text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 4) Regulations 1995 and shall come into force on 6th April 1995.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
In regulation 18 of the principal Regulations (calculation of earnings) —
a
in paragraph (2) for the words“or (8)” there shall be substituted the words “, (8) or (9)”;
b
after paragraph (8) there shall be added the following paragraph —
9
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in any asset, including any voucher, falling within paragraph 9C of Schedule 1A to these Regulations and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated by reference to the amount obtainable under the trading arrangements in question as if that amount were obtained on the day on which the beneficial interest was conferred.
.
Amendment of Schedule 1A to the principal Regulations
3
In Schedule 1A to the principal Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) —
a
after paragraph 9B there shall be inserted the following paragraph —
9C
Any other asset, including any voucher, for which trading arrange-ments exist and any voucher capable of being exchanged for such an asset.
;
b
in paragraph 16 after the words “paragraph 9B” there shall be inserted the words “or 9C”;
c
after paragraph 18 there shall be added the following paragraph —
19
For the purposes of paragraph 9C of this Schedule “trading arrangements” has the meaning assigned to it in section 203K(2)(a) of the Income and Corporation Taxes Act 1988 .
.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
5th April 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Rules may be cited as the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Rules 1995 and shall come into force on 1st December 1995.
Interpretation
2
In these Rules “the 1980 Rules”means the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980 and any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the 1980 Rules.
Application of the 1980 Rules
3
Rules 2 to 12 of and Schedule 1A to the 1980 Rules shall apply in respect of the matters which are to be prescribed under Part I of the Maintenance Orders (Reciprocal Enforcement) Act 1972 as set out in Schedule 3 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 as if —
a
for the reference in rule 2 to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Order 1979 there were substituted a reference to the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (United States of America) Order 1995;
b
for rule 4(2)(b) there were substituted the following —
b
contain a sworn statement signed by the payee giving the following information —
i
the address of the payee;
ii
such information as is known as to the whereabouts of the payer; and
iii
a description, so far as is known, of the nature and location of any assets of the payer available for execution;
;
c
rules 4A(1)(a) and 4B(2)(a) were omitted;
d
for the reference to section 5(4)(b) of the Act in rule 6 there were substituted a reference to rule 5(5)(c);
e
rule 7 were omitted;
f
for references in rules 4, 9, 11 and 12 to “Hague Convention country”, wherever they appear, there were substituted references to “specified State”.
Mackay of Clashfern, C.
Dated 27th October 1995


text:
Citation
1
This Order may be cited as the Home Energy Conservation Act 1995 (Commencement No. 2) (England) Order 1995.
Commencement
2
1
Subject to paragraph (2), the Home Energy Conservation Act 1995 shall come into force on 1st April 1996.
2
Sections 3(1) and 4(1) and (2) of that Act shall come into force on 15th January 1996.
Application
3
This Order shall apply in relation only to energy conservation authorities whose areas are in England.
Signed by authority of the Secretary of State
Robert Jones
Minister of State,
Department of the Environment
29th December 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Personnel Services) (England) Regulations 1995 and shall come into force on 7th September 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 1988;
“the cost” means the estimated total annual cost including overheads;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F + G )
where
T
an amount equal to the cost to a defined authority of the specified work;
A
an amount equal to 70% of T or £400,000, whichever is greater;
B
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C
an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management where that functional work is not subject to section 6 of the Act;
E
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;
F
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and
G
an amount equal to the cost of specified work falling within paragraph 15(1)(g) of Schedule 1 to the Act where that work is wholly or partly funded by a grant made pursuant to section 1 of the Education (Grants and Awards) Act 1984 ;
“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(n) of the Act (personnel services other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;
“voluntary competitive tendering” means the awarding of work before 1st April 1994 following a competitive process in the course of which at least 3 persons who are not defined authorities were invited to tender for that work.
Application of section 6
3
1
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out —
a
on or after 1st October 1997 by a local authority which is subject to, or created by, a structural change or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 “a structural change”) where that structural change takes effect from 1st April 1995;
b
on or after 1st October 1999 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st October 1998 by a local authority which is subject to, or created by, a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st April 1998 by county councils or non-metropolitan district councils which are not subject to a structural change; or
e
on or after 1st October 1996 by any other defined authority except
i
those mentioned in section 1(1)(b), 1(1)(c), 1(1)(d), 1(1)(f) and 1(1)(g) of the Act; and
ii
a police authority.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
10th August 1995


text:
1
This Order may be cited as the Video Recordings (Review of Determinations) Order 1995 and shall come into force on 1st November 1995.
2
In this Order:
“the 1984 Act ” means the Video Recordings Act 1984;
“classification certificate” has the same meaning as it is given in section 7 of the 1984 Act ;
“the designated authority”, in relation to any transaction, means the person or persons designated under section 4 of the 1984 Act at the time of that transaction;
“a review” means a review under this Order of a determination as to the suitability of a video work;
“suitability” means suitability for the issue of a classification certificate or suitability for the issue of a certificate of a particular description;
“video work” has the same meaning as it is given in section 1 of the 1984 Act.
3
The designated authority may, if they think fit, review any determination made by them before 3rd November 1994 as to the suitability of a video work.
4
The designated authority shall determine on a review whether, if they were then determining the suitability of the video work, they would:
a
issue a classification certificate; or
b
issue a different classification certificate from that previously issued.
5
1
If the designated authority determine that they would not issue a classification certificate and the video work in question is one in respect of which a classification certificate has previously been issued, they shall cancel the classification certificate previously issued.
2
The cancellation referred to above shall take effect after the expiry of two weeks from the date of the designated authority’s determination.
6
1
If the designated authority determine that they would issue a different classification certificate, they shall cancel the classification certificate previously issued and issue a new one.
2
The cancellation and issue referred to above shall take effect after the expiry of three months from the date of the designated authority’s determination.
3
The three month period shall be suspended on the lodging of an appeal against the determination in accordance with arrangements made for such appeals and shall resume on the determination of the appeal.
7
A classification certificate which is cancelled under article 5(1) or 6(1) shall be treated, in relation to any act or omission occurring after its cancellation takes effect, as if it had not been issued.
8
1
Where the designated authority cancel a classification certificate under article 5(1) or 6(1) or issue a new one under article 6(1), they shall notify, in accordance with paragraphs (2) and (3) below, persons appearing to them to fall into the following categories of person of that fact, of the date on which the cancellation or issue will take effect in accordance with article 5(2) or 6(2), and of any relevant suspension or resumption under article 6(3):
a
persons owning the right to distribute in any part of the United Kingdom the video work in question;
b
bodies or organisations representing persons engaged in the distribution or supply of video recordings;
c
bodies or authorities having as a statutory function the enforcement of the 1984 Act in their respective areas;
d
persons engaged in the retail sale or rental of video recordings.
2
A notice under paragraph (1) (a), (b) or (c) above shall be sent by first class post to the intended recipient’s last known address.
3
A notice under paragraph (1) (d) above shall be placed, at such a time as will allow it to be read at the earliest possible date following the designated authority’s decision, in at least two publications which are widely read by persons engaged in the retail sale or rental of video recordings and which (between them) circulate throughout the United Kingdom.
9
1
Subject to paragraph (2) below, the provisions of section 4 of the 1984 Act shall apply to a determination made on a review as they apply to a determination made otherwise than on a review.
2
Where the video work in question is one in respect of which a classification certificate has previously been issued, no fee shall be recoverable by the designated authority in connection with a determination on a review or the issue of a classification certificate on a review.
10
The regulations made under section 8 of the 1984 Act shall apply to a video work in respect of which a classification certificate has been issued on a review as they apply to a video work in respect of which a classification certificate has otherwise been issued.
Blatch
Minister of State
Home Office
27th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepools Water Company (Constitution and Regulation) Order 1995 and shall come into force on 14th February 1995.
2
In this Order —
“the Company” means the Hartlepools Water Company; and
“the relevant provisions” means the local statutory provisions referred to in the special resolution of the Company passed on 12th December 1994.
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution of the Company passed on 12th December 1994 is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 12(1) of the Act as the date on which the memorandum and articles described in Schedule 1 to this Order shall come into force and the relevant provisions shall cease to have effect is 14th February 1995.
Consequential provision
4
The local statutory provisions specified in Schedule 2 to this Order are hereby repealed to the extent indicated in that Schedule.
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
16th January 1995


text:
1
This Order may be cited as the Value Added Tax (Supply of Services) Order 1995 and shall come into force on 1st August 1995.
2
The Value Added Tax (Supply of Services) Order 1993 shall be amended in accordance with the following provisions of this Order.
3
In article 2, for “1983” there shall be substituted “1994”.
4
In article 3, for “6 and 7” there shall be substituted “6, 6A and 7”.
5
In article 6 —
a
in paragraph (b), for “14 and 15” there shall be substituted “25 and 26”;
b
in paragraph (c), for “14(4)” there shall be substituted “24(5)”; and
c
in paragraph (d), for “4” there shall be substituted “6”.
6
After article 6 there shall be inserted the following —
6A
1
This Order shall not apply to any supply of services consisting of the letting on hire of a motor car where one half of the tax on that letting on hire was excluded from credit under section 25 of the Act by virtue of article 7 of the Value Added Tax (Input Tax) Order 1992 .
2
In paragraph (1) above, “motor car” has the same meaning as in article 2 of the Valued Added Tax (Input Tax) Order 1992.
Tim Wood
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 1995


text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, —
“ the Act ” means the Food Safety Act 1990;
“approval authority” means —
in relation to combined premises, the Minister; and
in relation to other premises, the food authority in whose area they are situated;
“approved” in relation to any premises, means approved under these Regulations and “approval” has a corresponding meaning;
“cold store” means any premises which store minced meat or meat preparations under refrigerated conditions;
“cold treatment” means treatment by refrigeration;
“combined premises” means —
any premises where minced meat or meat preparations are produced and which share a common curtilage with any licensed premises; or
in relation to cold stores, any licensed cold store which stores both fresh meat and unpackaged minced meat or meat preparations;
“contravention” in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravenes” has a corresponding meaning;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“enforcement authority” is to be construed in accordance with regulation 12;
“farmed game” means wild land mammals which are reared and slaughtered in captivity, excluding —
mammals of the family Leporidae ; and
wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game;
“farmed game bird meat” means the meat of birds, including ratites, but excluding poultry, which are not generally considered domestic but which are bred, reared and slaughtered in captivity;
“farmed game meat” means meat obtained from farmed game;
“final consumer” means a person who buys minced meat or meat preparations —
otherwise than for the purpose of resale;
for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or
for direct transport to premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as ready cooked take-away food for consumption off the premises;
“food authority” includes a port health authority;
“the Fresh Meat Regulations ” means the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“health mark” means a mark of a kind described in Schedule 7 and applied in accordance with regulation 7(1)(e) or 8(1)(h), as the case may be, and that Schedule;
“the Hygiene Regulations ” means the Fresh Meat Regulations, the Poultry Meat Regulations or the Wild Game Meat Regulations ;
“independent premises” means any premises which are not licensed premises or premises approved under the Meat Products Regulations ;
“industrial premises” means any establishment which produces minced meat or, even if no minced meat is produced, whose total production of meat products and meat preparations exceeds 7.5 tonnes per week;
“licensed” means licensed under the Hygiene Regulations;
“meat” means parts of animals, excluding solipeds, or birds which are suitable for human consumption and have been —
produced in establishments licensed under, and given a health mark in accordance with, the Hygiene Regulations; or
imported and examined in accordance with the Products of Animal Origin (Import and Export) Regulations 1992 ;
“meat preparation” means meat to which foodstuffs, seasonings or additives have been added or which has undergone a treatment insufficient to modify its internal cellular structure and so alter its characteristics;
“meat product” means any product, intended for human consumption, prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but does not include —
meat which has undergone only cold treatment;
minced meat;
meat preparations; or
mechanically recovered meat;
“the Meat Products Regulations” means the Meat Products (Hygiene) Regulations 1994 ;
“mechanically recovered meat” means meat which —
comes from residual meat on bones apart from
the bones of the head; and
the extremities of the limbs below the carpal and tarsal joints and, in the case of swine, the coccygeal vertebrae;
has been obtained by mechanical means; and
has been passed through a fine mesh such that its cellular structure has been broken down and it flows in puree form;
“minced meat” means meat which has been minced into fragments or passed through a spiral screw mincer and includes such meat to which not more than 1 per cent salt has been added;
“non-industrial premises” means any establishment whose total production of meat products and meat preparations does not exceed 7.5 tonnes per week and which does not produce minced meat;
“occupier” means a person carrying on the business of producing or storing minced meat or meat preparations;
“packaging”, in relation to minced meat and meat preparations, means the placing of one or more of those products, wrapped or unwrapped, in a container, as well as the container itself;
“the Poultry Meat Regulations” means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“premises” means any industrial or non-industrial premises;
“pre-prepared minced meat” means minced meat destined for use in a meat preparation but which has been stored, other than incidentally to a continuous manufacturing process, before such use;
“production” means manufacturing, preparing, processing, packaging, wrapping or rewrapping and “produce” has a corresponding meaning;
“registered premises” means premises which are not approved premises but which are licensed, approved under the Meat Products Regulations or registered under the Food Premises (Registration) Regulations 1991 ;
“relevant EEA State” means an EEA State other than Iceland;
“seasonings” means salt, mustard, spices and aromatic spice extracts, or aromatic herbs and aromatic extracts thereof;
“third country” means a country which is not a relevant EEA State;
“The Wild Game Meat Regulations” means the Wild Game Meat (Hygiene and Inspection) Regulations 1995 ;
“wrapping”, in relation to minced meat or meat preparations, means the placing of such products in material which comes into direct contact with them, as well as the material itself.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Exemptions
3
These Regulations shall not apply to —
a
premises producing or storing minced meat and meat preparations exclusively for direct sale in the United Kingdom to the final consumer from those premises or from a sales point adjacent to those premises;
b
the production of mechanically recovered meat; or
c
the production or sale of minced meat intended to be used as a raw material for the production of sausage meat destined for inclusion in a meat product.
PART II
APPROVAL OF PREMISES
Approval of premises
4
1
No person shall use any premises for the production of minced meat or meat preparations intended for consignment or sale for consignment to a relevant EEA State for human consumption unless those premises are approved under this regulation and comply with the appropriate requirements of the Schedules to these Regulations.
2
Subject to paragraph (3) below, on an application made to it under this regulation the approval authority shall approve the premises to which the application relates —
a
where the premises are licensed premises or premises approved under the Meat Products Regulations —
i
for the production of minced meat if it is satisfied that the requirements of Schedule 1 are met; and
ii
for the production of meat preparations if it is satisfied that the requirements of Schedule 2 are met; or
b
where the premises are independent premises, for the production of minced meat and meat preparations if it is satisfied that the requirements of Schedule 3 are met,
and shall refuse so to approve those premises if it is not so satisfied.
3
In the case of non-industrial premises the following derogations from the structural requirements for premises shall apply —
a
taps near work stations may be hand-operable;
b
an adequate number of lockers will suffice in place of changing rooms; and
c
the manufacture and wrapping of meat preparations may take place in the same room, provided that —
i
those operations constitute a single production cycle complying with the requirements of these Regulations and guaranteeing the safety of the raw materials and finished products; and
ii
the design and dimensions of the room so allow.
4
Each application for approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.
5
Any premises approved under this regulation shall be allocated an approval number.
6
The approval authority shall notify the applicant in writing of its decision on an application under this regulation and of the reasons for any refusal to grant approval.
Revocation of approvals
5
1
Subject to paragraph (3) below and to regulation 6(3), the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied that —
a
the premises no longer comply with these Regulations;
b
adequate health inspection of the premises is being hampered;
c
the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or
d
the premises have become exempt under regulation 3.
2
The approval authority shall give the occupier of the premises notice of revocation in writing, stating —
a
the date on which the revocation is to take effect; and
b
the reasons for the revocation.
3
An approval may not be revoked under paragraph 1(a) or (b) above unless —
a
there is in force in relation to the premises —
i
a prohibition order under section 11 of the Act; or
ii
an emergency prohibition order under section 12 thereof; and
b
under the order minced meat or meat preparations may no longer be produced at the premises.
4
In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the approval authority to have carried on at the premises the business of producing minced meat or meat preparations or his successor in respect of that business.
Right of appeal
6
1
Any person who is aggrieved by the refusal or revocation of an approval may appeal to a magistrates' court or, in Scotland, to the sheriff.
2
Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as it has effect in relation to an appeal under that section but with the omission of —
a
the references to appeals for which provision is made by regulations under section 37(2); and
b
subsection (5)(b) and the word “or” immediately preceding it.
3
A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
PART III
CONDITIONS FOR THE MARKETING OF MINCED MEAT AND MEAT PREPARATIONS
General conditions for the marketing of minced meat
7
1
No person shall consign or sell for consignment to a relevant EEA State for human consumption any minced meat produced in Great Britain unless it is derived from meat of bovine animals, pigs, sheep or goats, and —
a
it has been produced in approved premises;
b
it has been prepared from striated muscle (other than heart muscle), including the adjoining fatty tissues, which, in the case of pigmeat, has been examined for trichinae ( trichinella spiralis ) or has undergone the appropriate treatment as described in Council Directive 77/96/ EEC on the examination for trichinae upon importation from third countries of fresh meat derived from domestic swine;
c
it has been produced in accordance with the appropriate requirements of Schedule 4;
d
it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;
e
it has been labelled and given a health mark in accordance with the requirements of Schedule 7;
f
it has been wrapped and packaged in accordance with the requirements of Schedule 8 and stored in a cold store in accordance with the requirements of Schedule 9;
g
it is transported in accordance with the requirements of Schedule 10;
h
it is accompanied during transportation by a commercial document and, where appropriate, by a health certificate in accordance with regulation 9;
i
where the meat from which it is derived has been frozen or deep frozen, such meat was de-boned prior to freezing or deep-freezing and, after freezing or deep-freezing, was stored for not more than 18 months in the case of beef or veal, 12 months in the case of sheep meat or goat meat and 6 months in the case of pig meat, except that the boning of sheep meat and pig meat may have taken place immediately before mincing provided that this operation was carried out under hygienic conditions;
j
where the meat from which it is derived has been chilled, such meat has been minced within 6 days of slaughter or, in the case of boned, vacuum-packed beef or veal, within 15 days thereof;
k
it has undergone cold treatment within one hour of portioning and wrapping, except where processes were used requiring the lowering of the internal temperature of the meat during production;
l
where it is packaged and presented chilled, it is obtained from meat as described in sub-paragraph (j) above and cooled to an internal temperature below 2°C as quickly as reasonably possible, except that a limited quantity of frozen meat as described in sub-paragraph (i) above may be added to the meat before mincing to accelerate the refrigeration process, provided that this addition is mentioned on the label and the cooling time referred to above does not exceed one hour;
m
where it is packaged and presented deep frozen, it is obtained from meat as described in sub-paragraph (i) or (j) above and complies with the conditions specified in paragraph 1 of Schedule 1 to the Quick-frozen Foodstuffs Regulations 1990 ;
n
it has not been treated by ionising or ultraviolet radiation; and
o
where any of the designations specified in the table in paragraph 1 of Schedule 11 are used as described in that table on the packaging, the requirements as to total fat content, and collagen content of meat protein, appearing opposite that designation in that table are met.
2
No person shall sell for human consumption in Great Britain minced meat produced in the United Kingdom unless —
a
it has been produced in approved premises or in registered premises which comply with the requirements of Schedule 1 or Schedule 3, as appropriate;
b
it has been produced in accordance with the requirements of paragraphs 1, 2 and 6 of Schedule 4;
c
it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;
d
it has been wrapped and packaged in accordance with the requirements of Schedule 8 and stored in a cold store in accordance with the requirements of paragraphs 4 and 5 of Schedule 9; and
e
where any of the first three designations specified in the table in paragraph 1 of Schedule 11 are used as described in that table on the packaging, the requirements as to total fat content, and collagen content of meat protein, appearing opposite that designation in that table are met.
3
Paragraph (1) above shall not apply to minced meat originating in a relevant EEA State or a third country, save that such minced meat shall be handled and transported in accordance with these Regulations.
4
No person shall affix the health mark to any minced meat which does not satisfy the requirements specifed in paragraph (1) above.
General conditions for the marketing of meat preparations
8
1
No person shall consign or sell for consignment to a relevant EEA State for human consumption any meat preparation unless —
a
it has been produced in approved premises;
b
where it is derived from pig meat, such meat has been examined for trichinae ( trichinella spiralis ) or has undergone the appropriate treatment as described in Council Directive 77/96/EEC ;
c
where the meat from which it is derived has been deep frozen, such meat has been used within, in the case of beef and veal, 18 months of slaughter, in the case of sheep meat, goat meat, poultry meat, rabbit meat and farmed game meat, 12 months thereof and, in the case of other meat, six months thereof;
d
where it is packaged and presented chilled, it has been cooled as quickly as reasonably possible to an internal temperature below —
i
2°C where it contains minced meat;
ii
7°C where it contains fresh meat;
iii
4°C where it contains poultry meat; and
iv
3°C where it contains offal;
e
where it is packaged and presented deep frozen, it complies with the conditions specified in paragraph 1 of Schedule 1 to the Quick-frozen Foodstuffs Regulations 1990;
f
it has been produced in accordance with the provisions of Schedule 5;
g
it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;
h
it has been labelled and given a health mark in accordance with the provisions of Schedule 7;
i
it has been wrapped and packaged in accordance with the provisions of Schedule 8 and stored in a cold store in accordance with the provisions of Schedule 9;
j
it has been transported in accordance with the provisions of Schedule 10; and
k
it has not been treated by ionising radiation, save where this has taken place for medical purposes.
2
No person shall consign or sell for consignment to a relevant EEA State for human comsumption meat preparations containing pre-prepared minced meat of bovine animals, pigs, sheep or goats unless such minced meat satisfied the requirements of regulation 7(1), except that this provision shall not apply to fresh sausage and sausage meat.
3
No person shall sell for human consumption in Great Britain any meat preparation produced in the United Kingdom unless —
a
it has been produced in approved premises or in registered premises which comply with the requirements of Schedule 2 or Schedule 3, as appropriate;
b
it has been produced in accordance with the requirements of paragraphs 1 and 2 (ii) of Schedule 5;
c
it has been checked in accordance with the relevant provisions of paragraph 1 of Schedule 6;
d
it has been stored in a cold store in accordance with the requirements of paragraphs 4 and 5 of Schedule 9, or, where it is unpackaged, in a licensed cold store; and
e
it has not been treated by ionising radiation save where this has taken place for medical purposes.
4
Paragraphs (1) and (2) above shall not apply to meat preparations orginating in a relevant EEA State or a third country, save that such meat preparations shall be handled and transported in accordance with these Regulations.
5
No person shall affix the health mark to any meat preparation which does not satisfy the requirements specified in paragraph (1) above.
Transport documentation
9
1
The occupier of approved premises shall ensure that minced meat and any meat preparation intended for consigment to a relevant EEA State is accompanied during the transportation from the premises —
a
by an invoice or delivery note containing the following information —
i
the approval number of the premises in which the minced meat or meat preparation was produced and, in the case of frozen minced meat, the month and year of freezing; and
ii
in the case of minced meat destined for Finland or Sweden, a statement that the minced meat is free from salmonella bacteria; and
b
in the case of minced meat or any meat preparations —
i
which is obtained from any premises situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981 ; or
ii
which will be transported through a third country; by a health certificate corresponding in form and content to that specified in Schedule 12 or Schedule 14, as the case may be, such certificate to be kept by the consignee for presentation upon request to the enforcement authority.
2
In the case of minced meat or any meat preparation which has been consigned to a relevant EEA State and is intended for export to a third country, where the competent authority in the relevant EEA State so requests, veterinary certification shall be provided at the expense of the occupier of the approved premises in which the minced meat was produced.
3
Any person who receives minced meat or meat preparations direct from any approved premises shall keep the invoice or delivery note so that it can be produced at the request of the enforcement authority.
PART IV
ADMINISTRATION, PENALTIES AND ENFORCEMENT
Information to be provided by food authorities
10
Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.
Duties of occupier
11
1
The occupier of any premises shall take all necessary measures to ensure that these Regulations are complied with at all stages of production of minced meat or meat preparations and shall carry out his own checks to ensure —
a
that critical points in the premises relative to production are identified and acceptable to the enforcement authority;
b
that methods for monitoring and controlling such critical points are established and acceptable to the enforcement authority;
c
that, when samples are taken for the purpose of checking compliance with the hygiene standards required by these Regulations, they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority;
d
that as far as is reasonable and practicable a record in permanent form is kept, to be made available to the enforcement authority upon request, in respect of the matters specified in sub-paragraphs (a) to (c) above for a period of at least two years, or, in the case of chilled minced meat or meat preparations, for a period of six months after the expiry of the “use-by” date;
e
that health marking is controlled and carried out properly;
f
that the enforcement authority is notified immediately when a laboratory examination of samples or any other information at the occupier’s disposal reveals a health risk; and
g
in the event of an imminent health risk, that any minced meat or meat preparation obtained under technologically similar conditions and likely to present a similar degree of risk is withdrawn from the market, and that any minced meat or meat preparation so withdrawn is held under the supervision and control of the enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.
2
The occupier of any premises shall further ensure —
a
that each worker is given instruction and training with regard to hygiene matters appropriate to the tasks undertaken by that worker;
b
that the packaging of the products bears a clear and legible indication of the temperature at which the products are to be transported and stored and —
i
in respect of chilled products, the use-by date; or
ii
in respect of deep frozen products, the minimum durability date; and
c
that microbiological tests are conducted at the frequency, and assessed using the criteria for interpretation, laid down in Schedule 11 or 13, as appropriate.
Supervision and enforcement
12
1
In relation to combined premises the Minister shall be responsible for the supervision under these Regulations of those premises and for enforcing and executing these Regulations in relation to those premises.
2
For the purposes of paragraph (1) above, any veterinary surgeon designated as an Official Veterinary Surgeon in accordance with the Hygiene Regulations in relation to any combined premises shall have overall responsibility under these Regulations for the performance in those premises of the functions described in paragraph (1), and the Minister shall appoint any such person to be an authorised officer of the Minister for the purpose of these Regulations.
3
For the purposes of paragraph (1) above, any person appointed by the Minister as an inspector under the Hygiene Regulations in any combined premises may act under the supervision and responsibility of an Official Veterinary Surgeon in relation to the performance in those premises of the functions described in paragraph (1).
4
In relation to any premises other than combined premises, responsibility for the supervision under these Regulations of those premises and for enforcing and executing these Regulations in relation to those premises shall lie with the food authority in whose area the premises are situated.
5
For the purposes of paragraph (4) above any person qualified to be an inspector in accordance with regulation 8(3) of the Fresh Meat Regulations or regulation 8(2) of and Schedule 16 to the Poultry Meat Regulations may act under the supervision and responsibility of an authorised officer of a food authority in relation to the functions described in paragraph (1).
6
Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that, by virtue of paragraph (1) or (4) above, has the responsibilities described in paragraph (1) above.
7
Premises shall be inspected and monitored in accordance with Schedule 6.
Offences and penalties
13
1
If —
a
a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or
b
the occupier of any premises fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to those premises with any provision of these Regulations,
he shall be guilty of an offence and shall be liable —
i
on summary conviction, to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
No prosecution for such an offence shall commence after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Application of various sections of the Act
14
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumptions that food intended for sale for human consumption);
section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate) subject to the modification that a reference to a body corporate includes a Scottish partnership and a reference to a director includes a reference to a partner in a Scottish partnership; and
section 44 (protection of officers acting in good faith).
PART V
MISCELLANEOUS AND SUPPLEMENTARY
Minced meat and meat preparations from Northern Ireland, the Isle of Man and the Channel Islands
15
1
No person shall sell for human consumption any minced meat or meat preparation produced or stored in a place to which this regulation applies and intended for consignment to a relevant EEA State unless any such production or storage in that place was in accordance with legislation having effect in that place and corresponding to the provisions of these Regulations concerning the consignment or sale for consignment of such products to a relevant EEA State for human consumption.
2
No person shall sell for human consumption in Great Britain any minced meat or meat preparation which has been produced or stored in a place to which this regulation applies unless such production or storage in that place was in accordance with legislation having effect in that place and corresponding to the provisions of these Regulations concerning the sale of such products for human consumption in Great Britain.
3
The places to which this regulation applies are Northern Ireland, the Isle of Man and the Channel Islands.
Amendments
16
1
After regulation 3(2)(g) of the Food Premises (Registration) Regulations 1991 there shall be added —
h
as premises, approved under regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995, producing minced meat or meat preparations for export to another State (other than Iceland) which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993.
.
2
In Part III of Schedule 2 to the Meat Products (Hygiene) Regulations 1994 —
a
paragraph 1(3) shall be replaced by —
3
Meat obtained from premises granted derogations under Directive 91/498/EEC , or from the low throughout premises referred to in regulation 2 of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 or the Fresh Meat (Hygiene and Inspection) Regulations 1995 —
a
may be held in approved meat products premises provided that it is stored separately from meat bearing an EC health mark; and
b
may be used in the same place or at the same time as meat bearing an EC health mark, provided that, in the case of meat fom derogated premises, an authorisation in accordance with regulation 18 has been obtained, but meat products obtained from such meat shall not bear the British EC health mark.
; and
b
in paragraph 3(a) —
i
“Directive 88/657/EEC ” shall be replaced by “the Minced Meat and Meat Preparations (Hygiene) Regulations 1995”, and
ii
the words “that Directive” shall be replaced in both places where they occur by “those Regulations”.
3
In regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995 , after paragraph (2)(1) there shall be inserted —
m
the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.
.
4
In regulation 20(4) of the Poultry Meat Regulations, “(1) or” shall be deleted.
5
In the Wild Game Meat Regulations —
a
in regulation 16(4) “paragraphs (1) and” shall be replaced by “paragraph”; and
b
in regulation 19(1), after “regulation 3” there shall be inserted “, regulation 12(1)(e)”.
6
After regulation 3(2)(k) of the Food Safety (Temperature Control) Regulations 1995 there shall be added —
l
the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th December 1995
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
3rd December 1995
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
8th December 1995
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
8th December 1995


text:
Citation and commencement
1
This Order may be cited as the Kent Ambulance National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 2nd November 1995.
Amendment of NHS trust Establishment Order
2
In Article 4 of the Kent Ambulance National Health Service Trust (Establishment) Order 1993 for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th October 1995


text:
Citation and commencement
1
These Regulations may be cited as the Transport and Works (Assessment of Environmental Effects) Regulations 1995 and shall come into force on 1st August 1995.
Amendment of the Transport and Works Act 1992
2
In section 14 of the Transport and Works Act 1992 (publicity for making or refusal of orders under section 1 or 3 as to railways, tramways, inland waterways, etc. ), after subsection (3) there shall be inserted —
3A
Where a determination under section 13(1) above relates to an application or proposal to which this subsection applies, the notices under subsection (1) above shall state that, before the Secretary of State made the determination —
a
he considered the environmental statement, and
b
he complied with any obligations under section 10 above in respect of any objection made in accordance with rules under that section which relates to the environmental statement, and
c
he considered, or referred to an inquiry under section 11(1) above or a person appointed under section 11(2), any representation duly made to him (other than an objection) which relates to the environmental statement.
3B
Subsection (3A) above applies to any application under section 6 above for an order, and any proposal to make an order by virtue of section 7 above, where the order would authorise —
a
works or other projects in a class listed in Annex I to Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment, or
b
works or other projects in a class listed in Annex II to that Directive which are, by virtue of their nature, size or location, likely to have significant effects on the environment.
3C
The Secretary of State shall send a copy of any notice to which subsection (3A) above applies to any person who made —
a
an objection to which paragraph (b) of that subsection refers, which was not referred to an inquiry or hearing in accordance with section 11(3) above, or
b
a representation to which subsection (3A) (c) above refers.
3D
For the purposes of subsection (3A) above, “environmental statement” means a statement —
a
which is required by virtue of rules made under section 6 above —
i
to accompany an application under that section for an order; or
ii
to be prepared in connection with the publication of a notice of a proposal to make an order by virtue of section 7 above, and
b
which sets out particulars of the likely impact on the environment of the implementation of the order applied for or proposed.
Signed by authority of the Secretary of State for Transport, one of Her Majesty’s Principal Secretaries of State.
John Watts
Minister of State,
Department of Transport
13th June 1995


text:
PART I
GENERAL
Citation, commencement, interpretation and service of documents
1
1
These Regulations may be cited as the Civil Aviation (Air Travel Organisers' Licensing) Regulations 1995 and shall come into force on 10th May 1995.
2
In these Regulations, unless the context otherwise requires:
“ the Act ” means the Civil Aviation Act 1982;
“ the Authority ” means the Civil Aviation Authority;
“licence” means an air travel organiser’s licence granted by the Authority under these Regulations;
“publish” (except in regulation 10(2)) means publish in the Authority’s official record;
“an ATOL receipt” means a document which complies with requirements published from time to time by the Authority for such a document;
“an ATOL confirmation invoice” means a document which complies with requirements published from time to time by the Authority for such a document;
“flight accommodation” means accommodation for the carriage of persons on flights by aircraft (whether or not registered in the United Kingdom) in any part of the world; and
“a valid ticket” means a ticket which is, without the need for any further payment but otherwise subject to its terms and conditions, valid for travel on the intended flight.
3
Any document to be served on any person under these Regulations may be served:
a
by delivering it to him;
b
by leaving it at his proper address;
c
by sending it by post to him at that address; or
d
by sending it to him at that address by telex or by facsimile transmission or any other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received;
and where the person is a body corporate the document may be served upon the secretary of that body.
4
For the purposes of paragraph (3) of this regulation the proper address of any person to whom or on whom any document is to be served shall, in the case of a body corporate, be the registered or principal office of that body and in any other case be the last known address of that person.
5
Any period of time specified in these Regulations by reference to days or months shall be exclusive of the first day and inclusive of the last day, unless the last day falls on a Saturday, Sunday, Christmas Day, Good Friday or any day appointed by law to be a bank holiday in any part of the United Kingdom, in which case the time shall be reckoned exclusive of that day also.
6
In computing any period of time specified in these Regulations by reference to hours the whole of any Saturday, Sunday, Christmas Day, Good Friday or bank holiday shall be disregarded, and for that purpose any day appointed by law to be a bank holiday in any part of the United Kingdom shall be treated as a bank holiday.
Revocation of Regulations
2
The Regulations specified in the Schedule hereto are hereby revoked.
PART II
REGULATION OF PROVISION OF ACCOMMODATION IN AIRCRAFT
Who may provide flight accommodation
3
1
No person shall, in the United Kingdom, make available flight accommoda-tion unless:
a
he will be the operator or reasonably believes that he will be the operator of the relevant aircraft when the flight is made (in these Regulations called “an operator”);
b
he holds a licence authorising him to do so, and the terms of the licence are complied with so far as they relate to the provision of that accommodation (in these Regulations called “a licence holder”);
c
he is acting as agent on behalf and with the authority of a disclosed identified principal who is a licence holder (in these Regulations called “an agent for a licence holder”);
d
he is a person who is exempted by the Authority under regulation 5 from the need to hold a licence (in these Regulations called “an exempted person”); or
e
before accepting any payment he supplies a valid ticket in accordance with regulation 4 in respect of any flight accommodation which he makes available (in these Regulations called “a ticket provider”).
2
No person shall, in the United Kingdom, hold himself out as a person who may make available flight accommodation unless:
a
i
he is entitled to make available that accommodation as an operator, a licence holder, an agent for a licence holder or an exempted person; or
ii
he is capable of supplying a valid ticket in accordance with regulation 4 for any flight accommodation in respect of which he holds himself out as being able to make available; and
b
at all times in the course of holding himself out as a person who may make available flight accommodation, he discloses the capacity in which he is entitled to make that accommodation available.
Acceptance of payment and provision of receipt
4
1
A person acting in his capacity as a licence holder shall not accept payment in respect of the making available of flight accommodation unless he supplies, by the specified method, to the person from whom such payment is accepted, an ATOL receipt or an ATOL confirmation invoice.
2
a
A person acting in his capacity as the agent of a licence holder shall not accept payment in respect of the making available of flight accommodation unless he supplies, by the specified method, to the person from whom such payment is accepted, an ATOL receipt or an ATOL confirmation invoice.
b
Where such a person supplies an ATOL receipt, he shall, by the specified method, notify the licence holder on whose behalf he is acting. Such notification shall include sufficient information to enable the licence holder to issue an ATOL confirmation invoice. Upon receipt of the ATOL confirmation invoice from the licence holder, the agent shall forward it by the specified method to the person to whom he supplied the relevant ATOL receipt.
3
A person acting in his capacity as a ticket provider shall not accept payment in respect of the making available of flight accommodation unless he has either previously supplied, or supplies by the specified method, to the person from whom such payment is accepted, a valid ticket.
4
Before a payment for flight accommodation is accepted from or on behalf of a person who is not present at the time, that person shall be advised, by some appropriate means, of the name of the person accepting the payment, the capacity in which he is making available the accommodation and, if he is acting as an agent for a licence holder, the name of the licence holder and the number of the licence.
5
For the purposes of this regulation “the specified method” shall mean:
a
in the case of a document required to be given to a person from whom payment is accepted and who is present, by handing the required document to him in person at the time such payment is made; and
b
in any other case, by sending the required document by first class post or by some other means no less expeditious as soon as reasonably practicable and in any event not later than the following working day.
Power to exempt
5
The Authority may by an instrument in writing exempt from the need to hold a licence any person or any class or description of persons specified in the instrument, and any such exemption may be subject to such conditions and limitations as the Authority thinks fit and may be revoked or varied by a subsequent instrument in writing. Any instrument which specifies a class or description of persons, or which revokes or varies any such instrument, shall not come into force until it has been published.
PART III
LICENSING PROVISIONS
Grant and refusal of licences
6
1
a
Subject to sub-paragraph (b), an application for the grant of a licence shall be made in writing to the Authority and where such an application is made the Authority shall
i
grant a licence to the applicant in the terms requested in the application;
ii
grant a licence in those terms with such modifications and subject to such conditions as the Authority thinks fit; or
iii
refuse to grant a licence.
b
The Authority may refuse to consider an application unless it is accompanied by the charge payable under section 11 of the Act.
2
a
The Authority shall refuse to grant a licence in pursuance of an application if the Authority is not satisfied that the applicant is a fit person to make available flight accommodation (and in determining whether the applicant is a fit person the Authority shall have regard to his and his employees' past activities generally and, where the applicant is a body corporate, to the past activities generally of the persons appearing to the Authority to control that body, but shall not be obliged to refuse a licence on the grounds that it considers the applicant has insufficient experience in making available accommodation for the carriage of persons on flights).
b
The Authority may refuse to grant a licence in respect of an application if the Authority is not satisified that the resources of the applicant and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the activities in which he is engaged (if any) and in which he may be expected to engage if he is granted the licence.
3
If the holder of a current licence applies for the grant of another licence in continuation of or in substitution for the current licence and his application:
a
contains such particulars with respect to such matters relating to his fitness, resources and financial arrangements as the Authority may have specified in respect of the holder of that licence in a notice in writing served on him not less than four months before the expiration of the term of the current licence (or in the case of a licence having a term of less than six months at the time of the grant of the licence);
b
is accompanied by the charge payable under section 11 of the Act; and
c
is served on the Authority not less than three months (or half the term of the current licence whichever be the less) before the expiration of the term of the current licence;
then, unless the application is withdrawn and without prejudice to the Authority’s power to revoke, suspend or vary the current licence, the current licence shall not cease to be in force by reason only of the expiration of that term until the Authority gives its decision on the application.
Revocation, suspenson and variation of licences
7
1
The holder of a licence may apply for it to be revoked, suspended or varied at any time, but may not apply for the variation of such a schedule of terms as is mentioned in regulation 10 of these Regulations.
2
The Authority may refuse to consider any application for variation of a licence unless it is accompanied by the charge payable under section 11 of the Act.
3
a
The Authority shall revoke, suspend or vary a licence (whichever the Authority thinks appropriate in the circumstances) if the Authority, after complying with the procedure prescribed in regulation 9 of these Regulations, is no longer satisfied that the holder of the licence is a fit person to make available accommodation for the carriage of persons on flights under the authority of the licence.
b
The Authority may revoke, suspend or vary a licence (whichever the Authority thinks appropriate in the circumstances) if the Authority, after complying with the procedure prescribed in regulation 9 of these Regulations, is not or is no longer satisfied that the resources of the holder of the licence and the financial arrangements made by him are adequate for discharging his actual and potential obligations in respect of the activities in which he is engaged.
4
The provisions of paragraph (3) of this regulation conferring on the Authority power to suspend a licence shall be construed as conferring on the Authority power to provide, by a notice in writing served on the holder of the licence, that the licence shall not be effective during a period specified in the notice; and while a licence is ineffective by virtue of such a notice the Authority may, by a further notice in writing served on the holder of the licence, provide that the licence shall be effective on and after a date specified in the further notice, but the further notice shall not prejudice the Authority’s powers to suspend the licence again or to revoke or vary it.
Regulation of the conduct of the Authority
8
1
The functions conferred upon the Authority by these Regulations are hereby prescribed for purposes of section 7(2) of the Act.
2
The function of making a decision to:
a
revoke, suspend or vary a licence otherwise than on the application of the holder;
b
grant or vary a licence in terms other than those requested by the applicant; and
c
refuse to grant a licence,
is hereby prescribed for the purposes of section 7(1) of the Act: and for the purpose of making any such decision, the quorum of the Authority shall be one member.
3
Any other decision to grant, revoke, suspend or vary a licence may be made on behalf of the Authority only by a member or employee of the Authority.
Procedure for determining applications etc.
9
1
Subject to paragraph (2) of this regulation, if it is proposed to make a decision as to a matter which is mentioned in sub-paragraph (a), (b) or (c) of regulation 8(2) of these Regulations, the Authority shall —
a
serve on the holder of or applicant for the licence, as the case may be, not less than 21 days' notice of the proposal to make such a decision and of the reasons for the proposal; and
b
consider any representations he may serve on the Authority before the expiration of the said notice.
2
The Authority may suspend a licence notwithstanding that it has not complied with the requirements of paragraph (1) of this regulation if it has served on the holder of the licence not less than 72 hours notice of its proposal to suspend the licence, and of its reasons for the proposal, and after considering any representations which may be made to it by the holder of the licence before the expiration of such notice is no longer satisified as mentioned in regulation 7(3)(a) or (b) of these Regulations.
3
Where the Authority makes a decision as to a matter which is mentioned in sub-paragraphs (a), (b) or (c) of regulation 8(2) of these Regulations the Authority shall furnish a statement of its reasons for the decision to the applicant for the licence or, as the case may be, to the holder or former holder of it.
Variation of schedule of terms
10
1
If the Authority establishes any schedule of terms and includes in any licence a condition that the holder of the licence shall comply with terms set out in that schedule as varied from time to time by the Authority, the Authority may at any time propose to vary that schedule or any part thereof and any such proposal shall for the purposes of these Regulations be treated as a proposal for the variation of every licence which contains such a condition as aforesaid relating to that schedule or that part of that schedule, as the case may be.
2
When any licence contains such a condition as aforesaid relating to a schedule the Authority shall publish that schedule and any variation of it in its official record or otherwise.
Appeal to county court or Sheriff Court
11
1
Subject to paragraph (2) of this regulation, an appeal shall lie to a county court from any decision of the Authority that a person is not a fit person to hold a licence and, if the court is satisfied that on the evidence submitted to the Authority it was wrong in so deciding, the court may reverse the Authority’s decision and the Authority shall give effect to the court’s determination.
2
a
If the appellant resides or has his registered or principal office in Scotland the appeal shall lie to the sheriff within whose jurisdiction he resides or, as the case may be, has his registered or principal office and the appeal shall be brought within 21 days from the date of the Authority’s decision, or within such further period as the sheriff may in his discretion allow.
b
Notwithstanding any provision to the contrary in rules governing appeals to a county court in Nothern Ireland, if the appellant resides or has his registered or principal office in Northern Ireland the appeal shall lie to the county court held under the County Courts (Northern Ireland) Order 1980 for the division in which he resides or, as the case may be, has his registered or principal office.
3
The Authority shall be a respondent to any appeal under this regulation.
4
For the purposes of any provision relating to the time within which an appeal may be brought, the Authority’s decision shall be deemed to have been taken on the date on which the Authority furnished a statement of its reasons for the decision to the applicant for the licence or, as the case may be, the holder or former holder of it.
5
In the case of an appeal to the sheriff —
a
the sheriff may, if he thinks fit, and shall on the application of any party, appoint one or more persons of skill and experience in the matter to which the proceedings relate to act as assessor, but where it is proposed to appoint any person as an assessor objection to him either personally or in respect of his qualifications may be stated by any party to the appeal and shall be considered and disposed of by the sheriff;
b
the assessors for each sheriffdom shall be appointed from a list of persons approved for the purposes by the sheriff principal and such a list shall be published in such manner as the sheriff principal shall direct and shall be in force for three years only, but persons entered in any such list may be again approved in any subsequent list: it shall be lawful for the sheriff principal to defer the preparation of such a list until application has been made to appoint an assessor in an appeal in one of the courts in his sheriffdom;
c
the sheriff before whom an appeal is heard with the assistance of an assessor shall make a note of any question submitted by him to such assessor and of the answer thereto;
d
an appeal shall lie on a point of law from any decision of a sheriff under this regulation to the Court of Session.
Transfer of licences
12
1
Subject to the provisions of this regulation, if the sole holder of a licence (being an individual) shall die the licence shall be treated from the time of his death as if it had been granted to his legal personal representative.
2
The legal personal representative required by paragraph (1) of this regulation to be treated as the holder of the licence may apply to the Authority for the transfer of the licence to any person entitled to a beneficial interest in the deceased’s estate (including himself in his personal capacity if he is in that capacity entitled to such an interest).
3
The application shall state the grounds on which it is based and shall be served on the Authority within the period of 20 days from the day on which the applicant first became entitled to make it; and if no application as aforesaid is made within that period the licence shall cease at the expiration of that period to be treated as if granted to a person other than the person to whom it was granted.
4
The Authority shall not grant an application for the transfer of a licence to any person if it would be bound under regulation 6(2)(a) of these Regulations to refuse that application if it were an application for the grant of a licence to that person, and the provisions of regulation 11 as to appeals shall apply accordingly.
5
For the purposes of this regulation “legal personal representative” means a person constituted executor, administrator or other representative of a deceased person by probate, administration or other instrument.
Surrender of licences
13
If revocation or variation of a licence has taken effect, the Authority may require any person who has the licence in his possession or control to surrender it for cancellation or variation, as the case may be.
Compliance with licence and furnishing of false information
14
1
Without prejudice to the provisions of regulation 3(1)(b), no person shall contravene any term of a licence held by him.
2
No person shall give, by whatever means, an indication direct or indirect that he holds a licence which he does not in fact hold.
3
No person shall, for the purpose of obtaining for himself or another person a licence or a variation of a licence or the cancellation of the suspension of a licence, knowingly or recklessly furnish to the Authority any information which is false in a material particular.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
15
1
Any person who fails, without reasonable cause, to comply with any requirement of the Authority pursuant to regulation 13 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding Level 3 on the standard scale.
2
A person who contravenes the provisions of regulations 3, 4 or 14 shall be guilty of an offence and shall be liable on summary conviction to a fine of an amount not exceeding the statutory maximum or on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years or both.
3
a
Subject to sub-paragraph (b), summary proceedings for an offence under these Regulations may be commenced in Scotland within a period of six months from the date on which evidence sufficient in the opinion of the Procurator Fiscal to warrant proceedings came to his knowledge.
b
No such proceedings shall be commenced by virtue of this regulation more than three years after the commission of the offence.
c
For the purposes of this regulation, a certificate signed by or on behalf of the Procurator Fiscal and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
d
Section 331(3) of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 8 and Transitional Provision) Order 1995.
2
In this Order any reference to a section or a schedule is a reference to a section of or, as the case may be, a schedule to, the Criminal Justice and Public Order Act 1994.
3
Sections 75 and 76 and paragraph 53 of Schedule 10 (squatters: interim possession orders: power of entry) shall come into force on 24th August 1995.
4
Section 45, Schedule 5 and paragraph 65 of Schedule 10 (extension of procedures for guilty pleas) shall come into force on 4th September 1995.
5
1
Subject to paragraph (2) below, section 89 (video recordings: restriction of exemptions) shall come into force on 1st November 1995.
2
Paragraph (1) above does not apply in relation to a video work of which a video recording has been supplied or offered for supply prior to 1st November 1995.
3
In this article “video work” and “video recording” have the same meanings as in the Video Recordings Act 1984 .
6
Section 168 shall, so far as it is not already in force, come into force on 4th September 1995 to the extent necessary to bring into force on that date the provisions of Schedule 11 (repeals) so far as it relates to the following enactments:
Prosecution of Offences Act 1985 (c. 23)
Criminal Justice Act 1988 (c. 33) : sections 25, 34 and 160.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd July 1995