type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Territorial Sea (Amendment) Order 1996 and shall come into force on 1st August 1996.
2
For the Schedule to the Territorial Waters Order in Council 1964 there shall be substituted the Schedule set out below:


text:
Citation and commencement
1
These Regulations may be cited as the Cider and Perry (Amendment) Regulations 1996 and shall come into force on 30th September 1996.
Amendment of the Cider and Perry Regulations 1989
2
1
The Cider and Perry Regulations 1989 shall be amended as follows.
2
In regulation 11(1) —
a
after the words “charged with duty at”, there shall be inserted “the time it is made and the excise duty point shall be”, and
b
the words “and at the rate in force at that time”shall be omitted.
3
In the proviso to regulation 12, for the words from “that cider”to “that time”there shall be substituted “the time of that occurrance shall be the excise duty point”.
4
After regulation 12 there shall be inserted —
Constructive removal
12A
1
Where cider is held on any cider premises to which this regulation applies it shall be deemed to have been sent out from those premises for home use at the time of its constructive removal or, if earlier, the time it actually left them.
2
This regulation applies to cider premises where the records relating to cider sent out from the premises are kept by means approved for this purpose by the Commissioners; and the Commissioners may at any time revoke such approval upon giving fourteen days' notice in writing.
3
The maker from whose cider premises constructive removal may take place shall keep the records specified in a notice published by the Commissioners and not withdrawn by a further notice.
4
Constructive removal shall mean the making of an entry in the records specified in accordance with paragraph (3) above which identifies the cider that is the subject of that entry as having been sent out from the cider premises for home use notwithstanding that it remains on those premises.
5
An entry showing the constructive removal of any cider shall not be cancelled, amended or altered.
5
In regulation 13 —
a
for the words “duty on the cider shall be charged at”there shall be substituted “excise duty point shall be”, and
b
the words “, and at the rate in force at that time”shall be omitted.
6
In regulation 23(1)(b), for the words “charge to duty was incurred”there shall be substituted “the excise duty point occurred”.
7
In regulation 23(2), for the word “charged”there shall be substituted “payable”.
New King’s Beam House 22 Upper Ground London SE1 9PJ
D. J. Howard
Commissioner of Customs and Excise
3rd September 1996


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Bread and Flour (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
2
In these Regulations “the principal Regulations ” means the Bread and Flour Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows —
a
in paragraph (1) of regulation 2 (‘Interpretation’) —
i
after the definition of“ EEA State”, there shall be inserted the following definition —
“enzyme preparation” means any food additive which consists of one or more enzymes with or without the addition of supplementary material to facilitate the storage, sale, standardisation, dilution or dissolution of the enzyme or enzymes;
;
ii
in the definition of “flour treatment agent”, after the words “food additive” there shall be inserted the words “other than an enzyme preparation”;
b
in regulation 3 (‘Exemptions’) —
i
for paragraph (2) there shall be substituted the following —
2
These Regulations shall not apply in respect of —
a
any bread brought into Great Britain from an EEA State in which it was lawfully produced and sold;
b
any flour brought into Great Britain from a Member State in which it was lawfully produced and sold;
c
any bread or flour lawfully produced in another Member State and brought into Great Britain from a Member State in which it was lawfully sold;
d
any bread or flour lawfully produced outside the European Community and brought into Great Britain from a Member State in which it was in free circulation and lawfully sold,
which is suitably labelled to give the nature of the bread or flour.
;
ii
for the words “shall be construed in accordance with” in paragraph (3) there shall be substituted the words “has the same meaning as in”;
c
in regulation 5 (‘Additional ingredients’) —
i
the words “enzyme preparation,” where they first occur in paragraph (1) shall be deleted and for the words “an enzyme preparation,” in that paragraph there shall be substituted the word “a”;
ii
the words “enzyme preparation” in each place where they occur in paragraph (2) shall be deleted;
d
in regulation 10 (‘Transitional provisions’) for the word “against” in each place where it occurs there shall be substituted the word “under”;
e
in Schedule 3 (‘Ingredients permitted in flour and bread’) the entry in column 1 “ alpha- Amylases Proteinases Hemicellulases” and the entry “All flour All bread” specified in column 2 in relation thereto shall be deleted.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th June 1996
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
6th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
6th June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
5th June 1996


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Conduct of Investment Business) Rules Approval Order 1996 and shall come into force on 17th May 1996.
2
The Insurance Brokers Registration Council (Conduct of Investment Business) Rules 1996 made on 28th March 1996 by the Insurance Brokers Registration Council in exercise of their powers under section 11 of the Insurance Brokers (Registration) Act 1977 and paragraph 6(1), (2) and (3) of Schedule 15 to the Financial Services Act 1986 and hereby approved.
3
The Insurance Brokers Registration Council (Conduct of Investment Business) Rules Approval Order 1988 is hereby revoked.
Anthony Nelson,
Minister for Trade,
Department of Trade and Industry
16th April 1996


text:
PART I
PRELIMINARY
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy (No. 2) Order 1996 and shall come into force on 24th January 1997.
Extension of definition of “disease”
2
For the purposes of the Act the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Extension of definitions of “animals” and “poultry”
3
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise —
i
any kind of mammal except man; and
ii
any kind of four-footed beast which is not a mammal; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise birds of every species.
Interpretation
4
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“bovine animal” means a bull, cow, steer, heifer or calf;
“the disease” means bovine spongiform encephalopathy;
“the Divisional Veterinary Manager” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“exposed animal” means a bovine animal which has been exposed to the infection of the disease;
“feeding stuff” has the meaning given by section 66(1) of the Agriculture Act 1970 ;
“fertiliser” has the meaning given by section 66(1) of the Agriculture Act 1970;
“knacker’s yard” means any premises used for the commercial slaughter or killing of animals, the flesh of which is not intended for human consumption, including any associated facilities for moving or lairaging such animals;
“livestock” means any creature, including a fish, kept for production of food, wool, skin or fur, any creature other than a dog kept for use in the farming of land and any equine animal;
“mammalian meat and bone meal” means mammalian protein derived from the whole or part of any dead mammal by rendering, or, in the case of an imported product, by an equivalent process;
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
“ MBM product” means any product containing mammalian meat and bone meal;
“premises” means all contiguous land and buildings occupied by a person, together with other land or buildings occupied by that person which use equipment in common with the contiguous land or buildings;
“production” includes the manufacture, mixing or packaging of any product, together with ancillary storage and transport operations;
“protein” means any proteinaceous material which is derived from a carcase but does not include —
milk or any milk product;
dicalcium bone phosphate;
dried plasma or any other blood product;
gelatin; or
amino acids produced from hides and skins by a process which involves exposure of the material to acid of a pH lower than 2 followed by alkali of a pH greater than 11 and heat treatment at a minimum of 140°C for 30 minutes at a pressure of 3 bar;
“rendering” means subjecting any material at a rendering, fishmeal or other plant to any of the systems of treatment or procedures mentioned in Schedule 4 to the Animal By-Products Order 1992 ;
“research establishment” means an establishment carrying out research into the disease;
“sell” includes have in possession for sale and offer or expose for sale;
“slaughterhouse” means any building, premises or place for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection with such a place for the confinement of animals while awaiting slaughter there;
“suspected animal” means a bovine animal which is suspected of being affected with the disease; and
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order —
a
to a numbered article is a reference to the article bearing that number in this Order; and
b
to a lettered form is a reference to the form bearing that letter in the Schedule to this Order.
3
For the purposes of this Order, material shall be treated as a feeding stuff whether it is used or intended for use as a feeding stuff by itself or as an ingredient in something which is so used or intended for such use.
PART II
AFFECTED, SUSPECTED AND EXPOSED ANIMALS
Notification of disease in bovine animals
5
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Manager.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
3
A person who, in the course of a laboratory examination of the carcase of an animal, reasonably suspects the presence of bovine spongiform encephalopathy, shall —
a
with all practicable speed, notify the fact to the Divisional Veterinary Manager;
b
retain the sample examined and the remainder of the carcase until its disposal has been authorised in writing by a veterinary inspector; and
c
if required in writing to do so by a veterinary inspector, surrender any samples, in whatever form, to such an inspector.
4
Paragraph (3) above shall not apply to any bovine spongiform encephalopathy which has been introduced deliberately into an animal, a carcase or a sample in a laboratory.
Veterinary enquiry as to existence of disease and requirements relating to affected or suspected animals
6
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists, or has within 56 days existed, on any premises, he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any bovine animal or carcase on the premises;
b
make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis; and
c
mark for identification purposes any bovine animal or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector of the Minister, or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal, or the carcase of such an animal, on the premises, he shall serve a notice in Form A on the owner or person in charge of that animal or carcase.
5
Subject to paragraph (6) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless —
a
before or on the day on which the notice in Form A was due to expire, it is renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal or carcase; or
b
the animal or carcase to which the notice in Form A relates has been removed from the premises under the authority of a licence issued by a veterinary inspector.
6
Any notice in Form A which has been renewed under paragraph (5)(a) above may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.
7
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal or carcase to which the notice in Form A relates.
8
On the service of a notice in Form A the requirements contained in that notice shall have effect.
Requirements relating to exposed animals
7
1
If an inspector of the Minister or a veterinary inspector is of the opinion that there is an exposed animal, or the carcase of such an animal, on any premises, he may —
a
in the case of an animal, serve a notice in Form D or Form E on the owner or person in charge of that animal; and
b
in the case of a carcase, serve a notice in Form D on the owner or person in charge of that carcase.
2
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary to assist the inspector or veterinary inspector in forming his opinion; and
b
if so required by an inspector of the Minister, or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact; and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
3
A notice in Form D shall cease to have effect if the animal or carcase to which the notice in Form D relates is removed from the premises under the authority of a licence issued by a veterinary inspector.
4
A notice in Form D or Form E may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal or carcase to which the notice in Form D or Form E relates.
5
On the service of a notice in Form D or Form E the requirements contained in that notice shall have effect.
6
Following the service of a notice in Form D or Form E a veterinary inspector may insert or administer an implant for the purpose of electronically tagging an exposed animal.
7
No person except a veterinary inspector shall remove or otherwise interfere with an implant inserted or administered under paragraph (6) above.
Restrictions on movement of other bovine animals
8
1
If a veterinary inspector has reasonable grounds for supposing that the movement from any premises of any bovine animal, other than an affected, suspected or exposed animal, may give rise to the risk of the spread of the disease, he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal from the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which the notice served under paragraph (1) relates.
Cleansing and disinfection
9
1
A veterinary inspector may serve on the occupier of any premises on which there is, or has within 56 days been, an affected or suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, —
a
all or any part of the premises; or
b
any equipment or any other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Application of section 32 of the Act to the disease and notice of intended slaughter
10
1
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
2
Where the Minister proposes to cause an affected or suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease, a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
3
Where the Minister proposes to cause an exposed animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease —
a
a veterinary inspector shall serve a notice of intended slaughter in Form F on the owner or person in charge of the animal; and
b
after considering any representations received from the owner or person in charge of the animal within the period specified in Form F, the Minister shall ensure the service of —
i
a withdrawal of notice in Form B; or
ii
a notice of confirmation of intention to slaughter in Form G.
Seizure of carcases
11
1
For the purpose of preventing the spread of the disease an inspector may seize, destroy or dispose of any carcase.
2
For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) of the Act for a carcase seized under paragraph (1) of this article (being, in accordance with section 36(3) of the Act, its value at the time of seizure) the value of such carcase shall be ascertained in a similar manner to that in which the value of an animal or bird slaughtered, or liable to be slaughtered, under the Act is to be ascertained under the Diseases of Animals (Ascertainment of Compensation) Order 1959 , and as if the references in that Order to an animal or bird included references to a carcase.
3
Compensation shall be paid by the Minister for carcases affected with the disease being carcases seized for the purpose of preventing the spread of the disease.
Prohibition of sale, supply and use of milk from affected or suspected animals
12
1
Subject to paragraph (2) below, no person shall knowingly —
a
sell or supply for human consumption or for feeding to an animal or poultry;
b
use in the manufacture of any product for sale or supply for human consumption or for feeding to an animal or poultry; or
c
feed to an animal or poultry,
any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.
2
The prohibitions in paragraph (1) above shall not apply —
a
to the feeding to its own calf of any milk produced by a cow; or
b
to the feeding to an animal or poultry of any milk for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.
PART III
MAMMALIAN PROTEIN AND MAMMALIAN MEAT AND BONE MEAL
Mammalian protein
13
1
Subject to paragraph (2) below, no person shall —
a
knowingly sell or supply for feeding to ruminant animals any feeding stuff in which he knows or has reason to suspect that any mammalian protein has been incorporated; or
b
feed to a ruminant animal any feeding stuff in which he knows or has reason to suspect that any mammalian protein has been incorporated.
2
The prohibitions in paragraph (1) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes.
Mammalian meat and bone meal
14
1
Subject to paragraphs (5) and (6) below, no person shall —
a
sell or supply for incorporation into any feeding stuff for livestock any mammalian meat and bone meal;
b
use any mammalian meat and bone meal in the production of any feeding stuff for livestock;
c
sell or supply for feeding to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated; or
d
feed to livestock any feeding stuff in which any mammalian meat and bone meal has been incorporated.
2
Subject to paragraph (6) below, no person shall undertake any production using any mammalian meat and bone meal or any MBM product on premises where any feeding stuff for livestock is produced, and no person shall sell any mammalian meat and bone meal or MBM product there, unless (in each case) —
a
the ingredients of the feeding stuff for livestock are stored, and the feeding stuff is produced, in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;
b
(except as provided by sub-paragraph (d) below) all feeding stuff for livestock is stored in a separate building from that in which any mammalian meat and bone meal or MBM product is stored, used or sold;
c
no equipment or vehicle used in the production of the feeding stuff for livestock comes into contact with any mammalian meat and bone meal, any MBM product or any ingredient or equipment used with mammalian meat and bone meal or an MBM product; and
d
where mammalian meat and bone meal or an MBM product is sold, any feeding stuff for livestock stored in the same building as the mammalian meat and bone meal or MBM product is stored there solely for the purpose of being sold in that building and either —
i
the mammalian meat and bone meal or MBM product is stored in a place which is physically separated from any place where the feeding stuff for livestock is stored; or
ii
both the feeding stuff for livestock and the mammalian meat and bone meal or MBM product are securely packaged with no spillage or leakage taking place.
3
Subject to paragraphs (5) to (8) below, no person shall have in his possession any mammalian meat and bone meal or any MBM product on any premises where —
a
any livestock is kept;
b
any feeding stuff for livestock is produced, except as permitted under paragraph (2) above; or
c
any feeding stuff for livestock is stored but not produced and no livestock are kept.
4
Subject to paragraphs (6) and (8) below, no person shall transport any mammalian meat and bone meal or any MBM product in any vehicle in which any feeding stuff for livestock is being transported.
5
The prohibitions in paragraphs (1) and (3) above shall not apply to the feeding to an animal of any feeding stuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feeding stuff to a research establishment for such purposes or to the possession of a feeding stuff at such an establishment for such purposes.
6
In any proceedings for an offence under paragraphs (1) to (4) above it shall be a defence for any person charged to prove —
a
that he did not know or have reason to suspect that the material in question was mammalian meat and bone meal or contained mammalian meat and bone meal; and
b
that he had taken all reasonable steps to ensure that it was not and did not contain mammalian meat and bone meal.
7
In any proceedings for an offence under paragraph (3)(a) or (c) above in relation to any MBM product it shall be a defence for any person charged to prove —
a
in the case of an offence under paragraph (3)(a), that the MBM product was in his possession solely for feeding to a pet of a species which is not commonly used as livestock in the United Kingdom or to a working dog or for use as a fertiliser on a domestic garden or for house plants;
b
in the case of an offence under paragraph (3)(c), that both the MBM product and the feeding stuff for livestock were offered for sale on those premises;
c
that the MBM product was stored and used in a place which was physically separated from any place where feeding stuff for livestock was stored or to which such animals had access; and
d
that adequate precautions were taken to ensure that no equipment used with the MBM product was used with the feeding stuff for livestock.
8
In any proceedings for an offence under paragraph (3)(a) or (c) or (4) above it shall be a defence for any person charged to prove that at all material times both the mammalian meat and bone meal or MBM product (as the case may be) and the feeding stuff for livestock were securely packaged and that no spillage or leakage took place.
Cleansing and disinfection
15
1
Any person who produces mammalian meat and bone meal or any MBM product shall ensure the thorough cleansing and disinfection of any premises or equipment used for such production before they are used for any other purpose except the production of a fertiliser that is not for use on agricultural land within the meaning of the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996 .
2
Subject to paragraphs (3) and (4) below, any person who stores or transports mammalian meat and bone meal or an MBM product, or who makes any arrangement for such storage or transport, shall ensure the thorough cleansing and disinfection of any premises, vehicle or equipment used for such storage or transport as soon as possible after the storage or transport ceases and in any event before they are used for any other purpose.
3
It shall be a defence for any person charged with an offence under paragraph (2) above to prove that at all material times the mammalian meat and bone meal or MBM product (as the case may be) was securely packaged and that no spillage or leakage took place.
4
It shall be a defence for any person charged with an offence under paragraph (2) above by virtue of any arrangement made by him to show that he took all reasonable steps to ensure that the premises, equipment or vehicle in question were thoroughly cleansed and disinfected in accordance with that paragraph.
5
An inspector may serve on the occupier of any premises or on the owner or operator of vehicle or equipment on or in which there is, or has within 56 days been —
a
any mammalian meat and bone meal; or
b
any MBM product,
a notice requiring him to cleanse and disinfect, at his own expense and in such a manner and within such period as may be specified in the notice, all or any part of the premises or vehicle or any equipment or any other thing used in connection with any such mammalian meat and bone meal or MBM product.
6
If any person on whom a notice is served under paragraph (5) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Disposal and recall of mammalian meat and bone meal and MBM products
16
1
An inspector may serve on any person in whose possession mammalian meat and bone meal or any MBM product is found in contravention of article 14(3) or (4) above a notice requiring that person to dispose of the material, and any other material with which it has come into contact, in such manner and within such period as may be specified in the notice.
2
An inspector may serve on any person who has sold or supplied any feeding stuff the sale or supply of which is prohibited by article 14(1) a notice requiring that person to collect at his own expense that product from the person to whom he supplied or sold it, or from such other person to whom it may have subsequently been supplied or sold, and to transport it to such place and within such time as may be specified in the notice.
3
If any person on whom a notice is served under paragraph (1) or (2) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable from the person in default by the appropriate Minister or the local authority, as the case may be.
Records relating to mammalian meat and bone meal
17
1
Any person who consigns mammalian meat and bone meal shall keep for two years from the date of consignment (or, in the case of material produced outside the United Kingdom, for two years from the date on which it was imported into the United Kingdom) a record indicating —
a
the date of consignment;
b
the weight consigned;
c
the destination of the consignment;
d
the name and address of the consignee;
e
the registration number of the vehicle in which the consignment is transported; and
f
the name and address of the operator of that vehicle.
2
Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of receipt of the consignment a record indicating —
a
the date on which it was received;
b
its weight on receipt;
c
the place from which it was consigned;
d
the name and address of the person by whom it was consigned;
e
the registration number of the vehicle in which it was consigned; and
f
the name and address of the operator of that vehicle.
3
Any person receiving a consignment of mammalian meat and bone meal shall keep for two years from the date of any use, disposal or further consignment a record indicating —
a
in the case of any use, details of each use, the weight of any part of the consignment incorporated into a product and the nature and date of manufacture of any such product;
b
in the case of disposal, the weight disposed of, the date of such disposal, and the place in which, method by which and name of the person by whom it was disposed of; and
c
in the case of further consignment, the information required by paragraph (1) above.
4
Any person who controls a vehicle in which mammalian meat and bone meal is transported shall keep, for two years from the date on which transport of a particular consignment of such material commenced (or, in the case of an import, from the date on which that material entered the United Kingdom), a record of —
a
the person and place from which that consignment was transported;
b
the date on which it was collected from that person;
c
its weight;
d
the registration number, and the name and address of the driver, of the vehicle in which it was transported;
e
the person and place to which it was to be or was delivered; and
f
the date or intended date of delivery to that person.
5
The driver of a vehicle in which a consignment of mammalian meat and bone meal is transported shall have a document recording the information required by paragraph (4) above in his possession at all times when he is in charge of that vehicle.
6
In relation to a vehicle not having a registration number, the requirement to keep a record of the registration number pursuant to paragraphs (1)(e), (2)(e) and (4)(d) above shall be a requirement to keep such details as permit the identification of the vehicle in which the consignment was transported.
7
No person shall be required to keep any record relating to the consignment or transport of mammalian meat and bone meal otherwise required by any of paragraphs (1) to (5) above where the consignment or transport follows the retail sale of the meal, and no person receiving a consignment for the purpose of selling it by retail shall be required to keep any record otherwise required by paragraph (2) or (3) above, provided that in either case —
a
the meal is contained in sealed packages each weighing not more than 26 kilograms;
b
the packages containing the meal are presented as containing a fertiliser solely for use permitted under the Fertilisers (Mammalian Meat and Bone Meal) Regulations 1996; and
c
(in the case of a consignment by retail sale) the consignment consists of not more than 104 kilograms of meal.
PART IV
OFFENCES AND ENFORCEMENT
Sampling
18
Where an inspector has reasonable grounds for supposing that any of the provisions of article 13 or 14 has not been or is not being complied with, he may take from any protein or feeding stuff such samples as he considers necessary in order to establish the correctness of that supposition.
Production of licences
19
Where an animal or carcase is being moved under the authority of a licence issued under this Order the person in charge of the animal or carcase being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his name and address.
Offences
20
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 6(2)(c);
b
contravenes or fails to comply with article 5(1), (2) or (3), 6(3), 7(2) or (7), 12(1), 13(1), 14(1), (2), (3) or (4), 15(1) or (2), 17(1), (2), (3), (4) or (5), or 19;
c
fails to comply with any notice served under article 6(4), 7(1), 8(1), 9(1), 15(5) or 16(1) or (2);
d
fails to comply with any condition of a licence issued under article 6(5)(b), 7(3), 8(1), 12(2)(b), 13(2) or 14(5); or
e
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Enforcement
22
The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocation
23
The Bovine Spongiform Encephalopathy Order 1996 and the Bovine Spongiform Encephalopathy (Amendment) Order 1996 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th December 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
16th December 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
17th December 1996


text:
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) (Amendment) Regulations 1996 and shall come into force on 22nd April 1996.
2
These Regulations have effect as respects cheques received on or after the day on which these Regulations come into force.
2
1
The Lloyd’s Underwriters (Gilt-edged Securities) (Periodic Accounting for Tax on Interest) Regulations 1995 shall be amended as follows.
2
The paragraph set out in paragraph (3) below shall be inserted —
a
in regulation 8 after paragraph (3) as paragraph (4);
b
in regulation 11 after paragraph (4) as paragraph (5); and
c
in regulation 12 after paragraph (9) as paragraph (10).
3
The paragraph referred to in paragraph (2) above is —
For the purposes of this regulation, where —
any payment to an officer of the Board is made by cheque, and
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the officer of the Board.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 1996


text:
1
This Order may be cited as The A406 Trunk Road (Enfield) Red Route (Clearway) Traffic Order 1995 Variation Order 1996, and shall come into force on 15th November 1996.
2
The A406 Trunk Road (Enfield) Red Route (Clearway) Traffic Order 1995 is varied so that in Schedule 3A, for item 4 there is substituted the following item:
4
Sterling Way, south side, between a point 146.0 metres west of the western kerbline of Bull Lane and a point 195.0 metres west of the western kerbline of Bull Lane.
TRO 198
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th November 1996


text:
Citation and commencement
1
This Order may be cited as the Bridgend and District National Health Service Trust (Dissolution) Order 1996 and shall come into force on 1st April 1996.
Dissolution of NHS trust
2
The Bridgend and District National Health Service Trust established by the Bridgend and District National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
William Hague
Secretary of State for Wales
29th January 1996


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Amendment Rules 1996 and shall come into force on 6th April 1997.
2
In these Rules —
“the principal Rules ” means the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995 .
Amendment of the principal Rules
2
1
In paragraph (2) of rule 1 of the principal Rules —
a
in the definition of “complaint”, for the words “section 146(1)” there shall be substituted the words “section 146(1)(a) and (b)”;
b
after the definition of “complaint” there shall be inserted the definition ““complainant” means a person by or in respect of whom the complaint is made or dispute is referred under section 146(1) of the Pension Schemes Act;”;
c
in the definition of “dispute”, for the words “section 146(2)” there shall be substituted the words “section 146(1)(c) and (d)”;
d
for sub-paragraph (a) of the definition of “respondent” there shall be substituted the words “(a) a person responsible for the management of a personal or an occupational pension scheme, or”; and
e
for sub-paragraph (b) of the definition of “respondent” there shall be substituted the words “(b) any other person to whom Part X of the Pension Schemes Act applies as it applies to a person responsible for the management of a personal or an occupational pension scheme”.
2
In rule 2(1) of the principal Rules, for the words “An authorised complainant” there shall be substituted the words “a complainant” and, in each place where they appear in the principal Rules, for the words “the authorised complainant” there shall be substituted the words “the complainant”.
3
After rule 15 of the principal Rules, there shall be inserted the following rule —
Payment of travel and subsistence expenses and compensation for lost earnings
15A
1
Where the Pensions Ombudsman considers it appropriate for an oral hearing to be held in connection with an investigation conducted by him, he may, having regard to the particular circumstances of the case, make payments in respect of allowances, fees and expenses in accordance with the following provisions of this rule.
2
In this rule, “specified” in relation to any amount means the amount determined by the Secretary of State from time to time and notified by him to the Pensions Ombudsman.
3
Sub-paragraphs (a) to (c) of paragraph (4) apply only in respect of complaints or disputes in which the complainant is an actual or potential beneficiary of a personal or an occupational pension scheme.
4
Subject to paragraph (3), travelling expenses actually and reasonably incurred may be paid to the following —
a
in a case where the complainant attends the hearing, that person;
b
in a case where the complainant cannot, for reasons of ill health or incapacity, attend the hearing but is represented at the hearing by a relative or friend who is not receiving any form of remuneration in connection with his involvement in the complaint or dispute, that relative or friend;
c
in a case where the complainant requires, for reasons of ill health or incapacity, to be accompanied at the hearing by an attendant, that attendant;
d
a witness, other than a medical or other expert witness, attending the hearing where an application has been made in writing to the Pensions Ombudsman and the Pensions Ombudsman certifies that, in the circumstances of the case, the attendance of the witness is necessary or desirable.
5
An allowance in respect of day and, where applicable, overnight subsistence may be paid at the specified rate to the persons and in the circumstances mentioned in paragraph (4).
6
An allowance in respect of travel and subsistence expenses may be paid in advance of a hearing to the persons and in the circumstances mentioned in paragraph (4) where the Pensions Ombudsman is satisfied that such persons would not otherwise be able to attend the hearing.
7
Compensation in respect of lost earnings may be paid, subject to the specified daily maximum, to the persons and in the circumstances mentioned in paragraph (4) where the Pensions Ombudsman is satisfied that —
a
by attending the hearing, such persons have experienced an interruption in employment which results in a reduction in their gross earnings; and
b
had such persons not attended the hearing, their gross earnings in respect of the period of interruption of employment would not have been less than the amount claimed.
8
A claim for travel and subsistence expenses or, as the case may be, for compensation in respect of lost earnings must be made in writing to the Pensions Ombudsman and must be accompanied by full particulars and evidence of the expenses and lost earnings claimed.
9
In any case where the Pensions Ombudsman considers it appropriate to hold an oral hearing in connection with an investigation conducted by him, he must immediately provide to an actual or potential beneficiary and, on request, to any other person full particulars of the arrangements made for the payment of specified travel and subsistence expenses, including information about advance payments and compensation in respect of lost earnings.
.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,Department of Social Security
15th October 1996


text:
Citation and commencement and application
1
This Order may be cited as The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1996 and shall come into force on 12th August 1996.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core and other foundation subjects of pupils who are in the final year of the third key stage.
3
This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in England .
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1995 shall be revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets, end of key stage descriptions and programmes of study in relation to the core and other foundation subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993;
“the core subjects” means English, mathematics and science;
“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;
“maintained school” has the meaning assigned to that expression by section 25(1) of the Education Reform Act 1988;
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests, being respectively tests and a timetable laid down in provisions made by the Secretary of State under article 12 which have been published by Her Majesty’s Stationery Office;
“the other foundation subjects” means art, geography, history, a modern foreign language specified in an order of the Secretary of State , music, physical education and technology;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;
“summer term” means the third term in a school year (as defined in section 3(6) of the Education Reform Act 1988 ); and
references to the third key stage are, subject to the operation of section 3(4) to (6) of the Education Reform Act 1988, references to the period set out in paragraph (c) of section 3(3) of that Act ; and
references to levels of attainment, attainment targets, end of key stage descriptions and programmes of study are references to the levels, targets, descriptions and programmes set out in the associated documents.
2
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment — general
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core and other foundation subject during the summer term in accordance with the provisions of this article and articles 5 to 9 and for a record of the results to be made by that teacher.
2
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term or 4th July falling in that term, if earlier.
3
In making an assessment of a pupil pursuant to this article and articles 5 to 9 a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
Teacher assessment — English, mathematics, modern foreign language and science
5
1
In the cases of English, mathematics, a modern foreign language and science, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for the subject which applies to him and, subject to article 6(3), in the subject as calculated in accordance with paragraph (3).
2
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (1) and, subject to article 6(3), of his level in the subject so calculated.
3
Subject to article 6, a pupil’s level of attainment in each subject shall be the average of his levels in each AT, save that in the case of mathematics his level in AT2 (number and algebra) shall be weighted by a factor of 2.
6
1
Article 5(3) shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where one AT in a subject does not apply to such a pupil article 5(3) shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one AT in a subject does not apply to such a pupil article 5(3) shall not apply to him in relation to that subject.
Teacher assessment — technology
7
1
In the case of technology, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for the subject which applies to him and, subject to paragraph (3), the average of his levels of attainment in the ATs specified in relation to design and technology as calculated in accordance with paragraph (2).
2
The record of the results shall consist of a statement of —
a
each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (1); and
b
subject to paragraph (3), the average of his levels in the ATs specified in relation to design and technology weighting his level in AT1 (designing) by a factor of 2 and his level in AT2 (making) by a factor of 3.
3
Where an AT specified in relation to design and technology does not apply to a pupil, sub-paragraph (b) of paragraph (2) shall not apply in relation to him.
Teacher assessment — geography and history
8
In the cases of geography and history, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in the subject, and the record of the results shall consist of a statement of that level.
Teacher assessment — art, music and physical education
9
In the cases of art, music and physical education, the purpose of the assessment shall be to determine what the pupil has achieved in relation to the end of key stage descriptions specified for the AT (in the case of physical education) or each AT which applies to him (in the cases of art and music), and the record of the results shall consist of a statement of the pupil’s achievements.
NC test assessment
10
1
It shall be the duty of the head teacher to make arrangements for each pupil to whom this article applies in respect of a core subject to be assessed in that subject in accordance with the provisions of paragraph (3).
2
This article applies to a pupil in respect of a core subject if, in the opinion of his head teacher, his level of attainment in that subject, if he were to be assessed by the administration to him of NC tests in accordance with the provisions of paragraph (3), would be level 3 or higher (in the case of mathematics and science) or level 4 or higher (in the case of English).
3
Where this article applies to a pupil in respect of a core subject NC tests shall be administered to the pupil in accordance with the provisions of the document in which they are published at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the head teacher to be marked.
4
Following the marking of NC tests the external marking agency shall provide to the head teacher a record of the results consisting of a statement of each level of attainment achieved by the pupil.
Evaluation of Assessment Arrangements
11
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 10 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
12
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988) as appear to her to be expedient, including in particular provisions as to NC tests for the purpose mentioned in the definition of such tests in article 3(1) and as to the time when and the manner in which the tests are to be administered.
Cheryl Gillan
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 1996


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Solent Oyster Fishery (Variation) (Clams) Order 1996 and shall come into force on 12th April 1996.
2
In this Order “the principal Order ” means the Solent Oyster Fishery Order 1980.
Variation of the principal Order
2
The principal Order shall be varied in accordance with articles 3 to 10 of this Order and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Order.
3
In article 3(1) —
a
for the address of the Committee there shall be substituted “64 Ashley Road, Parkstone, Poole, Dorset, BH14 9BN”;
b
after the word “oysters” there shall be inserted the words “and clams”.
4
For article 4 there shall be substituted the following new article —
Limits of fishery
4
The area to which this Order relates (hereinafter called “the fishery”) comprises so much of the bed of the Solent as lies below the line of mean high water springs as the same is shown coloured pink on the definitive map prepared in duplicate, sealed with the official seal of the Minister and marked “Solent Oyster Fishery Order 1980 as varied by the Solent Oyster Fishery (Variation) (Clams) Order 1996 — Definitive map showing the situation and extent of the fishery”, one copy of which has been deposited and is available for inspection at the offices of the Committee at 64 Ashley Road, Parkstone, Poole, Dorset BH14 9BN and the other at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR.
.
5
In article 5 —
a
in paragraph (1), after the word “oysters” wherever it occurs there shall be inserted the words “and clams”;
b
in paragraph (2), the words “and confirmation” shall be omitted.
6
In article 6 —
a
for paragraph (1) there shall be substituted the following two paragraphs —
1
Subject to the provisions of paragraph (1A) below, no person shall dredge, fish for or take oysters within the limits of the fishery except under the authority and in accordance with the conditions of a licence issued in that behalf by the Committee.
1A
The prohibition in paragraph (1) above shall not apply to the activity of picking oysters by hand from the shore.
;
b
in paragraph (7)(ii) the words from “that is to say” to “the Sea Fisheries Regulation Act 1966,” shall be omitted.
c
after paragraph (7) there shall be inserted the following paragraph —
8
For the purposes of this article a relevant offence is —
a
an offence either —
i
under section 3(3) of the Sea Fisheries (Shellfish) Act 1967, or
ii
under a byelaw made under section 5(1)(d) of the Sea Fisheries Regulation Act 1966
which was committed since the coming into force of this Order; or
b
an offence under a byelaw made under section 5(1)(a) or (b) of the Sea Fisheries Regulation Act 1966 which relates to fishing for oysters and which was committed on or after 12th April 1996.
.
7
After article 6 there shall be inserted the following article —
Licensing of fishing for clams
6A
1
Subject to paragraph (2) below, no person shall dredge, fish for or take clams within the limits of the fishery except under the authority and in accordance with the conditions of a licence issued in that behalf by the Committee.
2
The prohibition in paragraph (1) above shall not apply to the activity of picking clams by hand from the shore.
3
Subject to the directions of the Minister and the provisions of paragraph (8) of this article, licences may be issued by the Committee in such numbers and to such persons, and may authorise the dredging, fishing for or taking of clams at such times, in such manner and to such extent as the Committee may determine.
4
A licence shall be used only by the person named therein or by a person nominated by him therein as his deputy.
5
A licence shall be valid for the period not exceeding twelve months specified therein.
6
No vessel may be used for dredging, fishing for or taking clams within the fishery except under the authority of a licence in which it is so named.
7
Any person dredging, fishing for or taking clams under the authority of a licence issued under this Order shall, when required by any officer authorised by the Committee and after production by that officer of written evidence of his authority if so required, produce such licence and shall desist from dredging, fishing for or taking clams until the same is produced.
8
Any fisherman engaged in dredging, fishing for or taking clams within the fishery as a commercial activity or as part of a commercial activity in the fishing season immediately prior to 21st April 1995 shall be entitled to a licence in respect of the first fishing season after the coming into force of this Order and thereafter any such fisherman who has held a licence at any time within the period of 24 months immediately preceding the date of his application to the Committee for a new licence shall be entitled to have a new licence issued to him unless either —
i
a licence held by him has within the period of 24 months been cancelled by the Committee under section 4(7) of the Sea Fisheries (Shellfish) Act 1967, or
ii
he has on at least two separate occasions been convicted of a relevant offence which was committed on or after 12th April 1996
in which case the Committee shall have absolute discretion to refuse to grant him a new licence.
9
For the purpose of this article a relevant offence is an offence under —
a
section 3(3) of the Sea Fisheries (Shellfish) Act 1967, or
b
a byelaw made under section 5(1)(a) or (b) of the Sea Fisheries Regulation Act 1966 which relates to fishing for clams, or
c
a byelaw mader under section 5(1)(d) of the Sea Fisheries Regulation Act 1966.
.
8
In article 7 —
a
in paragraph (1), at the end of the paragraph there shall be inserted the words “and any person licensed under the provisions of article 6A of this Order to dredge, fish for or take clams within the limits of the fishery shall pay to the Committee before or on receipt of the licence a toll of £30”;
b
in paragraph (2), for the word “toll” there shall be substituted the word “tolls”.
9
In article 9, after the words “oysters” there shall be inserted the words “or clams”.
10
In article 10(1), after the word “oysters” wherever it occurs there shall be inserted the words“or clams”.
11
After article 18 there shall be inserted the following articles —
Rights of navigation bodies
19
Nothing in this Order shall affect prejudicially the exercise of any statutory power or authority from time to time vested in or exerciseable by any person carrying on the undertaking of any navigation, harbour, general lighthouse or conservancy authority.
Exemptions for scientific purposes
20
The Committee may, by authority given in writing, exempt any person who is dredging, fishing for or taking oysters or clams for scientific purposes from any provision of this Order or from any restriction imposed or regulation made under this Order.
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
18th March 1996


text:
Citation and commencement
1
This Order may be cited as the Walton Centre for Neurology and Neurosurgery National Health Service Trust (Establishment) Amendment Order 1996, and shall come into force on 6th April 1996.
Amendment of Establishment Order
2
In Article 3 of the Walton Centre for Neurology and Neurosurgery National Health Service Trust (Establishment) Order 1991 (functions of the trust) —
a
in paragraph (1) for “section 5(1)(a)” there shall be substituted “section 5(1)(b)”; and
b
for paragraph (2) there shall be substituted the following new paragraph: —
2
The trust’s functions shall be to provide and manage hospital services at either or both of the following hospitals —
a
Walton Hospital, Rice Lane, Liverpool L9 1AE, and
b
Longmore Lane, Fazakerley, Liverpool L9 7AL,
and at any other hospital which is associated with either of the above hospitals.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
27th March 1996


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Miscellaneous Provision) (Rush Common) Order 1996 and shall come into force on 26th July 1996.
Amendment of 1988 Order
2
Article 6 (Rush Common, Brixton) of the Local Government Reorganisation (Miscellaneous Provision) Order 1988 shall be amended as follows —
a
after “under” insert “section 8 of the London County Council (General Powers) Act 1938 (removal of building restriction and widening of Brixton Road) and” ; and
b
for “sections 9 to 12 of that Act” substitute “that section and that Part”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
25th June 1996


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1996 and shall come into force on the following dates:
articles 1 and 2 27th November 1996 article 3 1st January 1997.
2
Schedule 1 to the Value Added Tax Act 1994 shall be amended as follows:
a
in paragraphs 1(1)(a), 1(1)(b), 1(2)(a) and 1(2)(b) for “£47,000”there shall be substituted “£48,000”, and
b
in paragraphs 1(3), 4(1) and 4(2) for “£45,000”there shall be substituted “£46,000”.
3
Schedule 3 to the Value Added Tax Act 1994 shall be amended in paragraphs 1(1), 1(2), 2(1)(a), 2(1)(b) and 2(2) by substituting “£48,000”for “£47,000”.
Bowen Wells
Michael Bates
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1996


text:
1
This Order may be cited as the Severn Bridges Tolls Order 1996 and shall, in accordance with section 9(2)(b) of the Act, come into force on 1st January 1997.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows: —
Category 1 vehicles £3.90 Category 2 vehicles £7.80 Category 3 vehicles £11.70
3
The Severn Bridges Tolls Order 1995 is hereby revoked.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
16th December 1996


text:
1
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations —
“the 1985 Act ” means the Companies Act 1985; and
“the 1990 Regulations ” means the Companies (Forms) (Amendment) Regulations 1990 .
2
With effect from 1st April 1996, form 225 in the Schedule to these Regulations, with such variations as circumstances require, is the form prescribed for the purposes of section 225 of the 1985 Act, including that section as applied by section 701 of the 1985 Act.
3
1
With effect from 1st April 1996, forms 225(1), 225(2), 701b and 701c in Schedule 2 to the 1990 Regulations are revoked, save that those forms may be used until 1st April 1997 for those purposes of section 225 of the 1985 Act (including that section as applied by section 701) which correspond to the purposes for which the forms were originally prescribed.
2
With effect from 1st January 1997, forms 224 and 701a in Schedule 2 to the 1990 Regulations are revoked.
Wendy E. M. Alexander
A Grade 5 Officer in the
Department of Trade and Industry
5th March 1996


text:
1
1
This Order may be cited as the Asylum and Immigration Act 1996 (Commencement No. 1) Order 1996.
2
In this Order “the Act”means the Asylum and Immigration Act 1996.
2
The provisions of the Act which are specified in Part I of the Schedule to this Order shall come into force on 26th July 1996; the provisions specified in Part II of the Schedule shall come into force on 1st September 1996; and the provisions specified in Part III of the Schedule shall come into force on 1st October 1996.
Ann Widdecombe
Minister of State
Home Office
25th July 1996


text:
Citation, commencement, revocation and interpretation
1
1
These Regulations may be cited as the Genetically Modified Organisms (Risk Assessment)(Records and Exemptions) Regulations 1996 and shall come into force on 9th May 1996.
2
The Genetically Modified Organisms (Contained Use) Regulations 1993 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990, and
“the Contained Use Regulations ” means the Genetically Modified Organisms (Contained Use) Regulations 1992 .
Duty to keep records of risk assessments
2
The period for which a person who carries out an assessment under section 108(1)(a) of the Act (Risk assessment and notification requirements) shall keep a record of that assessment shall be ten years.
Exemptions from requirement to carry out risk assessments
3
1
A person who imports or acquires genetically modified organisms shall be exempt from the requirements of section 108(1)(a) of the Act in so far as they relate to the protection of human health.
2
A person who imports or acquires genetically modified organisms shall be exempt from the requirements of section 108(1)(a) of the Act where the organisms to be imported or acquired —
a
are, within the meaning of regulation 2(1) of the Contained Use Regulations, genetically modified micro-organisms;
b
are organisms, within the meaning of regulation 2(1) of the Contained Use Regulations, other than micro-organisms within the meaning of regulation 2(1) as aforesaid, which are modified by means of —
i
the application of the techniques which, by virtue of Part II of Schedule 1 to the Contained Use Regulations, are not considered to result in genetic modification for the purposes of the definition of that expression in regulation 2(1) of those Regulations; or
ii
the application of the techniques to which, by virtue of regulation 3(3) of and Part III of Schedule 1 to the Contained Use Regulations, those Regulations do not apply;
c
are or are contained in a medicinal product for human or veterinary use which is the subject of a market authorisation under Council Regulation ( EEC ) No. 2309/93 ;
d
consist of, or are included in, an approved product as defined in the Genetically Modified Organisms (Deliberate Release) Regulations 1992 which is imported or acquired in accordance with the conditions and limitations to which the use of the product is subject.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
12th April 1996
Signed by authority of the Minister of State for Agriculture, Fisheries and Food
A. F. Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
12th April 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
12th April 1996
Lindsay
Parliamentary Under-Secretary of State,
Scottish Office
12th April 1996


text:
1
1
This Order may be cited as the Animals (Scientific Procedures) Act 1986 (Fees) (No. 2) Order 1996 and shall come into force on 1st January 1997.
2
This Order does not extend to Northern Ireland.
3
In this Order “ the Act ” means the Animals (Scientific Procedures) Act 1986.
4
The Animals (Scientific Procedures) Act (Fees) Order 1993 is hereby revoked.
2
For the period 1st January to 31st March 1997 the following provisions shall apply:
a
The fee payable by the holder of a certificate issued under section 6 of the Act (scientific procedures establishments), in respect of any period between 1st January and 31st March 1997 during which the certificate is in force, shall be £98.
b
The fee payable by the holder of a certificate issued under section 7 of the Act (breeding and supplying establishments), in respect of any period between 1st January and 31st March 1997 during which the certificate is in force shall be £445.
c
In addition the fee payable in respect of any period between 1st January to 31st March 1997 during which a certificate mentioned in paragraph (a) or (b) above is in force, shall be £89 for each person who holds —
i
a personal licence which specifies the establishment to which the certificate relates as the place where the licence is primarily available, or
ii
a licence which is treated as a personal licence under paragraph 1 of Schedule 4 to the Act and which names the establishment to which the certificate relates as the only or first-named place where the person is authorised to perform experiments.
3
From 1st April 1997, for the period of twelve months ending with 31st March the following year (“the financial year”), and each subsequent financial year, the following provisions shall apply:
a
The fee payable by the holder of a certificate issued under section 6 of the Act (scientific procedures establishments) in respect of the financial year during the whole or part of which the certificate is in force shall be £150.
b
The fee payable by the holder of a certificate issued under section 7 of the Act (breeding and supplying establishments) in respect of the financial year during the whole or part of which the certificate is in force shall be £675.
c
In addition the fee payable in respect of the financial year during the whole or part of which a certificate mentioned in paragraph (a) or (b) above is in force, shall be £135 for each person who holds —
i
a personal licence which specifies the establishment to which the certificate relates as the place where the licence is primarily available, or
ii
a licence which is treated as a personal licence under paragraph 1 of Schedule 4 to the Act and which names the establishment to which the certificate relates as the only or first-named place where the person is authorised to perform experiments.
Home Office
Tom Sackville
Parliamentary Under Secretary of State
11th December 1996


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Authorities for the Ashworth, Broadmoor and Rampton Hospitals) Order 1996 and shall come into force on 15th April 1996.
Designation as bodies subject to investigation
2
The Ashworth Hospital Authority, the Broadmoor Hospital Authority and the Rampton Hospital Authority are hereby designated as authorities to which section 2 of the Health Service Commissioners Act 1993 (health service bodies subject to investigation) applies.
Revocation of the Health Service Commissioner for England (Special Hospitals Service Authority) Order 1990
3
The Health Service Commissioner for England (Special Hospitals Service Authority) Order 1990 is revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Plant Protection Products (Amendment) Regulations 1996 and shall come into force on 14th August 1996.
Amendment of the Plant Protection Products Regulations 1995
2
Regulation 2(1) of the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive”the following definition —
“the Directive” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market , as amended by —
Commission Directive 93/71/EEC ;
Commission Directive 94/37/ EC ;
Commission Directive 94/79/EC ;
Commission Directive 95/35/EC ;
Commission Directive 95/36/EC ;
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
16th July 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
19th July 1996


text:
Title, commencement and interpretation
1
This Order may be cited as the Beef (Emergency Control) (Amendment) Order 1996 and shall come into force on 4th April 1996.
Amendment of the Beef (Emergency Control) Order 1996
2
1
The Beef (Emergency Control) Order 1996 shall be amended in accordance with the following paragraphs.
2
The following paragraph shall be substituted for article 1(2) —
2
In this Order —
“meat” means any part of an animal that is suitable for human consumption; and
“national administrative document” means a document issued in pursuance of article 3 of Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89 , as last amended by Commission Regulation ( EC ) No. 1850/95
.
3
In article 2, for the words from “which” to the end of the article there shall be substituted —
in which, at the time of slaughter, there were more than two permanent incisors erupted, unless it can be shown by reference to a national administrative document relating to the animal that at the time of slaughter the animal was no more than two years and six months old.
.
Douglas Hogg
Minister of Agriculture, Fisheries and Food
3rd April 1996


text:
1
These Regulations may be cited as the Wireless Telegraphy (Licence Charges) (Amendment) Regulations 1996 and shall come into force on 1st July 1996.
2
The Wireless Telegraphy (Licence Charges) (Regulations) 1995 are hereby amended as follows:
a
for the table in Schedule 3, there shall be substituted the table set out in Schedule 1 to these Regulations; and
b
for the provisions in Schedule 4 relating to the category headed “ Public Mobile Radio ”, there shall be substituted the provisions relating to the category headed “ Public Mobile Communications ” set out in Schedule 2 to these Regulations.
Ian Taylor,
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
31st May 1996
We consent to these Regulations
Derek Conway,
Bowen Wells,
Two of the Lord Commissioners of Her Majesty’s Treasury
4th June 1996


text:
Title and commencement
1
This Order may be cited as the North Eastern Sea Fisheries District (Constitution of Committee and Expenses) (Variation) Order 1996 and shall come into force on 1st April 1996.
Variation of principal Order
2
1
The North Eastern Sea Fisheries District Order 1986 shall be varied in accordance with the following paragraphs of this article.
2
In paragraph 3 of article 3 (local fisheries committee) for the sentence beginning “After that date” there shall be substituted the following sentence —
After that date the members shall come into office on the day specified for that purpose in the instrument appointing them and shall hold office —
in respect of those members appointed by the constituent councils, until the end of the twelve month period in which that day falls; and
in respect of all other members, until the end of the quadrennial period in which that day falls.
.
3
For Schedule 1 there shall be substituted the new Schedule 1 set out in the Schedule to this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
31st March 1996


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 9) Order 1996.
2
Section 22 of the Criminal Justice and Public Order Act 1994 (management of secure accommodation) shall come into force on 8th March 1996.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
6th March 1996


text:
1
The highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 (hereinafter referred to as “the main new trunk road”); and,
b
along the routes described in Schedule 2 for the purposes of connecting the main new trunk road with other highways at the places stated in that Schedule (hereinafter referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of each of the new trunk roads are indicated by black heavy lines on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and,
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plans marked A and B and contained in the plan folio numbered HA 10/2WM 161, marked “The A449 and A456 Trunk Roads (Kidderminster, Blakedown and Hagley Bypass and Slip Roads) Order 1996”, signed by authority of the Secretary of State and deposited at the Department of Transport, Room LG12, Great Minster House, 76 Marsham Street, London SW1P 4DR;
ii
“the new trunk roads” means the highways mentioned in article 1;
iii
“the A449 trunk road” means the Worcester–Wolverhampton–South of Stafford Trunk Road;
iv
“the A456 trunk road” means the Kidderminster–Halesowen Principal Road trunked by virtue of the Kidderminster–Halesowen Principal Roads (A456) Trunking Order 1989
3
A reference to an article or a Schedule followed by a number is a reference to an article in, or Schedule to, this Order, which bears that number.
5
This Order shall come into force on 30th July 1996 and may be cited as the A449 and A456 Trunk Roads (Kidderminster, Blakedown and Hagley Bypass and Slip Roads) Order 1996.
Signed by authority of the Secretary of State
D. Oddy
Director, Motorway Operations Division, Highways Agency
17th July 1996