text:
Title and commencement
1
These Regulations may be cited as the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994 and shall come into force on 31st December 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Medicines Act 1968 ;
“homeopathic medicinal product” means a homeopathic veterinary medicinal product as defined in Article 1.1 of Council Directive 92/74/ EEC widening the scope of Directive 81/851/EEC , and laying down additional provisions on homeopathic veterinary medicinal products or a homeopathic medicinal product as defined in Article 1.1 of Council Directive 92/73/EEC widening the scope of Directives 65/65/EEC and 75/319/EEC on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products and laying down additional provisions on homeopathic medicinal products ;
“ready-made veterinary medicinal product” has the meaning given by Article 1.2 of Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directive 90/676/EEC ; and
“veterinary medicinal product” has the meaning given by Article 1.2 of Council Directive 81/851/EEC as amended, and shall mean a veterinary medicinal product to which Article 2.1 of that Directive applies.
2
Subject to paragraph (1) above, unless the context otherwise requires, expressions used in these Regulations shall be interpreted in accordance with Council Directive 81/851/EEC as amended.
Restriction on the administration of unlicensed veterinary medicinal products to animals
3
Subject to regulations 4 and 5 below, no person shall administer or cause or permit to be administered any veterinary medicinal product to an animal unless a product licence has been granted under the Act in respect of that product.
Exemptions
4
1
Nothing in regulation 3 above shall prohibit the administration of any veterinary medicinal product to an animal where it is administered for the purpose of —
a
a medicinal test on animals in accordance with the provisions of section 32 or 33 of the Act, or in accordance with an animal test (confirmation of exemption) certificate issued under the Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 ; or
b
a test on animals in accordance with the provisions of a licence granted under the Animals (Scientific Procedures) Act 1986 .
2
Nothing in regulation 3 above shall prohibit the administration by a veterinary surgeon or by a person acting under his direction of a ready-made veterinary medicinal product imported and sold or supplied in accordance with the Medicines (Veterinary Medicinal Products) (Veterinary Surgeons from Other EEA States) Regulations 1994 .
Additional exemption
5
1
Subject to paragraphs (2) and (3) below, in the circumstances where no licensed veterinary medicinal product exists for a condition in a particular species, and where a veterinary surgeon considers it necessary to avoid causing unacceptable suffering to the animal or animals concerned, nothing in regulation 3 above shall prohibit him or a person acting under his direction from administering to a particular animal under his care or small number of such animals which are kept on the same premises —
a
a veterinary medicinal product licensed for use in another animal species or for another condition in the same species; or
b
if there is no product such as is referred to in subparagraph (a) above, a medicinal product licensed for use in human beings, or in respect of which a certificate of registration has been granted under the Medicines (Homeopathic Medicinal Products for Human Use) Regulations 1994 ; or
c
if there is no product such as is referred to in subparagraph (b) above, a product prepared extemporaneously by any person authorised under the Act in accordance with the terms of a veterinary prescription.
2
Where the carcase or part of the carcase or produce of an animal treated pursuant to paragraph (1) above will be sold or supplied for human consumption —
a
the veterinary surgeon or a person acting under his direction shall administer a product which contains only substances to be found in a veterinary medicinal product licensed for use in food-producing animals;
b
the veterinary surgeon shall, unless the product is a homeopathic medicinal product in which the level of active principles is equal to or less than one part per million, specify an appropriate withdrawal period; if no withdrawal period is indicated on the product for the species concerned, the veterinary surgeon shall specify a withdrawal period of not less than —
i
7 days for eggs,
ii
7 days for milk,
iii
28 days for meat from poultry and mammals including fat and offal, or
iv
500 degree days for meat from fish; and
c
the veterinary surgeon shall keep a permanent record of —
i
the date of examination of the animal,
ii
the name and address of the owner,
iii
the number of animals treated,
iv
the diagnosis,
v
the product prescribed,(vi)the dosage administered,
vii
the duration of treatment, and
viii
the recommended withdrawal period,and shall retain that record for a period of three years from the end of the calendar year to which such record relates.
3
In the circumstances referred to in paragraph (1) above, nothing in that paragraph shall prohibit a veterinary surgeon or a person acting under his direction from administering to an animal or animals of a minor or exotic species any product such as is mentioned in sub-paragraphs (a) to (c) of that paragraph as he thinks fit, so long as no carcase or part of a carcase of, or any produce from, such animal will be sold or supplied for human consumption.
Enforcement
6
1
It shall be the duty of —
a
the Minister of Agriculture, Fisheries and Food in relation to England,
b
the Secretary of State in relation to Scotland and Wales, and
c
the Department of Health and Social Services for Northern Ireland in relation to Northern Ireland,
to enforce the provisions of these Regulations, and such duty shall be deemed to be a duty imposed by sections 108 to 110 of the Act as the case may be.
2
The provisions of sections 108 to 114 and 119 of the Act shall apply for the purposes of these Regulations as if these Regulations had been made under that Act, and as if an offence contrary to, and proceedings under, these Regulations were an offence and proceedings under the Act.
Offences and penalties
7
If a person contravenes any provision of these Regulations he shall be guilty of an offence and —
a
in the case of a contravention in relation to an animal where the carcase or part of the carcase or produce of that animal is intended for, or has been sold or supplied for, human consumption, he shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine, or
b
in any other case, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Due diligence defence
8
In any proceedings for an offence under these Regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by a person acting under his direction.
Offences by bodies corporate
9
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
When the affairs of a body corporate are managed by its members the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
In paragraphs (1) and (2) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Amendment of section 9 of the Act
10
1
Section 9 of the Act (exemptions for doctors, dentists, veterinary surgeons and veterinary practitioners) shall be amended as follows.
2
In subsection (3), after paragraph (c) there shall be inserted the words
or
d
in relation to a ready-made veterinary medicinal product as defined in Article 1.2 of the 1981 Directive.
.
Amendment of section 10 of the Act
11
1
Section 10 of the Act (exemptions for pharmacists) shall be amended as follows.
2
After subsection (6) there shall be inserted the following subsection: —
6A
The preceding provisions of this section shall not have effect so as to exempt from the restrictions imposed by sections 7 and 8 of this Act anything done in a registered pharmacy by or under the supervision of a pharmacist in relation to a ready-made veterinary medicinal product as defined in Article 1.2 of the 1981 Directive.
.
Amendment of the Medicines (Exemption from Licences) (Special Cases and Miscellaneous Provisions) Order 1972
12
The Medicines (Exemption from Licences) (Special Cases and Miscellaneous Provisions) Order 1972 shall be amended by the insertion in article 2 of the following new paragraph: —
7
Nothing in paragraphs (1)(b), (c)(ii) and (iii) or (3) above shall be taken to exempt from the restrictions imposed by section 7 of the Act anything done by a veterinary surgeon or veterinary practitioner or in a registered pharmacy in relation to a ready-made veterinary medicinal product as defined in Article 1.2 of Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directive 90/676/EEC .
.
Amendment of the Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991
13
The Animals, Meat and Meat Products (Examination for Residues and Maximum Residue Limits) Regulations 1991 shall be amended as follows:
a
in regulation 2(1) (interpretation), in the definition of “veterinary medicinal product”, for the words “the Medicines (Restriction on the Administration of Veterinary Medicinal Products) Regulations 1983”, there shall be substituted “the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994”, and sub-paragraph (c) of the definition shall be omitted; and
b
in regulation 4 (Prohibition on administration to animals of unlicensed substances) —
i
in paragraph (2), for the words after the word “administered” to the end of the paragraph there shall be substituted “in accordance with an exemption specified in regulation 4 or 5 of the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994.”, and
ii
paragraph (3)(b) shall be omitted.
Revocation
14
The Medicines (Restriction on the Administration of Veterinary Medicinal Products) Regulations 1983 are hereby revoked.
Tom Sackville
Parliamentary Under Secretary of State,21st November 1994
Department of Health
Angela Browning
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
17th November 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Borders Regional Council (Galashiels Mill Lade) (Amendment) Water Order 1994 and shall come into force on 15th July 1994.
2
This Order and the South-East of Scotland Water Board (Galashiels Mill Lade) Water Order 1969 (hereinafter referred to as “the principal Order”), the Borders Regional Council (Galashiels Mill Lade) (Amendment) Water Order 1977 , the Borders Regional Council (Galashiels Mill Lade) (Amendment) Water Order 1984 and the Borders Regional Council (Galashiels Mill Lade) (Amendment) Water Order 1990 may be cited together as the Borders Regional Council (Galashiels Mill Lade) Water Orders 1969 to 1994.
Amendment of the principal Order
2
For article 6 of the principal Order there shall be substituted the following article: —
6
The power to take water conferred by this Order shall not be exercisable after 15th July 1999.
.
Miscellaneous
3
The Borders Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department 27 Perth Street,
Edinburgh
16th March 1994


text:
1
This Order may be cited as the Travellers Allowances Order 1994 and shall come into force on 1st April 1994.
2
1
Subject to the following provisions of this Order a person who has travelled from a third country shall on entering the United Kingdom be relieved from payment of value added tax and excise duty on goods of the descriptions and in the quantities shown in the Schedule to this Order obtained by him in a third country and contained in his personal luggage.
2
For the purposes of this article —
a
goods shall be treated as contained in a person s personal luggage where they are carried with or accompanied by the person or, if intended to accompany him, were at the time of his departure for the United Kingdom consigned by him as personal luggage to the transport operator with whom he travelled;
b
a person shall not be treated as having travelled from a third country by reason only of his having arrived from its territorial waters or air space;
c
“third country”, in relation to relief from excise duties, shall mean a place to which Council Directive 92/12/ EEC of 25th February 1992 does not apply; and, in relation to relief from value added tax, shall have the meaning given by Article 3(1) of Council Directive 77/388/EEC of 17th May 1977 (as substituted byArticle 1.1 of Council Directive 91/680/EEC of 16th December 1991 ).
3
The reliefs afforded under this Order are subject to the condition that the goods in question, as indicated by their nature or quantity or otherwise, are not imported for a commercial purpose nor are used for such purpose; and if that condition is not complied with in relation to any goods, those goods shall, unless the non-compliance was sanctioned by the Commissioners, be liable to forfeiture.
4
No relief shall be afforded under this Order to any person under the age of 17 in respect of tobacco products or alcoholic beverages.
5
The following Orders are revoked —
The Customs Duty (Personal Reliefs) ( No. 1) Order 1968 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1972 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1978 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1979 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1982 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1984 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1985 ;
The Customs Duty (Personal Reliefs) (No. 1) Order 1968 (Amendment) Order 1986 ;
The Customs Duty (Personal Reliefs) (Amendment) Order 1989 ;
The Customs Duty (Personal Reliefs) (Amendment) Order 1991 ;
The Customs Duty (Personal Reliefs) (Amendment) Order 1992 .
Martin Brown
Commissioner of Customs and Excise
New King s Beam House
22 Upper Ground
LONDON SE1 9PJ
28th March 1994


text:
1
This Order may be cited as the Finance Act 1993, section 4, (Appointed Day) Order 1994.
2
The day appointed as the day on which section 4(2)(b) and (d) and (3) comes into force is 1st January 1995.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
23rd November 1994


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Lancaster Port Commission Harbour Revision Order 1994 and shall come into force on 1st July 1994.
2
The Lancaster Port Commission Revision Order 1967 , the Lancaster Port Commission Revision Order 1985 and this Order may be cited together as the Lancaster Port Commission Harbour Revision Orders 1967 to 1994.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1967 Order ” means the Lancaster Port Commission Revision Order 1967;
“ the Commission ” means the Lancaster Port Commission, and “the Commissioners” means the members for the time being of the Commission;
“dredging licence” means a licence granted under article 10 of this Order;
“existing” means existing at the date of the coming into force of this Order;
“the level of high water” means the level of mean high-water springs;
“moorings” includes mooring posts, floating jetties, pontoons, buoys and similar apparatus or facilities;
“operator”, “telecommunications code” and “telecommunication code system” have the same meaning as in Schedule 4 to the Telecommunications Act 1984 ;
“the port” means the Port of Lancaster as defined in article 4(1) of the 1967 Order;
“statutory undertaker” means
any person who is a statutory undertaker for any of the purposes of the Town and Country Planning Act 1990 ;
any other person who exercises functions under the Land Drainage Act 1991 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; or
any operator of a telecommunication code system;
“the undertaking” means the undertaking of the Commission as from time to time authorised;
“vessel” means a ship, boat or raft of any description and includes any other thing constructed or adapted for floating on or being submerged inwater (whether permanently or temporarily); and includes a hovercraft within the meaning of the Hovercraft Act 1968 or any other amphibious vehicle or a seaplane;
“works licence” means a licence granted under article 9 of this Order.
PART II
GENERAL POWERS
Remuneration of Commissioners
3
The Commissioners may pay to a Commissioner such reasonable allowances in the nature of those payable under sections 173 to 175 of the Local Government Act 1972 as they may determine but, as regards each allowance, not exceeding the amount payable in respect of the corresponding allowance under those sections to a member of a parish or community council in respect of the performance of any approved duty outside the parish or community.
Disposal of property
4
1
Without prejudice to article 38 of the 1967 Order (disposal of land), but subject to paragraph (2) below, the Commissioners may so far as they consider desirable in the interests of efficient and economical management of the port dispose of any lands, works, buildings, machinery, equipment or other property in such manner, whether by way of lease, the creation of any easement, licence, right or privilege, or otherwise, for such period or periods, at such consideration or rent and on such terms and conditions as they think fit.
2
Paragraph (1) above does not confer upon the Commissioners any power of sale.
3
In article 38 of the 1967 Order
a
in paragraph (1) —
i
for the word “land” there shall be substituted the words “any lands, works, buildings, machinery, equipment or other property”; and
ii
after the word “consideration” there shall be inserted the words “or rent”; and
b
paragraph (2) shall be omitted.
Temporary borrowing
5
Article 27(1) of the 1967 Order (as substituted by article 4 of the Lancaster Port Commission Revision Order 1985) shall be amended by the insertion after the words “The Commissioners may” of the words “upon the security of all or any of the revenues and property of the Commissioners”.
Byelaws
6
1
In addition to the byelaws which may be made by the Commissioners under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 the Commissioners may from time to time make such byelaws as they think fit for all or any of the following purposes
a
for regulating the exercise of the powers vested in the harbour master;
b
for regulating the use of any works and facilities provided by the Commissioners;
c
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the port;
d
for regulating the conduct of all persons in the port, not being members of a police force or officers or servants of the Crown or of a fire authority whilst in the exercise of their duties as such;
e
for regulating the placing, maintenance and use of moorings;
f
for preventing and removing obstructions or impediments within the port;
g
for regulating the launching of vessels within the port;
h
for regulating or preventing the use in the port or on board any vessel therein of fires, naked lights, flares or any flammable matter, equipment, tools or appliances which the Commissioners consider involve a risk of fire;
i
for prohibiting persons smoking in the port;
j
for prohibiting and regulating the use, movement, speed and parking of vehicles within the port;
k
for requiring the use of effectual silencers and for the control of noise generally on vessels in the port;
l
for regulating vessels in the port and their entry into and departure from it and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the port;
m
for regulating the loading and unloading of cargoes within the port and the embarkation of persons into, or their disembarkation from, vessels within the port;
n
for prescribing the lights and signals to be exhibited or made
i
by vessels aground within the port;
ii
by vessels used for marking obstructions within the port; and
iii
at the entrance to any dock or at any wharf, pier or other work for assisting the navigation of vessels within the port;
o
for preventing or regulating the discharge into the port of any material or substance;
p
for regulating fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf or other installation or structure of any kind within the port;
q
for regulating or preventing bathing, and for securing the protection of bathers, within the port;
r
for regulating the use and preventing the misuse of services and facilities provided by the Commissioners in the port; and
s
for imposing upon any person, on his being summarily convicted of contravening or failing to comply with any byelaw under this article, a fine not exceeding level 4 on the standard scale.
2
In this article “signals” includes sound signals.
3
Byelaws made by the Commissioners in relation to the port
a
may make different provision in relation to different classes of vessels; and
b
may otherwise make different provision for different circumstances.
4
Subsections (3) to (8) and (11) of section 236 and section 238 of the Local Government Act 1972 (which relate to the procedure for making, and evidence of, byelaws) shall apply to any byelaws made by the Commissioners in relation to the port as if the Commissioners were a local authority and the Clerk to the Commissioners were a proper officer of a local authority; but, subject to paragraph (5) below, the Secretary of State may confirm the byelaws with such modifications as he thinks fit.
5
Where the Secretary of State proposes to make a modification which appears to him to be substantial, he shall inform the Commissioners and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Commissioners and by other persons who have been informed of it.
6
In consequence of the preceding provisions of this article, article 35 of the 1967 Order (byelaws as to signals and lights on vessels and confirmation of byelaws) shall cease to have effect: Provided that all byelaws made by the Commissioners under that article and in force at the commencement of this Order shall continue in force and shall be deemed to have been made under the provisions of this article.
Restriction of works and dredging
7
1
Subject to paragraph (4) below, no person other than the Commissioners shall
a
construct, alter, renew, or extend any works; or
b
dredge; on, under or over tidal waters or tidal land below the level of high water in the port unless he is licensed to do so, in the case of works by a works licence and in the case of dredging by a dredging licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 9 or, as the case may be, article 10 of this Order.
2
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
The Commissioners may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates, and to restore the site thereof to its former condition; and if that person fails to comply with the notice, the Commissioners may carry out the work so required and recover from him the cost of so doing.
4
Nothing in this article shall apply to
a
any operations or works specifically authorised by any enactment;
b
any operations or works of a statutory undertaker; or
c
the maintenance of the existing 18 inch and 12 inch water mains laid across the bed of the River Lune and belonging to Imperial Chemical Industries plc or their successors in title.
Control of certain operations and works of statutory undertakers
8
1
This article applies to any operations or works in the port of a statutory undertaker on, under or over tidal waters or tidal land below the level of high water in the port, not being operations or works which are specifically authorised by any enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Commissioners and has supplied the Commissioners with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph 6(2) above, the statutory undertaker shall inform the Commissioners of the operations or works as soon as reasonably practicable.
4
Any operations or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Commissioners to the statutory undertaker, being directions such as in the opinion of the Commissioners are necessary for the avoidance of danger and the prevention, so far as reasonably possible, of interference with navigation in the carrying out of such operations or works.
5
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of works
9
1
The Commissioners may, upon such terms and conditions as they think fit, grant to any person, subject to article 23 of this Order, a licence to construct, alter, renew or extend works in the port under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as constructed, altered, renewed or extended.
2
Application for a works licence shall be made in writing to the Commissioners and shall
a
be accompanied by such plans, sections and particulars of the works to which the application relates as the Commissioners may reasonably require; and
b
specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted; and, in granting a licence, the Commissioners may require modifications in the plans, sections and particulars so submitted.
3
The Commissioners may require an applicant for a works licence, on making his application, to pay a reasonable charge in respect of the administrative expenses of dealing with the application; and different charges may be required to be paid in relation to different cases or classes of case.
4
a
On receipt of an application for a works licence the Commissioners shall serve on the National Rivers Authority a copy of the application and all plans, sections and particulars incidental thereto.
b
The Commissioners shall consider such observations as the National Rivers Authority may submit to the Commissioners within six weeks after service on the National Rivers Authority of the application and particulars as aforesaid, and shall not grant a works licence before the expiry of that period.
c
In granting any works licence in response to such an application the Commissioners shall impose on the applicant such terms and conditions as give effect to such reasonable requirements to prevent pollution of any watercourse, to safeguard it against damage or to secure that its efficiency for land drainage purposes is not impaired, as the National Rivers Authority may, within the said period, make in any observations to the Commissioners.
d
The provisions of sub-paragraph (c) above are subject to the Commissioners' duty under article 11(5) of this Order to give effect to any decision or requirement given or made by the Secretary of State under article 11(4) of this Order.
5
Where the Commissioners refuse to grant a works licence which has been applied for they shall give reasons in writing for the refusal.
6
Where the Commissioners grant a works licence upon terms or conditions or require any modifications in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
7
If within three months from the receipt of the application under paragraph (2) above the Commissioners do not grant a works licence, they shall be deemed to have refused the application.
8
Articles 18 to 23 of the 1967 Order (provisions to be complied with in the case of tidal works) apply in relation to works authorised by a works licence as they apply in relation to works authorised by that Order.
9
In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not
a
interfere with, damage or otherwise injuriously affect
i
any apparatus belonging to or maintained by a statutory undertaker; or
ii
the existing 18 inch and 12 inch water mains belonging to Imperial Chemical Industries plc (or their successors in title) which are laid across the bed of the River Lune; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus or main; without the consent of the person or body concerned.
Licensing of dredging
10
1
The Commissioners may, upon such terms and conditions as they think fit, grant to any person, subject to article 23 of this Order, a licence to deepen, dredge, scour, cleanse, alter or improve the bed, foreshore and channels of the port.
2
Application for a dredging licence shall be made in writing to the Commissioners and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operation to be carried out in pursuance of the licence, and, in granting any such licence, the Commissioners may require modifications in the plans, sections and particulars so submitted.
3
Article 9(3), (4), (5) and (6) of this Order shall apply in relation to a dredging licence as it applies in relation to a works licence.
4
If within three months from the receipt of an application under paragraph (2) above the Commissioners do not grant a dredging licence, they shall be deemed to have refused the application.
5
Unless otherwise agreed between the Commissioners and the holder of a dredging licence, any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) taken up or collected in pursuance of the licence shall be the property of the Commissioners, who may
a
use, remove, sell or otherwise dispose of; or
b
subject to paragraph (6) below, lay down or deposit the materials as they think fit.
6
No such materials shall be laid down or deposited in any place below the level of high water except in such a position as may be approved by the Secretary of State and subject to such conditions or restrictions as he may impose.
7
Article 9(9) of this Order applies in relation to the carrying out of operations in pursuance of a dredging licence as it applies in relation to the carrying out of operations in pursuance of a works licence.
Appeals in respect of works or dredging licences
11
1
An applicant for a works licence or a dredging licence who is aggrieved by
a
a refusal of the Commissioners to grant a licence; or
b
any terms or conditions subject to which the licence is granted; or
c
any modifications required by the Commissioners in the plans, sections and particulars submitted by the applicant; may within 28 days from the date on which the Commissioners notify the applicant of their decision, or the date on which the Commissioners are, under article 9(7) or 10(4) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of appeal
3
a
A person who appeals under paragraph (1) above shall send to the Commissioners a copy of his notice of appeal.
b
The Commissioners may, within 28 days from the receipt of the notice, make to the Secretary of State representations in writing on the appeal; and, if they do, they shall as soon as reasonably practicable send a copy of their representations to the appellant.
4
On an appeal under paragraph (1) above, the Secretary of State may
a
dismiss the appeal; or
b
require the Commissioners to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections or particulars as the Secretary of State may specify.
5
The Commissioners shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.
Powers as to moorings, etc.
12
1
The Commissioners may place, lay down, maintain and use moorings on land within the port or on any other land with the consent in writing of the owner or leasee thereof or any other person having an interest entitling him to give that consent.
2
The Commissioners may from time to time grant to any person, subject to article 23 of this Order, a licence (in this Order referred to as a “mooring licence”) to place, lay down, maintain or use existing or future moorings at such place or places within the port and for such number of vessels as may be specified in the licence, and on such terms and conditions as they think fit.
3
The Commissioners shall not unreasonably refuse to grant a licence to an owner or leasee of land to place, lay down, maintain or use moorings on that land; and any question whether in such a case a grant of a licence has been unreasonably refused shall be determined by the Secretary of State.
4
The grant of a mooring licence shall not entitle a person to place or maintain any mooring on land not owned or held on lease by him or by the Commissioners or in which he has no appropriate interest.
5
A mooring licence shall be valid for such period, not exceeding five years, as may be specified in the licence.
6
The Commissioners may charge a reasonable fee for the grant of the mooring licence and for the use of any moorings provided by them under paragraph (1) above.
7
The Commissioners may confer total or partial exemptions from, allow rebates to, or make compositions with, any person with respect to the fees prescribed by them under this article; and they may vary or extinguish any such exemption, rebate or composition.
Obstruction, etc. of moorings
13
1
Any person who in the port
a
intentionally obstructs any person acting under the authority of the Commissioners in placing, laying down, maintaining or using any moorings;
b
intentionally and without lawful authority or reasonable excuse pulls up or removes any moorings;
c
other than in the case of an emergency, causes a vessel to be moored except at a mooring provided or licensed by the Commissioners under article 12 of this Order or with the consent of the harbour master; or
d
without reasonable excuse places, lays down, maintains or uses any mooring which he knows is not so provided or licensed, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person contravenes paragraph (1)(d) above, the Commissioners may remove the mooring in question and recover from him the expenses incurred in so doing.
Power to appropriate part of port
14
The Commissioners may appropriate and set apart any part of the port for the exclusive use of any particular vessel or class of vessel.
Power to act as ship’s agent
15
The Commissioners may carry on the business and activities of a ship’s agent in connection with vessels using the port.
PART III
CHARGES
Power to make charges
16
1
Subject to paragraph (2) below, the Commissioners may make such reasonable charges as they think fit for services and facilities provided by them in connection with the undertaking, including requirements as to the payment of interest on overdue charges.
2
Paragraph (1) above does not authorise the levying of ship, passenger and goods dues within the meaning of the Harbours Act 1964.
3
Nothing in this article shall affect the power to demand, take or recover charges which the Commissioners have under or by virtue of any enactment.
4
Without prejudice to any provision of this Order or any other enactment relating to the payment or recovery of charges due to the Commissioners, sections 27 to 41 and 44 to 46 of the Harbours, Docks, and Piers Clauses Act 1847 (which provide for various matters connected with liability for and collection of rates to be taken by the undertakers), as incorporated with or applied by any enactment relating to the Commissioners, apply to the charges under paragraph (1) above as if they were rates payable under that enactment.
Payment of charges
17
1
The several charges which the Commissioners are for the time being authorised to demand, take and recover in respect of vessels and goods under any enactment shall be payable before the removal from the port of any vessel or goods in respect of which they are payable and may be demanded, taken or recovered by such person, at such places and at such times as the Commissioners may from time to time appoint and under such regulations as they may from time to time make.
2
Charges payable to the Commissioners in relation to a vessel or goods shall be so payable by the owner of the vessel or goods.
3
Where charges payable to the Commissioners may be recovered by them from more than one person, the said persons shall be jointly and severally liable.
Deposit for charges
18
The Commissioners may, if they think fit, require any person who is liable, or may become liable, to pay charges to them to deposit with them, or to guarantee, such sum as in their opinion is reasonable having regard to the probable amount of the charges.
Penalty for evading payment of charges
19
If the owner of any vessel or goods or any other person at any time eludes or attempts to elude or evade payment of, or refuses or neglects to pay, any charges payable by him to the Commissioners at the time when they become due and payable, he shall be liable to pay to the Commissioners a sum equal to three times the amount of such charges, which sum shall be a debt due to the Commissioners and shall be recoverable by the Commissioners in the same manner as penalties imposed by the Harbours, Docks, and Piers Clauses Act 1847 may be recovered, or by action in any court of competent jurisdiction.
Claims for repayment of charges
20
Any person claiming the return of the whole or any part of any charges paid to the Commissioners
a
shall make his claim within one year from the time of payment; and
b
shall produce all documents and give all information required by the Commissioners in proof thereof within two months from being requested by them to do so; and, if the person concerned fails to comply with paragraph (a) or (b) above, the claim shall cease to be enforceable.
Payment of charges on warehoused goods
21
The owner of any goods warehoused, placed or stored in a warehouse, transit shed, area, store or yard of the Commissioners shall, before the removal of those goods from the warehouse, transit shed, area, store or yard and at such date or dates as shall be fixed by the Commissioners, pay such charges as shall be then due and payable on those goods.
PART IV
MISCELLANEOUS
Obstruction of officers
22
Any person who
a
intentionally obstructs an officer of the Commissioners acting in pursuance of the Lancaster Port Commission Harbour Revision Orders 1967 to 1994; or
b
without reasonable excuse fails to comply with a requirement properly made by such an officer; or
c
without reasonable excuse fails to give such an officer any other assistance or information which he may reasonably require for the purpose of the performance of his functions; or
d
makes to such an officer a statement which he knows to be false in a material particular or recklessly makes to such an officer a statement which is false in a material particular; shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Crown rights
23
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek bay or estuary), or any rights of whatsoever description
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners;
b
belonging to Her Majesty in right of Her Duchy of Lancaster, without the consent in writing of the Chancellor for the time being of the said Duchy; or
c
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that department.
2
Consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
For protection of National Rivers Authority
24
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of any byelaws made under the Land Drainage Act 1991 or relieve any person of the obligation to obtain any other licence or consent from the National Rivers Authority required under any enactment.
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
20th June 1994


text:
PART I
PRELIMINARY
Citation, extent and commencement
1
These Regulations may be cited as the Scottish Milk Marketing Board (Residual Functions) Regulations 1994, shall apply in Scotland and shall come into force on 1st November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the Act” means the Agriculture Act 1993;
“the 1986 Act” means the Insolvency Act 1986( );
“approved scheme” means the approved scheme (within the meaning of section 24(1) of the Act) of the Board;
“the Board” means the Scottish Milk Marketing Board established under the marketing scheme;
“contributions” means contributions payable pursuant to section 27(2) of the marketing scheme;
“eligible producer” means any producer–
who produced and sold milk to the Board, or
by whom contributions were payable,
at any time during the period of 7 years ending on 31 March 1994;
“end year producer” means any producer who produced and sold milk to the Board in the final trading period or from whom contributions become due in respect of that period;
“final trading period” means the period commencing on 1st April 1994 and ending immediately before Vesting Day;
“general fund” means the fund established under regulation 17;
“Joint Committee” means the Committee established under section 24 of the marketing scheme;
“the marketing scheme” means the Scheme set out in Schedule 1 to the Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989( );
“pool price” has the meaning assigned to it in section 26(9) of the marketing scheme;
“preserved”, in relation to a specified provision of the marketing scheme, means subjected to section 14(3)(a) of the Act (which provides that, notwithstanding section 1(1) of the Act (which provides for the revocation of the marketing scheme on Vesting Day) the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations);
“register” has the meaning assigned to it in regulation 14(1);
“registered” means registered under these Regulations;
“retained” means retained by the Board following the transfer under section 11 of the Act;
“Vesting Day” means 1st November 1994 being the day on which under the approved scheme and in accordance with that scheme certain property, rights and liabilities of the Board are transferred to successor bodies under section 11 of the Act.
2
Section 1(1) of the marketing scheme is preserved, subject to the modification that there shall be inserted at the end the words “, and applies to Scotland.”.
3
Section 2(1) of the marketing scheme in so far as it relates to the following expressions and definitions assigned to them is preserved:–
a
“buyer”;
b
“General Meeting”;
c
“Minister”; and
d
“producer”
and in these Regulations any reference to any one of these expressions has the meaning assigned to it in that scheme.
4
Section 2(1) of the marketing scheme in so far as it relates to the expressions “accounting period” and “commercial activities” is preserved, subject to the modification that–
a
in the definition “accounting period”–
i
before the words “such period” there shall be inserted the words “in the period prior to Vesting Day the final trading period and thereafter”; and
ii
the words “comprising twelve consecutive calendar months” shall be omitted; and
b
in the definition “commercial activities”–
i
after the words “out by the Board” there shall be inserted the words “in the final trading period”; and
ii
for the word “Scheme” there shall be substituted the words “marketing scheme”;
and in these Regulations any reference to any one of those expressions has the meaning assigned to it in that scheme as modified by this regulation.
5
At the end of section 2 of the marketing scheme there shall be inserted the following subsection:–
3
Other expressions used in this Scheme have, in so far as the context admits, the same meanings as in the Scottish Milk Marketing Board (Residual Functions) Regulations 1994 and those Regulations shall be read with this Scheme as if they and this Scheme formed a single instrument.
.
6
In these Regulations unless the context otherwise requires any reference to a numbered regulation shall be construed as a reference to that regulation so numbered in these Regulations.
Effect of provisions of the marketing scheme as preserved or continuing in force
3
1
The sections of the marketing scheme which–
a
are preserved; or
b
by virtue of section 13 of the Act continue in force subject to the provisions of Part VII of these Regulations,
shall in aggregate have effect as set out in the Schedule to these Regulations.
2
In the sections of the marketing scheme which are preserved for any reference to “the Scheme” there shall be substituted a reference to “this Scheme”, save where other express provision is made.
PART II
CONSTITUTION AND MEMBERSHIP OF THE BOARD
Restructuring of the Board’s functions
4
1
The Board shall immediately after the transfer under section 11 of the Act continue to exist until dissolved by order made under section 14(5) of the Act as a body corporate, with a common seal, called the Scottish Milk Marketing Board but with their functions confined to winding up their affairs, in accordance with and subject to Part VII of these Regulations, and in particular–
a
managing or otherwise dealing with the interests and rights in or in relation to property which are for the time being vested in them;
b
carrying on such other functions in relation to the assets and liabilities which are for the time being vested in them as are specified in Part V of these Regulations;
c
maintaining and preserving the Board’s minute books, accounting records and all other records and making appropriate arrangements for their final disposal;
d
carrying on the other functions conferred by these Regulations; and
e
undertaking any functions ancillary or incidental to the functions mentioned above,
in such a manner, having regard to the interests of registered producers, as they consider is best calculated to secure the purposes specified in paragraph (2) below.
2
The purposes referred to in paragraph (1) above are that–
a
the Board’s assets are advantageously realised and the proceeds applied in or towards discharging their liabilities and other functions under these Regulations;
b
while any particular asset of the Board remains unrealised, it is held and managed as advantageously as is consistent with its eventual realisation; and
c
the liabilities of the Board so far as not discharged in pursuance of sub-paragraph (a) above are discharged.
3
The Board may enter into such agreements, acquire such property and do such things as may, in their opinion, be necessary or desirable for the purpose of discharging any of their functions and may sell or otherwise dispose of any property acquired by them which they do not need for such purpose.
4
The Board shall not be regarded as acting on behalf of, and their property shall not be regarded as property of, or held on behalf of, the Crown and neither the Board nor their members nor the members of their staff shall be regarded as Crown servants.
Members of the Board
5
1
The Board shall consist of not more than five nor less than three members whom the Minister shall appoint.
2
The Minister shall designate one of the members appointed under this regulation as the chairman of the Board.
3
In appointing a person to be a member of the Board, the Minister shall have regard to the desirability of appointing–
a
persons who have experience of, and have shown capacity in, some matter relevant to the Board’s functions, and
b
(without prejudice to sub-paragraph (a) above) persons who are producers.
4
Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Minister appoints him.
5
Any appointment of a person as a member of the Board shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re-appointment.
6
A member of the Board may at any time by notice to the Minister resign his office.
7
The Minister may remove a member of the Board if he is satisfied that–
a
the member has been absent without the consent of the Board from two consecutive meetings of the Board;
b
the member has been sequestrated, has become bankrupt or has granted a trust deed in favour of his creditors or that he is otherwise apparently insolvent (within the meaning of the Bankruptcy (Scotland) Act 1985( );
c
the member is unable or unfit to carry out the functions of a member;
d
the member has not complied with the terms of his appointment; or
e
the member has been convicted of an indictable offence.
8
Section 4(7) of the marketing scheme is preserved, subject to the modification that–
a
after the figure “(7)” there shall be inserted the letter “(a)”;
b
for the last sentence there shall be substituted the following sentence:–
A member of the Board shall not, however, be precluded from voting on a question relating to–
i
the manner in which any milk which is the property of the Board is to be dealt with by reason only that he has sold milk to or through the Board; or
ii
any contract of insurance which the Board are empowered to effect under regulation 33 of the Scottish Milk Marketing Board (Residual Functions) Regulations 1994;
nor shall he be required to withdraw from a meeting of the Board at which such questions are being considered.
; and
c
there shall be added after subsection (7)(a) the following subsection:–
Deeds.
b
i
All deeds and other writings to which the Board are a party shall be held to be validly executed on behalf of the Board by being sealed with the common seal of the Board and signed by two members of the Board or by one member of the Board and the Secretary, and such subscription on behalf of the Board shall be binding whether attested by witnesses or not.
ii
All deeds and other writings executed in any place out of Great Britain or Northern Ireland shall be validly executed by being signed by such persons as may be duly authorised by the Board.
iii
A document or proceedings requiring authentication by the Board may be signed by a member of the Board, Secretary or other person authorised by the Board, and need not be under the common seal of the Board.
.
Remuneration and expenses of Board members
6
1
The Board shall pay to the members of the Board such remuneration as may from time to time be determined by the Minister having regard to the functions to be discharged by the Board.
2
Section 4(10) of the marketing scheme is preserved, subject to the modification that–
a
after the words “their duties, to” there shall be inserted the words “payment of”; and
b
for the word “allowances” there shall be substituted the word “expenses”.
Committees
7
Section 5(3) of the marketing scheme is preserved.
Proceedings of the Board
8
1
Subject to the provisions of these Regulations the Board may determine their own quorum and procedure and the quorum and procedure of any committee appointed by them.
2
In the case of an equality of votes at any meeting of the Board the chairman, if present, or the person who is the chairman of that meeting shall have a second or casting vote.
3
Section 5(5) of the marketing scheme is preserved, subject to the modification that after the words “of the Board or the committee” there shall be inserted the words “or that a member of the Board had voted upon any question upon which he was not entitled to vote”.
Minutes
9
Section 5(6) of the marketing scheme is preserved.
Chairman
10
Section 7 of the marketing scheme is preserved, subject to the modification that–
a
the first sentence is omitted;
b
the words “, or in his absence the Vice Chairman,” shall be omitted; and
c
for the words “If both are” there shall be substituted the words “If he is”.
Address and change of address of office
11
Sections 8 and 9 of the marketing scheme are preserved.
Staff
12
1
Section 10 of the marketing scheme is preserved, subject to the modification that–
a
for the word “shall”, where it first occurs, there shall be substituted the word “may”;
b
the words beginning with “, and shall determine their respective duties and remuneration.” to the end of the section shall be omitted; and
c
after the words “such other officers” there shall be inserted the words “and employees”.
2
The Board may by factory and commission or by power of attorney or otherwise–
a
appoint a person to be the agent of the Board;
b
delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
3
The Board may–
a
pay such remuneration, pensions, allowances or gratuities to or in respect of any persons who have been or are their officers or employees as they may determine;
b
make such payments as they may determine towards provision for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons; and
c
provide and maintain, or participate in, such schemes as they may determine (whether contributory or not) for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons.
4
Any reference in paragraph (3) above to remuneration, pensions, allowances or gratuities to or in respect of such persons as are mentioned in that paragraph includes a reference to remuneration, pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s officers or employees who suffer loss of office or employment or loss or diminution of emoluments.
5
If any person–
a
on ceasing to hold any office or employment with the Board, becomes or continues to be one of their members, and
b
was, by reference to his office or employment with the Board, a participant in a pension scheme maintained by the Board for the benefit of any of their officers or employees,
the Board may make provision for him to continue to participate in that scheme, on such terms and conditions as they may determine, as if his service as a member were service as an officer or employee of the Board; and any such provision shall be without prejudice to regulation 6 above.
Auditor
13
Section 11 of the marketing scheme is preserved, subject to the modification that the words “Secretary of the” in subsection (1) are omitted.
PART III
REGISTRATION OF PRODUCERS
Registration of producers and maintenance of register
14
1
The Board shall compile and thereafter maintain a register (in these Regulations referred to as “the register”) of the entry of every person who they have reasonable grounds to believe is an eligible producer or an end year producer, Part I of which shall consist of entries of eligible producers and Part II of which shall consist of entries of end year producers.
2
Any person whose entry does not appear in the register shall be entitled, on application to the Board and on demonstrating to their reasonable satisfaction that he is an eligible producer or an end year producer (as the case may be), to be entered on the register.
3
It shall be the duty of every registered producer to notify the Board of any changes to his registered entry.
4
The Board shall be entitled to assume that information provided to them for the purposes of paragraph (2) or (3) above is correct.
5
The Board may arrange for the register to be maintained on their behalf by a third party.
6
In this regulation–
“entry” means name and address.
15
1
Section 12(2) of the marketing scheme is preserved.
2
Section 12(3) of the marketing scheme is preserved, subject to the modification that–
a
for the words “deemed to be a producer” there shall be substituted the words “deemed to be a registered producer”; and
b
for the words “one month” there shall be substituted the words “three months”.
Inspection of register
16
Section 12(4) and (5) of the marketing scheme is preserved, subject to the modification that in section 12(4) at the beginning there shall be inserted the words “Within one month of Vesting Day the Board shall publish in such manner as they think fit a notice publicising the existence of the register and the place at, the hours during, and the days on which it may be inspected.”.
PART IV
FINANCIAL PROVISIONS
General fund
17
There shall be established a general fund which shall be administered and controlled by the Board. All moneys received by the Board shall be paid into the general fund and any moneys required by the Board for the discharge of their functions shall be paid out of that fund.
Information to be furnished by registered producers
18
Section 19 of the marketing scheme is preserved, subject to the modification that for the words “operation of the Scheme” there shall be substituted the words “discharge of their functions”.
Expenses of collection of milk
19
Section 22(4) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered” there shall be inserted the words “end year”;
b
before the word “fund” there shall be inserted the word “general”; and
c
the words “established in terms of section 26(3)” shall be omitted.
Financial provisions and payment for milk
20
1
Section 26(5) of the marketing scheme is preserved, subject to the modification that–
a
after the words “rendered to him” there shall be inserted the words “in the final trading period”; and
b
after the words “registered” there shall be inserted the words “end year”.
2
Section 26(6) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered” there shall be inserted the words “end year”; and
b
after the words “sold by them” there shall be inserted the words “in the final trading period”.
3
Section 26(7) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
the figure “(4),” shall be omitted; and
c
the words “under sections 27 and 29” shall be omitted.
4
Section 26(9) of the marketing scheme is preserved, subject to the modification that–
a
for the words “in any accounting period” there shall be substituted the words “in the final trading period”;
b
the figure “(4),” shall be omitted;
c
the words “to provide reserves and” shall be omitted;
d
after the word “registered”, wherever occurring, there shall be inserted the words “end year”; and
e
before the word “fund” there shall be inserted the word “general”.
5
Section 26(10) of the marketing scheme is preserved, subject to the modification that–
a
the words “-(a) sums set aside by the Board under subsection (8)(a) and not deducted under subsection (9), and (b)” shall be omitted;
b
for the words “that accounting”, wherever occurring, there shall be substituted the words “the final trading”;
c
after the word “registered” there shall be inserted the words “end year”; and
d
for the word “Scheme” there shall be substituted the words “marketing scheme”.
6
Section 26(11) of the marketing scheme is preserved, subject to the modification that–
a
after the words “obtain loans” there shall be inserted the words “or advances”;
b
the words from “the Agricultural Marketing” to “and other” shall be omitted;
c
for the word “persons” there shall be substituted the words “any persons”; and
d
after the words “from banks” there shall be inserted the words “or building societies”.
7
Section 26(12) of the marketing scheme is preserved, subject to the modification that–
a
after the words “credit of the” there shall be inserted the word “general”;
b
after the words “in any bank” there shall be inserted the words “or building society”; and
c
for the words “, but, except” to the end of the subsection there shall be substituted the words “in such manner as they may determine.”
Sales in final trading period by retail, semi-retail and wholesale
21
Section 27(2)(a) and (b) and (3) of the marketing scheme is preserved, subject to the modification that–
a
in subsections (2) and (3) after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
in subsection (2) after the words “production which he has sold”, “their own production sold by them” and “cost of advertising milk”, where they respectively occur, there shall be inserted the words “in the final trading period, or any part thereof,”;
c
in subsection (2)(a)–
i
after the word “producer” in the first line there shall be inserted the words “licensed by the Board to sell milk by retail, semi-retail or wholesale”;
ii
the words “from time to time”, wherever occurring, shall be omitted;
iii
for the words “an accounting period” there shall be substituted the words “that period”; and
iv
for the words “during that period” there shall be substituted the words “in the first accounting period after Vesting Day”;
d
in subsection (2)(b) the words “from time to time” and the words “referred to in section 24” shall be omitted;
e
in subsection (3)(b) the words “from time to time” shall be omitted; and
f
in subsection (3)(c) the words “, and from time to time,” shall be omitted.
Arbitration in cases where producers or buyers are aggrieved
22
1
Section 35 of the marketing scheme is preserved, subject to the modification that in subsection (1)–
a
after the words “omission of the Board” there shall be inserted the words “affecting the discharge of their functions under the Scottish Milk Marketing Board (Residual Functions) Regulations 1994 (and whether occurring before or on or after Vesting Day),”;
b
for the words “appointed by the Minister”, “apply to the Minister for the appointment of an arbiter.” and “by the Minister” where they respectively occur there shall be substituted the words “to be agreed upon by the producer and the Board and, failing agreement, to be appointed, on application being made to him by either party, by the sheriff principal of the sheriffdom in which the producer has his place, or principal place, of business”, “appoint the arbiter agreed upon or, on failure to agree upon an arbiter within 14 days, each party or both parties may apply to the sheriff principal for the appointment to be made.” and “as aforesaid” respectively; and
c
after the words “If a person” and “new arbiter may be” respectively there shall be inserted the words “agreed upon or”.
2
Section 35 of the marketing scheme, as modified by paragraph (1) above, shall apply in the case of buyers as it applies in the case of producers.
Accounts
23
Section 39 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1)–
i
after the words “cause to be kept” there shall be inserted the words “, for every accounting period,”; and
ii
after the words “commercial activities” there shall be inserted the words “in the final trading period”;
b
in subsection (2) after the words “its commercial activities” there shall be inserted the words “in respect of the final trading period”;
c
in subsection (3)–
i
the words from “for the fund established” to “in respect of the Board’s commercial activities.” shall be omitted;
ii
after the words “Expenditure Account” there shall be inserted the words “and a Cash Flow Statement”; and
iii
after the words “commercial activities”, there shall be inserted the words “in the final trading period”;
d
in subsection (5) for the words “workings of the Scheme” there shall be substituted the words “workings of the marketing scheme and after Vesting Day for the discharge of their functions”; and
e
in subsection (7)–
i
for the words “the Board’s commercial activities” there shall be substituted the words “any of the Board’s activities”; and
ii
the words “of sections 16 and 26(3) of the Scheme,” shall be omitted.
PART V
FUNCTIONS OF THE BOARD
Functions
24
1
The functions mentioned in regulation 4(1)(b) are–
a
collecting sums owed in payment for milk supplied by the Board in the final trading period and sums owed in respect of other debts to the Board as they fall due;
b
making payments in accordance with section 26 of the marketing scheme, as modified by regulation 20, to registered end year producers and discharging other liabilities as they fall due;
c
disposing of assets by sale or other realisation of values;
d
collecting from registered end year producers sums owed by way of contributions in respect of the final trading period which become payable pursuant to section 27(2) of the marketing scheme, as modified by regulation 21;
e
where in the judgement of the Board it seems financially prudent so to do, making to each registered eligible producer an interim distribution of assets, in the manner specified in relation to the final distribution of assets in regulation 30(2)(a); and
f
collecting sums due from registered eligible producers in the exercise of any power conferred on the Board by order made under section 17(2) of the Act.
2
In discharging their liabilities as they fall due the Board shall have the power if they deem it necessary or expedient to remit the whole or any part of their liabilities by way of composition or arrangement with their creditors.
Prohibition on buying and selling milk
25
Nothing in these Regulations shall be construed as authorising the Board to engage in the business of buying and selling milk.
PART VI
MEETINGS OF REGISTERED PRODUCERS
Annual and Special General Meetings
26
1
Section 40 of the marketing scheme is preserved, subject to the modification that–
a
for the words “shall determine” there shall be substituted the words “think fit in each calendar year starting with 1995”;
b
at the end of the section there shall be inserted “At any General Meeting of the Board the questions to be put before the meeting shall be limited to the noting of the Board’s accounts and appointment of the Board’s auditors.”.
2
Section 41 of the marketing scheme is preserved.
Notice of General Meetings
27
Section 42 of the marketing scheme is preserved.
Voting at General Meetings
28
Section 43 of and Schedule (4) to the marketing scheme are preserved, subject to the modification that–
a
for the words “Schedule (4)” in subsection (6) there shall be substituted the words “Schedule (1)”; and
b
for the figure “(4)” in Schedule (4) there shall be substituted the figure “(1)” and for the words “Scheme 1989” there shall be substituted the words “Board (Residual Functions) Regulations 1994”.
Quorum at General Meetings
29
Section 44 of the marketing scheme is preserved, subject to the modification that–
a
for the figure “50” there shall be substituted the figure “25”; and
b
at the end there shall be inserted the following:–
If at any General Meeting a quorum is not present the Meeting shall stand adjourned until the same place and time in the following week, unless the Board otherwise determine, in which case the registered producers personally present at such adjourned Meeting shall constitute a quorum. In the event that less than two registered producers are then personally present, the General Meeting shall again stand adjourned.
.
PART VII
FINAL WINDING UP OF THE BOARD
Winding up by the Board
30
1
Subject to paragraph (3) below, this regulation applies where–
a
all requisite payments to registered end year producers have been made in accordance with regulation 24(1)(b);
b
the Board are satisfied that–
i
all their assets have been gathered in and realised; and
ii
all their liabilities and functions under these Regulations (other than those specified in this Part) have been discharged; and
c
there is a surplus in the general fund.
2
Where this regulation applies the Board shall–
a
make to each registered eligible producer a final distribution of assets in proportion to the volume of milk produced and sold by him to the Board, or on which contributions were payable, in the period of 7 years ending on 31 March 1994;
b
prepare final accounts in accordance with section 39 of the marketing scheme, as modified by regulation 23, and submit those accounts when audited to–
i
the Minister; and
ii
registered producers, along with a notice calling a Special General Meeting at which the accounts are to be submitted; and
c
having had regard to any views expressed by the registered producers at that Special General Meeting, notify the Minister for the purpose of section 14(5) of the Act that the Board have wound up their affairs.
3
The winding up of the Board under this regulation does not bar the right of any creditor or registered eligible producer (being a contributory for the purposes of section 124 of the 1986 Act( )) to have the Board wound up by the court under regulation 31; but in the case of a registered eligible producer the court must be satisfied that the rights of registered eligible producers will be prejudiced if the Board are permitted to wind up their affairs under this regulation.
Winding up under the 1986 Act
31
1
Section 47 of the marketing scheme (which by virtue of section 13 of the Act but subject to these Regulations continues in force notwithstanding the revocation of the marketing scheme on Vesting Day) shall be amended in accordance with this regulation.
2
In section 47(1)–
a
for the words “Insolvency Act 1986” there shall be substituted the words “1986 Act”; and
b
for the words “paragraph 4 of the Second Schedule to the Act” there shall be substituted the words “section 47A of this Scheme”.
3
In section 47(2)–
a
for the words from the beginning to “each contributor” there shall be substituted the words “For the purposes of section 226 of the 1986 Act, and notwithstanding any exercise of the powers conferred on the Board and the Minister by section 17 of the Act, every registered eligible producer shall be liable to contribute to the payment of the debts and liabilities of the Board and to the costs and expenses of the winding up”;
b
after the words “sold by him” there shall be inserted the words “to the Board, or on which contributions were payable,”;
c
the word “relevant”, where it first occurs, shall be omitted;
d
after the word “period”, where it first occurs, there shall be inserted the words “of 7 years ending on 31 March 1994”;
e
for the words “and shall” there shall be substituted the words “, but such liability, taking account of any contributions made pursuant to section 17 of the Act, shall”;
f
for the figure “0.137” there shall be substituted the figure “0.02”; and
g
the words from “, but declaring” to “shall not exceed 5 pence” shall be omitted.
4
In section 47(3)–
a
after the word “registered”, where it first occurs, there shall be inserted the word “eligible”; and
b
the words from “Provided” to the end shall be omitted.
5
At the end of section 47 there shall be inserted the following section:–
47A
1
For the purposes of sections 221, 222 and 224 of the 1986 Act, the principal place of business of the Board is deemed to be the office of the Board the address of which has been notified to the Minister under section 8 of this Scheme.
2
Section 221 of the 1986 Act shall apply in relation to the Board as if paragraph (a) of subsection (5) of that section were omitted.
3
Section 223 of the 1986 Act shall not apply in relation to the Board.
4
Section 224 of the 1986 Act shall apply in relation to the Board as if the words “or any member of it as such” were omitted.
5
A petition for winding up of the Board may be presented by the Minister as well as any person authorised by section 124(1) of the 1986 Act (as applied in relation to the Board by section 221(1) of that Act) to present a petition for winding up of the Board.
6
Sections 204 and 205 of the 1986 Act shall not apply in relation to the Board, but the dissolution of the Board after winding up under the 1986 Act shall proceed in accordance with section 14(5) of the Act.
.
PART VIII
MISCELLANEOUS
Proof of posting
32
Section 50 of the marketing scheme is preserved, subject to the modification that the words “(other than that contained in subsection (2) of section 34)” shall be omitted.
Indemnity
33
1
Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Board and against–
a
any action, cost, charge, loss, damage and expense which he may incur; and
b
any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, incurred in, or omitted in or about the execution of his duty in relation to the affairs of the Board.
2
Paragraph (1) above shall not apply where–
a
the Board has purchased and maintains for any such member, officer or auditor insurance against any such action, cost, charge, loss, damage, expense or liability; or
b
such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest, fraudulent or wilfully negligent act or omission of such member, officer or auditor.
James Douglas-Hamilton
Parliamentary Under Secretary of State,
Scottish Office
5th October 1994


text:
1
This Order may be cited as the Licensing (Fees) (Amendment) Order 1994 and shall come into force on 3rd January 1995.
2
The Schedule to the Licensing (Fees) Order 1978 shall be amended by inserting at the end the following entry:
Grant of Children’s Certificate — s. 168A 6.50
.
M.B. Forsyth
Minister of State
Home Office
5th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottinghamshire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Nottingham Health Authority;
“the Trust” means the Nottinghamshire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 9th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th September 1994


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 3) Regulations 1994 and shall come into force on 6th November 1994.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th June 1994” there shall be substituted “6th November 1994”;
b
for “7\5 per cent. per annum” there shall be substituted “8 per cent. per annum”.
Andrew Mitchell
Kenneth Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
11th October 1994