text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Waste Management Licensing (Amendment etc.) Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations, unless the context otherwise requires —
“the 1990 Act ” means the Environmental Protection Act 1990;
“the 1991 Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 ; and
“the Principal Regulations ” means the Waste Management Licensing Regulations 1994 .
Amendment of the Controlled Waste Regulations 1992
2
1
In paragraph (2) of each of regulations 3 and 7 of the Controlled Waste Regulations 1992 (scrap metal not to be treated as household or, as the case may be, industrial or commercial waste for the purposes of section 34 of the 1990 Act), for the words from “the day appointed” to the end of the paragraph there shall be substituted “1st October 1995”.
2
In regulation 7(1)(c) of the Controlled Waste Regulations 1992 (septic tank sludge in certain circumstances not to be treated as industrial or commercial waste), for “in accordance with” there shall be substituted “on agricultural land within the meaning of”.
3
Regulation 9(1)(a) of the Controlled Waste Regulations 1992 (exceptions in certain cases from section 33(1) of the 1990 Act) is hereby revoked.
Amendment of the Waste Management Licensing Regulations 1994
3
1
The Principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
After regulation 1(6), there shall be added the following paragraph —
7
The provisions of section 160 of the 1990 Act shall apply to —
a
the service or giving of any notice required or authorised by these Regulations to be served on or given to a person; or
b
the sending or giving of any document required or authorised by these Regulations to be sent or given to a person,
as if the service or giving of any such notice or, as the case may be, the sending or giving of any such document, was required or authorised by or under that Act.
.
3
For regulation 12, there shall be substituted —
Mobile plant
12
1
Plant of the following descriptions, if it is designed to move or be moved by any means from place to place with a view to being used at each such place or, if not so designed, is readily capable of so moving or being so moved, but no other plant, shall be treated as being mobile plant for the purposes of Part II of the 1990 Act —
a
an incinerator which is an exempt incinerator for the purposes of Section 5.1 of Schedule 1 to the 1991 Regulations;
b
plant for —
i
the recovery, by filtration or heat treatment, of waste oil from electrical equipment; or
ii
the destruction by dechlorination of waste polychlorinated biphenyls or terphenyls ( PCBs or PCTs );
c
plant for the vitrification of waste;
d
plant for the treatment by microwave of clinical waste.
2
For the purposes of paragraph (1)(d) above, “clinical waste” has the meaning given by regulation 1(2) of the Controlled Waste Regulations 1992.
.
4
In regulation 16(1)(a), before “recovery or disposal” there shall be inserted “deposit in or on land,”.
5
After regulation 17(1), there shall be inserted the following paragraph —
1A
Paragraph (1) above does not apply to the carrying on of an exempt activity falling within paragraph 45(1), (2) or (5) of Schedule 3 where the carrying on of that activity is authorised by a waste management licence granted upon an application made after 31st March 1995 under section 36 of the 1990 Act.
.
6
In regulation 17(2), for “40 or 41” there shall be substituted “40, 41 or 45”.
7
In regulation 18(1), for “paragraph (7)” there shall be substituted “paragraphs (1A), (1B) and (7)”.
8
After regulation 18(1), there shall be inserted the following paragraphs —
1A
In the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3, paragraph (1) above shall have effect as if “30th September 1995” were substituted for “31st December 1994”.
1B
Paragraph (1) above shall not apply in the case of an exempt activity to which a resolution under section 54 of the 1990 Act relates and which is carried on in accordance with the conditions, specified in the resolution, which relate to it.
.
9
At the beginning of regulation 18(4) there shall be inserted “Subject to paragraphs (4A) and (4B) below,”.
10
After regulation 18(4), there shall be inserted the following paragraphs —
4A
Paragraph (4) above shall not apply in the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3 and, in such a case, the appropriate registration authority shall enter the relevant particulars in the register in relation to an establishment or undertaking only if —
a
it receives notice of them in writing;
b
that notice is provided to it by that establishment or undertaking;
c
that notice is accompanied by a plan of each place at which any such exempt activity is carried on showing —
i
the boundaries of that place;
ii
the locations within that place at which the exempt activity is to be carried on;
iii
the location and specifications of any such impermeable pavements, drainage systems or hardstandings as are mentioned in paragraph 45(1)(c) or (2)(f) or (g) of Schedule 3; and
iv
the location of any such secure containers as are mentioned in paragraph 45(2)(e) of Schedule 3;
and
d
that notice is also accompanied by payment of a fee of £300 in respect of each place where any such exempt activity is carried on.
4B
Where any fee payable under paragraph 45(3)(d) of Schedule 3 is not received by the appropriate registration authority within 2 months of the due date for its payment as ascertained in accordance with paragraph 45(4) of Schedule 3 —
a
in a case where the establishment or undertaking is registered for exempt activities falling within paragraph 45(1) or (2) in respect of only one place, or where it is so registered in respect of more than one place and the fee in respect of each such place is then unpaid, the registration of the establishment or undertaking shall be cancelled and the authority shall remove from its register the relevent entry in respect of the establishment or undertaking;
b
in any other case, the registration of the establishment or undertaking in respect of those activities shall be cancelled insofar as it relates to any place in respect of which the fee is then unpaid and the authority shall amend the relevant entry in its register accordingly,
and where the authority removes or amends an entry from or in its register by virtue of this paragraph it shall notify the establishment or undertaking in writing of the removal or amendment.
.
11
In regulation 18(6), for “not exceeding level 2 on the standard scale” there shall be substituted —
not exceeding —
a
in the case of an exempt activity falling within paragraph 45(1) or (2) of Schedule 3, level 2 on the standard scale; and
b
in any other case, £10.
12
In paragraph 5(1) of Schedule 3, after “used together with”, there shall be inserted “(whether or not it is operated simultaneously with)”.
13
In each of paragraphs 40 and 41 of Schedule 3, after sub-paragraph (1), there shall be inserted the following sub-paragraph —
1A
Sub-paragraph (1) above does not apply to the storage of waste at a place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles.
.
14
In paragraph 42(1)(a) of Schedule 3, for “1st May 1994” there shall be substituted “1st April 1995”.
15
In paragraph 43(2) of Schedule 3, for “30th April 1995” there shall be substituted “31st July 1995”.
16
At the end of Schedule 3 there shall be added the following new paragraphs —
44
1
Heating iron, steel or any ferrous-alloy, non-ferrous metal or non-ferrous metal alloy, in one or more furnaces or other appliances the primary combustion chambers of which have in aggregate a net rated thermal input of less than 0.2 megawatts, for the purpose of removing grease, oil or any other non-metallic contaminant.
2
Sub-paragraph (1) does not apply to the removal by heat of plastic or rubber covering from scrap cable or of any asbestos contaminant.
3
In the case of a process involving the heating of iron, steel or any ferrous-alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (h), or (j) to (m), of Part A or paragraphs (a) to (c), or (e) or (f), of Part B of Section 2.1 of Schedule 1 to the 1991 Regulations.
4
In the case of a process involving the heating of any non-ferrous metal or non-ferrous metal alloy, sub-paragraph (1) does not apply if that process is related to a process described in any of paragraphs (a) to (g), or (i) to (k), of Part A of Section 2.2 of Schedule 1 to the 1991 Regulations.
5
The secure storage of waste intended to be submitted to heating to which sub-paragraph (1) applies if the waste or, as the case may be, any container in which the waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.
6
In this paragraph, “net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal.
7
In this paragraph, “ferrous alloy” means an alloy of which iron is the largest constituent, or equal to the largest constituent, by weight, whether or not that alloy also has a non-ferrous metal content greater than any percentage specified in Section 2.2 of Schedule 1 to the 1991 Regulations, and “non-ferrous metal alloy” shall be construed accordingly.
45
1
Subject to sub-paragraph (3) below, the carrying on, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, in respect of a kind of waste described in Table 4A, of any of the activities specified in that Table in relation to that kind of waste if —
a
the total quantity of any particular kind of waste so dealt with at that place does not in any period of seven days exceed the limit specified in relation to that kind of waste in that Table;
b
the activity is carried on with a view to the recovery of the waste (whether or not by the person carrying on the activity listed in that Table);
c
every part of that place upon which the activity is carried out is surfaced with an impermeable pavement provided with a sealed drainage system; and
d
the plant or equipment used in carrying on the activity is maintained in reasonable working order.
Table 4A
Kind of Waste Activities Seven day limit
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys) Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment 8,000 tonnes The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys) Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment 400 tonnes Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories Sorting; grading; baling; shearing by manual feed; compacting; crushing; cutting by hand-held equipment 300 tonnes Motor vehicles (including any substance which is special waste and which forms part of, or is contained in, a vehicle and was necessary for the normal operation of the vehicle) Dismantling, rebuilding, restoring or reconditioning, but, in relation to lead acid batteries, only their removal from motor vehicles 40 vehicles Lead acid motor vehicle batteries (including those whose contents are special waste), whether or not forming part of, or contained in, a motor vehicle Sorting (including removal from motor vehicles) 20 tonnes
2
Subject to sub-paragraph (3) below, the storage, at any secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles, of waste of a kind listed in Table 4B if —
a
the waste is to be submitted to any of the activities specified in Table 4A in relation to that kind of waste, or to a recycling or reclamation operation authorised by a waste management licence or an authorisation under Part I of the 1990 Act;
b
the total quantity of waste of that kind stored at that place does not exceed the maximum total quantity specified in Table 4B in relation to that kind of waste;
c
no waste is stored at that place for a period exceeding 12 months;
d
each kind of waste is either stored separately or is kept in separate containers, but in a case where a consignment consisting of more than one kind of waste is delivered to that place it may be stored unseparated at that place pending sorting for a period not exceeding 2 months;
e
in the case of waste which is liquid or consists of motor vehicle batteries, it is stored in a secure container;
f
in the case of waste motor vehicles from which all fluids have been drained, they are, unless stored on a hardstanding, stored on an impermeable pavement;
g
subject to paragraph (f) above, the waste or, as the case may be, any container in which it is stored, is stored on an impermeable pavement which is provided with a sealed drainage system; and
h
the height of any pile or stack of waste does not exceed 5 metres.
Table 4B
Kind of waste Maximum total quantity
Ferrous metals or ferrous alloys in metallic non-dispersible form (but not turnings, shavings or chippings of those metals or alloys) 50,000 tonnes The following non-ferrous metals, namely copper, aluminium, nickel, lead, tin, tungsten, cobalt, molybdenum, vanadium, chromium, titanium, zirconium, manganese or zinc, or non-ferrous alloys, in metallic non-dispersible form, of any of those metals (but not turnings, shavings or chippings of those metals or alloys) 1,500 tonnes Turnings, shavings or chippings of any of the metals or alloys listed in either of the above categories 1,000 tonnes Motor vehicles (including any substance which is special waste and which forms part of, or is contained in, a vehicle and was necessary for the normal operation of the vehicle): — where any such vehicle is stored on a hardstanding which is not an impermeable pavement: 100 vehicles — where all such vehicles are stored on an impermeable pavement: 1,000 vehicles Lead acid motor vehicle batteries (including those whose contents are special waste) whether or not forming part of, or contained in, a motor vehicle 40 tonnes
3
Sub-paragraph (1) or (2) above only applies to the carrying on of an activity at a place if —
a
the person responsible for the management of that place —
i
has established administrative arrangements to ensure that —
A
waste accepted at that place is of a kind listed in Table 4A or, as the case may be, Table 4B; and
B
no waste is accepted at that place in such a quantity as would cause there to be a breach of any of the terms and conditions of the exemption;
and
ii
carries out a monthly audit to confirm compliance with the terms and conditions of the exemption;
b
the records required by paragraph 14 of Part I of Schedule 4 are kept in such a form as to show, for each month, the total quantity of each kind of waste recovered during that month at that place, and details of the total quantity of each kind of waste recovered at that place during the preceding 12 months are sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d) below;
c
an up to date plan of that place containing the details referred to in regulation 18(4A)(c)(i) to (iv) is sent annually to the appropriate registration authority with the annual fee referred to in paragraph (d) below; and
d
a fee of £100 is paid annually in respect of that place to the appropriate registration authority by the due date which shall be ascertained in accordance with sub-paragraph (4) below.
4
For the purposes of ascertaining the due date in any year for payment of the fee referred in sub-paragraph (3)(d) above in respect of any place —
a
the appropriate registration authority shall serve notice in accordance with the following provisions of this sub-paragraph on the establishment or undertaking from which notice has been received by the authority under regulation 18(4A) in respect of that place;
b
a notice required by paragraph (a) above shall be served not later than one month before the anniversary of the date when the notice, plan and fee referred to in regulation 18(4A) were received by the authority in respect of that place and shall specify —
i
the amount of the payment due,
ii
the method of payment,
iii
the date of such anniversary,
iv
that payment is due on that date or, if later, upon the day falling one month after the date of the notice, and
v
the effect of payment not being made by the date on which it is due,
and the due date for payment of the annual fee for that year by that establishment or undertaking in respect of that place shall be the date specified for payment in the notice.
5
The temporary storage of waste (in this sub-paragraph referred to as “the non-scrap waste”), pending its collection, at a secure place designed or adapted for the recovery of scrap metal or the dismantling of waste motor vehicles if —
a
the non-scrap waste is not of a kind described in Table 4B;
b
the non-scrap waste was delivered to that place as part of a consignment of waste of which —
i
at least 70 per cent by weight was waste consisting of waste motor vehicles; or
ii
at least 95 per cent by weight was waste of any kind described in Table 4B other than waste motor vehicles,and is capable of being separated from that waste by sorting or hand dismantling;
c
the non-scrap waste is stored at that place for no more than 3 months;
d
in a case where the non-scrap waste is liquid, it is stored in a secure container; and
e
the non-scrap waste or, as the case may be, the container in which the non-scrap waste is stored, is stored on an impermeable pavement which is provided with a sealed drainage system.
6
In Table 4A, “shearing” means the cold cutting of metal by purpose-made shears.
7
For the purposes of this paragraph and paragraph 44 above, “sealed drainage system”, in relation to an impermeable pavement, means a drainage system with impermeable components which does not leak and which will ensure that —
a
no liquid will run off the pavement otherwise than via the system; and
b
except where they may be lawfully discharged, all liquids entering the system are collected in a sealed sump.
.
17
At the beginning of paragraph 13(1) of Part I of Schedule 4, there shall be inserted “Subject to sub-paragraphs (3) to (5) below,”.
18
At the end of paragraph 13 of Part I of Schedule 4, there shall be added the following sub-paragraphs —
3
Subject to sub-paragraph (4) below, in a case where an establishment or undertaking is carrying on an exempt activity in reliance upon an exemption conferred by regulation 17(1) of, and paragraph 45(1) or (2) of Schedule 3 to, these Regulations, a competent authority which is a waste regulation authority shall discharge its duty under sub-paragraph (1) in respect of any place where such an activity is so carried on by —
a
carrying out an initial inspection of that place within two months of having received in respect of that place the notice, plan and fee referred to in regulation 18(4A); and
b
thereafter carrying out periodic inspections of that place at intervals not exceeding 12 months.
4
Where the notice, plan and fee referred to in paragraph (a) of sub-paragraph (3) above are received by the authority before 1st October 1995, that paragraph shall have effect as if for the reference to carrying out an initial inspection within two months of the receipt of such notice, plan and fee there were substituted a reference to carrying out such an inspection within nine months of their receipt.
5
In the case of any such place as is mentioned in sub-paragraph (3) above, but without prejudice to any duties of waste regulation authorities imposed otherwise than by this paragraph, sub-paragraph (1) above does not require (but does permit) a competent authority which is a waste regulation authority to carry out the periodic inspections referred to in sub-paragraph (3)(b) above at intervals of less than 10 months.
.
19
In paragraph 14(1) of Part I of Schedule 4, before “sub-paragraph (2) below” there shall be inserted “paragraph 45(3)(b) of Schedule 3 and”.
20
At the beginning of paragraph 14(2) of Part I of Schedule 4, there shall be inserted “Subject to sub-paragraph (3) below,”.
21
At the end of paragraph 14 of Part I of Schedule 4, there shall be added the following sub-paragraph —
3
Sub-paragraph (1) above does apply to an activity subject to an exemption conferred by regulation 17(1) of, and paragraph 45(1) or (2) of Schedule 3 to, these Regulations.
.
22
Paragraph 1(6) of Part I of Schedule 5 is hereby revoked.
Technical competence — transitional provisions
4
1
Where before 10th July 1995 a person has applied to the Waste Management Industry Training and Advisory Board for a certificate of technical competence and at any time in the 23 months ending on that date he acted as the manager of a facility of a type listed in Table 1 in the Principal Regulations for which the certificate is a relevant certificate, then, until 10th August 1999, regulation 4 of the Principal Regulations shall not apply to him in relation to either —
a
any facility of that type; or
b
a facility of any other type if —
i
the certificate is a relevant certificate for that other type of facility; and
ii
the entry for that other type of facility appears, in Table 1 in the Principal Regulations, after the entry in that Table for the type of facility in respect of which he acted as the manager,
and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to any such facility.
2
A person shall be treated as the manager of a facility for the purposes of paragraph (1) above if at the relevant time he was the manager of activities which were carried on at that facility and either —
a
those activities involved the recovery or disposal of waste as or as part of a process designated for central control under section 2(4) of the 1990 Act and were authorised by an authorisation granted under Part I of that Act; or
b
those activities involved the disposal of waste as or as part of a process designated for local control under section 2(4) of the 1990 Act and falling within paragraph (a) of Part B of Section 5.1 (incineration) of Schedule 1 to the 1991 Regulations and were authorised by an authorisation granted under Part I of that Act.
3
Where at any time in the 15 months ending on 31st July 1995 a person has acted as the manager of a facility the operation of which at that time was not in breach of section 33(1)(a) or (b) of the 1990 Act solely by virtue of the exemption provided by regulation 17 of, and paragraph 43 of Schedule 3 to, the Principal Regulations, then, until the date specified in paragraph (4) below, regulation 4 of the Principal Regulations shall not apply to him in relation to that facility and he shall be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to that facility.
4
The date referred to in paragraph (3) above as being specified in this paragraph is 31st July 1995 except in the following cases —
a
where the facility is of a type listed in Table 1 in the Principal Regulations, and the person has applied on or before 31st July 1995 to the Waste Management Industry Training and Advisory Board for a certificate of technical competence which is a relevant certificate, then the specified date is 10th August 1999;
b
where the facility is not of a type listed in Table 1 in the Principal Regulations, and an application is made on or before 31st July 1995 for a waste management licence which, if granted, would authorise the operation of the facility, then the specified date is the day after the day upon which the licence is granted or, if the application is (or is deemed to be) rejected, the day after —
i
the day on which the period for appealing expires without any appeal having been made; or
ii
the day on which any appeal is withdrawn or finally determined.
John Selwyn Gummer
Secretary of State for the Environment
7th February 1995
John Redwood
Secretary of State for Wales
4th February 1995
Hector Munro
Parliamentary Under Secretary of State, Scottish Office
8th February 1995


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Health (Ships and Aircraft) (Isle of Man) (Revocation) Order 1995 and shall come into force on 1st March 1995.
2
The Public Health (Aircraft) (Isle of Man) Order 1982 and the Public Health (Ships) (Isle of Man) Order 1982 are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Broadcasting (Independent Productions) (Amendment) Order 1995 and comes into force on the day after the day on which it is made.
2
Article 3 of the Broadcasting (Independent Productions) Order 1991 is amended as follows: —
1
in sub-paragraph (b) of paragraph (4), after “who” insert “, subject to paragraph (4A) below,” and for “15 per cent” substitute “25 per cent”;
2
for sub-paragraph (c) of paragraph (4), substitute: —
c
which is not a body corporate in which any one broadcaster has a shareholding greater than 25 per cent or in which any two or more broadcasters together have an aggregate shareholding greater than 50 per cent.
;
3
after paragraph (4), insert the following paragraph: —
4A
A shareholding greater than 25 per cent which a producer has in a broadcaster shall not have the effect that the producer is not an independent producer if —
a
the producer is incorporated under the laws of a state for the time being bound by the agreement on the European Economic Area signed at Oporto on 2 May 1992 or has his principal place of business in such a state; and
b
the television services which the broadcaster provides are provided exclusively for reception in states which are not for the time being bound by that agreement and are not received directly or indirectly in any state which is for the time being bound by that agreement.
In applying sub-paragraph (a) above no regard shall be had to persons connected with the producer by virtue of paragraph (5) below or to the state under the laws of which a person so connected is incorporated or the state in which a person so connected has his principal place of business.
;
4
in paragraph (5), after “(4) above” insert “and in paragraph (4A) above except as otherwise indicated”;
5
for paragraph (6), substitute the following paragraph: —
6
In paragraphs (4) and (4A) above, any reference however expressed to a person, or to two or more persons, having a shareholding in a body corporate greater than a percentage specified in that paragraph is a reference to the person or persons —
a
holding or being beneficially entitled to more than the specified percentage of shares in that body, or
b
possessing more than the specified percentage of voting power in that body.
For the purposes of this paragraph a person holds or is beneficially entitled to shares, or possesses voting power, in a body corporate whether he does so or is so entitled alone or jointly with one or more other persons and whether he does so or is so entitled directly or through one or more nominees.
;
6
at the end of the definition of “broadcaster” in paragraph (7), insert: —
but does not include a person who provides, in the United Kingdom or elsewhere, only a teletext service or any other service consisting wholly or mainly of visual images which are neither still pictures nor comprised within sequences of visual images capable of being seen as moving pictures, whether provided by broadcasting or by other means;
.
Virginia Bottomley
Secretary of State for National Heritage
20th July 1995


text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
2
1
In these Regulations —
“Part I scheme” means the occupational pension scheme constituted by Part I of the 1993 Act ;
“relevant date” means
in respect of a transfer out of the Part I scheme or the section 19 scheme, the qualifying member’s last day of service or, if later, the date on which a written application for the calculation of benefits for the purpose of transfer was received by the Treasury; and
in respect of a transfer in to the Part I scheme or the section 19 scheme, the date on which the transfer payment is received by the administrators;
“retirement benefits scheme” has the meaning given to it in section 611 of the 1988 Act ;
“section 19 scheme” means the occupational pension scheme constituted by section 19 of the 1993 Act;
“the 1988 Act” means the Income and Corporation Taxes Act 1988 ;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993.
2
Reference to a Table by number alone means the Table so numbered in Schedule 2 to these Regulations.
Application
3
The following regulations shall apply to the transfer of accrued benefits between a pension scheme which is not a judicial pension scheme and the Part I scheme and section 19 scheme under Schedule 2 of the 1993 Act.
Calculation of market level adjustment
4
1
For the purposes of regulations 6, 7, 14 and 15 the market level adjustment figure (“ MLA ”) shall be calculated using the formula A × B + (1 – A) × C rounded up to four decimal places where —
a
A is the decimal part of the yield on index-linked stocks;
b
B is the adjustment factor set out in the Table which is applicable to the qualifying member’s age last birthday as at the relevant date and which appears under the heading of that full percentage figure immediately above the percentage figure for the yield on index-linked stocks; and
c
C is the adjustment factor set out in the Table which is applicable to the qualifying member’s age last birthday as at the relevant date and which appears under the heading of that full percentage figure which is equal to or immediately below the percentage figure for the yield on index-linked stocks.
2
In this Regulation —
“the Table” means, in respect of a transfer out of the Part I scheme Table 1 and, in respect of a transfer out of the section 19 scheme, Table 2;
“the yield on index-linked stocks” means the real yield to redemption on the Financial Times-Actuaries Index of index-linked Government securities with 5 or more years to redemption assuming 5% inflation, in respect of the first working day of the month in which the relevant date falls as published in the Financial Times.
PART II
TRANSFERS OUT OF THE PART I SCHEME OR SECTION 19 SCHEME
Requirements to be satisfied by schemes etc.
5
The requirements to be satisfied by an occupational or personal pension scheme, annuity or other pension arrangement referred to in paragraph 6(2) of Schedule 2 to the 1993 Act are —
a
where the cash equivalent mentioned in paragraph 5 of Schedule 2 to the 1993 Act is attributable to a Part I scheme, that it is —
i
a retirement benefits scheme which has been approved or for which approval is sought under Chapter I, Part XIV of the 1988 Act, or a relevant statutory scheme as defined by section 611A of the 1988 Act; or
ii
a personal pension scheme as defined by section 630 of the 1988 Act which has been approved under Chapter IV , Part XIV of the 1988 Act; or
iii
an annuity contract approved for the purposes of sections 431(4)(d) or (e) or 591(2)(g) of the 1988 Act; or
iv
a fund to which section 608 of the 1988 Act applies; or
b
where the cash equivalent is attributable to a section 19 scheme, that it does not fall within paragraph (a).
Part I scheme: Calculation of cash equivalents
6
1
The cash equivalent of accrued benefits on a transfer out of the Part I scheme shall be calculated in accordance with the formula —
a
MLA × (p × P + l × L + w × SF − (2 × g78 + g88) × GMP) in respect of a qualifying member who is married at the date of leaving the Part I scheme;
b
MLA × (p × P + l × L + (g78 + 2 × g88) × SF − (2 × g78 + g88) × GMP) in respect of a qualifying member who is male and unmarried at the date of leaving the Part I scheme; or
c
MLA × (p × P + l × L + g88 × SF − (2 × g78 + g88) × GMP) in respect of a qualifying member who is female and unmarried at the date of leaving the Part I scheme.
2
For the purpose of the calculations in paragraph (1) —
a
p is the accrued annual pension under the Part I scheme of the qualifying member, together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the Part I scheme and the relevant date;
b
P is the pension factor set out in Table 3 applicable to the qualifying member’s age last birthday as at the relevant date;
c
l is the accrued lump sum under the Part I scheme of the qualifying member (less any deductions in respect of unpaid contributions made under the Judicial Pensions (Contributions) Regulations 1995 ), together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the Part I scheme and the relevant date;
d
L is the lump sum factor set out in Table 3 applicable to the qualifying member’s age last birthday as at the relevant date;
e
w is the accrued annual spouse’s pension under the Part I scheme of the qualifying member, together with pensions increases under the Pensions (Increase) Acts 1971 and 1974 and the Pensions (Increase) Act (Northern Ireland) 1971 between the date of leaving the Part I scheme and the relevant date;
f
SF is the spouse’s factor appropriate to the qualifying member’s age last birthday as at the relevant date set out under the heading —
i
WM in Table 3 where the qualifying member is married at the date of leaving the Part I scheme;
ii
GSM in Table 3 where the qualifying member is male and unmarried at the date of leaving the Part I scheme;
iii
GSF in Table 3 where the qualifying member is female and unmarried at the date of leaving the Part I scheme;
g
g78 is the guaranteed minimum pension per annum accrued prior to 6th April 1988, together with increases under section 148 of the Social Security Administration Act 1992 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 in the period between leaving the Part I scheme and the relevant date;
h
g88 is the guaranteed minimum pension per annum accrued on or after 6th April 1988, together with increases under section 148 of the Social Security Administration Act 1992 or section 130 of the Social Security Administration (Northern Ireland) Act 1992 in the period between leaving the Part I scheme and the relevant date;
i
GMP is the guaranteed minimum pension factor applicable to the qualifying member’s age last birthday as at the relevant date set out under the heading —
i
GM in Table 3 where the qualifying member is male; and
ii
GF in Table 3 where the qualifying member is female.
3
Where the qualifying member is transferring to a pension scheme which is not a contracted-out scheme the amount of the cash equivalent to be transferred shall be reduced by the amount of any state scheme premium payable under Part III, Chapter III of the Pension Schemes Act 1993 or Part III, Chapter III of the Pension Schemes (Northern Ireland) Act 1993 .
Section 19 scheme: calculation of cash equivalents
7
1
The cash equivalent of accrued benefits on a transfer out of the section 19 scheme shall be calculated in accordance with the formula —
a
MLA × (p × PP + l × LL + w × WMM) in respect of a qualifying member who is married at the date of leaving the section 19 scheme; or
b
MLA × (p × PP + l × LL) in respect of a qualifying member who is unmarried at the date of leaving the section 19 scheme.
2
For the purpose of the calculations in paragraph (1) —
a
p, l and w shall have the meanings given to them in regulation 6 except that references to the Part I scheme shall be taken to be references to the section 19 scheme;
b
PP is the pension factor set out in Table 4 applicable to the qualifying member’s age last birthday as at the relevant date;
c
LL is the lump sum factor set out in Table 4 applicable to the qualifying member’s age last birthday as at the relevant date; and
d
WMM is the spouse’s factor set out in Table 4 applicable to the qualifying member’s age last birthday as at the relevant date.
Delayed payments
8
Where the transfer payment is, without good reason, not made within 6 months of the relevant date, the transfer payment shall be the greater of —
a
the value of the cash equivalent as at the relevant date increased with interest on a daily basis over the period from the relevant date to the date of payment at the rate set out in regulation 4(4) of the Occupational Pensions Scheme (Transfer Values) Regulations 1985 or regulation 4(4) of the Occupational Pensions Scheme (Transfer Values) Regulations (Northern Ireland) 1985 as amended from time to time; and
b
the value of the cash equivalent recalculated as if the date of payment had been the relevant date.
Minimum values
9
1
The transfer payment out of the Part I scheme or the section 19 scheme shall not be less than the total of any previous transfer payments into that scheme together with, in the case of the Part I scheme, the total contributions of the qualifying member during his membership of the scheme but excluding any voluntary contributions made under the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 .
2
The value of the transfer payment referred to in paragraph (1) shall be calculated exclusive of any compound interest that may be payable in respect of the transfer payments received or the contributions of the qualifying member.
PART III
TRANSFER INTO THE PART I SCHEME AND SECTION 19 SCHEME
Limits on the amount of payments
10
In respect of payments into a scheme under paragraph 11(1) of Schedule 2 to the 1993 Act there shall be no limit on the amount that the Minister may accept into the Part I scheme or section 19 scheme.
Qualifying schemes
11
For the purposes of paragraph 11(3) of Schedule 2 to the 1993 Act, the requirements to be met by a qualifying scheme are —
a
in relation to a transfer in to a Part I scheme those set out in sub-paragraphs (i) to (iv) of regulation 5(a); and
b
in relation to a transfer in to a section 19 scheme that set out in regulation 5(b).
Manner of accepting payment
12
Payments into the Part I scheme shall be made direct from the trustees or administrators of the qualifying scheme and in no other manner.
Benefits to be provided
13
The benefits to be provided to a member in respect of the transfer payment into the Part I scheme or the section 19 scheme shall be —
a
an annual pension payable to the member from the same date and at the same intervals as his pension under the Part I scheme; and
b
derivative benefits payable at the same intervals and to the same persons as the benefits under the Part I scheme are payable.
Part I scheme: Calculation of pension credit
14
1
This regulation and regulation 15 apply for the purposes of calculating the annual pension and derivative benefits to be provided to the qualifying member to reflect the transfer payment into the Part I or section 19 scheme (“the pension credit”).
2
In this regulation —
a
the guaranteed minimum pension used in the calculations shall be that provided by the Department of Social Security or, in relation to Northern Ireland, the Department of Health and Social Services which correspond to the application of revaluation orders under section 148 of the Social Security Administration Act 1992 or section 130 of the Social Security Administration (Northern Ireland) Act 1992.
b
the transfer payment shall include the amount of any limited revaluation premium (as defined in section 55 of the Pension Schemes Act 1993 and section 51 of the Pension Schemes (Northern Ireland) Act 1993) paid by a previous scheme.
3
The pension credit in respect of a transfer into the Part I scheme shall be calculated in accordance with the formula —
a
TP / MLA + ( 2 × g78 + g88 ) × GMP
P + 2¼ × L + ½ × SF1
in respect of a member who is married at the relevant date; or
b
TP / MLA − ( g78 + 2 × g88 ) × SF2 + ( 2 × g78 + g88 ) × GMP
P + 2¼ × L + ½ × SF1
in respect of a member who is male and unmarried at the relevant date; or
c
TP / MLA − g88 × SF2 + ( 2 × g78 + g88 ) × GMP
P + 2¼ × L + ½ × SF1
in respect of a member who is female and unmarried at the relevant date.
4
For the purposes of the calculations in paragraph (3) —
a
P is the pension factor set out in Table 5 applicable to the member’s age last birthday as at the relevant date;
b
L is the lump sum factor set out in Table 5 applicable to the member’s age last birthday as at the relevant date;
c
SF1 is the spouse’s factor applicable to the member’s age last birthday as at the relevant date set out under the heading —
i
WM in Table 5 where the member is married at the relevant date;
ii
WS in Table 5 where the member is unmarried at the relevant date.
d
SF2 is the spouse’s factor applicable to the member’s age last birthday as at the relevant date set out under the heading —
i
GSM in Table 5 where the member is male and unmarried at the relevant date; and
ii
GSF in Table 5 where the member is female and unmarried at the relevant date.
e
g78 is the guaranteed minimum pension per annum accrued prior to the 6th April 1988;
f
g88 is the guaranteed minimum pension per annum accrued on or after 6th April 1988;
g
GMP is the guaranteed minimum pension factor applicable to the member’s age last birthday as at the relevant date set out under the heading —
i
GM in Table 5 where the member is male; and
ii
GF in Table 5 where the member is female.
h
TP is the transfer payment from the scheme from which the member is transferring.
5
The lump sum credit shall be 2 ¼ × pension credit.
6
The spouse’s pension credit shall be ½ × pension credit.
7
The children’s pension credit shall bear the same proportion to the pension credit as the children’s pensions bear to the deceased’s judicial pension under section 8 of the 1993 Act.
Section 19 scheme: Calculation of pension credit
15
1
The pension credit to be made in respect of a transfer into the section 19 scheme shall be calculated in accordance with the formula —
TP / MLA
PP + 2¼ × LL + ½ × SF
where —
PP is the pension factor set out in Table 6 applicable to the member’s age last birthday as at the relevant date;
LL is the lump sum factor set out in Table 6 applicable to the member’s age last birthday as at the relevant date;
SF is the spouse’s factor applicable to the member’s age last birthday as at the relevant date set out under the heading —
WMM in Table 6 where the member is married at the relevant date; and
WSS in Table 6 where the member is unmarried at the relevant date.
TP is the transfer payment from a source other than a scheme referred to in regulation 5(a) from which the member is transferring.
2
The lump sum credit shall be ¼ × pension credit.
3
The spouse’s pension credit shall be ½ × pension credit.
4
The children’s pension credit shall bear the same proportion to the pension credit as the children’s pensions bear to the deceased’s judicial pension under section 8 of the 1993 Act.
Refusal to accept
16
Where the pension credit available to be transferred into the Part I scheme is less than twice the aggregate accrued annual rate of the guaranteed minimum pension of the member at the relevant date, the transfer payment shall be rejected.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
Commencement and citation
1
This Order may be cited as the A12 Trunk Road (Redbridge and Barking and Dagenham) Red Route (Clearway) Traffic Order 1995, and shall come into force on 9th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No. 3 and The Barking (Waiting and Loading Restriction) Order 1977 are hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Redbridge Waiting and Loading Restriction Consolidation Order 1993 Traffic Management Order 1993/LBR No. 3 and The Barking (Waiting and Loading Restriction) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Amendment No. 2) Regulations 1995 and shall come into force on 23rd January 1996.
2
In these Regulations, “the principal Regulations ” means the Dual-Use and Related Goods (Export Control) Regulations 1995 .
2
1
In regulation 3(2)(a)(iii)(aa) of the principal Regulations, after the word “exporter” there shall be inserted the words “(or, if the exporter is not within the United Kingdom, any agent of his within the United Kingdom concerned in the exportation or intended exportation)”.
2
For paragraph (4) of regulation 3 of the principal Regulations, there shall be substituted the following:
4
Any dual-use goods which are not of a description specified in Schedule 1 hereto, in relation to which a Community license has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community, not being goods which pass only through the territory of the Community within the meaning of Article 3(3) of the Regulation, may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that the appropriate authorities (after, if necessary, having had the impending exportation brought to their attention) might inform the exporter (within the meaning of the Regulation) as provided in Article 4(1) of the Regulation.
4A
Any goods, other than dual-use goods, in relation to which a licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as he has reason to believe that a competent authority (after, if necessary, having had the impending exportation brought to its attention) might inform the exporter (or his agent, as the case may be) as provided in paragraph (2)(a)(iii)(aa) above.
4B
Where either —
a
a Community licence has been granted by a competent authority in another member state for the export of any goods to any destination outside the European Community, or
b
goods of which the exporter (within the meaning of the Regulation) is established in a member state other than the United Kingdom but not in the United Kingdom are or have been detained under paragraph (4) above,
the Secretary of State may give notice to the proper officer of Customs and Excise that he considers that export of the goods would be contrary to the essential foreign policy or security interests or to the fulfilment of the international obligations or commitments of the United Kingdom; and in such a case, subject to any rights arising out of the second subparagraph of Article 10(4) of the Regulation (goods to be put at disposal of exporter), and notwithstanding, in a case falling within subparagraph (a) above, the grant of the licence therein referred to, such export is prohibited.
3
In regulation 11(1) of the principal Regulations, for the words “regulation 3(2) or (4)” there shall be substituted the words “regulation 3(2) or (4B)”.
4
In regulation 12(1) of the principal Regulations, after the words“regulation 3(2)” there shall be inserted the words “or (4B)”.
5
In regulation 13(3) of the principal Regulations, after the words “Regulation (3)(2)(a)(iii)” there shall be inserted the words “and (4A)”.
6
Regulation 3(3) of the Dual-Use and Related Goods (Export Control) (Amendment) Regulations 1995 is revoked.
Phillip Oppenheim
Minister for Company Affairs,
Department of Trade and Industry
19th December 1995


text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
These Regulations may be cited as the Escape and Rescue from Mines Regulations 1995 and shall come into force on 28th December 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1992 Regulations ” means the Management of Health and Safety at Work Regulations 1992 ;
“the 1993 Regulations ” means the Management and Administration of Safety and Health at Mines Regulations 1993 ;
“breathing apparatus” means apparatus designed for use in rescue operations in mines which is of a self-contained closed-circuit type, whereby the concentration of carbon-dioxide in the exhaled air is reduced and the concentration of oxygen increased prior to reinhalation, and is used either with a full facepiece or with a mouthpiece and noseclip;
“ the Commission ” means the Health and Safety Commission;
“emergency accommodation” shall be construed in accordance with regulation 5;
“emergency instructions” shall be construed in accordance with regulation 11;
“emergency plan” shall be construed in accordance with regulation 4;
“emergency situation” means a situation which renders necessary either or both the evacuation and rescue of persons from a mine;
“ the Executive ” means the Health and Safety Executive;
“firedamp” means any flammable gas or any flammable mixture of gases occurring naturally in a mine;
“fresh air base” means a place where the air is respirable as near as practicable to the place in which rescue work has to be carried out;
“irrespirable atmosphere” means an atmosphere which it is unsafe for a person to breathe as a result of either oxygen depletion or the presence of toxic fumes or gases;
“management structure” shall be construed in accordance with regulation 10 of the 1993 Regulations;
“manager” means, in relation to any mine, the person appointed under regulation 8 of the 1993 Regulations as the manager of that mine, and in relation to a part of a mine the person appointed under regulation 15 of those Regulations as the manager of that part;
“mine” means a mine within the meaning of the 1954 Act;
“mine rescue scheme” means any scheme or other arrangements the participants in which are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from below ground at a mine;
“owner” means any owner within the meaning of subsection 181(1) or (4) of the 1954 Act;
“safe haven” means a place below ground at a mine which is provided with facilities such that persons may wait there in safety to be rescued;
“self-rescuer” means respiratory protective equipment designed for use while escaping from a mine;
“tourist mine” means a mine the principal activity of which is to demonstrate the mine or the workings of the mine, to persons not employed at the mine, rather than the getting of minerals or the products of minerals.
2
In these Regulations, unless the context otherwise requires–
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears.
Application of these Regulations
3
1
Except where otherwise expressly provided, these Regulations shall apply to all mines.
2
Subject to paragraph (3), Part IV of these Regulations shall apply to–
a
a mine of coal;
b
any other mine containing zones below ground in which firedamp whether or not normally present is likely to occur in a quantity sufficient to indicate danger; or
c
any other mine where an irrespirable atmosphere is likely to occur below ground in a quantity requiring the use of breathing apparatus.
3
Regulations 12(2), 13 and 14 together with Part IV of these Regulations shall not apply to a tourist mine.
PART II
ESCAPE AND EMERGENCY ORGANISATION
Emergency plan
4
1
The manager of every mine shall prepare and maintain a written plan (in these Regulations referred to as an “emergency plan”) setting out the action to be taken to effect safely and promptly the evacuation and rescue of persons from the mine should an emergency situation occur.
2
In preparing an emergency plan the manager shall have regard to any relevant risk assessment made in accordance with regulation 3 of the 1992 Regulations.
3
The manager shall make a thorough review of the emergency plan–
a
whenever–
i
there is reason to suspect that the emergency plan is no longer appropriate; or
ii
there has been a significant change either in the matters to which the emergency plan relates, or in the ownership or operation of the mine; or
iii
the risk assessment referred to in paragraph (2) is reviewed; or
iv
the plan has been put into action; and
b
in any event at least once every twelve months.
4
Where as a result of any such review any change to the emergency plan or to the action to be taken under it is required the manager shall make such change and shall keep a record of any action taken as a result.
5
The manager shall–
a
ensure that the appropriate action set out in the emergency plan is taken should an emergency situation occur; and
b
keep, readily available at the mine, a sufficient number of copies of the emergency plan as amended from time to time.
Emergency accommodation
5
1
The owner of every mine shall provide on the surface at the mine suitable accommodation which is sufficient for any persons who may be engaged in the rescue of persons from below ground or practising such work and located near to a shaft or entrance which gives convenient access to all parts of the mine.
2
The manager of every mine shall appoint a competent and suitably experienced person to be in charge of the emergency accommodation.
Emergency equipment
6
1
The owner of every mine shall make effective arrangements to ensure that appropriate equipment is promptly available for use at all times in any operation involving escape or rescue from the mine.
2
The manager of every mine shall take effective steps to ensure that the equipment referred to in paragraph (1) is maintained in good condition and ready for use at all times and is stored in an easily accessible place.
Mine plans for emergency use
7
The owner of every mine shall keep readily available at the mine a sufficient number of plans of the workings of the mine which are suitable for use in an emergency situation.
Warning and other communication systems
8
1
The owner of every mine shall establish and maintain the necessary warning and other communication systems to enable assistance, escape and rescue operations to be launched forthwith if necessary.
2
The manager of every mine shall ensure that in the event of an emergency situation occurring at the mine the warning and communication systems referred to in paragraph (1) are put into operation forthwith.
Access in an emergency situation
9
The manager of every mine shall take effective steps to ensure that in the event of an emergency situation occurring at the mine only persons authorised by the manager or by a member of the management structure of the mine go below ground at the mine or enter an affected area on the surface and that an accurate record of the names of such persons is kept.
Arrangements for escape
10
1
The owner of every mine shall provide–
a
where necessary suitable self-rescuers for all persons going below ground at the mine; and
b
where necessary safe havens or facilities for the exchange and recharge of self-rescuers.
2
The manager shall ensure that–
a
every person issued with a self-rescuer under paragraph (1) has been instructed how to use it and does not go below ground without it; and
b
the self-rescuers are checked regularly, are maintained in good condition and are stored in a suitable place at the mine.
3
Every person at a mine who is provided with a self-rescuer shall keep the self-rescuer with him and available for use at all times when he is below ground at the mine.
Training and information
11
1
The manager of every mine shall ensure that–
a
all persons who work at the mine are trained in the appropriate actions to be taken in the event of an emergency situation occurring at the mine and in the use of equipment to be used in an emergency situation and shall ensure that practices of the actions are held at regular intervals; and
b
all other persons who go below ground at the mine receive information on the appropriate actions to be taken in the event of an emergency situation occurring at the mine and in the use of equipment to be used in an emergency situation.
2
The manager of every mine shall ensure that each person who works at the mine receives appropriate written instructions and information on the actions to be taken in the event of an emergency situation occurring at the mine as is appropriate having regard to the provisions of the emergency plan.
3
The manager of every mine shall ensure that a copy of the emergency plan and the emergency instructions for the time being in force shall be kept in the covered accommodation provided at the mine in accordance with regulation 36 of the 1993 Regulations.
4
Every person at work at the mine shall comply with the emergency instructions.
PART III
RESCUE GENERAL DUTIES
Effective arrangements for rescue
12
1
No mine shall be worked unless the owner has made effective arrangements suitable for the mine both–
a
for the rescue of persons from the mine; and
b
for the carrying out of work necessary to secure the health and safety of persons below ground in the mine in an emergency situation.
2
Without prejudice to the generality of paragraph (1)–
a
every owner of a mine of a type described in regulation 3(2) shall–
i
make effective arrangements to ensure that two rescue teams of five trained and fully equipped rescue team members are available to attend at the mine should an emergency situation requiring the use of breathing apparatus occur below ground at the mine;
ii
make effective arrangements to ensure that the rescue teams referred to in sub-paragraph (i) are capable of reaching the mine within sixty minutes of being notified of such an emergency situation occurring below ground at the mine; and
iii
secure that the rescue team members referred to in sub-paragraph (i) reach the mine within sixty minutes of being notified of such an emergency situation occurring below ground at the mine; and
b
every owner of a mine of coal shall make effective arrangements to ensure that sufficient trained and fully equipped rescue team members are available as required to provide a continuous twenty-four hour rescue service following an emergency situation occurring below ground at the mine.
Mines of coal
13
1
Without prejudice to the provisions of regulation 12, no mine of coal shall be worked unless the owner of the mine is a participant in a mine rescue scheme approved by the Secretary of State.
2
In paragraph (1) the reference to participating in a mine rescue scheme includes participating on terms so that the participants are entitled, in an emergency, to the services of persons with the expertise and equipment required for rescuing individuals from underground.
3
The Secretary of State shall only approve a mine rescue scheme if the scheme appears to the Secretary of State to be such as secures that it is reasonably practicable for every owner of a mine of coal who is required to do so to participate, on reasonable terms, in the scheme.
4
The Secretary of State shall only–
a
give approval to a mine rescue scheme after he has consulted with the Commission and any other persons whom he considers to be appropriate; and
b
withdraw his approval from a mine rescue scheme on the advice of the Commission and after he has consulted with any other persons whom he considers to be appropriate.
Inspection
14
1
The owner of every mine of coal shall make arrangements–
a
for any person designated under the relevant mine rescue scheme to inspect the emergency accommodation and equipment provided in accordance with regulations 5 and 6; and
b
for the person referred to in sub-paragraph (a) to be accompanied by a member of the management structure of the mine; and
c
for any defect or deficiency disclosed by the inspection to be reported to the manager of the mine.
2
The manager of every mine of coal shall–
a
provide the person referred to in sub-paragraph (1)(a) with a copy of the current emergency plan;
b
ensure that appropriate and prompt action is taken to remedy any defect or deficiency which is reported in accordance with sub-paragraph (1)(c); and
c
keep a record of the results of any inspection carried out in accordance with paragraph (1), of any defect or deficiency which is reported in accordance with sub-paragraph (1)(c) and of any action taken under sub-paragraph (2)(b).
PART IV
RESCUE TEAM AND CONDUCT OF RESCUE OPERATIONS
Rescue team
15
Each rescue team shall comprise five rescue team members one of whom shall be the rescue team captain.
Rescue team member
16
1
The manager of every mine shall, where there are suitable employees at the mine to act as rescue team members, select an appropriate number of them to so act and shall ensure that they are properly trained as rescue team members and are available to act in that capacity.
2
No person, whether an employee at a mine or otherwise, shall serve as a rescue team member unless he is suitably qualified and experienced and he has, within the last preceding twelve months,
a
been certified, by a suitably qualified and registered medical practitioner, after thorough examination to be fit to undertake rescue work using breathing apparatus; and
b
attended a suitable course of initial or further training and practice in rescue work and he has been certified, by the person in charge of the course, to be proficient and to be able to undertake rescue work with breathing apparatus.
Training in use of breathing apparatus
17
Only competent and suitably experienced persons may train rescue team members for rescue operations involving the use of breathing apparatus.
Medical examination in connection with breathing apparatus
18
1
Subject to paragraph (2) the manager of every mine shall ensure that–
a
rescue team members are examined by a suitably qualified and registered medical practitioner before each wearing of breathing apparatus in an irrespirable atmosphere other than such a wearing for training purposes; and
b
rescue team members do not wear breathing apparatus unless they are found fit to do so by the medical practitioner referred to in sub-paragraph (a).
2
Paragraph (1) shall not apply in any situation where the carrying out of an examination referred to in sub-paragraph (1)(a) would prejudice an attempt to save life.
Fitness to undertake rescue work
19
Each rescue team member shall report to the appropriate person at the mine if the rescue team member is aware of any reason why he may not be fit to undertake rescue work.
Records
20
The manager of every mine shall–
a
take effective steps to ensure that records of medical examinations and of training provided to the rescue team members who are employees at the mine are maintained; and
b
provide each such rescue team member with a document bearing a recent photograph of that rescue team member and setting out the results of the medical examinations undergone by that rescue team member and a summary of the training and practices undertaken by that rescue team member.
Rescue team captain
21
1
At all times during a rescue operation the rescue team shall be under the immediate control of the rescue team captain.
2
Every rescue team captain shall during a rescue operation direct the rescue team and use his best endeavours to secure its safety.
Rescue officer
22
1
Subject to paragraph (2) the manager of every mine shall ensure that any operation during which it is reasonably foreseeable that breathing apparatus could be required is undertaken under the direction of a rescue officer acting under the overall control of the manager.
2
Paragraph (1) shall not prevent rescue team members from carrying out operations wearing breathing apparatus in the absence of such a rescue officer in circumstances where in the opinion of the manager, which is reasonably held in the circumstances, a delay would endanger life.
Role of rescue officer
23
Every rescue officer or other person in charge of operations involving rescue team members wearing breathing apparatus shall work to secure the safety of rescue team members and to ensure that the operations are carried out with due regard to the safety of the rescue team members.
Manager to have regard to advice of rescue officers
24
The manager of every mine shall consult with the rescue officers during any operation which requires any member of a rescue team to wear breathing apparatus at the mine and shall give due consideration to any recommendation received from any of the rescue officers.
Qualification and experience of rescue officers
25
No person shall be permitted to serve as a rescue officer unless that person is a suitably experienced, competent and qualified individual.
Breathing apparatus
26
1
No person at a mine shall wear breathing apparatus unless trained and certified fit to do so in accordance with sub-paragraph (2)(a) of regulation 16.
2
The owner of every mine shall make effective arrangements to ensure that–
a
breathing apparatus is not issued for use or worn unless–
i
it is suitable for its intended purpose; and
ii
it has been properly maintained and regularly tested by an authorised competent person; and
b
breathing apparatus is stored in a suitable place.
3
The manager of every mine shall take effective steps to ensure that there is kept, in a suitable permanent form, a record of all testing, analysis, service and maintenance carried out on the breathing apparatus in pursuance of these Regulations.
4
Each rescue team member shall carry out a suitable test or examination on receiving breathing apparatus, before going underground and before going beyond any fresh air base and shall inform a rescue officer forthwith if in the opinion of the rescue team member the breathing apparatus is not in full working order.
5
A rescue officer informed that breathing apparatus is not in full working order under paragraph (4) shall either withdraw the breathing apparatus from service or rectify the fault and satisfy himself that the apparatus is in full working order.
Signals
27
1
In rescue work and training for rescue work the number of audible signals specified in the Schedule and no other shall be used between the members of a rescue team below ground for the purposes specified in relation thereto in the Schedule.
2
The signals referred to in paragraph (1) are to be effected by a whistle or other device which produces clearly audible signals.
PART V
MISCELLANEOUS
Power of Exemption
28
1
Subject to paragraph (2) the Executive may, by a certificate in writing, exempt any mine or class of mines or any person or class of persons from all or any of the prohibitions or requirements of these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Disapplication of section 157 of the 1954 Act
29
Section 157 of the 1954 Act shall not apply to any legal proceedings or prosecution which are based on an allegation of a contravention of these Regulations.
Defence in proceedings for contravention of regulation 12(2)(a)(iii)
30
In any proceedings against a person for an offence consisting of a contravention of regulation 12(2)(a)(iii) it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Transitional provisions
31
1
Subject to paragraph (3), in the case of every mine of coal which is not a tourist mine and at which ten or fewer persons are employed below ground it shall be sufficient compliance with the requirements of Part II of these Regulations if the requirements are complied with within 12 months from the date of coming into force of these Regulations (in this regulation referred to as the “transitional period”).
2
Subject to paragraph (3), in the case of every tourist mine and every mine which is not a mine of coal it shall be sufficient compliance with the requirements of these Regulations if they are complied with within the transitional period.
3
Where any mine of a type described in paragraph (1) or (2) is worked for the first time or reopened within the transitional period, those paragraphs shall cease to apply to the mine from the date on which the work or reopening commences.
Revocations
32
1
Regulations 12 to 37 of, and Schedules 1, 2 and 3 to the Coal and Other Mines (Fire and Rescue) Regulations, 1956 (“The 1956 Regulations”) are hereby revoked.
2
In regulation 1 of the 1956 Regulations the words “and Part IV thereof to every mine of coal or shale, other than a mine at which not more than ten persons are employed below ground,” shall be revoked.
3
In regulation 38 of the 1956 Regulations the definitions for “fresh air base” and “fully trained in rescue work” shall be revoked.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of Environment
31st October 1995


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1995, and shall come into force on 18th April 1995.
Interpretation
2
1
In this Order —
“British fishing boat” means a boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands;
“the Council Regulation” means Council Regulation ( EC ) No. 3362/94 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1995 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with any qualifying words relating to that provision in that column.
2
In this Order any reference to a document includes, in addition to a document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
1
Where there is, in respect of —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
To the extent that paragraph (1)(b) above relates to vessels flying the flag of Norway, this article shall apply to such vessels only until 31st March 1995.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
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 boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat 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 boat 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 boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat 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 article 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 article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order a British sea-fishery officer may exercise in relation to —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of his examination of it;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, may search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
9
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by articles 6 and 7 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Protection of officers
10
An officer or a person assisting him by virtue of article 6(2) or 7(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order 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, partnerships and unincorporated associations
11
1
Where any offence under article 3 of this Order 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 the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership 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 liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Proceedings
12
Proceedings for an offence under this Order may be taken, and the offence may for the purposes of the jurisdiction of the court to try offences, be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of documents
13
Any document required to be kept or held on board pursuant to Council Regulation (EC) No. 2847/93 establishing a control system applicable to the common fisheries policy shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
14
The Sea Fishing (Enforcement of Community Quota Measures) Order 1994 is hereby revoked, but without prejudice to the application of articles 6 to 10 of that Order in relation to the enforcement of article 3 of that Order.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th March 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
21st March 1995
Denton of Wakefield
Parliamentary Under Secretary of State for Northern Ireland
10th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1995 and shall come into force on 12th December 1995.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
In paragraph (2) of regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 —
a
at the end of sub-paragraph (a) there is added the word “and”; and
b
sub-paragraph (b) is revoked.
Saving provision
3
In a case where regulation 8(2)(b) of the Social Security (Invalid Care Allowance) Regulations 1976 applied immediately before the coming into force of these Regulations that regulation shall continue to apply during any period beginning with that date throughout which the conditions of that regulation are satisfied, as if regulation 2 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
14th November 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Quarries Miscellaneous Health and Safety Provisions Regulations 1995 and subject to paragraph (2) shall come into force on 26th October 1995.
2
Regulation 11 shall come into force on 26th July 1998 with respect to any workplace or part of a workplace, located either at a quarry or above ground at a mine, which is not
a
a workplace used for the first time after 26th October 1995; or
b
a modification, an extension or a conversion of a workplace carried out after 26th October 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1992 Regulations ” means the Management of Health and Safety at Work Regulations 1992 ;
“employer” includes the owner if he employs persons at work at the quarry;
“ the Executive ” means the Health and Safety Executive;
“health and safety document” shall be construed in accordance with regulation 4;
“mine” means a mine within the meaning of the 1954 Act;
“owner” means an owner within the meaning of section 181 of the 1954 Act;
“quarry” means a quarry within the meaning of the 1954 Act;
“workplace” shall have the same meaning as in Regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 but with the omission of the words “subject to paragraph 2”.
2
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
Save where the contrary intention appears, these Regulations shall apply to all quarries.
2
These Regulations shall apply to a self-employed person as they apply to an employer and as if that self-employed person were both an employer and a person at work.
The health and safety document
4
1
The owner of every quarry shall ensure that no work shall be carried out at the quarry unless a document (in these Regulations referred to as the “health and safety document”) has been prepared which —
a
demonstrates that the risks to which persons at work at the quarry are exposed have been assessed in accordance with regulation 3 of the 1992 Regulations;
b
demonstrates that adequate measures, including measures concerning the design, use and maintenance of the quarry and of its plant, will be taken to safeguard the health and safety of the persons at work at the quarry; and
c
includes a statement of how the measures referred to in sub-paragraph (b) will be co-ordinated.
2
In addition to the matters referred to in paragraph (1), the health and safety document shall where appropriate also include —
a
a plan detailing the equipment and measures required to protect persons at work at the quarry from the risk of explosion;
b
a fire protection plan detailing the likely sources of fire, and the precautions to be taken to protect against, to detect and combat the outbreak and spread of fire; and;
c
where toxic gases are or may be present in the atmosphere at the quarry, in such concentration that the atmosphere may be harmful to the health of persons at work, a plan detailing the protective equipment and measures required to protect persons at work at the quarry from the harmful atmosphere.
3
The owner shall ensure that the health and safety document is —
a
kept up to date and revised where necessary including, without limitation, if the quarry undergoes major changes (including natural changes), extensions or conversions; and;
b
made available to each employer of persons at work at the quarry.
4
The owner shall ensure that the measures identified in the health and safety document are taken and that any plans included in that document are followed.
Co-ordination
5
The owner shall co-ordinate the implementation of all measures relating to the health and safety of persons at work at the quarry.
Employers to co-operate with the owner
6
Every employer of persons at work at a quarry (other than the owner) shall co-operate with the owner to the extent requisite to enable the owner to comply with the relevant statutory provisions.
Notification of cessation at a quarry of coal
7
1
Without prejudice to the duty to give notice contained in section 139(2) of the 1954 Act the owner of every quarry of coal shall within three months of the date on which the quarry of coal was last worked for the purpose of getting minerals or products of minerals notify the Executive in writing of that fact and of the particulars set out in Schedule 1.
2
Where, in pursuance of paragraph (1), plans and other documents have been sent to the Executive they shall be retained by it or in accordance with arrangements approved by it.
Escape and rescue facilities at a quarry
8
The owner of every quarry shall ensure
a
that adequate means of escape and rescue are provided and maintained so as to permit persons at work to leave their place of work at the quarry promptly and safely in the event of danger; and
b
that adequate means of communication and warning are provided to enable assistance, escape and rescue operations to be launched at once when required.
Additional health and safety requirements
9
1
Subject to paragraph (2),
a
every employer of persons at work at a quarry shall ensure that the additional health and safety requirements set out in Part I of Schedule 2; and;
b
every owner of a quarry shall ensure that the additional health and safety requirements set out in Part II of Schedule 2
are in each case complied with as appropriate having regard to the features of the quarry, to the nature and circumstances of the work carried on there and to the provisions of the health and safety document.
2
The additional health and safety provisions referred to in paragraph (1) shall apply without prejudice to the requirements of the relevant statutory provisions relating to the quarry.
Health surveillance
10
1
An employer of a person at work at a quarry shall ensure that he is provided with such health surveillance as is appropriate; and where that person is assigned to the work after the date of coming into force of these Regulations, the health surveillance shall be commenced before he is so assigned.
2
In this regulation “appropriate” means appropriate having regard to the nature and magnitude of the risks to the safety and health of the persons created by the relevant work.
Modification of the Workplace (Health, Safety and Welfare) Regulations 1992
11
The provisions of the Workplace (Health, Safety and Welfare) Regulations 1992 specified in column 1 of Schedule 3 shall be modified as set out in the corresponding entry in column 2 of that Schedule.
Disapplication of section 157 of the 1954 Act
12
Section 157 of the 1954 Act (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by these Regulations.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
26th July 1995