text:
Title and commencement
1
These Regulations may be cited as the Sea Fishing (Days in Port) Regulations 1992 and shall come into force on 31st January 1992.
Interpretation
2
1
In these Regulations —
“British sea-fishery officer” means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;
“day” means a period of 24 hours commencing immediately after midnight;
“licence” means a fishing licence issued under section 4 of the Sea Fish (Conservation) Act 1967 and “licensed” shall be construed accordingly.
2
Except in the case of regulation 13 of these Regulations any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Scope
3
These Regulations apply to —
a
any fishing vessel which is registered in the United Kingdom where the vessel has an overall length that exceeds 10 metres and its landings of cod and haddock from the sea areas described in Schedule 1 during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of its total landings, and
b
any vessel replacing a vessel in the category referred to in paragraph (a) above.
Management of days in port
4
1
A vessel to which these Regulations apply shall remain in port for one or more periods totalling 135 days during the period 1st February 1992 to 31st December 1992.
2
A period in port may consist of a single day or of a group of days taken consecutively.
3
No period in port shall count for the purposes of paragraph (1) above unless —
a
it consists of at least one day,
b
it is notified in accordance with regulation 5, and
c
where paragraph (5) below applies, the requirements of that paragraph are satisfied.
4
Once a period has been notified and has commenced the vessel concerned shall remain in port until either that period has expired or a revised period notified in accordance with regulation 5(4) has expired.
5
Where the port in which the vessel is to remain is not in the United Kingdom the master, owner or charterer shall within 14 days of the expiry of the period in port furnish to the Department of Agriculture for Northern Ireland in the case of a vessel licensed by that Department or to a British sea-fishery officer in any other case a statement signed and dated by the authority in charge of that port containing the particulars specified in Schedule 2.
Notice of intended period in port
5
1
At least 9 hours' prior notice of an intended period in port for the purpose of regulation 4 shall be given by the master, owner or charterer of the vessel or by any person authorised to act in that regard by any or all of them.
2
The notice shall be in writing in the form set out in Part I of Schedule 3 and shall be signed by the person giving it.
3
The notice shall be given —
a
in the case of a vessel which is to remain in a port where there is a British sea-fishery officer, to such an officer, or
b
in the case of a vessel licensed by the Department of Agriculture for Northern Ireland, to that Department, or
c
in the case of a vessel not so licensed, to a British sea-fishery officer of the port from which the vessel’s licence was issued.
4
Subject to paragraphs (5) and (6) below the notice may be varied by the giving of a further notice (hereinafter referred to as “a variation notice”) at least 9 hours in advance of the commencement of the variation.
5
A variation notice shall be given by the master, owner or charterer of the vessel or by any person authorised to act in that regard by any or all of them, shall be in writing in the form set out in Part II of Schedule 3 and shall be signed by the person giving it.
6
Paragraph (3) above shall apply in the case of a variation notice as it applies in the case of a notice under paragraph (1) above.
Offences
6
1
Where a vessel to which these Regulations apply does not remain in port in accordance with regulation 4(1) or 4(4), its master, owner and charterer (if any) shall each, in the absence of a reasonable excuse, be guilty of an offence.
2
Any person who —
a
assaults a British sea-fishery officer who is exercising any of the powers conferred on him by regulation 9, or
b
intentionally obstructs any such officer in the exercise of any of those powers, or
c
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by regulation 9 or without reasonable excuse prevents any other person from complying with such a requirement,
shall be guilty of an offence.
Penalties
7
1
A person guilty of an offence under regulation 6(1) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
2
A person guilty of an offence under regulation 6(2)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person guilty of an offence under regulation 6(2)(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
A person guilty of an offence under regulation 6(2)(c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Recovery of fines
8
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing vessel who is convicted by the court of an offence under regulation 6, the court may —
a
issue a warrant of distress against the vessel and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the vessel to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing vessel who is convicted by the sheriff of an offence under regulation 6, the sheriff may —
a
issue a warrant for the arrestment and sale of the vessel and its gear and catch and any property of the person convicted; and
b
order the vessel to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this regulation in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this regulation in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers
9
1
For the purpose of enforcing regulation 6, a British sea-fishery officer —
a
may go on board any fishing vessel to which these Regulations apply;
b
may require any such vessel to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the vessel or any other person on board;
d
may require any person on board to assist him in the performance of his functions; and
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the vessel and the equipment of the vessel, including the fishing gear;
ii
require the production of any document relating to the vessel or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the vessel for any such document, and require any person on board the vessel to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under regulation 6 is being or has been committed in respect of a vessel to which these Regulations apply he may seize and detain any document produced to him or found on board the vessel, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits the officer —
a
may require the master to take, or may himself take, the vessel and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the vessel in the port.
3
Nothing in paragraph (2) above shall permit any document required by law to be carried on board any vessel to be seized or detained except while the vessel is detained in a port.
4
If a British sea-fishery officer detains a vessel, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing regulation 6, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing vessels or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document;
and if he has reasonablegrounds to suspect that an offence under regulation 6 has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
Protection of officers
10
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by regulation 9 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.
Offences by bodies corporate
11
Where an offence under regulation 6 committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Proceedings
12
Proceedings for an offence under these Regulations may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom. Revocations and saving
13
The Sea Fishing (Days in Port) Regulations 1991 and the Sea Fishing (Days in Port) (Amendment) Regulations 1991 are hereby revoked but without prejudice to the application of regulations 8 and 9 of the former Regulations in relation to the enforcement of regulation 5 thereof.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Trumpington
Minister of State, Ministry of Agriculture, Fisheriesand Food
28th January 1992.
Strathclyde
Parliamentary Under Secretary of State,Scottish Office
28th January 1992


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Special Roads (Notice of Opening) Regulations 1992 and shall come into force on 1st August 1992.
Revocation
2
The Special Roads (Notice of Opening) Regulations 1962 are hereby revoked.
Notice of opening of a special road
3
The notice required for the purposes of section 17(5) of the Road Traffic Regulation Act 1984 to be published by the traffic authority for a special road, declaring the date on which that road or part of it is open for use as a special road, shall, not less than 7 days before that date, be published in at least one local newspaper circulating in the area in which the special road or, as the case may be, the relevant part of it is situated and in the London Gazette.
John MacGregor
Secretary of State for Transport
3rd June 1992
David Hunt
Secretary of State for Wales
9th June 1992


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 1992 and shall come into force on the tenth day after it is made.
2
In this Order “the principal Order ” means —
a
in relation to England and Wales, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
in relation to Northern Ireland, the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland)Order 1991 .
2
Schedule 1 to the principal Order (which defines the institution of proceedings for the purposes of article 2(5) of that Order) shall be amended as follows:
a
after the entry relating to Anguilla, there shall be inserted the following —
Argentina when a judge has ordered that a person be detained for the purpose of testifying in connection with the commission of an offence
;
b
after the entry relating to the Cayman Islands, there shall be inserted the following —
Germany when a person is notified that he is accused of an offence and will be brought before a court
;
c
after the entry relating to Guernsey, there shall be inserted the following —
Guyana when a charge has been laid against a person for an offence
; and
d
after the entry relating to the United States of America, there shall be inserted the following —
Uruguay when criminal proceedings are instituted by a judicial authority
.
3
Schedule 2 to the principal Order shall be amended by inserting in alphabetical order the entries for those countries and territories specified in the Schedule to this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Social Security (Austria) Order 1992 and shall come into force on 31st December 1992.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and variation of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be varied so as to give effect to the amendments made to the Principal Convention by the Second Supplementary Convention set out in Schedule 1 to this Order, so far as the same relate to England, Wales and Scotland.
N. H. Nicholls
Clerk of the Privy Council


text:
1
The new highway which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the existing A55 Chester to Bangor trunk road with the new interchange at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”) shall become trunk roads as from the date when this Order comes into force.
2
The centre line of the slip roads are indicated by heavy black lines on the deposited plan.
3
In this Order —
All measurements of distances are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered HA10/2 WO 93 and marked “The Chester-Bangor Trunk Road (A55) (St Asaph Business Park Slip Roads) Order 1992”, signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff.
ii
“the slip roads” have the meanings given in article 1 of this Order;
iii
“the trunk road” means the existing Chester-Bangor Trunk Road (A55);
iv
“the interchange” means the side road proposed to be bridged over the trunk road, providing access to the St Asaph Business Park in accordance with the provisions of the Chester-Bangor Trunk Road (A55) (St Asaph Business Park Side Roads) Order 1992.
4
This Order shall come into force on 14th August 1992 and may be cited as the Chester-Bangor Trunk Road (A55) (St Asaph Business Park Slip Roads) Order 1992.
Signed by authority of the Secretary of State for Wales
P. R. Marsden
A Grade 6 Officer, Welsh Office
Dated 3rd July 1992


text:
Citation and commencement
1
This Order may be cited as the Food Safety Act 1990 (Consequential Modifications) (Local Enactments) (No. 2) Order 1992 and shall come into force on 2nd December 1992.
Modification to the Hereford City Council Act 1985
2
In the Hereford City Council Act 1985 section 9 (registration of eating houses) shall cease to have effect and accordingly is repealed.
Modification to the Middlesex County Council Act 1950
3
In the Middlesex County Council Act 1950 —
a
in section 3 the definition of “food” shall be omitted; and
b
section 11 (registration of food businesses) shall cease to have effect and accordingly is repealed.
Revocation of provisions contained in the Local Law (North West London Boroughs) Order 1965
4
The Local Law (North West London Boroughs) Order 1965 shall be amended as follows:
a
In Head III of Part I of Schedule 1 (which contains amendments to the Middlesex County Council Act 1950 consequent upon the creation of the North West London Boroughs and the abolition of the county of Middlesex) —
i
sub-paragraph (1)
of paragraph 1 (which amends the definition of “food” in that Act), and
ii
paragraph 2 (which contains transitional provisions relating to the application of section 11 of that Act) shall be omitted; and
b
in Schedule 2 in the entry relating to the Middlesex County Council Act 1950 the words “section 11” shall be omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 5th day of November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Cumberledge
Parliamentary Under-Secretary of State,
Department of Health
5th November 1992
David Hunt
Secretary of State for Wales
5th November 1992


text:
1
This Order may be cited as the Education (Charlotte Mason College of Education Higher Education Corporation) (Dissolution) Order 1992 and shall come into force on 1st September 1992.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the Corporation” means Charlotte Mason College of Education Higher Education Corporation.
3
1
The Corporation is dissolved.
2
The property, rights and liabilities of the Corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in the University of Lancaster.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st September 1992 by the Corporation to work solely at the institution conducted by the Corporation as if the references in that section —
a
to the transfer date were to 1st September 1992;
b
to the transferor authority were to the Corporation; and
c
to the corporation were to the University of Lancaster.
John Patten
Secretary of State for Education
27th July 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashford Hospitals National Health Service Trust (Change of Name) Order 1992 and shall come into force on 21st December 1992.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Ashford Hospitals National Health Service Trust (Establishment) Order 1991 ; and
“ the trust ” means the National Health Service trust established by the Order.
Changes of name of NHS Trust
2
1
The trust shall be called the Ashford Hospital National Health Service Trust instead of the Ashford Hospitals National Health Service Trust and accordingly in article 1 of the Order in the definition of “the trust” and in article 2 of the Order for the word “Hospitals” there shall be substituted the word “Hospital”.
2
In article 3(2) of the Order the words “and associated hospitals” shall be omitted.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
15th December 1992