text:
Title and commencement
1
These Regulations may be cited as the Food Labelling (Amendment) Regulations 1998 and shall come into force on 1st July 1998.
Amendment of the Food Labelling Regulations 1996
2
The Food Labelling Regulations 1996 shall be amended in accordance with regulations 3 to 17 of these Regulations.
3
In regulation 2(1) (interpretation) there shall be inserted after the definition of “confectionery product” the following definitions —
“Directive 79/112” means Council Directive 79/112/ EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as read in accordance with Schedule A1;
“Directive 87/250” means Commission Directive 87/250/EEC on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer;
“Directive 89/398” means Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses;
“Directive 90/496” means Council Directive 90/496/EEC on nutrition labelling for foodstuffs;
“Directive 94/54” means Commission Directive 94/54/ EC concerning the compulsory indication on the labelling of certain foodstuffs of particulars other than those provided for in Directive 79/112, as amended by Council Directive 96/21/EC ;
.
4
In regulation 3 (exemptions) there shall be substituted for paragraph (1) the following paragraphs —
1
Subject to paragraph (1A) of this regulation, these Regulations shall not apply in respect of —
a
any food to which the provisions of the EEA Agreement apply brought into Great Britain from an EEA State in which it was lawfully produced and sold;
b
any food lawfully produced in another member State brought into Great Britain from a member State in which it was lawfully sold; or
c
any food lawfully produced outside the European Community brought into Great Britain from a member State in which it was in free circulation and lawfully sold,
if —
i
the requirements of Article 2 of Directive 79/112 are met in respect of that food;
ii
that food is marked or labelled, in a language easily understood by the consumer, with the particulars provided for in Articles 3 and 4(2) of that Directive;
iii
the name of the food and any other descriptive information accompanying it is in accordance with Article 5(1) of that Directive; and
iv
where applicable, the requirements of Directive 87/250, Directive 89/398, Directive 90/496 and Directive 94/54 are met in respect of that food.
1A
Nothing in paragraph (1) of this regulation shall prevent the enforcement of —
a
regulation 44(1)(a) in relation to a contravention of regulation 31; or
b
regulation 44(1)(c), (d) or (e).
.
5
In regulation 4(2) (scope of Part II) in sub-paragraph (1) there shall be substituted for the words from“Council Regulation” to the end the words “Council Regulation (EC) No. 2200/96 on the common organisation of the market in fruit and vegetables”.
6
In regulation 5 (general labelling requirement) there shall be inserted after paragraph (b) the following paragraph —
bA
the quantity of certain ingredients or categories of ingredients;
.
7
In regulation 6 (name prescribed by law) —
a
in paragraph (3) there shall be inserted at the end the words “, unless such qualification is prohibited”;
b
after paragraph (3) there shall be inserted the following paragraph —
4
In paragraph (1) of this regulation and in regulations 7 and 8(a) and Schedule 1, “prescribed by law” means prescribed by European Community law or, in the absence of such law, by law in Great Britain.
.
8
In regulation 18(1) (foods which need not bear a list of ingredients) —
a
in sub-paragraph (e) the words from “any food” to “including” shall be omitted;
b
there shall be inserted after sub-paragraph (f) the following sub-paragraph —
;
g
any food consisting of a single ingredient, where —
i
the name of the food is identical with the name of the ingredient; or
ii
the name of the food enables the nature of the ingredient to be clearly identified
.
9
There shall be substituted for regulation 19 (ingredients given special emphasis: indication of minimum or maximum percentage of ingredients) the following regulation —
Quantities of certain ingredients or categories of ingredients
Indication of quantities of certain ingredients or categories of ingredients
19
1
Subject to paragraph (2) of this regulation, the quantity of an ingredient or category of ingredients used in the preparation of a food shall be indicated where —
a
that ingredient or category of ingredients appears in the name of the food or is usually associated with that name by the consumer;
b
that ingredient or category of ingredients is emphasised on the labelling in words, pictures or graphics; or
c
that ingredient or category of ingredients is essential to characterise a food and to distinguish it from products with which it might be confused because of its name or appearance.
2
Paragraph (1) of this regulation shall not apply —
a
in respect of an ingredient or category of ingredients —
i
the drained net weight of which is indicated in accordance with Article 8(4) of Directive 79/112;
ii
the quantities of which are already required to be given on the labelling under European Community provisions;
iii
which is used in small quantities for the purposes of flavouring; or
iv
which, though it appears in the name of the food, is not such as to govern the choice of the consumer because the variation in quantity is not essential to characterise the food or does not distinguish it from similar foods;
b
where specific European Community provisions stipulate precisely the quantity of an ingredient or category of ingredients without providing for the indication thereof on the labelling; or
c
in the cases referred to in regulation 13(5).
3
The indication of quantity of an ingredient or category of ingredients required by paragraph (1) of this regulation shall —
a
be expressed as a percentage, which shall be determined as at the time of use of the ingredient or category of ingredients in the preparation of the food; and
b
appear —
i
in or next to the name of the food, or
ii
in the list of ingredients in connection with the ingredient or category of ingredients in question.
.
10
In regulation 23 (food which is not prepacked and similar food, and fancy confectionery products), in paragraph (2) there shall be substituted for the words “regulations 32, 33 and 34; and” the words “regulations 32, 33 and 34.”.
11
In regulation 42 (misleading descriptions) there shall be inserted after paragraph (3) the following paragraph —
4
In calculating the percentage of milk fat in any cream for the purposes of paragraph (3) of this regulation and Part III of Schedule 8, any ingredient added to the cream shall be disregarded.
.
12
In regulation 47 (defence in relation to exports) there shall be substituted for paragraph (b) the following paragraph —
b
in the case of export to an EEA State, that the legislation complies with the provisions of Directive 79/112 and, where applicable, the provisions of Directive 87/250, Directive 89/398, Directive 90/496 and Directive 94/54.
.
13
In regulation 50 (transitional provision) there shall be inserted at the end the following paragraph —
4
In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that —
a
the food concerned was prepacked before 14th February 2000, and
b
the matters constituting the offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of the Food Labelling (Amendment) Regulations 1998, namely —
i
regulations 3 and 14 and the Schedule (in so far as they include in the definition of “Directive 79/112” a reference to European Parliament and Council Directive 97/4/EC ),
ii
regulation 4 (in so far as it substitutes a new regulation 3(1)(iii)), and
iii
regulations 6 to 9, 15 and 16,
had not been made when the food was prepacked.
.
14
There shall be inserted immediately before Schedule 1 the Schedule to these Regulations.
15
In Schedule 3 (generic names in list of ingredients) in the entry relating to starch there shall be inserted in column 3 (conditions of use of generic name) the following words —
In the case of a starch which may contain gluten, the generic name must be accompanied by an indication of the specific vegetable origin of the starch
.
16
In Schedule 4 (categories of additives which must be identified in a list of ingredients by their category name) in note 2 there shall be inserted, at the end, the following words —
In the case of a modified starch which may contain gluten, the category name must be accompanied by an indication of the specific vegetable origin of the starch.
.
17
In Part II of Schedule 6 (restricted claims), in the entry relating to reduced or low energy value claims there shall be inserted in column 2 (conditions) after paragraph 2 the following paragraph —
3
The food must be marked or labelled with the prescribed nutrition labelling.
.
Other amendments
18
1
In the Jam and Similar Products Regulations 1981 and the Jam and Similar Products (Scotland) Regulations 1981 there shall be inserted after the final regulation the following regulation numbered sequentially —
Defence in relation to quantitative ingredient labelling
In any proceedings for an offence under these Regulations where it is alleged that any food described at item 7, 8, 9 or 10 in column 2 of Schedule 1 was sold in con-travention of regulation 8(1), 8(2) or 9, it shall be a defence for the person charged to prove that the requirements of regulation 19 of the Food Labelling Regulations 1996 (indication of quantities of certain ingredients or categories of ingredients) were met in respect of the food concerned.
.
2
In the Meat Products and Spreadable Fish Products Regulations 1984 and the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 there shall be inserted after regulation 22 the following regulation —
Defence in relation to quantitative ingredient labelling
23
In any proceedings for an offence under these Regulations in respect of an alleged contravention of, or failure to comply with, any provision of regulation 7, 8 or 10, it shall, in so far as that provision conflicts with regulation 19 of the Food Labelling Regulations 1996 (indication of quantities of certain ingredients or categories of ingredients), be a defence for the person charged to prove that the requirements of the latter regulation were met in respect of the product concerned.
.
3
In the Food Safety (Temperature Control) Regulations 1995 , in regulation 2(1) (interpretation) there shall be inserted in the definition of “shelf life” after paragraph (b) the following paragraph —
c
in relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety;
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
31st May 1998
Signed by authority of the Secretary of State for Health:
Tessa Jowell
Minister of State for Public Health,
Department of Health
31st May 1998
Signed by authority of the Secretary of State for Wales:
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
2nd June 1998
Sam Galbraith
Parliamentary Under Secretary of State, Scottish Office
3rd June 1998


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Horse Passports (Amendment) Order 1998 and shall come into force on 19th October 1998.
Amendment to the Horse Passports Order 1997
2
In article 9 of the Horse Passports Order 1997 after “The keeper of a horse” there shall be inserted the words “born on or after 1st January 1998”.
Jeff Rooker
Minister of State Ministry of Agriculture, Fisheries and Food
9th September 1998
Sewel
Parliamentary Under Secretary of State Scottish Office
14th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State Welsh Office
22nd September 1998


text:
Citation and commencement
1
This Order may be cited as the Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Kingston upon Hull (Bransholme Area) Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the Kingston upon Hull (Bransholme Area) Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
either one or two additional members from persons who are members of the Joint Consultative Committee representing teaching and non-teaching staff; and
b
up to 8 other additional members as they think fit.
2
Any member appointed under sub-paragraph (1)(a) shall cease to hold office if he ceases to be a member of the Joint Consultative Committee referred to in that sub-paragraph.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Choice of Dental Practitioner) Regulations 1998 and shall come into force on 1st October 1998.
2
In these Regulations, unless the context otherwise requires–
“the 1977 Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“ dentist ” means a registered dental practitioner;
“the GDS Regulations ” means the National Health Service (General Dental Services) Regulations 1992 ;
“pilot scheme” has the meaning assigned to it in section 1(1) of the 1997 Act; and
“practice premises” means any premises, including any mobile surgery, at which primary dental services are provided.
3
In these Regulations, “capitation arrangement”, “care and treatment” and “continuing care arrangement” have the meanings respectively assigned to them in the GDS Regulations.
Procedure for choosing a dentist
2
1
Subject to the provisions of this regulation and regulation 3, any person who wishes to receive primary dental services may choose the dentist from whom he is to receive those services (being a dentist who provides general dental services , or who performs personal dental services under a pilot scheme) and make an application to that dentist.
2
A dentist may decline an application which is made under paragraph (1).
3
A dentist who provides general dental services may not–
a
provide care and treatment under a continuing care arrangement for a person under the age of 18, although such a person may apply to a dentist for treatment under such an arrangement with that dentist to commence from the date he attains the age of 18–
i
at any time during the month before he attains the age of 18 provided that he is not immediately before that date receiving care and treatment under a capitation arrangement with that dentist, or
ii
where he is receiving care and treatment under a capitation arrangement with a dentist, at any time after he attains the age of 17;
b
provide care and treatment under a capitation arrangement for a person who has attained the age of 18;
c
enter into a capitation arrangement with a person during the month before he attains the age of 18.
4
An application which is made under paragraph (1) shall be made–
a
in person by the person wishing to receive primary dental services, or on his behalf in any of the circumstances set out in regulation 3; and
b
at the dentist’s practice premises, unless the person making the application is unable to attend those premises owing to illness or any other reasonable cause.
Exercise of choice of dentists in certain cases
3
An application may be made (otherwise than by the dentist concerned) under regulation 2(1)–
a
on behalf of any person under the age of 16, by either parent, or in the absence of both parents, the guardian or other adult person who has care of the child;
b
on behalf of any person under the age of 18 (“A”)–
i
by a person duly authorised by a local authority to whose care A has been committed under the provisions of the Children Act 1989 ;
ii
by a person duly authorised by a voluntary organisation by which A is being accommodated under the provisions of that Act;
c
on behalf of any adult person who is incapable of making such an application, by a relative or other adult person who has an interest in the welfare of that person;
d
on behalf of any person detained in a prison or a young offender institution, by the governor or, in the case of a contracted out prison within the meaning of section 96 of the Criminal Justice and Public Order Act 1994 , the director or controller, as the case may be.
Revocation
4
Part III of the GDS Regulations (method of obtaining general dental services) is hereby revoked.
Frank Dobson
One of Her Majesty’s Principal Secretaries of State,
Department of Health
10th September 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Harlow District Council) Order 1998 and shall come into force on 24th February 1998.
Exemption of grounds maintenance
2
The maintenance of ground by Harlow District Council shall not be treated as a defined activity so long as it consists of work carried out during the period beginning with 24th February 1998 and ending with 31st March 2000 pursuant to arrangements made under section 3 of the Disabled Persons (Employment) Act 1958 (provision of sheltered employment by local authorities) .
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
26th January 1998


text:
Citation and commencement
1
This Order may be cited as the Teesside Development Corporation (Transfer of Undertaking and Functions) Order 1998 and shall come into force on 1st April 1998.
Interpretation
2
In this Order —
“ the Act ” means the River Tees Barrage and Crossing Act 1990;
“ the Commission ” means the Commission for the New Towns;
“the Corporation” means the Teesside Development Corporation;
“the functions” means all of the functions conferred on the Corporation by the Act; and
“the undertaking” means all of the undertaking authorised by the Act.
Transfer of functions
3
Subject to the following provisions of this Order —
a
the undertaking and functions are hereby transferred to the Commission;
b
references in the Act to an officer of the Corporation shall be construed as references to an employee of the Commission; and
c
anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions or the undertaking may be continued after that date by, to or in relation to the Commission.
Byelaws
4
1
Any byelaws made under section 50 of the Act before the date of the coming into force of this Order, shall continue in force after that date as if they had been made by the Commission.
2
Section 50(9) of the Act shall apply as though the reference to the Chief Executive of the Corporation were to an employee of the Commission appointed for the purposes of that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Minister of State,
Department of the Environment, Transport and the Regions
5th March 1998


text:
Citation and commencement
1
This Order may be cited as the Bishop Auckland Hospitals National Health Service Trust (Dissolution) Order 1998 and shall come into force on 1st April 1998.
Dissolution of NHS trust
2
The Bishop Auckland Hospitals National Health Service Trust established by the Bishop Auckland Hospitals National Health Service Trust (Establishment) Order 1993 is dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State
Department of Health
19th March 1998


text:
1
1
This Order may be cited as the Animals (Scientific Procedures) Act (Amendment to Schedule 2) Order 1998.
2
This Order shall come into force on 1st January 1999.
3
This Order does not extend to Northern Ireland.
2
At the end of Schedule 2 to the Animals (Scientific Procedures) Act 1986 (animals to be obtained only from designated breeding or supplying establishments) , there shall be added —
Ferret
Gerbil
Pig, if genetically modified
Sheep, if genetically modified
.
Gareth Williams
Parliamentary Under-Secretary of State
Home Office
3rd July 1998


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1998 and shall come into force on 1st June 1998 except in article 2 the words “and Part II” and Part II of the Schedule, which shall come into force on 1st August 1998.
2
A safety zone is hereby established around each installation specified in column 1 of Part 1 and Part II of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by the authority of the Secretary of State
Angela Eagle
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th May 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the School Standards and Framework Act 1998 (Admissions) (Modifications No. 2) Regulations 1998 and shall come into force on 6th January 1999.
2
In these Regulations “ the Act ” means the School Standards and Framework Act 1998.
Modifications of the Act
2
In relation to any time after the coming into force of these Regulations and before the appointed day , section 84(6) of the Act (interpretation of Chapter I of Part III) shall have effect as if the definition of “maintained school” in that subsection included a county, voluntary or grant-maintained school within the meaning of the Education Act 1996 .
3
In relation to any time after the coming into force of these Regulations and before the appointed day, section 88 of the Act (admission authorities and admission arrangements) shall apply with the following modification, namely that in place of subsection (1) there is substituted–
1
In this Chapter “the admission authority”–
a
in relation to a county or voluntary school, has the meaning given by section 415 of the Education Act 1996; and
b
in relation to a grant-maintained school, means the governing body.
Estelle Morris
Minister of State,
Department for Education and Employment
15th December 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Highland Primary Care National Health Service Trust (Establishment) Order 1998 and shall come into force on 2nd November 1998.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 2nd November 1998;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Highland Primary Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Highland Primary Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(b) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more Health Boards) shall be to provide and manage hospital accommodation and facilities at County Hospital, Invergordon, and at establishments associated with that hospital, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1999.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary for the said purposes.
Assistance by Health Board before operational date
7
1
The Highland Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article, and provided that the liabilities have been incurred with the prior consent of the said Board.
2
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
3
The Health Board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Highland Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Sam Galbraith
Minister for Health, Scottish Office
St Andrew’s House,
Edinburgh
30th October 1998


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 and shall come into force on 6th April 1998.
Interpretation
2
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995:
“Merchant Shipping Notice No. MSN 1711” means the Notice described as such, issued by the Secretary of State, and includes a reference to any document amending or replacing it which is considered by the Secretary of State to be relevant from time to time;
“trans-shipment licence” means a licence under section 4A of the Sea Fish (Conservation) Act 1967 .
Application
3
These Regulations apply to ships in respect of which trans-shipment licences are in force, while in United Kingdom waters.
Insurance or security to be in force
4
1
Subject to paragraphs (2) and (3) below the owner, charterer and master of a ship shall ensure that there is in force in respect of the ship a contract of insurance complying with regulation 6 below insuring the owner against the liabilities mentioned in regulation 5.
2
In place of a contract of insurance there may be in force such other form of security as complies with regulation 6 below which will enable the owner to meet the liabilities mentioned in regulation 5.
3
Paragraphs (1) and (2) are without prejudice to any entitlement to limit liability provided by section 185 of the Act and contracts of insurance and security may be limited accordingly.
Liability to be covered
5
The liabilities to be covered are —
a
any liability under section 154 of the Act;
b
any liability for the costs of any operation to remove or render harmless the ship, or any article which had been on the ship, taken under the powers conferred by sections 252 or 253 of the Act or under corresponding powers under any statutory provision of local application;
c
any liability for payment of salvage awards under Article 12 or 13, and special compensation under Article 14, of the International Convention on Salvage 1989 ; and
d
any liability for the cost of providing relief to, and of repatriating, seamen left behind or shipwrecked.
Contracts of insurance and other security
6
A contract of insurance or other security shall be sufficient for the purpose of these Regulations only if it satisfies all requirements (whether as to the person issuing it, the amount of compensation available, or for any other reason) as is specified in Merchant Shipping Notice No. MSN 1711.
Documents
7
1
Where a person is required under these Regulations to ensure that there is in force a contract of insurance or other security, documentary evidence of compliance with this requirement shall be carried in the ship. Such documentary evidence shall be in the form specified in Merchant Shipping Notice No. MSN 1711.
2
The master and any other officer on the ship shall produce on demand such documentary evidence to any person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act.
Penalties
8
1
If there is any contravention of regulation 4, the owner, charterer and master shall each be guilty of an offence punishable on summary conviction by a fine not exceeding £50,000.
2
Any contravention of regulation 7 shall be an offence by any person required to produce documentary evidence punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
3
It shall be a defence for a person charged with an offence under paragraph (1) or (2) of this regulation to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Power to detain
9
In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 284 of the Act (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998”.
Signed by the authority of the Secretary of State
Glenda Jackson
Parliamentary Under-Secretary of State,
Department of the Environment, Transport, and the Regions
3rd February 1998


text:
Title and commencement
1
These Regulations may be cited as the Medicated Feedingstuffs and Feedingstuffs (Zootechnical Products) (Consequential Provisions) Regulations 1998 and shall come into force on 6th May 1998.
Revocations and savings
2
1
Subject to paragraph (2), the instruments listed in Schedule 1 are revoked.
2
The revocation of the instruments at items 1 and 3 of Schedule 1 shall not have effect to prevent the provisions of:
a
regulation 43(2) of the Medicated Feedingstuffs Regulations 1998 , or
b
regulation 74(2) of the Feedingstuffs (Zootechnical Products) Regulations 1998 from applying to matters to which they would have applied had paragraph (1) not come into force.
Amendments
3
The instruments listed in Schedule 2 are hereby amended in accordance with that Schedule.
Sewel
Parliamentary Under Secretary of State, Scottish Office
1st April 1998
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th April 1998


text:
Citation and commencement
1
This Order may be cited as the West Dunbartonshire (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of West Dunbartonshire Council shall be divided into 22 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1998


text:
1
This Order may be cited as the Special Immigration Appeals Commission Act 1997 (Commencement No. 1) Order 1998.
2
Sections 5 and 8 of the Special Immigration Appeals Commission Act 1997 (rules as to procedure in relation to appeals to the Commission, bail and leave to appeal from the Commission) shall come into force on 11th June 1998.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
26th May 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln District Healthcare National Health Service Trust (Transfer of Trust Property) Order 1998 and shall come into force on 24th February 1998.
2
In this Order —
“the first Trust” means the Lincoln and Louth National Health Service Trust;
“the second Trust” means the Lincoln District Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the first and second Trusts on 27th November 1997.
Transfer of trust property
2
On 24th February 1998 the trust property shall be transferred from the first Trust to the Second Trust.
Signed by authority of the Secretary of State for Health
Alan Milburn
Minister of State,
Department of Health
27th January 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) Order 1998, and shall come into force on 26th March 1998.
2
In this Order, any reference to Part 1, Part 24 or Part 25 is a reference to that numbered Part of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 .
Changes to Part 1, Class H: The installation, alteration or replacement of a satellite antenna on a dwellinghouse or within the curtilage of a dwellinghouse
2
In Class H of Part I —
a
in paragraph H.1(a)(ii), omit “on or within the curtilage of a dwellinghouse on article 1(4) land”; and
b
omit paragraph H.1(a)(iii).
Changes to Part 24: Development by telecommunications code systems operators
3
In Class A of Part 24 —
a
after paragraph 1(d), insert:
dd
in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1 (a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;
b
in paragraph 1(f)(iii), after “development”, insert “(other than the installation, alteration or replacement of one small antenna)”;
c
in paragraph 1(g)(ii), after “development”, insert “(other than the installation, alteration or replacement of a maximum of two small antennas)”;
d
in paragraph 1(h), after “in the case of development of any article 1(5) land”, insert “(other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse)”;
e
at the end of paragraph 1(k), omit the word “or”;
f
for paragraph 1(1), substitute:
l
in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any telecommunications apparatus, that apparatus —
i
is not a small antenna;
ii
being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or
iii
being a small antenna, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;
;
g
after paragraph 1(1), insert:
m
in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to be located —
i
on a chimney;
ii
on a building which exceeds 15 metres in height;
iii
on a wall or roof slope which fronts a highway; or
iv
in the Broads, on a wall or roof slope which fronts a waterway;
n
in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse —
i
the building is on article 1(5) land;
ii
the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or
iii
the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.
; and
h
in paragraph 3, after the definition of “relevant period”, insert:
“small antenna” means an antenna which —
is for use in connection with a telephone system operating on a point to fixed multi-point basis;
does not exceed 50 centimetres in any linear measurement; and
does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres;
and any calculation for the purposes of (b) and (c) shall exclude any feed element, reinforcing rim mountings and brackets.
Changes to Part 25: Other telecommunications development
4
1
In Class A of Part 25, in paragraph A.1(d), for “90 centimetres”, substitute “1.3 metres”.
2
In Class B of Part 25, in paragraph 1(d):
i
omit paragraphs (i) and (ii); and
ii
after “exceed”, insert “90 centimetres”.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Richard Caborn
Secretary of State for the Environment, Transport and the Regions
19th February 1998
Signed by authority of Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
26th February 1998


text:
1
This Order may be cited as the A3 Trunk Road (Kingston Upon Thames, Merton and Elmbridge) (50 m.p.h. Speed Limit) Order 1998 and shall come into force on 1st June 1998.
2
In this Order —
“the trunk road” means the London — Portsmouth Trunk Road (A3);
“the main route” means that length of the main south-westbound carriageway of the trunk road between a point 118 metres south of the southern kerbline of the southern entrance to the service road to Vale Crescent and a point 210 metres west of the southern kerbline of its junction with Kingston By Pass Road (A309), and that length of the main north-eastbound carriageway of the trunk road in the District of Elmbridge between a point 129 metres north of the southern boundary of Lovelace Primary School and a point 118 metres south of the southern kerbline of the southern entrance to the service road to Vale Crescent;
“Bushey Road” means the road of that name in the London Borough of Merton;
“Hook Road”, “Malden Road” and “Vale Crescent” mean the roads of those names in the Royal Borough of Kingston upon Thames;
“Kingston By Pass Road (A309)” means the road of that name in the District of Elmbridge;
“Beverley Way slip road” means that length of the trunk road lying to the west of the main route, which links the main north-eastbound carriageway of the trunk road with Bushey Road, between the main north-eastbound carriageway of the trunk road and a point 5 metres north of the accessway leading to Blagdon House;
“Malden Road north-eastbound access slip road” means that length of the trunk road lying to the east of Malden Road which links Malden Road with the main north-eastbound carriageway of the trunk road;
“Malden Road north-eastbound exit slip road” means that length of the trunk road lying to the west of Malden Road which links the main north-eastbound carriageway of the trunk road with Malden Road;
“Malden Road south-westbound access slip road” means that length of the trunk road lying to the west of Malden Road which links Malden Road with the main south-westbound carriageway of the trunk road;
“Malden Road south-westbound exit slip road” means that length of the trunk road lying to the east of Malden Road which links the main south-westbound carriageway of the trunk road with Malden Road; and
“Hook Road north-eastbound access slip road” means that length of the trunk road lying to the east of Hook Road which links Hook Road with the main north-eastbound carriageway of the trunk road.
3
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of road specified in the Schedule to this Order.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
R. T. Thorndike
Director Highways Agency London Network Customer Services
18th May 1998


text:
Title and commencement
1
These Regulations may be cited as the Potatoes Originating in Egypt (Amendment) Regulations 1998 and shall come into force on 18th December 1998.
Amendment of the Potatoes Originating in Egypt Regulations 1998
2
1
The Potatoes Originating in Egypt Regulations 1998 shall be amended in accordance with paragraphs (2), (3) and (4) below.
2
In regulation 2 (interpretation) for the definition of “the Decision” there shall be substituted–
“the Decision” means Commission Decision 96/301/ EC authorising member States temporarily to take additional measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt as amended by Commission Decision 98/105/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt and Commission Decision 98/503/EC authorising member States temporarily to take emergency measures against the dissemination of Pseudomonas solanacearum (Smith) Smith as regards Egypt ;
.
3
After regulation 5 there shall be inserted–
Charges in respect of the sampling of imports of potatoes
5A
1
Where the power to take samples conferred by article 25(1)(a) of the Order is exercised by an inspector in respect of potatoes originating in Egypt in order to ascertain whether, for the purposes of paragraph 3 of the Annex to the Decision, those potatoes are infected with Pseudomonas solanacearum (Smith) Smith, there shall be payable by the importer a fee of £35, unless that power has previously been exercised for that purpose in respect of other potatoes from the same village, in the case of the delta region, or basin, in the case of the desert regions, during the same growing year.
2
The fee prescribed by paragraph (1) shall be payable–
a
in the case of potatoes imported into England or Wales, to the Minister of Agriculture, Fisheries and Food;
b
in the case of potatoes imported into Scotland, to the Secretary of State.
3
In this regulation–
“delta region”, “village”, “basin” and “desert regions” have the same meanings as they have in paragraph 1(a) of the Annex to the Decision; and
“growing year” means the period beginning on 1st September in one year and ending on 31st August in the following year.
.
4
In paragraph (1) of regulation 6 (offences) for the words–
regulation 3 (imports of potatoes originating in Egypt) or 4 (approval of plants which process potatoes originating in Egypt)
there shall be substituted–
regulation 3 (imports of potatoes originating in Egypt) or 4(1) (person processing potatoes otherwise than in an approved plant)
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
16th December 1998
Calum MacDonald
Parliamentary Under Secretary of State, Scottish Office
15th December 1998


text:
1
1
This Order may be cited as the Combined Probation Areas (North Yorkshire) (No. 2) Order 1998.
2
This Order shall come into force on 1st April 1999 save that, for the purposes of making appointments to the probation committee for North Yorkshire to take effect on that date, this Order shall come into force forthwith.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the North Yorkshire Area , there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of Justices on Probation Committee
Harrogate North Yorkshire 2 Northallerton & Richmond 2 Scarborough 3 Selby 1 Skipton 1 York 2
Gareth Williams
Minister of State
Home Office
16th December 1998


text:
1
This Order may be cited as the Public Telecommunication System Designation (UTG Communications (Europe) AG ) Order 1998 and shall come into force on 7th January 1999.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Barbara Roche
Parliamentary Under Secretary of State for Small Firms, Trade and Industry,
Department of Trade and Industry
3rd December 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) (No. 2) Regulations 1998 and shall come into force on 7th December 1998.
2
In these Regulations —
“ the Act ” means the Child Support Act 1991; and
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
Amendment of the Maintenance Assessment Procedure Regulations
2
1
The Maintenance Assessment Procedure Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
Parts III and IV of the Maintenance Assessment Procedure Regulations shall be amended as follows: —
a
in regulation 8B —
i
in paragraph (1) there shall be inserted after “child support officer”, the words “in respect of a maintenance assessment the effective date of which is on or before 8th December 1996”, and
ii
in paragraph (4) for “section 16 or” there shall be substituted —
section 16 of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under section
,
b
in regulation 9 after “16” in sub-paragraph (iii) of paragraph (1) and in paragraphs (15) and (16) there shall be inserted —
of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under section
,
c
in paragraph (5) of regulation 9A for “sections 16 and” there shall be substituted “section”,
d
in regulation 10 —
i
in sub-paragraph (a) of paragraph (1) after “16” there shall be inserted “of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under section”,
ii
the following shall be inserted after paragraph (1) —
1A
Where the Secretary of State makes a fresh maintenance assessment on a revision under section 16 of the Act he shall immediately notify the relevant persons, so far as that is reasonably practicable, of the amount of the child support maintenance under that assessment.
1B
Where a fresh Category A, Category C or Category D interim maintenance assessment is made, on a revision under section 16 of the Act, a notification under paragraph (1A) shall set out, in relation to that interim maintenance assessment, the maintenance requirement and the effective date and shall include information as to sections 16 to 19(1) of the Act.
1C
Where a fresh maintenance assessment is made on a revision under section 16 of the Act, a notification under paragraph (1A) shall include information as to sections 16, 17 and 18 of the Act.
,
iii
in paragraph (2A) for “section 16 or” there shall be substituted “section 16 of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or a review under section”,
iv
in sub-paragraph (a) of paragraph (4) for the words “sections 16, 17 and 18 of the Act” there shall be substituted “of a maintenance assessment the effective date of which is on or before 8th December 1996, sections 17 and 18 of the Act”,
v
in sub-paragraph (b) of paragraph (4) for “sections 16 and” there shall be substituted “section”,
vi
in sub-paragraphs (d) and (e) of paragraph (4) “16” shall be deleted,
vii
in paragraph (5) for the words “section 16 or 19(1) of the Act” there shall be substituted “section 16 of the Act of a maintenance assessment the effective date of which is on or before 8th December 1996 or under section 19(1) of the Act”, and for “sections 16 and” there shall be substituted “section”, and
viii
in paragraph (6) for “sections 16” there shall be substituted “section”,
e
after paragraph (2) of regulation 11 there shall be inserted —
2A
Where the Secretary of State refuses an application for a revision of a decision under section 16 of the Act, he shall immediately notify the applicant, so far as that is reasonably practicable, and shall give the reasons for his refusal in writing.
, and
f
after paragraph (7) of regulation 17 there shall be inserted —
8
Nothing in this Part requires a review of a maintenance assessment which has not been in force for 104 weeks before 7th December 1998.
.
3
After Part V (periodical reviews) of the Maintenance Assessment Procedure Regulations there shall be inserted the following —
PART VA
REVISION OF DECISIONS
Circumstances in which decisions may be revised
18A
1
An application may be made for a revision of, or the Secretary of State may decide on his own initiative to revise, a decision described in paragraph (2) and referred to in this part of these Regulations as a “relevant decision”.
2
A decision for the purposes of paragraph (1) is a maintenance assessment made under section 11 (maintenance assessments) or 12 (interim maintenance assessments) of the Act in respect of which —
a
an application for a review has been made under section 18 (reviews of decisions of child support officers) of the Act, and
b
an appeal to a child support appeal tribunal has been made under section 20 (appeals) of the Act either on a review under section 18 of the Act or in respect of a refusal of such a review.
Procedure
18B
1
Where notice of an appeal referred to in regulation 18A(2)(b) has been received by the Secretary of State in accordance with regulations made under section 21 (child support appeal tribunals) of the Act he shall acknowledge receipt in writing and notify the other relevant persons in writing of the receipt and such acknowledgement or notification shall include information as to the ability for the decision to be revised under section 16 of the Act, including any time limits for such a revision.
2
An application under section 16(1)(b) of the Act for revision of a relevant decision may be made by any party to the appeal referred to in regulation 18A(2)(b) and shall be made in writing to the Secretary of State within the period of 28 days beginning with the date of receipt of the acknowledgement or notification, as the case may be, referred to in paragraph (1).
3
Where an application is received by the Secretary of State under paragraph (2), or where he is on his own initiative considering whether to revise a relevant decision, he shall consider whether in his opinion the relevant decision was made in ignorance of a fact or based on a mistake as to a fact or was wrong in law.
4
The Secretary of State shall give 14 days' notice of his intention to revise the decision to the relevant persons and invite representations, either in person or in writing, from the relevant persons on any matter relating to the relevant decision within 14 days of the date on which the notice of the intention to revise was given.
5
Subject to paragraph (6), where the Secretary of State —
a
does not within 14 days of the date on which notice was given receive a request from the relevant person to make representations in person,
b
receives a request by the date referred to in paragraph (a) and arranges for an appointment but that appointment is not kept, or
c
does not receive written representations from a relevant person within 14 days of the date referred to in paragraph (a),
he may revise the decision in the absence of such representations from that person.
6
Where the Secretary of State is satisfied that there was good reason for failure to keep an appointment, he shall provide for a further opportunity for the making of representations by the relevant person concerned before he revises the relevant decision.
Effective date
18C
Where on a revision of a relevant decision in the opinion of the Secretary of State the effective date of that decision was based on ignorance of a fact or on a mistake as to a fact or was wrong in law, the effective date of that revised decision shall be a date determined by the Secretary of State as being the date which should have been the effective date of the relevant decision.
Lapse of appeals
18D
1
In the circumstances described in paragraph (2) an appeal referred to in regulation 18A(2)(b) shall not lapse if the relevant decision is revised under section 16 of the Act before the appeal is determined.
2
The circumstances for the purposes of paragraph (1) are where —
a
in the case of an appeal brought by an absent parent, either the maintenance assessment under the revision is more than the maintenance assessment under the relevant decision or the effective date of the revision is prior to the effective date of the relevant decision; or
b
in the case of an appeal brought by a person with care, either the maintenance assessment under the revision is less than the maintenance assessment under the relevant decision or the effective date of the revision is later than the effective date of the relevant decision.
.
4
Part VIII of the Maintenance Assessment Procedure Regulations shall be amended as follows —
a
in paragraphs (1) and (2) of regulation 31 after “a review under section 16 of the Act” there shall be inserted “of a maintenance assessment the effective date of which is on or before 8th December 1996”,
b
in paragraph (1) of regulation 31C after “a review” there shall be inserted “by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996, or a revision by the Secretary of State after 6th December 1998,” and
c
in paragraph (3) of regulation 33 after “a review under section 16” there shall be inserted “of the Act by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996, or a revision by the Secretary of State under that section after 6th December 1998, or a review under section”.
Amendment of other Regulations
3
1
The Child Support Departure Direction and Consequential Amendments Regulations 1996 , shall be amended as follows —
a
in paragraph (b) of regulation 11A for “reviewed under section 16” there shall be substituted “in the case of a maintenance assessment the effective date of which is on or before 8th December 1996, reviewed by a child support officer under section 16 of the Act, or, in the case of any assessment, revised by the Secretary of State under section 16 of the Act after 6th December 1998, or reviewed under section”, and
b
in paragraph (1) of regulation 33 and paragraph (6) of regulation 41 after “16” there shall be inserted “by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996 or a revision by the Secretary of State under that section after 6th December 1998, or a review under section”.
2
In paragraph (2) of regulation 10 of the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 for “reviewed under section 16” there shall be substituted “in the case of a maintenance assessment the effective date of which is on or before 8th December 1996, reviewed by a child support officer under section 16 of the Act, or, in the case of any assessment, revised by the Secretary of State under section 16 of the Act after 6th December 1998, or reviewed under section”.
3
In sub-paragraphs (a)(i) and (ii) of regulation 11(4) of the Child Support (Collection and Enforcement) Regulations 1992 after “16” there shall be inserted “by a child support officer of a maintenance assessment the effective date of which is on or before 8th December 1996 or a revision by the Secretary of State under that section after 6th December 1998, or a review under section”.
Signed by authority of the Secretary of State for Social Security.
P. Hallis
Parliamentary Under-Secretary of State,
Department of Social Security
16th November 1998


text:
Title and commencement
1
These Regulations may be cited as the Drinking Milk Regulations 1998 and shall come into force on 31st October 1998.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Food Safety Act 1990;
“the Council Regulation” means Council Regulation ( EC ) No. 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk ;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“sell” includes possess for sale, and offer, expose or advertise for sale.
Sale or delivery of milk and use of sales descriptions
3
No person shall sell or deliver milk, or use or omit to use a sales description for any product, in contravention of Article 2 of the Council Regulation (as read with Article 3 of that Regulation and, after 31st December 1998, as read also with Article 4 of that Regulation).
Importation of products from outside the European Community for sale as drinking milk
4
No person shall import into Great Britain from outside the European Community any product for sale as drinking milk in contravention of Article 5 of the Council Regulation.
Enforcement
5
1
Each food authority shall enforce and execute within its area the provisions of these Regulations.
2
Each food authority shall give such assistance and information to any other food authority as that other food authority may reasonably require for the purpose of carrying out its duties under these Regulations.
Offences and penalty provision
6
1
If any person contravenes or fails to comply with regulation 3 or 4 of these Regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence in relation to exports
7
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove–
a
that the product was intended for export to a country which has legislation analogous to these Regulations and that such product complies with that legislation; and
b
in the case of export to another Member State, that the legislation complies with the Council Regulation.
Application of provisions of Act
8
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or a Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 30(8) (which relates to documentary evidence);
f
section 33 (obstruction etc. of officers);
g
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith).
Revocations
9
The Regulations specified in the Schedule to these Regulations are revoked to the extent specified in column 3 of that Schedule.
Amendments
10
1
In both the Milk and Dairies (General) Regulations 1959 and the Milk and Dairies (Scotland) Regulations 1990 , in regulation 2(1) (interpretation), there shall be substituted for the definitions of “standardised whole milk” and “non-standardised whole milk” (which appear at the end of the definition of “milk”) the following definitions–
“standardised whole milk” and “non-standardised whole milk” have the meanings respectively given to them by Article 3(1)(b) of Council Regulation (EC) No. 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk;
.
2
In both the Dairy Products (Hygiene) Regulations 1995 and the Dairy Products (Hygiene) (Scotland) Regulations 1995 , in regulation 2(1) (interpretation), there shall be substituted for the definition of “drinking milk” the following definition–
“drinking milk”–
in relation to cows' milk, has the meaning given by Article 1(2)(b) of Council Regulation (EC) No. 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk; and
in relation to other milk, means milk intended for delivery as such to the ultimate consumer;
.
3
In the Food Labelling Regulations 1996 , in regulation 2(1) (interpretation), there shall be substituted–
a
in the definition of “raw milk”, for the words from “Article 3.1 of” to “as amended” the words “Article 3(1) of Council Regulation (EC) No. 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk”;
b
in the definitions of “semi-skimmed milk”, “skimmed milk” and “whole milk”, for the words from “Article 3.1 of” to the end in each case the words “Article 3(1) of Council Regulation (EC) No. 2597/97 ”.
Nick Brown
Minister of Agriculture, Fisheries and Food
29th September 1998
Signed by authority of the Secretary of State for Health
Tessa Jowell
Minister of State for Public Health,
Department of Health
25th September 1998
Signed by authority of the Secretary of State for Wales
Jon Owen Jones
Parliamentary Under Secretary of State, Welsh Office
25th September 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
25th September 1998


text:
Title and commencement
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (Revocation) Order 1998 and shall come into force on 7th September 1998.
Revocation
2
The Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1998 is hereby revoked.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
19th August 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
21st August 1998
Signed by authority of the Secretary of State for Wales
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
17th August 1998
Tony Beeton
Assistant Secretary, Northern Ireland Office
18th August 1998


text:
Citation and commencement
1
1
These Regulations may be cited as the Control of Asbestos at Work (Amendment) Regulations 1998 and, subject to paragraph (2), shall come into force on 1st February 1999.
2
Regulation 2, insofar as it relates to paragraph 13 of the Schedule, shall come into force on 1st August 1999.
Amendments to the Control of Asbestos at Work Regulations 1987
2
The Control of Asbestos at Work Regulations 1987 shall be amended in accordance with the Schedule to these Regulations.
Signed by authority of the Secretary of State.
Alan Meale
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th December 1998


text:
Citation and commencement
1
These Regulations may be cited as the Home Repair Assistance (Extension) Regulations 1998 and shall come into force on 1st January 1999.
Extension of availability of home repair assistance
2
1
The availability of home repair assistance in relation to a mobile home is extended to the circumstances specified in paragraph (2) of this regulation; and accordingly the local authority are not prevented by section 78(2) of the Act from entertaining applications for such assistance in those circumstances.
2
The circumstances are where–
a
the works in respect of which the application is made are not within paragraph (a) or (b) of the exception specified in section 78(2) of the Act;
b
the residence requirement specified in section 78(4) of the Act is not met; and
c
the alternative residence requirement specified in paragraph (3) of this regulation is met.
3
The alternative residence requirement is that the local housing authority are satisfied that the applicant has occupied the mobile home as his only or main residence for a period of at least three years immediately preceding the date of his application for home repair assistance, and–
a
he has for that period a right to occupy and station the mobile home on land forming part of the same protected site within the meaning of Part I of the Caravan Sites Act 1968 ; or
b
he has an owner’s interest in, or is a tenant of, the land on which the mobile home is stationed.
4
In this regulation “the Act” means the Housing Grants, Construction and Regeneration Act 1996.
Amendment of the Home Repair Assistance Regulations 1996
3
For paragraph 26 of Part III of Schedule 1 to the Home Repair Assistance Regulations 1996 (content of application for home repair assistance for mobile homes), substitute the following paragraph–
26
Where the purpose of the works is not one specified in paragraph 5 or paragraph 14 of Part I, whether–
a
the applicant has occupied the mobile home as his only or main residence for a period of at least three years immediately preceding the date of the application;
b
the mobile home has for that period been on land forming part of the same protected site within the meaning of the Mobile Homes Act 1983;
c
the applicant has for that period a right to occupy and station the mobile home on land forming part of the same protected site within the meaning of Part I of the Caravan Sites Act 1968;
d
the applicant has an owner’s interest in or is a tenant of the land on which the mobile home is stationed;
e
the applicant has occupied the mobile home under an agreement to which the Mobile Homes Act 1983 applies or under a gratuitous licence.
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd December 1998
Jon Owen Jones
Parliamentary Under Secretary of State for Wales, Welsh Office
3rd December 1998


text:
Citation and commencement
1
These Regulations may be cited as the River Esk Salmon Fishery District (Baits and Lures) Regulations 1998 and shall come into force on 1st February 1999.
Specification of baits and lures and area of application
2
1
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are hereby specified as baits and lures for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
2
These Regulations shall apply to the River Esk Salmon Fishery District.
G M Thomson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
27th August 1998


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Walsall Metropolitan Borough Council) Order 1998 and shall come into force on 8th July 1998.
Exemption of activities carried out by Walsall Metropolitan Borough Council
2
1
The following activities carried out by the council of the metropolitan borough of Walsall shall not be treated as defined activities so long as they are carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 31st March 2001:
collection of refuse ;
other cleaning ;
catering for purposes of schools and welfare ;
maintenance of ground ;
repair and maintenance of vehicles ; and
housing management .
2
The other catering work of that authority shall not be treated as a defined activity so long as it is carried out in that authority’s area during the period beginning with 8th July 1998 and ending on 15th April 1999.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
9th June 1998


text:
Citation and commencement
1
This Order may be cited as the North East Sheffield Education Action Zone Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the North East Sheffield Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
4
There shall be an Education Action Forum for the zone to be known as the North East Sheffield Education Action Forum, the membership of which shall include–
a
one person appointed by the governing body of each zone school, unless any such governing body chooses not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
up to 6 persons appointed by Sheffield City Council and one person appointed by each of the other partners unless any partner chooses not to make such an appointment.
5
1
The Forum may at any time appoint–
a
one additional member from persons appearing to them to represent the voluntary sector in the area served by the zone schools;
b
one additional member from persons appearing to them to represent Yorkshire Water Plc in the area served by the zone schools;
c
one additional member from persons appearing to them to represent the Midland Bank Plc in the area served by the zone schools;
d
up to 7 additional members from persons appearing to them to represent the interests of the zone schools;
e
one additional member who shall be a parent of a child of compulsory school age at a zone school; and
f
either one or two additional members from persons who are members of community organisations in the area served by the zone schools.
2
Any member appointed under paragraph (1)(e) or (f) shall cease to hold office as a member of the Forum if he ceases to be a parent of a child of compulsory school age at a zone school or (as the case may be) to be a member of a community organisation in the area served by the zone schools.
Disqualification from membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification from membership of Forum — bankruptcy etc
7
1
Subject to the provisions of this regulation, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this regulation there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Chairman’s tenure of office
10
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the Act, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further period of one year.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd December 1998


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) Regulations 1998 and shall come into force on 1st September 1998.
2
In these Regulations —
“assisted” has the same meaning as in section 579(5) and (6) of the Education Act 1996 ;
“further education” has the meaning assigned to it by section 2(3) and (5) of the Education Act 1996;
“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“publicly funded” refers to an institution which is —
provided or assisted by a local education authority;
in receipt of grant under regulations made under section 485 of the Education Act 1996;
within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 ), other than a university; or
within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), and
“the relevant enactments” means section 8 of the Rent Act 1977 and paragraph 8 of Schedule 1 to the Housing Act 1988 (lettings to students).
3
The following institutions are hereby specified as educational institutions for the purposes of the relevant enactments, that is to say —
a
any university or university college and any constituent college, school or hall or other institution of a university;
b
any other institution which provides further education or higher education or both and which is publicly funded;
c
the David Game Tutorial College, London.
4
The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of the relevant enactments, that is to say —
a
the governing body of any educational institution specified in regulation 3 above;
b
the body, other than a local education authority, providing any such educational institution; and
c
a body listed in Schedule 1 to these Regulations.
5
The following bodies of persons (whether unincorporated or bodies corporate) are hereby specified as bodies for the purposes of paragraph 8 of Schedule 1 to the Housing Act 1988, that is to say —
a
any housing association (as defined in section 1 of the Housing Associations Act 1985 ) which is registered by the Housing Corporation or Housing for Wales in accordance with Part I of the Housing Associations Act 1985 and which is not listed in Schedule 1 to these Regulations; and
b
a body listed in Schedule 2 to these Regulations.
6
The Regulations specified in Schedule 3 to these Regulations are hereby revoked to the extent detailed in that Schedule.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th August 1998
Peter Hain
Parliamentary Under Secretary of State, Welsh Office
11th August 1998


text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1998 and shall come into force on 1st September 1998.
2
In this Order–
“The Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “History in the National Curriculum (England)” .
3
This Order applies only to pupils at maintained schools and grant-maintained schools (other than schools established in a hospital) in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) Order 1995 is hereby revoked in so far as it applies to schools in England.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Documents shall have effect in relation to schools in England for the purpose of specifying attainment targets and programmes of study in relation to history subject to the amendments set out in the Schedule.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.


text:
Title and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (No. 2) Order 1998 and shall come into force on 1st May 1998.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with paragraphs (2) to (13) below.
2
In Schedule 1, Part A, Section 1(a) —
a
after item 10 there shall be inserted the following —
10.1
Diabrotica barberi Smith & Lawrence
10.2
Diabrotica undecimpunctata howardi Barber
10.3
Diabrotica undecimpunctata undecimpunctata Mannerheim
10.4
Diabrotica virgifera Le Conte
; and
b
after item 11 there shall be inserted the following —
11.1
Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc & Goodey
.
3
In Schedule 1, Part A, Section 2(a) —
a
after item 6 there shall be inserted the following —
6.1
Meloidogyne chitwoodi Golden et al. (all populations)
6.2
Meloidogyne fallax Karssen
; and
b
after item 8 there shall be inserted the following —
8.1
Rhizoecus hibisci Kawai & Takagi
.
4
In Schedule 2, Part A, Section 1(a), item 12, for the wording in the second column there shall be substituted the following —
Plants of Crataegus L., Malus Mill. Photinia Ldl., Prunus L. and Rosa L., intended for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in non-European countries
.
5
In Schedule 2, Part A, Section 2(d) —
a
in item 15, there shall be inserted at the end of the second column the words “other than seeds”; and
b
after item 15 there shall be inserted the following —
16
Tomato yellow leaf curl virus
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds.
6
In Schedule 3, Part A —
a
for item 9 there shall be substituted the following —
9
Plants of Chaenomeles Lindl., Cydonia Mill., Prunus L.,1 Pyrus L., intended for planting, other than dormant plants free from leaves, flowers and fruit
Non-European countries
9.1
Plants of Photinia Ldl., intended for planting, other than dormant plants free from leaves, flower and fruit
USA , China, Japan, the Republic of Korea and Korea Democratic People’s Republic
; and
b
in item 12, for the entry in the first column there shall be substituted the following —
Tubers of species of Solanum L. and their hybrids, other than those specified in Schedule 3A(10) and (11).
7
In Schedule 4, Part A, Section 1 —
a
in item 16, for the entry in the first column there shall be substituted the following —
From 15 February to 30 September, fruits of Prunus L., originating in non-European countries;
b
for items 16.1, 16.2 and 16.3 there shall be substituted the following —
16.1
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries
The fruits shall be free from peduncles and leaves and the packaging shall bear an appropriate origin mark.
16.2
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries
Without prejudice to the provisions applicable to the fruits in Schedule 4A1(16.1), (16.3), (16.3a) and (16.4), official statement that:
the fruits originate in a country recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), or
the fruits originate in an area recognised as being free from Xanthomonas campestris (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/ EEC , or
either,
in accordance with an official control and examination regime, no symptoms of Xanthomonas campestris (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown symptoms of Xanthomonas campestris (all strains pathogenic to Citrus), and
the fruits have been subjected to treatment such as sodium orthophenylphenate, mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC , and the fruits have been packed at premises or dispatching centres registered for this purpose, or
any certification system, recognised as equivalent to the above provisions, has been complied with.
16.3
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, originating in third countries
Without prejudice to the provisions applicable to the fruits in Schedule 4A1 (16.1), (16.2). (16.3a) and (16.4), official statement that:
the fruits originate in a country recognised as being free from Cercospora angolensis Carv. & Mendes, or
the fruits originate in an area recognised as being free from Cercospora angolensis Carv. & Mendes, and mentioned on the certificates referred to in Articles 7 or 8 of Directive 77/93/EEC , or
no symptoms of Cercospora angolensis Carv. & Mendes have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.
16.3a
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L., originating in third countries
Without prejudice to the provisions applicable to the fruits in Schedule 4A1 (16.1), (16.2), (16.3) and (16.4), official statement that:
the fruits originate in a country recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), or
the fruits originate in an area recognised as being free from Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and mentioned on the certificates referred to in Article 7 or 8 of Directive 77/93/EEC , or
no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus) have been observed in the field of production and in its immediate vicinity since the beginning of the last cycle of vegetation, and none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism, or
the fruits originate in a field of production subjected to appropriate treatments against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and
none of the fruits harvested in the field of production has shown, in appropriate official examination, symptoms of this organism.
;
c
in item 25.4, at the end of the entry in the second column there shall be inserted the following —
and
c
that the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur or, where the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur:
that the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or
that the tubers after harvest have been randomly sampled and have either been:
checked for the presence of symptoms after an appropriate method to induce symptoms, or
laboratory tested,
as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC , and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.
;
d
for item 43 there shall be substituted the following —
43
Naturally or artificially dwarfed plants intended for planting other than seeds, originating in non-European countries
Without prejudice to the provisions applicable to the plants listed in Schedule 3A(1), (2), (3), (9), (13), (15), (16), (17), (18), Schedule 3B(1) and Schedule 4A1 (8.1), (8.2), (9.1), (9.2), (10), (11.1), (11.2), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (32.1), (32.2), (33), (34), (36), (37), (38.1), (38.2), (39), (40), (42), where appropriate, official statement that:
the plants, including those collected directly from natural habitats, shall have been grown, held and trained for at least two consecutive years prior to dispatch in officially registered nurseries, which are subject to an officially supervised control regime,
the plants on the nurseries referred to in (a) shall:
at least during the period referred to in (a):
be potted, in pots which are placed on shelves at least 50 cm above ground,
have been subjected to appropriate treatments to ensure freedom from non-European rusts; the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate under the rubric “disinfestation and/or disinfection treatment”,
have been officially inspected at least six times a year at appropriate intervals for the presence of plant pests of concern, which are those in the Schedules to this Order. These inspections, which shall also be carried out on plants in the immediate vicinity of the nurseries referred to in (a), shall be carried out at least by visual examination of each row in the field or nursery and by visual examination of all parts of the plant above the growing medium, using a random sample of at least 300 plants from a given genus where the number of plants of that genus is not more than 3,000 plants, or 10% of the plants if there are more than 3,000 plants from that genus,
have been found free, in these inspections, from the relevant plant pests of concern as specified in the previous indent. Infested plants shall be removed. The remaining plants, where appropriate, shall be effectively treated, and in addition shall be held for an appropriate period and inspected to ensure freedom from such plant pests of concern,
have been planted in either an unused artificial growing medium or in a natural growing medium which has been treated by fumigation or by appropriate heat treatment and has been examined afterwards and found free of any plant pests,
have been kept under conditions which ensure that the growing medium has been maintained free from plant pests and within two weeks prior to dispatch, have been:
shaken and washed with clean water to remove the original growing medium and kept bare rooted, or
shaken and washed with clean water to remove the original growing medium and planted in growing medium which meets the conditions laid down in (aa) fifth indent, or
subjected to appropriate treatments to ensure that the growing medium is free from plant pests; the active ingredient, concentration and date of application of these treatments shall be mentioned on the phytosanitary certificate under the rubric “disinfestation and/or disinfection treatment”, and
be packed in closed containers which have been officially sealed and bear the registration number of the registered nursery; this number shall also be indicated under the rubric “additional declaration” on the phytosanitary certificate, enabling the consignments to be identified
;
e
after item 45 there shall be inserted the following —
45.1
Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. intended for planting, other than seeds, originating in countries where Tomato yellow leaf curl virus is known to occur
Without prejudice to the requirements applicable to plants listed in Schedule 3A(13) and Schedule 4A1 (25.5), (25.6) and (25.7) where appropriate
a
Where Bemisia tabaci Genn. is not known to occur
Official statement that no symptoms of Tomato yellow leaf curl virus have been observed on the plants
b
Where Bemisia tabaci Genn. is known to occur.
Official statement that:
no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and
the plants originate in areas known to be free from Bemisia tabaci Genn., or
the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export, or
no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.
; and
f
in item 46, in the second column, after “(45)” there shall be inserted the words “and (45.1)”.
8
In Schedule 4, Part A, Section 2 —
a
in item 19.1, at the end of the second column there shall be inserted the following —
and
e
either:
the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known not to occur,
or
they originate in areas where Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are known to occur, and either:
the tubers originate from a place of production which has been found free from Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen based on an annual survey of host crops by visual inspection of host plants at appropriate times and by visual inspection both externally and by cutting of tubers after harvest from potato crops grown at the place of production, or
the tubers after harvest have been randomly sampled, and have either:
been checked for the presence of symptoms after an appropriate method to induce symptoms, or
been laboratory tested,
as well as inspected visually both externally and by cutting the tubers, at appropriate times and in all cases at the time of closing of the packages or containers before marketing according to the provisions on closing in Council Directive 66/403/EEC , and no symptoms of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen have been found.
;
b
after item 27 there shall be inserted the following —
27.1
Plants of lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds
Without prejudice to the requirements applicable to the plants, where appropriate, listed in Schedule 4A2 (19.6) and (24), official statement that:
the plants originate in areas known to be free from Tomato yellow leaf curl virus, or
no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and
the plants originate in areas known to be free from Bemisia tabaci Genn., or
the place of production has been found free from Bemisia tabaci Genn. on official inspections carried out at least monthly during the three months prior to export, or
no symptoms of Tomato yellow leaf curl virus have been observed at the place of production and the place of production has been subjected to an appropriate treatment and monitoring regime to ensure freedom from Bemisia tabaci Genn.
; and
c
in item 29.2, in the second column there shall be inserted the word “or” after the words —
the seeds originate in areas known to be free from Clavibacter michiganensis ssp. insidiosus Davis et al.
.
9
In Schedule 4, Part B, item 24, for the entry in the first column there shall be substituted the following —
Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds, other than (in each case) those for which there is evidence by their packaging or their flower (or bract) development or by other means that they are intended for sale to final consumers not involved in professional plant production.
.
10
In Schedule 5, Part A, Section I —
a
in item 1.1, for the words “ Prunus L.” there shall be substituted “ Prunus L., other than Prunus laurocerasus L. and Prunus lusitanica L.”; and
b
in item 2.1, after the words “ Populus L.” there shall be inserted the words “ Prunus laurocerasus L., Prunus lusitanica L.,”.
11
In Schedule 5, Part A, Section II , for item 2.1 there shall be substituted the following —
Plants of Begonia L., intended for planting, other than seeds, tubers and corms, and plants of Euphorbia pulcherrima Willd., intended for planting, other than seeds.
.
12
In Schedule 5, Part B, Section I —
a
in item 1 —
i
the words “or aquarium plants” shall be omitted; and
ii
after the words “ Zea mais L.” there shall be inserted the words “ Allium ascalonicum L.”; and
b
for item 2 there shall be substituted the following —
2
Parts of plants, other than fruits and seeds, of
Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Pelargonium l'Herit ex Ait, Phoenix spp., Populus L., Quercus L.,
conifers (Coniferales),
Acer saccharum Marsh., originating in North American countries,
Prunus L., originating in non-European countries.
.
13
In Schedule 16 there shall be inserted at the end the following —
Commission Directive 98/1 OJ No. L15, 21.1.98, p. 26. Commission Directive 98/2 OJ No. L15, 21.1.98, p. 34.
.
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
24th April 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
24th April 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
24th April 1998