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PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“the 1994 Regulations ” means the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994 ;
“batch” means a quantity of meat of the same species and type produced by or obtained from the same production run and from the same flock of origin;
“birds” means poultry or farmed game birds;
“carcase” means —
in relation to birds, the whole body of a bird after bleeding, plucking and evisceration, whether or not the heart, liver, lungs, gizzard, crop, kidneys, legs at the tarsus, head, oesophagus or trachea have been removed; and
in relation to rabbits, the whole body of a rabbit after bleeding, skinning and evisceration, whether or not the limbs at the carpus and tarsus, head or tail have been removed;
“cold store” means any premises, not forming part of a slaughterhouse, cutting premises or a re-wrapping centre, used for the storage, under temperature controlled conditions, of fresh meat intended for sale for human consumption;
“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision, and “contravenes” has a corresponding meaning;
“ Council Directive 71/118/EEC ” means Council Directive 71/118/ EEC on health problems affecting the production and placing on the market of fresh poultrymeat, as amended and updated by Council Directive 92/116/EEC (c);
“ Council Directive 91/495/EEC ” means Council Directive 91/495/EEC concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat, as amended by Council Directive 92/65/EEC ;
“country of destination” means the relevant EEA State to which fresh meat is sent from another EEA State;
“cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;
“cutting up” means cutting carcases into smaller cuts or removing bones from carcases or parts of carcases;
“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 but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the State of Liechtenstein;
“farmed game birds” means 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 the meat of farmed game birds;
“final consumer” means a person who buys fresh meat —
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 cooking 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 for sale as take-away food for consumption off those premises;
“fresh”, as applied to meat, means all meat, including chilled or frozen meat, which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere;
“health mark” means a mark of a kind set out in Schedule 11 and applied in accordance with regulation 12 and that Schedule;
“inspector” means a person who —
has a qualification specified in Schedule 16; and
is appointed as an inspector in accordance with regulation 8(2);
“licensed”, in relation to any slaughterhouse, cutting premises, cold store or re-wrapping centre, means licensed by the Minister under regulation 4, and “licence”has a corresponding meaning;
“local market” means a market held in the same locality as, or in a neighbouring locality to, that in which the premises in question are situated;
“locality” means the area comprised within the boundary of —
in relation to England:
a metropolitan county named in Part I or a non-metropolitan county named in Part II of Schedule 1 to the Local Government Act 1972
the Isles of Scilly, which shall be regarded as one locality; or
Greater London, as defined in section 2(1) of the London Government Act 1963 ;
in relation to Wales, a preserved county named in Part III of Schedule 4 to the Local Government Act 1972 , save that the counties of Mid Glamorgan, South Glamorgan and West Glamorgan shall be regarded as one locality; and
in relation to Scotland, a region named in Part I or an islands area named in Part II of Schedule 1 to the Local Government (Scotland) Act 1973 ,
subject, in relation to a county in England or Wales or a London borough comprised within the area of Greater London referred to in this definition, to any alterations made under Part IV of the Local Government Act 1972, and, in relation to a region in Scotland, to any alterations made under Part II of the Local Government (Scotland) Act 1973;
“low throughput” —
in relation to a slaughterhouse, means a throughput of not more than 150,000 birds or 300,000 rabbits each year;
in relation to cutting premises, means a production of not more than 3 tonnes of cut up fresh meat each week;
“meat” means all parts of a bird or rabbit which are fit for human consumption;
“occupier” means any person carrying on the business of a slaughterhouse, cutting premises, a cold store or a re-wrapping centre (either separately or together) or his duly authorised representative and, in relation to an application in respect of any such premises for a licence under regulation 4, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;
“offal” means fresh meat other than that of the carcase, whether or not naturally connected to the carcase, including the head and feet where these are presented separate from the carcase;
“official veterinary surgeon” means a veterinary surgeon designated by the Minister under regulation 8;
“packaging”, in relation to fresh meat, means the placing of fresh meat in a container, as well as the container itself;
“permitted preservative” means a preservative the use of which in foodstuffs is permitted under the Preservatives in Food Regulations 1989 and the Preservatives in Food (Scotland) Regulations 1989 ;
“plant inspection assistant” means a person who is authorised in accordance with regulation 11;
“post-mortem health inspection” means the inspection of slaughtered birds or rabbits in accordance with Schedule 9;
“poultry” means domestic fowls, turkeys, guinea fowls, ducks and geese;
“poultry meat” means the meat of poultry;
“pre-slaughter health inspection” means the inspection of live birds or rabbits in accordance with Schedule 7;
“premises” means any slaughterhouse, cutting premises, cold store or re-wrapping centre or a combination of some or all such premises;
“producer” means the person who owns or is in charge of any birds or rabbits and the duly authorised representative of any such person;
“production report” means the report referred to in paragraph 1(b)(ii) of Schedule 7;
“rabbit” means a domestic rabbit, and “rabbit meat” shall be construed accordingly;
“relevant EEA State” means an EEA State other than Iceland;
“re-wrapping centre” means any premises, other than a slaughterhouse, cutting premises or cold store, where consignments of fresh meat intended for sale are packaged, wrapped or re-wrapped;
“slaughterhouse” means any building, premises or place for slaughtering birds or rabbits, the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of birds or rabbits awaiting slaughter there;
“small wild game” has the same meaning as in Article 2(1)(c) of Council Directive 92/45/EEC on public health and animal health problems relating to the killing of wild game and the placing on the market of wild-game meat;
“specified group” means —
in relation to birds, two or more birds from the same flock, farm or housing or in the same free range; and
in relation to rabbits, two or more rabbits from the same farm or housing or in the same free range;
“third country” means a country which is not a relevant EEA State;
“veterinary officer” means a veterinary officer of the Minister of Agriculture, Fisheries and Food;
“viscera” means offal from the thoracic, abdominal and pelvic cavities including the trachea, the oesophagus and, in relation to birds, the crop;
“wrapping”, in relation to the protection of fresh meat, means placing in material which comes into direct contact with such meat 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.
3
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as —
a
in relation to poultry meat, in Council Directive 71/118/EEC;
b
in relation to rabbit meat and farmed game meat, in Council Directive 91/495/EEC; and
c
in relation to poultry meat, rabbit meat and farmed game meat, in Council Directive 91/494/EEC on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat, as amended by Council Directive 93/121/ EC .
4
Nothing in these Regulations shall be construed as derogating from the provisions of the Animal Health Act 1981 or of any order made thereunder.
Exemptions and saving for existing licences
3
1
These Regulations shall not apply —
a
to premises where fresh meat is cut up, stored or re-wrapped for sale from those premises to the final consumer;
b
subject to paragraphs (2), (3) and (4) below, to a slaughterhouse with an annual production of less than 10,000 birds or rabbits which sells fresh meat in small quantities either —
i
direct to the final consumer at those premises; or
ii
direct to the final consumer at a local market; or
iii
to retailers who sell direct to the final consumer where such retailers pursue their trade in the same locality as, or in a neighbouring locality to, that in which those premises are situated; or
iv
at a market other than a local market during the period of two weeks which immediately precede Christmas day and Easter Sunday each year;
c
to a cold store which handles only fresh meat which is packaged;
d
to fresh meat intended for exhibition, special studies or analysis provided that such meat is not used for human consumption and, except in the case of such meat used for analysis, it is destroyed after such exhibition or special study, as the case may be;
e
to fresh meat intended exclusively for sale to international organisations;
f
to fresh meat intended for uses other than human consumption; or
g
to any person engaged in any activity described in sub-paragraph (a), (b), (c), (d), (e) or (f) above, or to any vehicle used for the purpose of any such activity.
2
The exemption in paragraph (1)(b) above shall not apply to any itinerant sale or sale by mail order.
3
Notwithstanding the exemption in paragraph (1)(b) above, no person shall sell poultry in the form of the whole body of any slaughtered and plucked poultry obtained from any slaughterhouse in paragraph (1)(b) above at a market unless it bears on or there is attached to each such body a label or other marking clearly indicating the name and the address of the premises where such poultry was slaughtered and plucked.
4
Notwithstanding the exemption in paragraph (1)(b) above, the occupier of any such slaughterhouse shall —
a
keep a record in adequate form to show the number of birds, rabbits, or both, as appropriate, identified by species, received into, and the amounts of fresh meat despatched from, those premises during each week;
b
retain such record for a period of one year from the date of such record; and
c
make such record available to an authorised officer of the food authority or of the Minister upon request.
5
Subject to regulation 5, nothing in these Regulations affects the validity of a licence issued under the 1994 Regulations.
PART II
LICENSING OF SLAUGHTERHOUSES, CUTTING PREMISES, COLD STORES AND RE-WRAPPING CENTRES
Issue of licences
4
1
No person shall use any premises as a slaughterhouse, cutting premises, a cold store or a re-wrapping centre unless those premises are currently licensed.
2
Without prejudice to paragraphs (5), (6), (7) and (9) below, the Minister on application made to him under this regulation —
a
shall license the premises to which the application relates as —
i
a slaughterhouse if either —
aa
the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 2; or
bb
the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Schedules 1 and 2 on or before 1st August 1996, and those premises were, before 1st April 1995, exempt under regulation 3 of the 1994 Regulations,
and (in either case) the Minister is satisfied that the method of operation in those premises complies with the requirements of Schedules 6 to 9;
ii
a low throughput slaughterhouse if either —
aa
the Minister is satisfied that it complies with the requirements of Parts I and II of Schedule 5; or
bb
the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Parts I and II of Schedule 5 on or before 1st August 1996, and those premises were, before 1st April 1995, exempt under regulation 3 of the 1994 Regulations,
and (in either case) the Minister is satisfied that the method of operation in those premises complies with the requirements of Schedules 6 to 9;
iii
cutting premises if either —
aa
the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 3; or
bb
the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Schedules 1 and 3 on or before 1st August 1996 and those premises were, before 1st April 1995, exempt under regulation 3 of the 1994 Regulations,
and (in either case) the Minister is satisfied that the method of operation in those premises complies with the requirements of Schedules 6 and 10;
iv
low throughput cutting premises if either —
aa
the Minister is satisfied that they comply with the requirements of Part I of Schedule 5; or
bb
the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with the requirements of Part I of Schedule 5 on or before 1st August 1996, and those premises were, before 1st April 1995, exempt under regulation 3 of the 1994 Regulations,
and (in either case) the Minister is satisfied that the method of operation in those premises complies with the requirements of Schedules 6 and 10;
v
a cold store if the Minister is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Schedules 6 and 12;
vi
a re-wrapping centre if the Minister is satisfied that the premises comply with the requirements of Schedule 1 and that the method of operation in those premises complies with the requirements of Schedules 6, 12 and 13; and
b
shall refuse so to license those premises if the Minister is not so satisfied.
3
Each application for a licence under this regulation shall be made in writing to the Minister by the occupier of the premises to which the application relates.
4
The Minister shall notify the occupier in writing of his decision on each application for a licence under this regulation and of the reasons for any refusal to license such premises.
5
Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment in those premises or the method of operation in those premises shall comply with the provisions of these Regulations.
6
In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions in respect of any rabbits or species of bird which shall be slaughtered or handled there.
7
In granting a licence in respect of a cold store the Minister may make that licence subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged.
8
Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (6) or (7) above, the notification under paragraph (4) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 6 and the time within which an appeal shall be lodged.
9
Where delayed evisceration and post-mortem inspection is to be carried out in any cutting premises, those premises shall not be licensed unless the Minister is satisfied that the method of operation in those premises complies with the requirements of Part III of Schedule 5, paragraphs 4 to 14 of Schedule 8 and Schedule 9.
Revocation of licences
5
1
The Minister may revoke a licence saved by virtue of regulation 3(5) or granted under regulation 4 in respect of any premises if, after an inspection of, or an inquiry into, the operation or structure of the premises and a report by an official veterinary surgeon or veterinary officer, the Minister is satisfied that —
a
the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcoming within such period as the Minister may specify;
b
any requirement of these Regulations as to hygiene has not been complied with and no action has been taken to ensure that a similar breach does not occur in future;
c
any agreement made by the occupier with the Minister to carry out and complete any works referred to in regulation 4(2)(a)(i), (ii), (iii) or (iv) has not been complied with;
d
the condition referred to in regulation 4(5) or any other condition attached to the licence in accordance with regulation 4(6) or (7) has not been complied with; or
e
the premises no longer fall within these Regulations —
i
because the business carried on at the premises in respect of which the licence was granted is no longer being carried on there; or
ii
because they have become exempt under regulation 3.
2
The Minister shall forthwith notify the occupier in writing of his decision under paragraph (1) above to revoke any licence granted under these Regulations in respect of any premises, of the date on which the revocation is to take effect and of the reasons for such revocation.
3
Any notification under paragraph (2) above must state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 6 and the time within which an appeal must be lodged.
4
In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph 1(e)(i) above where the premises are vacant, means the last person known to the Minister to have carried on at the premises business in respect of which the licence was granted or his successor in respect of that business.
Appeals
6
1
Where the Minister has refused to license any premises or has granted a licence with conditions under regulation 4 or has revoked the licence of any premises under regulation 5, the occupier of those premises may, within 28 days of being notified of that decision in accordance with regulation 4(4) or 5(2), appeal to a Meat Hygiene Appeals Tribunal.
2
The provisions of Schedule 15 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunal.
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that —
a
the issue of a licence under regulation 4 should not have been refused; or
b
any condition imposed under regulation 4(6) or (7) was unreasonable; or
c
a licence revoked under regulation 5 should not have been revoked,
the Minister shall give effect to the determination of the Tribunal.
4
Without prejudice to sections 9 to 13 of the Act, where the Minister has refused a licence under regulation 4 or revoked the licence of any premises under regulation 5, a person who, immediately before such refusal or revocation, had been lawfully using them as a slaughterhouse, cutting premises, a cold store or a re-wrapping centre (as the case may be) may continue to use them for that purpose, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
Prohibition on the slaughter at a slaughterhouse of a bird or rabbit not intended for sale for human consumption
7
1
Subject to paragraph (2) below, an occupier shall not use or cause to be used any slaughterhouse for the slaughter of any bird or rabbit not intended for sale for human consumption.
2
Paragraph (1) above shall not apply in respect of the use of a slaughterhouse for the slaughter of a bird or rabbit not intended for sale for human consumption provided that —
a
such bird or rabbit is slaughtered in a different room or at a different time from any bird or rabbit intended to be slaughtered for sale for human consumption; and
b
appropriate steps are taken to prevent the contamination of fresh meat in that slaughterhouse.
PART III
SUPERVISION AND CONTROL OF PREMISES
Supervision of premises
8
1
The Minister may designate veterinary surgeons as official veterinary surgeons and shall, in relation to any licensed premises, appoint one or more official veterinary surgeons, in each case to be an authorised officer of the Minister authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat in accordance with regulation 15 and to be responsible for the following functions in relation to those premises, that is to say —
a
the authorisation of slaughter of birds or rabbits in accordance with Schedule 7;
b
the post-mortem health inspection of slaughtered birds or rabbits in accordance with Schedule 9;
c
the supervision of the health marking of fresh meat in accordance with Schedule 11;
d
securing, in accordance with these Regulations, the observance of the requirements of Schedules 1, 2, 3, 4, 5, 6, 8, 10, 12, 13 and 14, as appropriate; and
e
the carrying out of any necessary training of plant inspection assistants and the supervision of plant inspection assistants.
2
Subject to paragraph (4) below, the Minister shall, in relation to any licensed premises, appoint such number of persons to act as inspectors in relation to the functions specified in paragraphs 1(a) to (e) above as appears to him to be necessary for the proper performance of those functions.
3
An inspector appointed under paragraph (2) above shall act under the supervision and responsibility of an official veterinary surgeon.
4
In considering whether it is necessary to appoint any inspector or inspectors in relation to any licensed premises, the Minister shall have regard to the availability at those premises of any plant inspection assistants.
Revocation and suspension of designations
9
1
Subject to paragraphs (2) and (3) below, the Minister may, at any time, revoke or suspend the designation of any person as an official veterinary surgeon if it appears to the Minister that such person is unfit or unwilling to perform one or more of the functions of an official veterinary surgeon under these Regulations.
2
Where the Minister revokes or suspends a designation under paragraph (1) above, he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for such revocation or suspension and shall afford him an opportunity of making representations in writing to the Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the Minister.
3
A notice given under paragraph (2) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit or has been unwilling to perform one or more of the functions of an official veterinary surgeon under these Regulations and shall reconsider, as soon as practicable, the decision to revoke or suspend the designation under paragraph (1) above in the light of those representations.
Powers of official veterinary surgeons and veterinary officers
10
1
Where it appears to an official veterinary surgeon that in respect of any premises to which he is appointed —
a
any of the requirements of these Regulations as to hygiene is being breached;
b
adequate health inspection in accordance with these Regulations is being hampered; or
c
the requirements of regulation 18(3) have not been complied with,
he may by notice in writing given to the occupier of those premises —
i
prohibit the use of any equipment or any part of the premises specified in the notice; or
ii
require the rate of operation to be reduced to such an extent as is specified in the notice,
and the occupier shall comply with the notice.
2
A person who is aggrieved by a decision of an official veterinary surgeon pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff in accordance with the provisions of section 37(3) to (5) of the Act.
3
A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred, the action needed in order to remedy it and the details specified in section 37(6) of the Act; and —
a
such a notice shall be withdrawn by a further notice in writing given by an official veterinary surgeon or by an inspector acting under the authority of the official veterinary surgeon to the occupier of the premises as soon as an official veterinary surgeon or such inspector is satisfied that such action has been taken; and
b
so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice, and the other provisions of the licence shall be subject to those requirements.
4
An official veterinary surgeon, in relation to any premises to which he is appointed, or a veterinary officer, may subject any bird or rabbit or any carcase or meat in any premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an official veterinary surgeon, a veterinary officer or an inspector may, where he reasonably considers it necessary for the protection of public health, by notice in writing given to the occupier of any such premises, state that he requires to examine any specified group, bird, rabbit, carcase or meat specified in the notice on the premises, and once such notice is received the occupier shall detain any such specified group, bird, rabbit, carcase or meat until such time as he is informed in writing, as soon as practicable, by the official veterinary surgeon, veterinary officer or inspector (as the case may be) that the result of any such ex!amination has been obtained.
5
A veterinary officer may at any time give to an official veterinary surgeon such reasonable directions as he may consider necessary so as to ensure that the duties and functions of such a person under these Regulations are being complied with, and the official veterinary surgeon shall comply with those directions.
Authorisation of plant inspection assistants
11
1
The Minister may, in relation to any licensed premises, authorise persons employed at those premises to act as plant inspection assistants in relation to the function specified in paragraph 1 of Part I of Schedule 9.
2
No person shall act as a plant inspection assistant unless —
a
that person is authorised under paragraph (1) above; and
b
that person is supervised by an official veterinary surgeon.
3
Subject to paragraphs (4) and (5) below, the Minister may at any time revoke or suspend the authorisation of any person as a plant inspection assistant if it appears to the Minister, on the basis of a report by a veterinary officer or an official veterinary surgeon, that —
a
such person is unfit to perform the function specified in paragraph 1 of Part I of Schedule 9 or has failed to perform such function in accordance with these Regulations;
b
such person ceases to be employed at the premises in relation to which he was authorised to act.
4
Where the Minister revokes or suspends an authorisation granted under paragraph (1) above the Minister shall, as soon as possible, give to the person whose authorisation has been revoked or suspended notice in writing of the reasons for such revocation or suspension and shall afford him an opportunity of making representations in writing to the Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the Minister.
5
A notice given under paragraph (4) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard; and, in the event of that person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to act or has failed to perform his functions as a plant inspection assistant under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the authorisation under paragraph (3) above in the light of those representations.
Inspection and health marking
12
1
The Minister shall —
a
arrange for pre-slaughter health inspections to be carried out, authorise the slaughter of birds or rabbits in accordance with Schedule 7 and, where appropriate, ensure that birds or rabbits are accompanied by the health attestation set out in Schedule 17 or the information contained in Schedule 22; and
b
arrange for post-mortem health inspections to be carried out in accordance with Schedule 9.
2
The health mark shall be applied in accordance with Schedule 11 to all fresh meat which has been passed as fit for human consumption following pre-slaughter and post-mortem health inspections and which complies with the requirements of these Regulations.
3
No person shall apply the health mark —
a
to any fresh meat which does not satisfy the requirements specified in paragraph (2) above; or
b
subject to paragraph (8) below, to any uneviscerated poultry; or
c
to any uneviscerated farmed game birds.
4
No person shall remove, or cause or permit to be removed, from licensed premises any carcase or part of a carcase or any offal intended for sale for human consumption or any offal from a slaughtered bird or rabbit intended for sale for human consumption until it has been inspected in accordance with these Regulations.
5
No person shall remove, or cause or permit to be removed, from a licensed premises any body of a bird intended for sale for human consumption —
a
unless it is accompanied by the health attestation shown in Schedule 20; or
b
in the case of uneviscerated poultry, until the surface of the body of that bird has been inspected and the bird passed as fit for human consumption.
6
The health mark shall be applied under the supervision and responsibility of an official veterinary surgeon who may be assisted by an inspector.
7
No person shall use any mark so resembling a health mark, or in such a way, as to be likely to suggest that the product has been produced in accordance with these Regulations.
8
Paragraph (3)(b) above shall not apply to partly eviscerated poultry (“effilé”).
Notice of operation of licensed premises
13
1
Subject to paragraph (3) below, no person shall operate any licensed premises to produce fresh meat for sale for human consumption unless he has notified the Minister, in accordance with paragraph (2) below, of the day on which and time and place at which they are to be operated.
2
The notification referred to in paragraph (1) above shall be given to the Minister not less than 72 hours before the commencement of such operation except where the Minister has agreed with the person required to give such notice that he will accept notice of a shorter duration, in which case such person shall give to the Minister notice of such agreed duration.
3
Where it is the regular practice in any licensed premises to operate at fixed times on fixed days and written notice of this practice has been given to and accepted by the Minister, this shall, as respects any operation in accordance with such practice, be regarded as adequate compliance with the requirements in paragraphs (1) and (2) above.
PART IV
CONDITIONS FOR THE MARKETING OF FRESH MEAT
General conditions
14
1
Subject to paragraphs (5) and (6) below, no person shall at any time sell for human consumption any fresh meat unless —
a
it has been obtained from licensed premises;
b
it comes from a bird or rabbit which has been subjected to a pre-slaughter health inspection in accordance with Schedule 7 and which, following such inspection, has been passed as fit for slaughter for human consumption and has been slaughtered thereafter;
c
it has been chilled and prepared under hygienic conditions in accordance with Schedule 8;
d
it comes from the body of a bird or rabbit which has been subjected to a post-mortem health inspection in accordance with Schedule 9 and which has shown no evidence of disease or other abnormal condition except for localised lesions or contaminations which have been removed and which do not render the remainder of the carcase unfit for human consumption;
e
it has been given a health mark in accordance with Schedule 11;
f
it is accompanied during transportation by either —
i
a health certificate; or
ii
an invoice or delivery note,
in accordance with regulation 15;
g
if it has been stored in any licensed premises, it has been stored in accordance with Schedule 12;
h
if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with Schedule 13; and
i
if it has been transported to, or from, any licensed premises, it has been transported under hygienic conditions in accordance with Schedule 14.
2
Subject to paragraph (5) and, where appropriate, paragraphs (7) and (9) below, no person shall sell for human consumption —
a
fresh meat which —
i
has been treated with an antibiotic or tenderiser;
ii
has been marked with a colourant other than in accordance with regulation 12(2) and Schedule 11;
iii
has been treated with a preservative other than a permitted preservative; or
iv
has been cooled, immediately after evisceration and post-mortem health inspection, by means of immersion in water which is not in accordance with the requirements of paragraphs 10 and 11 of Schedule 8;
b
poultry meat which has not been eviscerated or has been obtained from the body of any bird which has not been eviscerated; or
c
rabbit meat or farmed game meat which has been treated with ionizing or ultra-violet radiation.
3
Subject to paragraph (4) below, no person shall consign or sell for consignment to a relevant EEA State for human consumption —
a
fresh meat produced in low throughput premises;
b
fresh meat cut up in low throughput cutting premises;
c
fresh meat which has been marked in accordance with paragraph 6 of Schedule 11;
d
rabbit meat or farmed game meat which has been treated with ionizing or ultra-violet radiation;
e
farmed game meat which has not been eviscerated or has been obtained from the body of any bird which has not been eviscerated; or
f
fresh meat which has been obtained from a specified group subject to a programme for the control of infectious disease.
4
Paragraph (3) above shall not apply to meat forming part of travellers' luggage and not intended for resale or to meat sent as small packages to private persons.
5
Paragraphs (1) and (2) above shall not apply to fresh meat imported from a relevant EEA State or a third country, save that such imported fresh meat shall be handled and transported in accordance with these Regulations.
6
Without prejudice to regulation 23 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 (transport of meat), paragraph (1)(i) above shall not apply in relation to the transportation of any fresh meat from any licensed premises, on sale, direct to the final consumer or to a retailer in Great Britain.
7
Paragraph (2)(b) above shall not apply until 1st May 1997 to the sale for human consumption of uneviscerated poultry meat, in the form of whole bodies, by an occupier of premises who was lawfully engaged in the sale of such uneviscerated poultry from those premises before 1st May 1994.
8
Without prejudice to regulation 12(3)(c), the requirements as to slaughter and evisceration specified in Schedule 8 shall not apply in relation to the production for sale in Great Britain of partially eviscerated or non-eviscerated farmed game birds in a slaughterhouse or cutting premises —
a
lawfully engaged in such production before 24th September 1991; and
b
to the occupier of which, at the request of such occupier, the Minister has granted in writing an exemption from those requirements in pursuance of Article 9 of Council Directive 91/495/EEC.
9
Paragraph (2)(b) above shall not apply to partly eviscerated poultry (“effilé”).
Transport documentation
15
1
Subject to paragraph (3) below, the occupier of licensed premises shall ensure that fresh meat is accompanied during transportation from those premises by —
a
in the case of fresh meat intended for consignment to a relevant EEA State —
i
which will be transported through a third country in a sealed means of transport, or
ii
which is obtained from a slaughterhouse situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981 ,
a health certificate in the form specified in Schedule 18 or Schedule 19, as appropriate;
b
in the case of fresh meat intended for consignment to a relevant EEA State, a region thereof or a region of Northern Ireland which is recognised in accordance with Article 12(2) of Council Directive 90/539/EEC (b), as amended , in relation to its Newcastle disease status, the health certificate in the form specified in Schedule 18;
c
in any other case, by an invoice or delivery note containing the following information:
i
the name and address of the consignor and the consignee;
ii
the approval number of the premises from which the meat is to be transported;
iii
the date of issue of such invoice or delivery note and a number enabling it to be identified;
iv
a description of the product transported;
v
the total quantity despatched; and
vi
the particulars provided for in paragraphs 1 and 4 of Schedule 11.
2
Subject to paragraph (3) below, any person who receives fresh meat direct from any licensed premises shall keep the invoice or delivery note referred to in paragraph (1)(c) above for a period of at least one year from the date of receipt.
3
Paragraphs (1) and (2) above shall not apply where the fresh meat is being transported from licensed premises direct to the final consumer or to a retailer in Great Britain.
PART V
SLAUGHTER: PROHIBITIONS AND CONDITIONS
Prohibition and conditions of slaughter
16
1
An official veterinary surgeon or an inspector acting under the supervision of an official veterinary surgeon may require the occupier of any licensed premises or the producer of any specified group, bird or rabbit —
a
not to slaughter for human consumption any bird or rabbit in respect of which there is evidence that it would be unfit for such consumption; or
b
not to slaughter for human consumption any bird or rabbit in respect of which clinical signs of ornithosis or salmonellosis have been established, or any other bird or rabbit from the specified group from which that bird or rabbit, as the case may be, came.
2
An official veterinary surgeon shall require any slaughter of a specified group which is subject to a programme for control of infectious disease under the Zoonoses Order 1989 to be subject to the following conditions —
a
that all necessary precautions are taken by the occupier of the licensed slaughterhouse or low throughput slaughterhouse or the producer of the specified group, bird or rabbit, as the case may be, to avoid contamination of other birds or rabbits;
b
that slaughter shall take place at the end of the current slaughtering period at that slaughterhouse or under such conditions that compliance with sub-paragraph (a) of this paragraph is ensured; and
c
that any equipment, instruments, fittings and facilities used in such slaughter are thoroughly cleansed and disinfected immediately after such use.
3
The Minister may authorise the slaughter of a specified group, bird or rabbit which is subject to a requirement not to slaughter given under paragraph (1) above, upon application to the Minister by the producer of that specified group, bird or rabbit, as the case may be.
4
The Minister may authorise the slaughter of a specified group, bird or rabbit under paragraph (3) above subject to the condition that —
a
the meat obtained from that specified group, bird or rabbit, as the case may be, shall not be used for human consumption; and
b
the conditions specified in paragraph (2) above are complied with.
5
No person shall contravene —
a
a requirement made under paragraph (1) above;
b
a condition imposed under paragraph (2) above; or
c
a condition of an authorisation for slaughter made under paragraph (4) above.
PART VI
ADMINISTRATION, PENALTIES AND ENFORCEMENT
Records of inspections
17
1
The official veterinary surgeon shall record the results of the pre-slaughter health inspections and post-mortem health inspections carried out by him or under his supervision and, where any such inspection reveals the presence of any transmissible disease in any birds or rabbits, he shall immediately notify the occupier of the slaughterhouse and the producer of the birds or rabbits in question of such presence.
2
The Minister shall retain a record of the inspections referred to in paragraph (1) above until the end of the period of one year commencing with the date of the inspection to which it relates.
Duties of occupier
18
1
The occupier of any licensed premises shall —
a
keep, and retain for a period of at least one year from its date, a record adequate to show the number of birds, rabbits, or both, as appropriate, identified by species, received into, and the amounts of fresh meat despatched from, the premises during each week;
b
take all practicable steps to secure compliance by any person employed by him or by any person invited on to the premises with the provisions of these Regulations;
c
ensure that the official veterinary surgeon, inspector or veterinary officer is provided with adequate facilities to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance and access to the premises and records as he may from time to time require for such purposes;
d
take all necessary measures to ensure that at all stages of production the requirements of these Regulations are complied with and carry out checks (including any microbiological checks the Minister may require) on the general hygiene of conditions of production in his establishment to ensure that all equipment, machinery, instruments, fittings and facilities and, if necessary, fresh meat, comply with the requirements of these Regulations; and
e
take all necessary measures to ensure —
i
that a record in permanent form, which shall be made available to the official veterinary surgeon or inspector upon request, is kept in respect of the matters specified in sub-paragraph (d) above for a period of at least two years from the date of such record;
ii
the proper application of the health mark, as provided for in regulation 12(2), including the use of any labels or wrapping on which the health mark is printed;
iii
that the Minister is notified immediately when any information at the occupier’s disposal reveals a serious health risk; and
iv
in the event of a serious health risk, the withdrawal of fresh meat which has been obtained under or stored in similar conditions (as the case may be) and is likely to present the same risk.
2
The occupier of any licensed premises shall in consultation with the official veterinary surgeon arrange or establish a staff training programme to train staff to comply with hygiene requirements appropriate to their operations in those premises.
3
Where the occupier of any licensed premises has informed the Minister that a specified number of plant inspection assistants are or will be made available at those premises, he shall ensure that such plant inspection assistants —
a
are present at the times notified to him by the official veterinary surgeon appointed in respect of those premises; and
b
carry out the function specified in paragraph 1 of Part I of Schedule 9, as directed by such official veterinary surgeon.
Duties of producer
19
1
A producer shall, so as to enable the official veterinary surgeon, inspector and veterinary officer to carry out their functions under these Regulations —
a
give any such person such assistance as he may reasonably request for any such purpose, and
b
ensure that any birds or rabbits are made available in a condition suitable for inspection by such person.
2
Without prejudice to regulation 20, if a producer fails to comply with paragraph (1) above, the official veterinary surgeon, inspector or veterinary officer may suspend the inspection or other function until the producer complies with his obligation under paragraph (1) above.
3
Where a producer has received a notification under regulation 17(1) regarding the presence of a transmissible disease in any of his birds or rabbits, he shall retain such notification and bring it to the notice of the veterinary surgeon carrying out a pre-slaughter health inspection of that producer’s birds or rabbits during the subsequent production period.
Offences and penalties
20
1
If any person contravenes regulation 10(1), 11(2), 13(1) or 19(1), he 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
If any person contravenes —
a
regulation 3(3) or (4), 4(1), 7, 12(3), (4), (5) or (7), 14(1), (2) or (3), 15(1) or (2), 16(5), 18(1)(a), (b), (c) or (e) or 19(3); or
b
a condition imposed by the Minister under regulation 6(4),
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.
3
Neither paragraph (1) nor paragraph (2) above applies to anything done or omitted by the Minister.
4
No prosecution for an offence under any of the provisions mentioned in paragraph (1) or (2) above shall be begun 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.
Recovery of costs
21
The Minister shall be entitled to recover on demand from a producer the costs of carrying out any inspection specified in paragraph 3(b) of Schedule 7.
Information to be provided by food authorities
22
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.
Enforcement
23
1
Subject to paragraph (2) below, these Regulations shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and by the Secretary of State in relation to Scotland and Wales.
2
Each food authority shall execute and enforce, within its own area, regulation 3(3) and (4).
3
In this regulation “food authority” does not include —
a
the council of a non-metropolitan county in England and Wales; or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Application of various sections of the Act
24
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for sale for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 33 (obstruction etc. of officers);
f
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 partner in a Scottish partnership; and
g
section 44 (protection of officers acting in good faith).
PART VII
MISCELLANEOUS AND SUPPLEMENTARY
Fresh meat from Northern Ireland, the Isle of Man and the Channel Islands
25
1
No person shall sell for human consumption fresh meat produced in a place to which this regulation applies and intended for consignment to a relevant EEA State, unless it was produced at premises in that place which, if these Regulations had effect in that place, would qualify for a licence under regulation 4 and be entitled to apply the health mark described in paragraph 1 of Schedule 11.
2
No person shall sell for human consumption in Great Britain fresh meat produced in a place to which this regulation applies unless it carries a health mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Schedule 11.
3
The places to which this regulation applies are Northern Ireland, the Isle of Man and the Channel Islands.
Revocation
26
The 1994 Regulations are hereby revoked.
Amendments
27
In the Regulations specified in Schedule 23, for the words “the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994” in each place where they occur there shall be substituted the words “the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th February 1995
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
24th February 1995
Gwilyn Jones
Parliamentary Under-Secretary of State, Welsh Office
24th February 1995
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
27th February 1995


type: legislation

jurisdiction: UK

text:
1
This Order shall be cited as the Education (Wyvern College, Salisbury) (Exemption from Pay and Conditions Orders) Order 1995 and shall come into force on 1st September 1995.
2
With effect from 1st September 1995, subsections (6) and (7) of section 2 of the Act shall not apply to the statutory conditions of employment of the school teachers in Wyvern College, Salisbury.
Eric Forth
Minister of State,
Department for Education and Employment
8th August 1995


text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Newham) Red Route Experimental Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 Traffic Management Order 1994 No. 24 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 Traffic Management Order 1994 No. 24 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th July 1995


text:
1
This Order may be cited as the Protection of Wrecks (Designation No.1) Order 1995 and shall come into force on the 20th November 1995.
2
1
The site where the vessel lies or is supposed to lie, and in respect of which this Order is made is in position Latitude 51°43'.18 North, Longitude 5°40'.13 West.
2
The area within a distance of 100 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
3
The Protection of Wrecks (Designation No. 2) Order 1991 is hereby revoked.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th October 1995


text:
1
These Regulations may be cited as the Fishing Vessels (Certification of Deck Officers and Engineer Officers) (Amendment) Regulations 1995 and shall come into force on 1st August 1995.
2
The Fishing Vessels (Certification of Deck Officers and Engineer Officers) Regulations 1984 shall be amended as follows.
3
In regulation 1(2) there shall be inserted:
i
after the definition of “the Act of 1979” the following definitions:
“certificate of equivalent competency” means a certificate entitled “certificate of equivalent competency” issued under regulation 6A below;
“equivalent foreign certificate” means a certificate, issued by an authority of a specified country outside the United Kingdom, referred to in regulation 7A below;
; and
ii
at the end of “specified by the Secretary of State”, the following —
and in relation to certificates of equivalent competency, means specified in Merchant Shipping Notice M. 1559 and any subsequent amendment to that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice
.
4
There shall be inserted after regulation 1 the following regulation:
Designated Authority
1A
The Secretary of State for Transport is the designated authority for the purposes of Council Directive 92/51/ EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/ EC in respect of the following professions:
FISHING VESSEL OFFICER CLASS 1 FISHING VESSEL OFFICER CLASS 2 FISHING VESSEL OFFICER CLASS 3
.
5
Regulation 5(1) shall be replaced by the following:
1
a
Subject to sub-paragraph (b) below, for the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of:
i
a certificate of competency issued under these Regulations; or
ii
a certificate which is to be treated as equivalent to such a certificate of competency by virtue of regulation 7 below; or
iii
an equivalent foreign certificate and a certificate of equivalent competency,
and if also, at the material time, the certificate or certificates, are in force in relation to the person named in it and are of a type (whether deck or engineer) and class appropriate to the officer’s capacity in the fishing vessel.
b
i
Notwithstanding sub-paragraph (a)(iii) above, before 1st August 1997 an officer who is the holder of a certificate issued prior to 1st August 1995 by a relevant country shall be qualified for the purpose of these Regulations, provided that at any material time until 1st August 1997 such certificate held by him is in force in relation to the person named in it and is of a class appropriate to the officer’s capacity in that fishing vessel.
ii
In this sub-paragraph “relevant country” means a country specified by the Secretary of State as a country whose certificates were recognised immediately prior to 1st August 1995 as having the same force as certificates under these Regulations.
.
6
There shall be inserted after regulation 6 the following new regulation:
Certificates of equivalent competency
6A
Subject to regulation 8 below, the Secretary of State may authorise any person already holding an equivalent foreign certificate to serve as an officer and shall accordingly issue to such person a certificate of equivalent competency under this regulation of equivalent class and with the same endorsements as the equivalent foreign certificate.
.
7
There shall be inserted after regulation 7 the following regulation:
Equivalent foreign certificates
7A
The Secretary of State may specify that the standard of competence to be attained by officers of any description is, in whole or in part, the standard of competence required for the issue of a certificate of competence by an authority empowered in that behalf by the laws of a specified country outside the United Kingdom.
.
8
In regulation 8:
i
in paragraph (1) “paragraphs (3) and (4)” shall be substituted for “paragraph (3)”;
ii
in paragraph (1)(a) there shall be inserted “or certificate of equivalent competency” after “certificate of competency”;
iii
in the tailpiece to paragraph (1) all the words after “Secretary of State” shall be replaced by: —
either
i
in relation to certificates of competency or certificates of equivalent competency in general; or
ii
in relation to either of such certificates of a particular class as may be so specified.
;
iv
in paragraph 8(3) there shall be inserted “, a certificate of equivalent competency” after “certificate of competency”;
v
there shall be added the following paragraph —
4
a
This paragraph applies when, pursuant to regulation 7A, the Secretary of State has recognised the standard of competence required for the issue of a certificate by an authority of some country outside the United Kingdom as being in part the standard to be obtained for officers qualified for the purposes of these Regulations.
b
In such cases any conditions by the Secretary of State specified for the issue of a certificate of equvalent competency shall be limited to —
i
an aptitude test for the purpose of assessing the applicant’s ability to pursue the profession of officer on United Kingdom fishing vessels, in the light of subjects, training and related assessment procedures which differ substantially from those covered by the applicant’s equivalent certificate, necessary to pursue that profession; or
ii
in the case of applicants who are EEA nationals, (at the applicant’s option except as provided in Merchant Shipping Notice M. 1559), to an adaptation period, as specified by the Secretary of State.
.
9
In regulation 9:
i
in paragraph (1) there shall be inserted “, certificates of equivalent competency” after “Certificates of competency”;
ii
paragraph (2) shall be renumbered as paragraph (2)(a), and the following sub-paragraph added as (b):
b
i
A certificate of equivalent competency shall remain valid only so long as the holder holds a valid equivalent foreign certificate.
ii
A certificate of equivalent competency may be issued for a limited period where the equivalent foreign certificate does not require revalidation at intervals.
;
iii
in paragraph (3) there shall be inserted “and certificates of equivalent competency” after “certificates of competency”.
10
In regulation 10 there shall be inserted “or certificate of equivalent competency” after “certificate of competency”.
11
In regulation 11 “or certificate of equivalent competency” shall be inserted after “certificate of competency” in both paragraphs (1) and (2).
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
1st June 1995


text:
1
This Order may be cited as the A12 Trunk Road (Colchester Road, Havering) (Prescribed Routes) Order 1995 and shall come into force on 4th December 1995.
2
In this Order —
“central reserve” means that part of Colchester Road which separates the two carriageways of Colchester Road for the safety and guidance of vehicles using that road; and
“Colchester Road” means that length of A12 Trunk Road in the London Borough of Havering known as Colchester Road.
3
No person shall cause or permit any vehicle to leave or enter Colchester Road at its junction with Bampton Road.
4
No person shall cause or permit any vehicle to enter or proceed through the gap in the central reserve which lies opposite Bampton Road.
5
The A12 Trunk Road (Colchester Road, Havering) (Prohibition of Use of Gap in Central Reservation) Order 1985 is hereby revoked.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director Highways Agency London Network Management Division
28th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Justices' Chief Executives and Justices' Clerks (Appointment) Regulations 1995 and shall come into force on 1st April 1995.
Submission of application for approval of persons to be appointed
2
Before appointing a person to the office of justices' chief executive or justices' clerk for a petty sessions area —
a
every magistrates' courts committee shall submit to the Lord Chancellor an application for approval of one or more persons (up to a maximum of four) who have offered themselves for appointment; and
b
the application shall contain the items set out in regulation 3.
Matters to be contained in the application
3
The items referred to in regulation 2(b) are the following —
a
in relation to each person for whom approval is sought —
i
a copy of his written application for the office to which he wishes to be appointed;
ii
a statement by the magistrates' courts committee that he satisfies the requirements of section 26 of the Justices of the Peace Act 1979 in relation to the appointment;
b
a job description relating to the office to which appointment is to be made;
c
a copy of any advertisement relating to the office to which appointment is to be made;
d
in the case of an appointment to the office of justices' chief executive, a copy of any written appraisal by Her Majesty’s Magistrates' Courts Service Inspectorate of the manner in which the magistrates' courts committee have undertaken the process of obtaining candidates for appointment;
e
in the case of an appointment to the office of justices' clerk, a statement that the magistrates' courts committee have, in relation to each person for whom approval is sought, consulted the magistrates for the petty sessions area to which the appointment is to be made in accordance with section 25(6)(a) of the Justices of the Peace Act 1979.
Dual appointments as justices' chief executive and justices' clerk
4
Where a magistrates' courts committee propose that a person be appointed both as justices' chief executive and as justices' clerk for a petty sessions area, the application referred to in regulation 2 shall also state —
a
in relation to the area of the magistrates' courts committee —
i
the number of petty sessions areas;
ii
the number and locality of the courthouses;
iii
the number of justices' clerks holding office; and
b
the reason why the magistrates' courts committee consider it desirable that the person should hold both appointments.
Transitional provision
5
Regulation 3(a)(ii) shall not apply in relation to applications by the magistrates' courts committees for Hampshire, Kent and Lincolnshire for approval of one or more persons for appointment to the office of justices' chief executive until the coming into force of section 75 of the Police and Magistrates' Courts Act 1994 so far as it inserts section 24D(5) in the Justices of the Peace Act 1979 in relation to appointments of justices' chief executives by the magistrates' courts committees for those areas.
Mackay of Clashfern, C.
Dated 9th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Cumbria Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th August 1995.
2
In this Order —
“the Authority” means the Morecambe Bay Health Authority;
“the Trust” means the South Cumbria Community and Mental Health 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 14th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th August 1995 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
27th July 1995


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 8) Order 1995.
2
The provisions of the Criminal Justice Act 1993 (“the 1993 Act ”) referred to in the left–hand column of the Schedule to this Order (which relate to the matters described in the right–hand column of the Schedule) shall come into force on 3rd February 1995.
3
1
So far as relating to the following provisions of the 1993 Act, namely, sections 27 and 28, this Order extends to England and Wales only.
2
So far as relating to section 24(12) to (15), this Order extends to Scotland only.
3
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 36 to 43; and
b
paragraph 3 and paragraph 17(2) to (3) and (6) to (7) of Schedule 5 and Schedule 6 so far as it relates to the Northern Ireland (Emergency Provisions) Act 1991 ,
this Order extends to Northern Ireland only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
11th January 1995


text:
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) (No. 2) Order 1995 and shall come into force on 31st May 1995.
2
In this Order “the principal Order ” means the Education (London Residuary Body) (Property Transfer) Order 1992 .
2
Paragraph (5) of article 4 of the principal Order (which imposes a condition that certain land marked with an asterisk in Schedule 3 to that Order should be brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by specified dates) shall cease to apply in relation to the former Pritchard’s Road Primary School, Pritchard’s Road, E2 and 60, 68, 70, 72, 74, 76 and 82, Pritchard’s Road, E2 and that paragraph shall be amended by the revocation of the words inserted therein by article 2 of the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1995 (which relate to the said land).
3
Article 2 of the Education (London Residuary Body) (Property Transfer) (Modification and Amendment) Order 1995 shall be revoked.
Eric Forth
Minister of State,
Department for Education
1st May 1995


text:
1
This Order may be cited as the Rhondda College (Dissolution) Order 1995 and shall come into force on 1st September 1995.
2
On 1st September 1995 the College shall be dissolved and all of its property, rights and liabilities shall be transferred to Pontypridd College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the College immediately before 1st September 1995 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st September 1995;
c
to the transferor were to the College; and
d
to the corporation were to Pontypridd College.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State Welsh Office
7th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Promotion of Economic Development) (Amendment) Regulations 1995, and shall come into force on April 1995.
Revocation of restrictions on exercise of economic development powers
2
The Regulations specified in the first column of the Schedule to these Regulations are revoked to the extent specified in the third column.
Authorised by the Secretary of State to sign in that behalf
David Curry
Minister of State,
Department of the Environment
6th March 1995


text:
1
The Kent County Council (Hale Street Medway Bridge) Scheme 1994 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Kent County Council, County Hall, Maidstone, Kent ME14 1XQ.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Kent County Council (Hale Street Medway Bridge) Scheme 1994 Confirmation Instrument 1995.
Signed by authority of the Secretary of State
Pamela Denham
Regional Director Government Office for the North East
Department of Transport
31st May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March 1995.
2
In this Order —
“the Authority” means the Lincolnshire Health Authority;
“the Trust” means the Lincoln Hospitals 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 26th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 1995 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
16th February 1995


text:
Citation and commencement
1
1
This Order may be cited as the Strathclyde Combined Police Area Amalgamation Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Strathclyde Combined Police Area Amalgamation Scheme 1995
2
The Strathclyde Combined Police Area Amalgamation Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Angus and City of Dundee Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order —
“the principal Order ” means the Angus and City of Dundee Tourist Board Scheme Order 1995 ; and
“the scheme” means the Angus and City of Dundee Tourist Board Scheme 1995 .
Amendment of the principal Order
2
In article 3(1) of the principal Order (the Scheme) for “City of Dundee” there shall be substituted “Dundee City”.
Amendment of the scheme
3
In paragraph 3(1) of the scheme for “City of Dundee” there shall be substituted “Dundee City”.
4
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
i
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Angus to be persons representative of that council on the Board; and
ii
persons, not exceeding 5 in number, to be nominated by the council for the local government area of Dundee City to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
5
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Every member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
6
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
23rd August 1995


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Bolivia) Order 1995.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Bolivia with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Bolivia;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Bolivia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) (Amendment) Regulations 1995, and shall come into force on 29th September 1995.
2
The Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 (hereinafter referred to as the “principal Regulations”) are hereby further amended as follows: —
a
in regulation 2(1) —
i
in the definition of “earth-moving machine”after the words “construction plant and equipment”and before the word “namely”there shall be inserted: —
in which the installed power is below 500 kW ,
; and
ii
at the end of the definition of “Special Directive” there shall be added: —
and as further amended by the European Parliament and Council Directive 95/27/ EC
; and
b
in regulation 5 —
i
for paragraph (3) there shall be substituted the following paragraph: —
3
An approved body which has received an application under paragraph (1) above shall, after examination of the type of earth-moving machine in respect of which the application was made and after payment of the prescribed fee, grant an EC type-examination certificate in the form set out in Schedule 2 where it is satisfied in respect of a certificate granted —
a
in the period from the coming into force of the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) (Amendment) Regulations 1995 until 30th December 1996, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (a) of Article 3.1 of the Special Directive:
Provided that if the person making the application requests that the EC type-examination requirements specified in sub-paragraph (b) of Article 3.1 of the Special Directive should be applied, instead of those in sub-paragraph (a) of the said Article, the approved body may, where it is satisfied that the type of earth-moving machine conforms with such requirements, grant the said certificate specifying that it is so satisfied;
b
in the period from 30th December 1996 until 30th December 2001, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (b) of Article 3.1 of the Special Directive; and
c
from 30th December 2001, that the said type of earth-moving machine conforms with the EC type-examination requirements specified in sub-paragraph (c) of Article 3.1 of the Special Directive.;
ii
in paragraph (4), after the words “ EEC type-examination requirements” and before the words “and after payment of the prescribed fee”there shall be inserted: —
as applied in accordance with paragraph (3) above
; and
iii
for paragraph (5) there shall be substituted the following paragraph: —
5
Where an EC type-examination certificate is granted —
a
under paragraph (3)(a) above, except where it is granted under the proviso to that paragraph, such certificate shall cease to be valid after 29th December 1997;
b
under the proviso in paragraph (3)(a) above or under paragraph (3)(b) above such certificate shall, notwithstanding sub-paragraph (c) below, cease to be valid after 29th December 2002; and
c
under the proviso in paragraph 3(a), paragraph (3)(b) or (3)(c) above, subject to sub-paragraph (b) above, the period of validity of any such certificate shall be limited to 5 years but the approved body may on application made to it and after payment of the prescribed fee extend the period of validity by a further 5 years provided that —
i
application for such extension is made within the period of 12 months before the expiry of the certificate; and
ii
the type of earth-moving machine in respect of which the EC type-examination certificate was granted conforms with the EC type-examination requirements applicable in accordance with paragraph (3) above at the date the extension enters into force;
and if the approved body refuses to grant such extension it shall inform the applicant of his right to apply for a review of the decision of the approved body under regulation 8.
.
3
References in the principal Regulations to “EEC” wherever they occur shall be substituted with “EC”.
4
Nothing in these Regulations shall affect the validity of an EC type-examination certificate which is in force at the date of the coming into force of these Regulations but any such certificate shall cease to be valid after 29th December 1997.
Ian Taylor
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
6th September 1995