in relevant employment shall comply with any direction prohibiting or restricting a person’s employment or further employment.
12
Where under paragraph (11) the Secretary of State varies a direction given under paragraph (10) he may, subject to such qualifications (if any) as he may specify, direct that the person concerned be only appointed to or employed in relevant employment subject to specified conditions.
13
For the purposes of paragraph (10), “certificate of conviction” shall have the meaning given to it by section 73(2) of the Police and Criminal Evidence Act 1984 .
3
After Schedule 3 to the principal Regulations there shall be inserted the Schedule set out in the Schedule to these Regulations.


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Interest Relief) (Housing Associations) (Amendment) Regulations 1995, shall come into force on 24th May 1995 and shall have effect with respect to any payment of interest made on or after that date by a housing association on a loan falling within regulation 3 of the principal Regulations .
Interpretation
2
In these Regulations “the principal Regulations” means the Income Tax (Interest Relief) (Housing Associations) Regulations 1988 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 3 for the words from “any loan” to the end there shall be substituted the words “the loan, the housing association were an individual who is a qualifying borrower within section 376(1).”.
4
For regulation 4 there shall be substituted the following regulation —
4
Section 369 shall have effect as if for subsection (1) there were substituted the following subsection —
1
If a housing association makes a payment of relevant loan interest to which this section applies, it shall be entitled, on making the payment, to deduct and retain out of it a sum equal to the applicable percentage thereof; and accordingly sections 337(3) (companies beginning or ceasing to carry on a trade), 338 (allowance of charges on income and capital) and 486(2) and (3) (interest paid by registered industrial and provident societies) shall not apply to that payment of relevant loan interest.
.
.
5
For regulation 5 there shall be substituted the following regulations —
5
Section 370 shall have effect with the modifications specified in regulations 5A to 5D.
5A
For subsections (1) and (2) of section 370 there shall be substituted the following subsections —
1
Subject to this section, to sections 372 to 376 and to section 44(6) of the Finance Act 1988, in this Part “relevant loan interest” means interest which is paid and payable in the United Kingdom to a qualifying lender by a housing association and to which subsection (2) or (3) below applies.
2
This subsection applies to interest if, disregarding section 353(2) and any other provision applying to interest falling to be treated as relevant loan interest —
a
it is interest which would be eligible for relief under section 353 by virtue of section 354 if —
i
the housing association were an individual who uses the land in question as his only or main residence, and
ii
in a case falling within section 354(1)(c), the other loan there referred to, in so far as it was raised by the housing association, were a loan raised by such an individual; and
b
apart (where applicable) from section 356A the whole of the interest would be eligible for relief for the year in question; and
c
it is interest on a loan to a housing association which is secured on a freehold or leasehold estate of land in the United Kingdom of which the housing association is the owner; and
d
within the period of 12 months following the date on which the interest becomes due, the land (and where it includes separate dwellings each of them) —
i
is occupied by the housing association, or
ii
is wholly or to a substantial extent used in qualifying circumstances as the only or main residence of any qualifying member of the housing association or of a dependent relative or former or separated spouse of a qualifying member.
2A
For the purposes of subsection (2)(d) above, the circumstances in which any land or dwelling is used are qualifying circumstances in relation to any interest where they are such (including where the qualifying member resides in accommodation which for him is job-related) that (apart from any modification of this section in relation to housing associations) the interest would be relevant loan interest if —
a
it were paid by the qualifying member who uses the land or dwelling as a residence or whose dependent relative or former or separated spouse so uses the land or dwelling; and
b
the requirements of section 354 were satisfied in relation to payments made by that member.
2B
In subsections (2) and (2A) above —
a
“dependent relative” and “separated” have the meanings given for the purposes of sections 354 to 366 by section 367(1);
b
“job-related”, in relation to any accommodation, shall be construed in accordance with section 356(3).
5B
In subsection (3)(b) of section 370 for the words “is fulfilled” there shall be substituted the words “would be fulfilled if the payment were made by a qualifying member of the housing association who is using the dwelling as his only or main residence, and not by the housing association.”.
5C
Subsections (4), (6) and (6A) of section 370 shall be omitted.
5D
In subsection (7) of section 370 for the words “is for the time being fulfilled” there shall be substituted the words “would, if the payment were made as mentioned in that subsection, for the time being be fulfilled”.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1995 and shall come into force on 24th April 1995.
Transitional provisions
2
These Regulations shall apply for the purposes of work done on or after 24th April 1995 to which the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 apply.
Amendments to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989
3
The Schedule to these Regulations shall be substituted for the Schedule to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989.
Mackay of Clashfern, C.
Dated 29th March 1995
We consent
Timothy Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 30th March 1995


text:
Citation and commencement
1
This Order may be cited as the Rent Officers (Additional Functions) Order 1995 and shall come into force on.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“assured tenancy” has the same meaning as in Part I of the Housing Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 2 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;
“child” means a person under the age of 16;
“determination” means a determination made in accordance with Part 1 or Part 4 of Schedule 1 to this Order;
“dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
“hostel” has the same meaning as in regulation 12A of the Housing Benefit (General) Regulations 1987 ;
“local authority” has the same meaning as in the Social Security Administration Act 1992 in relation to England and in relation to Wales;
“occupier” means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling;
“relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends;
“rent” means any of the periodical payments referred to in regulation 10(1) of the Housing Benefit (General) Regulations 1987 ;
“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;
“tenancy” includes —
a licence; and
a prospective tenancy or licence; and
references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987.
2
In this Order any reference to a notice or application is to a notice or application in writing, except in a case where the recipient consents (whether generally or specifically) to the notice or application being transmitted by electronic means.
Determinations
3
1
Subject to sub-paragraph (2) and article 5, where a local authority, in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992, applies to a rent officer for determinations in respect of a tenancy of a dwelling, a rent officer shall —
a
make the determinations in accordance with Part 1 of Schedule 1 (determinations);
b
comply with Part 2 of Schedule 1 when making the determinations (assumptions etc. ); and
c
give notice in accordance with Part 3 of Schedule 1 (notifications).
2
If a rent officer needs further information in order to make a determination under paragraph (1) shall not apply to the making of that determination.
3
A rent officer for each registration area (within the meaning of section 63 of th Rent Act 1977 ), on the first working day of each month, shall —
a
make determinations in accordance with Part 4 of Schedule 1 (indicative rent levels) in relation to the area of each local authority within the registration area;
b
comply with paragraph 7(2) of Part 2 of Schedule 1 (assumptions etc.) when making the determinations; and
c
give to the local authority notice of the determinations relating to its area when they have been made.
Redeterminations
4
Subject to article 5, if the local authority applies to a rent officer for a redetermination, a rent officer shall make the redetermination and give notice in accordance with Schedule 3 and a rent officer whose advice is sought as provided for in that Schedule shall give that advice.
Exceptions
5
1
No determination or redetermination shall be made if the application for it is withdrawn.
2
No determination shall be made under paragraph 3 or 4 of Schedule 1 if the tenancy is of residential accommodation, within the meaning of regulation 7(3) of the 1987 Regula tions , or in a hostel.
Special cases
6
1
This Order shall apply as specified in Schedule 4 in relation to —
a
mooring charges payable for a houseboat;
b
payments in respect of the site on which a caravan or a mobile home stands; or
c
payments under a rental purchase agreement.
2
Terms used in paragraph (1) have the same meaning in this article and in Schedule 4 as they have in regulation 10(1) of the 1987 Regulations .
Revocations
7
Subject to article 8, the Rent Officers (Additional Functions) Order 1990 , the Rent Officers (Additional Functions) (Amendment) Order 1991 , the Rent Officers (Additional Functions) (Amendment) Order 1993 , the Rent Officers (Additional Functions) Order 1994 and the Rent Officers (Additional Functions) (Amendment No. 2) Order 1994 are hereby revoked.
Application
8
This Order does not have effect in a case where an application for a determination is made before the date this Order comes into force.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
28th June 1995


text:
1
The Wolverhampton Borough Council (Wednesfield Way) (Bridge over the Wyrley and Essington Canal) Scheme 1994 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the office of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Director of Law, Environmental Protection and Central Services, Wolverhampton Borough Council, Second Floor, Civic Centre, St Peter’s Square, Wolverhampton.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Wolverhampton Borough Council (Wednesfield Way) (Bridge over the Wyrley and Essington Canal) Scheme 1994 Confirmation Instrumenmt 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
22nd May 1995


text:
Citation and commencement
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Allerdale Borough Council, St Edmundsbury Borough Council and Uttlesford District Council) Order 1995.
2
Article 4 of this Order shall come into force on 1st January 1996; the remainder of the Order shall come into force on 2nd August 1995.
Exemption of defined activities carried out by Allerdale Borough Council
2
1
The activities mentioned in paragraph (2) below shall not be treated as defined activities so long as they are carried out by the Allerdale Borough Council (“the council”) within any of the relevant parishes before 1st April 1996.
2
The activities are —
a
the cleaning of —
i
shelters,
ii
bandstands, or
iii
buildings situated in a cemetery;
b
the removal of litter from, and the emptying of litter bins on, ground maintained by the council; or
c
the maintenance of ground.
3
In this regulation, “the relevant parishes” means the parishes of Allhallows, Allonby, Aspatria, Blennerhasset and Torpenhow, Boltons, Bowness, Bromfield, Dundraw, Gilcrux, Hayton and Mealo, Holme Abbey, Holme East Waver, Holme Low, Holme St Cuthbert, Kirkbampton, Kirkbride, Oughterside and Allerby, Plumbland, Sebergham, Silloth, Thursby, Waverton, Westnewton, Westward and Wigton.
Exemption of ground maintenance work carried out by St Edmundsbury Borough Council
3
1
The maintenance of ground by the St Edmundsbury Borough Council shall not be treated as a defined activity so long as it is carried out —
a
within the areas described in paragraph (2) below, and to the extent it consists of the work specified in that paragraph, or
b
at any of the sites listed in paragraph (3) below,
before 1st January 1996.
2
The areas referred to in paragraph (1)(a) above are the areas of the parishes of Bardwell, Barnham, Barningham, Barrow, Bradfield St George, Brockley Green, Chedburgh, Chevington, Coney Weston, Culford, Denham, Denston, Depden, Fakenham, Flempton, Fornham All Saints, Fornham St Martin, Fornham St Genevieve, Great Barton, Great Livermere, Great Whelnetham, Hargrave, Haverhill, Hawkedon, Hawstead, Hengrave, Hepworth, Honington, Hopton, Horringer, Ingham, Ixworth, Lackford, Lidgate, Market Weston, Nowton, Ousden, Pakenham, Rede, Risby, Rougham, Sapiston, Stanningfield, Stanton, Troston, Westley, West Stow, Whepstead and Wickhambrook, and the work specified in that sub-paragraph is the cutting and tending of grass.
3
The sites referred to in paragraph (1)(b) above are —
a
the Mildenhall, Howard, Westley and Priors housing estates in Bury St Edmunds;
b
the Sports and Leisure Centre, Beetons Way, Bury St Edmunds;
c
St Edmundsbury House, Western Way, Bury St Edmunds;
d
the Great Churchyard, Bury St Edmunds;
e
the Cemetery, Kings Road, Bury St Edmunds;
f
the Haverhill Cemetery, Withersfield Road, Haverhill;
g
the Haverhill Sports Centre, Ehringhausen Way, Haverhill;
h
public open space at the south end of St Margaret’s Place, Stradishall; and
i
public open space at the rear of houses on the north-west side of March Place, Clare Heights, Clare.
Exemption of vehicle repair and maintenance work by the Uttlesford District Council
4
1
The repair and maintenance of vehicles by the Uttlesford District Council shall not be treated as a defined activity so long as it is carried out in respect of a relevant vehicle before 1st August 1996.
2
In this article “relevant vehicle” means a vehicle used by the District Council in connection with any of their functions.
Amendment
5
In article 2(1) of the Local Government Act 1988 (Defined Activities) (Exemption) (Sports and Leisure Management, Catering and Maintenance of Ground) Order 1995 (exemption of sports and leisure management) for the word “authority” there shall be substituted the word “activity”.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
5th July 1995


text:
1
These Regulations may be cited as the Value Added Tax (Trading Stamps) Regulations 1995 and shall come into force on 1st June 1996.
2
Part X (Trading Stamps) (Regulations 76 to 80) of the Value Added Tax Regulations 1995 is hereby revoked.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
28th November 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Rural Development Grants (Agriculture) (No.2) Regulations 1995, shall extend to England and shall come into force on 14th September 1995.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“approved operation” means an operation which the Minister has approved in writing for the receipt of financial assistance, and “approve” and “approval” shall be construed accordingly;
“authorised person” means a person authorised by the Minister for the purpose of these Regulations, and includes any duly appointed official of the Commission who accompanies such an authorised person;
“beneficiary” means a person who has applied for and has been granted approval for an operation;
“the Commission” means the Commission of the European Communities;
“Community assistance” means assistance from the Guidance Section of the European Agricultural Guidance and Guarantee Fund, granted pursuant to the Community legislation;
“the Community legislation” means the instruments listed in the Schedule;
“the Council Regulation” means the Council Regulation ( EEC ) No. 4253/88 of 19th December 1988 , laying down provisions for implementing Regulation (EEC) No. 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operation of the European Investment Bank and the other existing financial instruments, as amended by Council Regulation (EEC) No. 2082/93 of 20th July 1993 ;
“financial assistance” means an amount paid or payable under these Regulations;
“LIBOR”, in relation to any particular day of any month, means the rate of interest per centum per annum notified to the Minister by the Bank of England on the first working day of that month, rounded if necessary to two decimal places;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“sub-programme” means a sub-programme set out in a Single Programming Document approved by one of the Commission Decisions appearing in the Schedule.
2
In these Regulations —
a
any reference to a numbered regulation or to “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or to the Schedule to these Regulations respectively;
b
any reference in a regulation to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation.
Assistance for rural development
3
The Minister may pay financial assistance to a beneficiary towards expenditure incurred in connection with an approved operation.
Applications
4
An application for the approval of an operation shall be made in such form and shall contain such information as the Minister reasonably may require.
Approval of operations
5
1
The Minister may, provided that he is satisfied that an operation to which the application relates falls within a sub-programme and is eligible for Community assistance, approve the operation for the receipt of financial assistance, and any such approval may be given subject to such conditions as the Minister reasonably may determine.
2
The Minister may, with the written consent of the beneficiary, vary any condition attached to the approval of an operation pursuant to paragraph (1).
Payment
6
The Minister may make payments of financial assistance at such a time, or by such instalments at such intervals or times as he thinks fit, and may make the payment of financial assistance subject to such conditions relating to payment as he reasonably may determine.
Claims
7
Any claim for payment of financial assistance shall be made at such time and in such form and be accompanied by such information as the Minister reasonably may require.
Information
8
1
A beneficiary shall supply to the Minister such information about an approved operation as the Minister reasonably may require.
2
Where the Minister requires information under paragraph (1), the beneficiary shall supply that information within such period as the Minister reasonably may determine.
Entry and inspection
9
1
An authorised person, at all reasonable times and on production of his authority on demand, may enter upon any land to which an approved operation relates or on which documents relating to an approved operation are retained, other than land which is used solely for the purposes of a dwelling, for the purpose of —
a
verifying the accuracy of any information contained in an application under regulation 4 or a claim under regulation 7, or any other information provided by the beneficiary relating to the operation;
b
ascertaining whether any financial assistance is payable or recoverable or the amount of such financial assistance that is payable or recoverable;
c
ascertaining whether an offence under these Regulations has been or is being committed.
2
An authorised person who has entered any land by virtue of this regulation may inspect the land and any document, record or equipment thereon which that person reasonably believes relates to the operation.
3
An authorised person who has entered any land by virtue of this regulation may —
a
require the beneficiary, or any employee, servant or agent of the beneficiary, to produce any document or supply any additional information in that person’s possession or under his control relating to the operation;
b
where any document or record relating to the operation is kept by means of computer, have access to and inspect any computer and any associated apparatus or material which is or has been used in connection with that document or record;
c
require that copies of, or extracts from any document or record relating to the operation be produced;
d
remove and retain for a reasonable period any document or record relating to the operation which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
4
A beneficiary or any employee, servant or agent of a beneficiary shall render all reasonable assistance to an authorised person in relation to the matters mentioned in paragraphs (1), (2) and (3).
5
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary and paragraphs (2), (3) and (4) shall apply to such persons, when acting under the instructions of an authorised person, as if they were an authorised person.
6
An authorised person shall not be liable in any proceedings for anything done in purported exercise of the powers conferred on him by virtue of this regulation if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
7
In this regulation, unless the context otherwise requires, “the operation” means the approved operation in relation to which entry onto land has been sought pursuant to paragraph (1).
Record keeping
10
1
Save as provided in paragraphs (2) and (3), a beneficiary shall retain any invoice, account or other document relating to an approved operation until the end of six years after the last payment of financial assistance made to him pursuant to regulation 3 in relation to that approved operation.
2
Paragraph (1) shall not apply where an authorised person has removed any document pursuant to regulation 9(3)(d).
3
Where, in the normal course of business, a beneficiary transfers the original of any document referred to in paragraph (1) to another person, he shall retain a copy of that document until the end of the period specified in paragraph (1).
Recovery of grant
11
1
Where the Minister is satisfied, as regards an approved operation, that —
a
any condition referred to in regulation 5 or 6 above has not been satisfied;
b
any information provided pursuant to regulations 4, 7, 8 or 9(3)(a) is false or misleading in a material respect;
c
the beneficiary has failed, within the required period, to supply any information requested by the Minister pursuant to regulation 8 above;
d
the beneficiary has failed to comply with the requirements of regulation 9(4) or regulation 10 above;
e
there is a material change in the nature, scale, costs or timing of the operation;
f
the operation has not been or is not being properly carried out; or
g
the operation has been or is being unreasonably delayed or is unlikely to be completed;
the Minister may revoke the approval of that operation and, where any payment of financial assistance has been made, may recover on demand an amount equal to the whole or any part of such payment.
2
Where the Commission has decided, pursuant to Article 24.3 of the Council Regulation, to reduce or suspend assistance, the Minister may exercise the powers of revocation and recovery referred to in paragraph (1).
3
Where the Minister decides, pursuant to this regulation, to recover any amount then the Minister may also recover, on demand, interest on that amount at the rate of 1 percentage point above LIBOR for the period from the day on which the financial assistance was granted until the day on which the Minister recovers the amount.
Offences and penalties
12
1
Any person who, for the purposes of obtaining assistance for himself or any other person, knowingly or recklessly makes a statement which is false or misleading in a material particular, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
2
Any person who —
a
fails, without reasonable excuse, to comply with a requirement imposed by or under regulation 9 or by regulation 10;
b
intentionally obstructs an authorised officer (or a person accompanying and acting under his instructions) in the exercise of his powers under regulation 9,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
3
Proceedings for an offence under paragraph (1) or (2) may, subject to paragraph (4), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
4
No proceedings for an offence under paragraph (1) or (2) shall be commenced more than three years after the commission of the offence.
5
For the purposes of this regulation, where the proceedings are instituted by the Minister —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact;
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body corporate, or any person who was purporting to act in such capacity, he as well as that body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to acts and defaults of a member in connection with his management functions as if he were a director of that body corporate.
13
The Rural Development Grants (Agriculture) Regulations 1995 are hereby revoked.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th August 1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Marketing of Vegetable Plant Material Regulations 1995 and shall come into force on 1st December 1995.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“Directive 92/33/ EEC ” means Council Directive 92/33/EEC on the marketing of vegetable propagating and planting material other than seed;
“Directive 93/61/EEC ” means Commission Directive 93/61/EEC setting out the schedules indicating the conditions to be met by vegetable propagating and planting material other than seed pursuant to Directive 92/33/EEC ;
“inspector” means any person authorised by the Minister to be an inspector for the purposes of these Regulations;
“marketing” means the delivery, offer for sale, exposure for sale, sale and possession with a view to sale of plant material, and “market” and “marketed” shall be construed accordingly;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State;
“plant material” means parts of plants and all vegetative material, including rootstocks, or entire plants (including the grafted components of grafted plants), intended for the production of vegetables, other than seeds;
“producer” means a supplier engaged in the production or reproduction of plant material;
“responsible official body” means, as respects England and Wales, the Ministry of Agriculture, Fisheries and Food and, as respects Scotland, the Scottish Office Agriculture and Fisheries Department;
“supplier” means any person professionally engaged in the production, reproduction, preservation, treatment or marketing of plant material.
2
Any reference in these Regulations to a numbered regulation or a numbered schedule is a reference to the regulation or schedule so numbered in these Regulations.
Plant material to which these Regulations apply
3
1
Subject to paragraph (2) below, these Regulations shall apply to —
a
plant material of the genera and species set out in Schedule 1 and their hybrids; and
b
rootstocks and other parts of plants of other genera or species and their hybrids if plant material of a genus or species set out in Schedule 1 or of a hybrid of such a genus or species is or is to be grafted on to them.
2
These Regulations shall not apply to plant material intended for —
a
export to countries outside the European Community, if identified as such and kept sufficiently isolated from plant material not intended for such export;
b
trials or scientific purposes;
c
selection work; or
d
measures aimed at the conservation of genetic diversity.
Small producers
4
These Regulations shall not apply to a small producer all of whose production and sales of plant material are intended for final use by persons on the local market who are not professionally involved in plant production.
Quality requirements for plant material
5
No supplier shall market any plant material unless —
a
it is substantially free on visual inspection from any harmful organisms and diseases impairing quality which reduce its usefulness as plant material and in particular from the organisms and diseases listed in the Annex to Directive 93/61/EEC in respect of its genus or species;
b
it is substantially free from any defects, including unsatisfactory vigour and dimensions and imbalances between roots, stems and leaves, likely to impair its usefulness as plant material;
c
it has adequate identity and purity relative to its genus or species and variety;
d
either —
i
it belongs to a variety the seeds of which may be marketed in accordance with the Vegetable Seeds Regulations 1993 , or
ii
it belongs to a variety officially accepted in a member State in accordance with Article 9 of Directive 92/33/EEC ; and
e
it is in lots of sufficiently homogeneous composition and origin.
Measures to be taken by producers
6
A producer shall —
a
treat or, where appropriate, remove any plant material showing visible signs or symptoms of the harmful organisms or diseases referred to in regulation 5(a) at the stage of the growing crop;
b
report to an inspector any plant material that fails to comply with the requirements of regulation 5(a) as a result of the presence of organisms and diseases listed in the Annex to Directive 93/61/EEC ; and
c
keep plant material in lots of homogeneous composition and origin during growing and lifting or removal from parent material.
Special provisions relating to the marketing of bulbs of shallots and garlic
7
No producer shall market bulbs of shallots or garlic other than bulbs derived directly from plant material which was checked at the stage of the growing crop and which was found to satisfy the requirements of regulation 5(a).
Information to accompany plant material
8
1
Subject to paragraphs (2) and (3) below, no supplier shall market any plant material unless it is accompanied by a supplier’s document on which appears the appropriate information prescribed in Part A of Schedule 2.
2
Where plant material is accompanied by a plant passport issued in accordance with Council Directive 77/93/EEC , the plant passport may constitute the supplier’s document for the purposes of paragraph (1) above if accompanied by the appropriate additional information prescribed in Part B of Schedule 2.
3
Paragraph (1) above shall not apply to plant material, accompanied by appropriate product information, which is marketed to a non-professional final consumer.
4
Where young plants raised directly from seeds marketed in accordance with the Vegetable Seeds Regulations 1993 are marketed accompanied by a supplier’s document under paragraph (1) above on which appears the appropriate information prescribed in Part A of Schedule 1, the supplier shall if so requested provide the relevant seed lot reference number of the seeds to the responsible official body.
Records to be kept by suppliers
9
1
Subject to paragraphs (2) and (3) below, a supplier other than a producer shall keep —
a
written records, or records registered in an indelible fashion, on the buying and selling or delivery of plant material; and
b
records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery.
2
Paragraph (1) above shall not apply to a supplier engaged only in the marketing of small quantities of plant material to non-professional final consumers;
3
Sub-paragraph (1)(b) above shall not apply to a supplier engaged only in the marketing of plant material to non-professional final consumers;
4
A producer shall keep —
a
the records specified in item 2 of Schedule 3;
b
records on the composition and origin of any plant material of different origins mixed by him during packaging, storage or transport or at delivery; and
c
records on all occurrences on his premises of the harmful organisms referred to in regulation 5(a) and on any measures taken in relation to such occurrences.
Accreditation of producers
10
1
No producer shall market plant material unless he is accredited.
2
The Minister shall accredit a producer if he is satisfied that the producer complies with the requirements set out in Schedule 3.
3
The Minister may, by notice in writing served on an accredited producer who fails to comply with the requirements set out in Schedule 3, suspend or revoke accreditation, and in such notice shall state the grounds for suspension or revocation.
4
Applications for accreditation shall be made to the Minister in such form as the Minister may from time to time require.
Powers of inspectors
11
1
An inspector, upon producing, if required to do so, some duly authenticated document showing his authority, may at any reasonable time enter any premises of a supplier where he reasonably suspects that any activity which is governed by these Regulations is being carried on for the purposes of ascertaining whether there is or has been any contravention of these Regulations.
2
An inspector on entering any premises under paragraph (1) above may take with him representatives of the European Commission and such other persons as he considers to be necessary.
3
An inspector may carry out all reasonable checks and examinations necessary to ensure compliance with these Regulations, and in particular may —
a
take any plant material or sample from any plant material and sent it for analysis;
b
require the production of any relevant records, lists and other documents;
c
inspect any relevant records, lists and other documents;
d
take any relevant records, lists and other documents for copying.
4
An inspector may by notice in writing served on a supplier in respect of any plant material on the supplier’s premises that the inspector has reasonable grounds for suspecting fails to comply with the requirements of regulation 5(a) require the supplier not to market or to move from his premises or to permit or cause to be marketed or moved from his premises the plant material until the supplier has carried out such reasonable measures as the notice may specify.
Service of notices
12
1
A notice under these Regulations shall be deemed to have been served on a supplier if it is delivered to him personally or left for him at his last known place of abode or business or sent through the post addressed to him at his last known place of abode or business.
2
A notice under these Regulations may —
a
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
b
in the case of a partnership, be served on a partner or on a person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
Offences
13
1
A person who contravenes or fails to comply with any provision of these Regulations without reasonable excuse, proof of which shall lie on him, shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tim Boswell
Parliamentary SecretaryMinistry of Agriculture, Fisheries and Food
29th September 1995
Raymond Robertson
Parliamentary Under Secretary of StateScottish Office
25th September 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Merton) (Amendment) Order 1995 and shall come into force on 3rd April 1995.
Interpretation
2
In this Order “the principal order” means the Road Traffic (Special Parking Area) (London Borough of Merton) Order 1994 .
Amendment of the principal order
3
1
The principal order shall be amended as follows.
2
In article 2 —
a
In paragraph (1) for the third unnumbered sub-paragraph there shall be substituted —
“a reference to the Schedule is a reference to the Schedule to this Order,”
b
in paragraph (1) for the words “Schedule 2”, in the two places where those words occur, there shall be substituted “the Schedule”;
c
in paragraph (1) for the words “that Schedule” there shall be substituted “the Schedule”; and
d
paragraphs (2) and (3) shall be omitted.
3
In article 3 for paragraph (1) there shall be substituted —
1
The Secretary of State hereby designates the London borough of Merton except the roads named or described in the Schedule as a special parking area.
4
For Schedule 1 there shall be substituted the Schedule set out in the Schedule to this Order.
5
Schedule 2 shall be omitted
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
9th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Furness Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th August 1995.
2
In this Order —
“the Authority” means the Morecambe Bay Health Authority;
“the Trust” means the Furness Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
27th July 1995


text:
Citation and Commencement
1
These Regulations may be cited as The Other Fuel Substitutes (Payment of Excise Duty etc. ) Regulations 1995 and shall come into force on 1st December 1995.
Interpretation
2
In these Regulations —
a
“the Act”means the Hydrocarbon Oils Duties Act 1979;
b
“the address”, in subparagraph (a) of regulation 5(1) below, means Dorset House, Stamford Street, London SE1 9PY or such other address which may be specified in directions made by the Commissioners of Customs and Excise under section 116 of the Customs and Excise Management Act 1979;
c
“business day” means a day which is a business day within the meaning of section 92 of the Bills of Exchange Act 1882 ;
d
“his premises”means any premises in relation to which a person is a producer, and which, if not entered by him, are required by regulation 3 below to be entered;
e
“liquid”means a liquid or substance comprised in section 6A of the Act ; and in Schedules 1 and 3 to these Regulations —
i
in relation to fuel, means a liquid which is a fuel for any engine, motor or machinery within the meaning of section 6A, and subsection (2)(a) thereof, of the Act; and
ii
in relation to additive or extender, means a liquid which is an additive or extender within the meaning of section 6A, and subsection 2(b) thereof, of the Act;
f
“producer”means a person who, within the meaning of section 6A of the Act —
i
sets aside a liquid for a chargeable use; or
ii
makes a chargeable use of a liquid,
with the consequence that a duty of excise is charged by virtue of the provisions of that section; and
g
“revenue trader”has the meaning given by section 1(1) of the Customs and Excise Act 1979
Entry of premises
3
1
Subject to paragraph (2) below, a producer shall —
a
before he sends out from any premises a consignment of liquid in respect of which a delivery note would be required to be issued by virtue of paragraph 4 below; or
b
as soon as practical after he makes a chargeable use of a liquid at any premises with the consequence that a duty of excise is charged by virtue of the provisions of section 6A of the Act,
enter those premises in accordance with section 108 of the Customs and Excise Management Act 1979.
2
Paragraph (1) above does not apply where the producer has entered the premises in accordance with section 108.
Delivery Notes
4
1
Subject to paragraph (2) below, a producer shall, in respect of each consignment of liquid sent out from his premises, issue to the consignee a serially numbered delivery note containing the particulars specified in Schedule 1 to these Regulations.
2
The requirement of paragraph (1) above only applies in the case of a liquid which is charged with a duty of excise by virtue of the provisions of section 6A of the Act on the basis of it having been set aside when on those premises from which it is sent out.
Returns and payment of duty
5
1
Subject to paragraph (2) below, a producer shall, in relation to his premises, not later than the fifteenth day of the month next following the preceding month —
a
pay the Commissioners at the address the amount of excise duty charged by section 6A of the Act in respect of all liquid fuel and all liquid additive or extender sent out from those premises in the preceding month, and in respect of all liquid fuel and all liquid additive or extender put to a chargeable use (within the meaning of section 6A) at those premises in the preceding month; and
b
furnish the Commissioners, at the place which, for the purposes of subparagraph (a) above, constitutes the address, a return in respect of the preceding month on the form set out in Schedule 2 to these Regulations containing full information in respect of the matters specified in the form and a declaration, signed by him, that the return is true and complete.
2
Where the fifteenth day would fall on a day which is not a business day, the obligations of paragraph (1) above shall be discharged not later than the last business day before that fifteenth day.
Fuel substitutes record
6
A producer shall, in his capacity of being a revenue trader, keep and preserve at his premises a record, to be known as the fuel substitutes record, in accordance with the provisions and containing the particulars specified in schedule 3 to these Regulations.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
9th November 1995


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Tax-exempt Special Savings Account (Relevant European Institutions) Regulations 1995 and shall come into force on 2nd January 1996.
Interpretation
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“notice” means notice in writing and “notify” shall be construed accordingly;
“the principal Regulations ” means the Tax-exempt Special Savings Account Regulations 1990 ;
“a relevant European institution” has the meaning given by section 326A(10) of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
and in Part III of these Regulations “regulation” means a regulation of the principal Regulations.
PART II
TAX REPRESENTATIVES
Accounts held with relevant European institutions
3
1
An account held with a relevant European institution shall not be a tax-exempt special savings account at the time it is opened, or shall cease to be a tax-exempt special savings account at a given time, unless at the time concerned one of the following three requirements is fulfilled.
2
The first requirement is that —
a
a person who falls within subsection (5) of section 326D of the Taxes Act is appointed by the institution to be responsible for securing the discharge of the duties prescribed by regulation 4 which fall to be discharged by the institution, and
b
his identity and the fact of his appointment have been notified to the Board by the institution.
3
The second requirement is that there are other arrangements with the Board for a person other than the institution to secure the discharge of such duties.
4
The third requirement is that there are other arrangements with the Board designed to secure the discharge of such duties.
Prescribed duties of tax representatives
4
The duties prescribed by this regulation are those that fall to be discharged by a society or institution under the principal Regulations.
Termination of appointment
5
The appointment of a person in pursuance of the first requirement mentioned in regulation 3(2) shall be treated as terminated in circumstances where —
a
the Board have reason to believe that the person concerned —
i
has failed to secure the discharge of any of the duties prescribed by regulation 4, or
ii
does not have adequate resources to discharge those duties; and
b
the Board have notified the institution and that person that they propose to treat his appointment as having terminated with effect from the date specified in the notice.
Powers and liabilities of tax representative
6
Where, in accordance with the first requirement mentioned in regulation 3(2), a person is at any time appointed to be responsible for securing the discharge of duties, the person concerned —
a
shall be entitled to act on the institution’s behalf for any of the purposes of the provisions relating to the duties;
b
shall secure (where appropriate by acting on the institution’s behalf) the institution’s compliance with and discharge of the duties;
c
shall be personally liable in respect of any failure of the institution to comply with or discharge any such duty as if the duties imposed on the institution were imposed jointly and severally on the institution and the person concerned.
Effect of section 326B(3) of the Taxes Act
7
Section 326B(3) of the Taxes Act shall have effect as if the reference to subsection (1) included a reference to this Part of these Regulations.
PART III
AMENDMENTS TO THE PRINCIPAL REGULATIONS
8
In regulation 2(1) —
a
after the definition of “the Board” there shall be inserted —
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
b
after the definition of “the principal sections” there shall be inserted —
a “relevant European institution” has the meaning given by section 326A(10) of the Taxes Act;
c
in the definition of a “society or institution” there shall be added at the end “or a relevant European institution”.
9
In regulation 5 —
a
in paragraph (1) after the words “paragraph (2)” there shall be inserted the words “or, in the case of a relevant European institution, the information specified in paragraph (2A)”;
b
after paragraph (2) there shall be inserted —
2A
The information specified in this paragraph is —
a
the name under which it is incorporated or registered and the EEA State in which it is incorporated or registered;
b
where it has a branch or business establishment in the United Kingdom and intends to operate all accounts opened with it through that branch or establishment —
i
the address of that branch or business establishment including postcode, and
ii
the tax office to which its accounts are submitted and its reference number there;
c
where it has a branch or business establishment in the United Kingdom and does not so intend, which of the three requirements in regulation 3 of the Tax-exempt Special Savings Account (Relevant European Institutions) Regulations 1995 it proposes to fulfil;
d
where it does not have a branch or business establishment in the United Kingdom —
i
whether it proposes to establish such a branch or business establishment through which it will operate all accounts opened with it, and
ii
if not, which of the three requirements mentioned in regulation 3 of the Tax-exempt Special Savings Account (Relevant European Institutions) Regulations 1995 it proposes to fulfil;
e
the date from which it proposes to operate accounts.
;
c
in paragraph (3) after the words “Banking Act 1987” there shall be inserted the words “or is a relevant European institution”.
10
In regulation 11 —
a
in paragraph (a) for the words from “, as the case may be” to the end of the paragraph there shall be substituted the words “to be authorised under the Banking Act 1987 or to be a relevant European institution, as the case may be.”;
b
after paragraph (e) there shall be added —
f
action has been taken in relation to it under the law of an EEA State corresponding to that described in paragraph (b), (c), (d) or (e).
11
In regulation 16 after the word “inspection” there shall be inserted the words “at a place within the United Kingdom”.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
12th December 1995


text:
Title and commencement
1
1
These Regulations may be cited as the Education (Special Educational Needs) (Prescribed Forms) (Welsh Forms) Regulations 1995 and shall come into force on 13th February 1995.
2
In these Regulations “the principal Regulations ” means the Education (Special Educational Needs) Regulations 1994 .
2
The forms set out in the Schedule to these Regulations are hereby prescribed as versions in Welsh which may be used instead of the corresponding forms in parts A and B of the Schedule to the principal Regulations for the purposes set out in regulations 12 and 13 of the principal Regulations.
3
Forms substantially corresponding to the forms set out in the Schedule to these Regulations may also be used.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
3rd January 1995


text:
PART I
INTRODUCTION
Title, commencement, interpretation and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) Regulations 1995 and shall come into force on 9th October 1995.
2
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 90/425/ EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the single market and Council Directive 91/496/EEC laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries , both of which have been amended in accordance with Schedule 1;
“border inspection post” means, in relation to a species of animal, a place specified in relation to that species in Schedule 2;
“collection centre” means any site, including holdings and markets, at which animals originating from different holdings are grouped together to form consignments of animals intended for trade;
“import” means import into Great Britain;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister or a local authority, and when used in relation to a person so appointed by the Minister, includes a veterinary inspector;
“local authority” means —
in England and Wales, as respects each London borough (except in relation to imported live animals), metropolitan district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London, and for all London boroughs in relation to imported live animals, the Common Council;
in Scotland, the regional or islands council;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister.
3
Any reference in these Regulations to a Schedule, unless the context otherwise requires, is a reference to a Schedule to these Regulations.
4
Any reference in these Regulations to an instrument of the European Community is to that instrument as amended at the time these Regulations come into force.
5
All notices and approvals under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
These Regulations do not apply to Northern Ireland.
Exception
2
These Regulations shall not apply to veterinary checks on movements of pets (other than equidae) accompanied by and under the responsibility of a natural person, where such movements are not the subject of a commercial transaction.
Enforcement
3
1
Except where otherwise expressly provided, these Regulations shall be executed and enforced by the local authority.
2
The Minister may direct, in relation to cases of a particular description or a particular case, that any duty imposed on a local authority under paragraph (1) above shall be discharged by the Minister and not by the local authority.
PART II
INTRA-COMMUNITY TRADE
Application of Part II
4
This Part of these Regulations shall apply to trade between member States in live animals and all animal products which are the subject of the directives listed in Schedule 3, except aquaculture products for human consumption controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products .
Exports
5
1
No person shall export or consign for export to another member State any animal or animal product controlled under one or more of the directives in Schedule 3 unless —
a
it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination) and any additional requirements on health conditions of the member State of destination;
b
when required by a directive or the member State of destination, it is accompanied by an export health certificate signed by a veterinary inspector and any other document required by a directive or by the member State of destination;
c
when required by a directive, any notification of a disease on the holding from which the animal has been consigned has been made within the time and in the manner (if any) specified in the directive; and
d
if it is acquired through a collection centre, such collection centre has been approved by the Minister for the purposes of intra-Community trade, and the collection centre complies with the provisions of the directives listed in Schedule 3 relating to collection centres.
2
If an inspector has reasonable cause to suspect that a person in charge of animals or animal products intends to export them in contravention of this regulation he may by notice served on the consignor, his representative or person in charge of the animals or animal products prohibit that exportation and require the person to take the animals or animal products to such place as may be specified in the notice and to take such further action in relation to them as may be specified in the notice.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
Imports
6
No person shall import from another member State any animal or animal product subject to a directive listed in Schedule 3 and in free circulation in another member State unless it complies with the relevant provisions of that directive, any additional requirements specified in Schedule 3 and any additional legislation applicable in Great Britain.
Transport of animals and animal products
7
1
No person shall transport any animal or animal product which is being exported to another member State, or which is being imported from another member State to the address to which it is consigned, unless the animal or animal product is accompanied by the documents required by Article 3.1.d of Council Directive 90/425/EEC .
2
No person shall deliver any animal or animal product imported from another member State other than to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector; and, if an animal or animal product is delivered to an address other than that specified in the consignment documentation, an inspector may serve a notice on the person appearing to him to be in charge of the animal or animal product requiring that person to transport it, at that person’s expense, to the address specified in the consignment documentation.
3
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates and arrange for the requirements of the notice to be complied with.
4
The consignor, his representative and the person responsible for the animal or animal product shall be jointly and severally liable for the costs of any action taken under this regulation.
Registration
8
1
For the purposes of paragraph (2) below the Minister shall keep a register of dealers engaging in intra-Community trade who have applied for registration in accordance with that paragraph.
2
If required to do so by a notice served on him by the Minister, a dealer engaging in intra-Community trade in animals or animal products shall register as such with the Minister and shall give to him such undertakings as to compliance with these Regulations as shall be specified in the notice.
3
Any person who has registered under paragraph (2) above shall keep a record of all deliveries of animals and animal products and, where a consignment is divided up or subsequently marketed, of the subsequent destination of the animals or animal products, and shall keep such records for 12 months from the arrival of the consignment.
4
No person shall export to another member State any animal to which the provisions of Articles 7, 9 and 10 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(1) to Council Directive 90/425/EEC ) apply unless the animal originates from a holding which has been registered with the Minister and the owner or person in charge of that holding has given to the Minister undertakings in accordance with Article 4 of Council Directive 92/65/EEC .
Approval of centres and teams
9
1
For the purposes of Articles 5 and 13 of Council Directive 92/65/EEC , the Minister shall approve any body, institute or centre which has applied for approval in accordance with Article 13 of that directive and which conforms with the requirements of Annex C to that directive.
2
The Minister shall suspend, withdraw or restore the approval referred to in paragraph (1) above in accordance with point 3 of Annex C to that directive.
3
For the purposes of Article 11 of Council Directive 92/65/EEC , the Minister shall approve any semen collection centre or embryo collection team which has applied to the Minister for approval in accordance with Article 11 of that Directive and which meets the conditions applicable to it in respect of approval and the performance of its duties as required by Article 11 and Annex D to that Directive.
Inspection and checking at destination
10
1
A veterinary inspector shall have power to inspect, at their place of destination, all animals and animal products imported into Great Britain from another member State, so as to ensure that the requirements (including requirements on documentation) of the relevant provisions of the directives listed in Schedule 3, any additional requirements specified in Schedule 3 and any additional legislation applicable to those animals and animal products in Great Britain have been complied with.
2
In addition to the powers in paragraph (1) above, an inspector shall have power to inspect anywhere and at any time all animals and animal products imported from another member State, as well as all accompanying documents, if he has information leading him to suspect an infringement of the directives listed in Schedule 3, any additional legislation specified in Schedule 3 and any additional legislation applicable to those animals or animal products in Great Britain.
3
Any powers exercised under regulation 29 below shall only be exercised in accordance with this regulation in relation to an import from another member State until it reaches its place of destination and at its place of destination.
Duties on consignees
11
1
No person shall accept a consignment of animals or animal products (other than registered horses accompanied by an identification document provided for by Council Directive 90/427/EEC on the zootechnical and genealogical conditions governing intra-Community trade in equidae ) unless the importer or consignee has notified to an authorised inspector in writing, at least 24 hours in advance, the nature of the consignment, its anticipated date of arrival and the place of destination.
2
A consignee shall retain all certificates sent in accordance with these Regulations for 12 months from the date of arrival.
3
The authorised inspector in regulation 11(1) shall be the inspector authorised (in England and Wales by the Minister of Agriculture, Fisheries and Food and in Scotland by him and the Secretary of State for Scotland acting jointly) to receive information about the anticipated date of arrival of imported animals or animal products for the area in which the place of destination in Great Britain is situated.
Duties on consignees relating to animals
12
1
Where animals are consigned to a collection centre approved by the Minister for the purposes of intra-Community trade, the operator of the collection centre shall ensure that no animal is admitted unless it complies with Article 3.1 of Council Directive 90/425/EEC .
2
Where animals are consigned to a slaughterhouse under the supervision of an official veterinary surgeon appointed under the provisions of the Fresh Meat (Hygiene and Inspection) Regulation 1995 or the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 , the official veterinary surgeon shall ensure that no animal is slaughtered unless it complies with Article 3.1 of Council Directive 90/425/EEC .
3
If, in carrying out inspections under the preceding paragraph, the official veterinary surgeon establishes that animals imported from another member State are accompanied by incorrect certification or cannot readily be identified, he shall forthwith notify a veterinary inspector authorised by the Minister to receive such notification, who shall examine the animals and shall either —
a
certify that they are fit to be slaughtered and used for their intended purpose, or
b
by notice in writing served on the official veterinary surgeon require the animals to be slaughtered and destroyed or re-exported, in each case at the expense of the importer.
4
Where paragraphs (1) and (2) above do not apply, any person who markets any animal consigned to him from another member State, or divides up batches of such animals for distribution or marketing —
a
shall check, before the batch is divided up or marketed, that all the animals comply with the relevant provisions of the directives listed in Schedule 3, with respect to identification marks and accompanying documentation;
b
shall forthwith notify any irregularity or anomaly to a veterinary inspector authorised by the Minister to receive such notification, and
c
if there is a breach of Article 3.1.d of Council Directive 90/425/EEC , shall isolate the animals in question until a veterinary inspector authorised by the Minister to do so has authorised their release in writing.
Illegal consignments
13
1
If a veterinary inspector knows of or suspects the presence of agents responsible for a disease referred to in Schedule 4 or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans in animals or animal products imported from another member State, or that those animals or animal products have come from a region contaminated by an epizootic disease, he may by notice served on the person appearing to him to have charge of those animals or products, require that person —
a
immediately to detain the imported animal product, imported animal or any animal which has been in contact with such imported animal (and, in the case of detained animals, whether imported or animals which have been in contact with imported animals, keep them isolated from other animals), at such place as may be specified in the notice, and to take such further action in relation to them as may be so specified for the purpose of preventing the introduction or spreading of disease into or within Great Britain, or
b
without delay, to slaughter them, or slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of products, destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
Subject to the provisions of paragraph (3) below, if an inspector knows or suspects that an animal or animal product does not comply with the provisions of Article 3 of Council Directive 90/425/EEC , he may, if animal health and welfare considerations so permit, give the consignor or his representative or the person appearing to him to have charge of those animals or products by way of notice the choice of —
a
where the cause of non-compliance is the presence in animals of excessive residues, maintenance of the animals under supervision until all relevant legislation on residues is complied with and, in the event of failure to comply with that legislation, application of the measures provided for in that legislation, or
b
slaughtering the animals or destroying the products in accordance with such conditions as may be specified in the notice, or
c
returning the animals or products to the member State of despatch, with the authorisation of the competent authority of the member State of despatch and with prior notification to any member State of transit.
3
If the only way the consignment fails to comply with legislation is irregularity in documentation, an inspector shall not cause the animals or animal products to be returned to the country of despatch without first giving the consignor, his representative or the person appearing to him to have charge of those animals or products a notice requiring him to produce the correct documentation within 7 days and to detain the animal or animal product in accordance with such conditions as may be specified in the notice.
4
In the event of a notice not being complied with an inspector may seize or cause to be seized any animal or animal product to which it relates, and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person responsible for the animals and products shall be jointly and severally liable for the costs of any action taken under this regulation.
PART III
THIRD COUNTRIES
Application of Part III
14
This Part of these Regulations shall apply in respect of animals imported into Great Britain —
a
from anywhere other than a member State, and
b
from another member State if the animals originated in a country which is not a member State and all the checks provided for in Council Directive 91/496/EEC have not been carried out.
Official veterinarians
15
The Minister of Agriculture, Fisheries and Food shall from time to time designate such veterinary inspectors to act as official veterinarians as shall be necessary for the purposes of this Part of these Regulations and may revoke such designation at any time.
Importation
16
1
No person shall import any animal
a
either for entry into Great Britain or for export to another member State unless the conditions in Article 5 of Council Directive 91/496/EEC and Articles 3, 4 and 5 of Council Directive 91/628/EEC on the protection of animals during transport are complied with as well as any additional legislation applicable in Great Britain, or
b
for immediate re-export, either directly or indirectly, outside the European Community unless such transit has been previously authorised in writing by the Minister and the conditions in Article 9 of Council Directive 91/496/EEC have been complied with.
2
No person shall import any animal to which a directive listed in Schedule 5 applies except in conformity with that directive, any decision under that directive and any additional legislation applicable in Great Britain.
3
No person shall import any animal to which a decision listed in Schedule 5 applies from the country referred to in that decision except in accordance with the provisions of those decisions, including any options exercised by the Minister under those decisions.
Places of import
17
1
No person shall import any animal except at a border inspection post specified in Schedule 2 for that species of animal, except that animals specified in Schedule 1 to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 may also be imported at places permitted under that Order.
2
If animals are imported at any place other than a place permitted under paragraph (1) above, an inspector may, by notice in writing, require the person appearing to him to be in charge of the consignment to detain and isolate the animals in accordance with the notice and the following provisions of this regulation shall have effect.
3
Following examination of the animals by a veterinary inspector, the veterinary inspector may serve a further notice on the person appearing to him to be in charge of the consignment either releasing the animals from restriction or requiring the animals to be slaughtered or slaughtered and destroyed or re-exported outside the European Community.
4
In the event of a notice not being complied with, an inspector may seize the animal or cause it to be seized and arrange for the requirements of the notice to be complied with.
5
The consignor, his representative and the person responsible for the animals shall be jointly and severally liable for the costs of any action taken under this regulation.
Import procedure
18
1
No person shall import any animal unless he has given one working day’s notice in writing of his intention to do so, specifying the number, nature and estimated time of arrival of the animal, to the official veterinarian of the border inspection post through which the animal is to be imported.
2
On importation, the importer or his agent shall convey the animal, under the supervision of the enforcement authority, directly to the border inspection post examination area or, where the decisions listed in Schedule 5 or the animal health conditions applicable to imports so require, to a quarantine centre as provided for in the second indent of the first sub-paragraph of Article 10.1 of Council Directive 91/496/EEC .
3
No person shall remove any animal from a quarantine centre or border inspection post unless there has been provided by the official veterinarian a certificate in the form required under Council Directive 91/496/EEC that all necessary veterinary checks have been carried out in accordance with Articles 4.1, 4.2.a, 4.2.b, 4.2.d, 8 and 9 of that directive to his satisfaction.
4
No person shall remove any animal from Customs temporary storage arrangements unless the certificate provided under paragraph (3) above has been provided to an officer of Her Majesty’s Customs and Excise and the removal has been authorised by him, and except to the address specified in the required documentation unless required to do so by means of a notice served on him by an inspector.
5
Where a check involves the taking of a sample for testing and the test result is not immediately available, the official veterinarian may by notice served on the owner or the person in charge of an animal release that animal from the border inspection post, and require that person to keep the animal in accordance with such conditions as may be specified in the notice until the test results are available; and if the test reveals that the animal does not comply with the provisions of Article 5 of Council Directive 91/496/EEC then the provisions of regulation 21 below shall apply as they apply at a border inspection post.
Payment of fees
19
The official veterinarian shall not authorise the release of animals from a quarantine centre or border inspection post unless he is satisfied that all veterinary checks for which a charge is made have been paid for, and that, where relevant, a deposit covering any cost provided for in Article 9.1.a, 9.2, the second and third indents of Article 10.1, Article 10.6 and Article 12.2 of Council Directive 91/496/EEC has been lodged.
Consignments constituting a danger to health
20
Where checks at the quarantine centre or border inspection post reveal that a consignment of animals is likely to constitute a danger to animal or human health, the official veterinarian shall immediately seize and destroy the consignment, and the costs of such action shall be payable by the importer or his representative.
Illegal consignments
21
1
Where checks at the quarantine centre or border inspection post reveal that the animals do not comply with Article 5 of Council Directive 91/496/EEC or Articles 3, 4 or 5 of Council Directive 91/628/EEC , a veterinary inspector shall, by notice served on the person appearing to him to have charge of those animals, require that person to —
a
shelter, feed and water and, if necessary, treat the animals; or
b
place them in quarantine or isolate the consignment at such place as may be specified in the notice, and to take such other action in relation to the animals as may be necessary for the purpose of preventing the introduction or spreading of disease into or within Great Britain; or
c
re-dispatch them outside the territory of the European Community, where animal health or welfare considerations so permit, within such period as may be specified in the notice.
2
Before exercising any of the powers in paragraph (1) above the veterinary inspector shall consult the importer or his representative.
3
If the animals are re-dispatched in accordance with paragraph (1)(c) above, the official veterinarian shall cancel the veterinary certificate or document accompanying the rejected consignment.
4
If in the opinion of the veterinary inspector re-dispatch is not possible, in particular for reasons of the welfare of animals, he by notice served on the person appearing to him to have charge of the animals —
a
may, after ante-mortem examination, authorise slaughter of the animals for human consumption if so doing would comply with all relevant legislation;
b
must otherwise order the slaughter of the animals for purposes other than human consumption or order the destruction of the carcases, specifying the conditions regarding control of the use of the products obtained.
5
In the event of a notice not being complied with a veterinary inspector may seize or cause to be seized any animal to which it relates, and arrange for the requirements of the notice to be complied with.
6
The importer or his representative shall be liable for the costs incurred in measures under this regulation, but shall be entitled, after deduction of costs, to the proceeds of any sale.
Arrival at the place of destination
22
On their arrival at the place of destination, animals for breeding and production shall be detained at the premises by the person having control of those premises, and he shall not release them from those premises unless authorised in writing by an authorised officer of the Minister.
Post-import controls
23
1
Where a veterinary inspector knows or suspects that import conditions have not been complied with or there is doubt as to the identity of an animal, he may carry out any veterinary checks on that animal he deems appropriate.
2
If the checks confirm that import conditions were not complied with then the provisions of regulation 21 above shall apply as they apply at a border inspection post and, in the case of the exercise of a power to place the animals in quarantine or isolate them, may additionally require the placing in quarantine or isolation of other animals which have been in contact with the imported animals.
PART IV
IMPORTS WHERE CHECKS HAVE BEEN CARRIED OUT IN ANOTHER MEMBER STATE
Application of Part IV
24
This Part of these Regulations shall apply in respect of animals imported into Great Britain and which originated outside the European Community but in respect of which all the checks required under Council Directive 91/496/EEC have been carried out in another member State.
Imports
25
No person shall import any animal to which this Part applies unless it is accompanied by the certificate of examination and the authenticated copy of the original health certificate issued at the point of importation into the European Community under Article 7.1 of Council Directive 91/496/EEC .
Import procedure
26
The provisions of regulations 7 to 13, 16(2) and (3), 22 and 23 of these Regulations shall apply in relation to animals to which this Part applies.
PART V
GENERAL
Outbreaks of disease in other states
27
1
This regulation shall apply where the Minister learns of or has reasonable grounds to suspect, either under the procedures set out in Article 10 of Council Directive 90/425/EEC or Article 18 of Council Directive 91/496/EEC , or through any other means, the presence in any other state of a disease referred to in Schedule 4, a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstances described in paragraph (1) above, the Minister may, for the purpose of preventing the introduction or spreading of disease into or within Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence in another state of any disease or zoonosis or other cause likely to constitute a serious hazard, the area subject to the outbreak, and the types of animal or animal product affected.
3
Upon such declaration being made, the entry into Great Britain of any animal or animal product which is the subject of the declaration shall be in breach of the conditions of import in these Regulations unless it satisfies such conditions as may be specified in the declaration.
4
A declaration made under this regulation may specify conditions under which the animal or animal product which is the subject of the declaration may be imported.
Notification of decisions
28
If the consignor or his representative, or the importer or his representative, so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Powers of inspectors
29
1
Subject to regulation 10 above, an inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of Council Directive 90/425/EEC and Council Directive 91/496/EEC , and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
carry out checks on whether staff are complying with the requirements of the directives listed in Schedule 3 relating to animal products;
c
take samples (and, if necessary, send the samples for laboratory testing) from —
i
animals held with a view to being sold, put on the market or transported;
ii
products held with a view to being stored or sold, put on the market or transported;
iii
animals or animal products being transported in the course of intra-Community trade;
iv
animals at a border inspection post in the case of third country imports;
v
animals or animal products at the place of destination in the case of an import from another member State;
d
examine documentary or data processing material relevant to the checks carried out under these Regulations;
e
take with him a representative of the European Commission acting for the purposes of Council Directives 90/425/EEC or 91/496/EEC .
3
Without prejudice to any other provision in these Regulations relating to the recovery of costs, the person in charge of any animals or animal product shall be liable for any reasonable expenses arising out of or in connection with the exercise of any power conferred on an inspector by these Regulations relating to those animals or animal products.
Obstruction
30
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
31
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity, he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
32
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under regulation 30(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Disapplication of provisions
33
The provisions of the legislation listed in Schedule 6 shall not apply to imports from another member State of animals and animal products to which a directive listed in Schedule 3 applies, or to imports of an animal to which a decision listed in Schedule 5 applies from the country subject to that decision, to the extent specified in column 3 of Schedule 6.
Revocations and transitional provisions
34
1
The Importation of Equine Animals Order 1979 , the Artificial Breeding of Sheep and Goats Regulations 1993 and the Animals and Animal Products (Import and Export) Regulations 1993 are hereby revoked.
2
Any notice or declaration issued under the Animals and Animal Products (Import and Export) Regulations 1993, and any registration made under those Regulations, shall continue to have effect as if made under the equivalent provision of these Regulations.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
11th September 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
12th September 1995