text:
Title and commencement
1
This Order may be cited as the Enzootic Bovine Leukosis (Amendment) Order 1995 and shall come into force on 27th January 1995.
Amendment to the Enzootic Bovine Leukosis Order 1980
2
1
The Enzootic Bovine Leukosis Order 1980 shall have effect subject to the following amendments.
2
After article 5 there shall be inserted the following articles —
Notification of laboratory examination findings
5A
1
Subject to paragraph (2) below, where by reason of a laboratory examination of a sample taken from a bovine animal evidence of the existence of enzootic bovine leukosis is identified, the person in charge of the laboratory shall forthwith notify the Divisional Veterinary Officer of the fact.
2
The obligation to give notification in paragraph (1) above shall not apply where enzootic bovine leukosis has been deliberately introduced into a laboratory sample.
Sampling of milk for testing for evidence of the existence of enzootic bovine leukosis
5B
1
Subject to paragraph (2) below it shall be the duty of any person who purchases milk for resale in any form from the owner or person in charge of a herd of bovine animals to ensure that, once in every three months and at the expense of the purchaser —
a
a sample of milk is taken from that herd;
b
such sample is taken from milk which includes milk from all bovine animals whose milk is available for sale and, where requested by the appropriate laboratory, such preservative as is specified by the laboratory;
c
such sample is labelled with —
i
a bar code which enables the herd from which the sample was taken to be electronically identified by the appropriate laboratory; and
ii
the date on which the sample was taken; and
d
such sample is sent forthwith for testing for evidence of the existence of enzootic bovine leukosis to —
i
in the case of a herd situated in England or Wales, the animal health laboratory of Genus Ltd. at Bryn-yr-Odin, 22 Myrtle Terrace, Llanelli, Dyfed, SA15 1LL;
ii
in the case of a herd situated in Scotland, a nominated laboratory, and it shall be the duty of the purchaser to notify the Minister of the nominated laboratory selected for this purpose; or
iii
in the case of a person purchasing milk which has originated from a herd situated in Scotland and also from a herd situated in England or Wales, either the animal health laboratory of Genus Ltd. or a nominated laboratory, provided that such purchaser has previously notified the Minister of the laboratory selected for this purpose.
2
The duty imposed by paragraph (1) above shall not apply to any person who purchases pre-packed raw milk for resale —
a
in the containers in which he receives such milk with the fastenings of such containers unbroken;
b
from a vehicle which is used as a shop premises; and
c
direct to the ultimate consumer,
and in this paragraph “ultimate consumer” means any person who buys milk other than —
i
for the purposes of resale;
ii
for the purposes of a catering establishment; or
iii
for the purposes of a manufacturing business.
3
Subject to any requirement under paragraph (1)(b) above to add a preservative, no person shall treat or otherwise tamper with any sample which has been taken for the purposes of this article or with its label.
4
For the purposes of this article a person shall be deemed to have treated or tampered with a sample if he does anything in relation to it which is likely to affect the result of the testing required under this article.
5
When a sample is tested by the animal health laboratory of Genus Ltd. or by a nominated laboratory for evidence of the existence of enzootic bovine leukosis and the result of the test is either positive or inconclusive, the person in charge of the laboratory shall notify the Minister forthwith of the fact.
6
The person in charge of the animal health laboratory of Genus Ltd. shall —
a
maintain a record of those herds situated in England or Wales whose milk is required to be tested under paragraph (1) above and of those herds situated in Scotland in respect of which the laboratory is receiving samples for testing pursuant to paragraph (1)(d)(iii) above; and
b
notify the Minister forthwith if, for any three month period, a sample from one of the herds listed in the records required under sub-paragraph (a) above is not received.
7
The person in charge of a nominated laboratory shall —
a
maintain a record of those herds situated in Scotland whose milk is required to be tested under paragraph (1) above and of those herds situated in England or Wales in respect of which the laboratory is receiving samples for testing pursuant to paragraph (1)(d)(iii) above; and
b
notify the Minister forthwith if, for any three month period, a sample from one of the herds listed in the records required under sub-paragraph (a) above is not received.
8
Where in the previous three months the result of the testing of any sample for evidence of the existence of enzootic bovine leukosis is either positive or inconclusive, the person in charge of the animal health laboratory of Genus Ltd. or of the appropriate nominated laboratory shall keep a record of the fact and shall provide such record to the Minister every three months.
9
Where the result of the testing of any sample for evidence of the existence of enzootic bovine leukosis is negative, the person in charge of the animal health laboratory of Genus Ltd. or of the appropriate nominated laboratory shall keep a record of the name and address of the owner or person in charge of the herd to which the sample relates and shall provide such record to the Minister every six months.
10
The person in charge of the animal health laboratory of Genus Ltd. or of a nominated laboratory shall, where required to maintain records under paragraphs (6), (7), (8) or (9) above, retain those records for a period of one year from the date of the testing.
11
If any person fails to take any action required to be taken by him under the provisions of paragraph (1) above, an inspector may, without prejudice to any proceedings arising out of such default, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable by the Minister from the person in default.
12
For the purposes of this article “nominated laboratory” means one of the laboratories listed below —
Scottish Milk Laboratories Ltd., Underwood Road, Paisley PA3 1TJ,
Aberdeen Milk Services Ltd., Twin Spires, Bucksburn, Aberdeen AB2 9NR,
North of Scotland Milk Co-operative Society Ltd., Balmakeith Industrial Estate, Forres Road, Nairn IV12 5QW.
3
In paragraph (1) of article 6 (veterinary inquiry as to the existence of enzootic bovine leukosis) for the words “whether under Article 4 or Article 5 above or otherwise” there shall be substituted the words “whether under Article 4, Article 5, Article 5A or Article 5B above or otherwise”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th January 1995
Fraser of Carmyllie
Minister of State, Scottish Office
30th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
23rd December 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Wiltshire Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th July 1995.
2
In this Order —
“the Authority” means the Wiltshire and Bath Health Authority;
“the Trust” means the East Wiltshire Health Care 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 16th February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th July 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
26th June 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) (Functions of Family Health Services Authorities) Regulations 1995 and shall come into force on 9th January 1996.
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“ FHSA ” means Family Health Services Authority; and
“the principal Regulations ” means the National Health Service (Fund-holding Practices) Regulations 1993 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1 of the principal Regulations (citation, commencement and interpretation), in paragraph (8), after “Regional Health Authority” insert “or an FHSA”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (application for recognition as a fund-holding practice) —
a
for paragraph (1), substitute —
1
Subject to paragraph (5), an application shall be made in writing and shall be sent to the relevant FHSA.
;
b
in paragraph (2A) —
i
for “Regional Health Authority” substitute “relevant FHSA”, and
ii
at the end insert “and where the relevant FHSA receives such a notice after it has forwarded the application to the Regional Health Authority pursuant to paragraph (2B), it shall forward the notice to the Regional Health Authority”.
c
after paragraph (2A), insert the following new paragraphs —
2B
The relevant FHSA shall consider the application and, subject to paragraphs (4) and (5), forward it to the Regional Health Authority together with a notice stating whether the practice —
a
complies with the relevant condition set out in paragraph 1(a) or (b) of Schedule 1 or, in the opinion of the relevant FHSA, is likely to do so by the date on which any recognition would take effect;
b
will, in the opinion of the relevant FHSA, be capable of managing an alltted sum effectively and efficiently; and
c
complies with the conditions set out in paragraphs 2, 5 and 6 of Schedule 1.
2C
Where the notice mentioned in paragraph (2B) states that in the opinion of the FHSA the practice will not be capable of managing an allotted sum effectively and efficiently, the FHSA shall include with the notice a statement of the reasons for its opinion.
2D
The relevant FHSA shall send a copy of the notice mentioned in paragraph (2B), together with any statement of reasons as mentioned in paragraph (2C), to the members of the practice.
2E
Where the notice mentioned in paragraph (2B) states —
a
that the practice does not comply with the relevant condition specified in paragraph 1(a) or (b) of Schedule 1 and that, in the opinion of the relevant FHSA, it is not likely to do so by the date on which any recognition would take effect; or
b
that the practice will not, in the opinion of the relevant FHSA, be capable of managing an allotted sum effectively and efficiently; or
c
that the practice does not comply with one or more of the conditions specified in paragraphs 2, 5 or 6 of Schedule 1,
the Regional Health Authority (or, as the case may be, the Secretary of State) shall invite the practice to comment upon the relevant FHSA’s observations before deciding whether or not to grant recognition as a fund-holding practice in accordance with regulation 5.
; and
d
paragraph (4), shall be omitted.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (additions to existing fund-holding practices), in paragraph (1)(a), omit “to the Regional Health Authority”.
Amendment of regulation 13 of the principal Regulations
5
In regulation 13 of the principal Regulations (grounds for removal of recognition) after paragraph (2), insert —
3
The relevant FHSA shall have the function of collecting, collating and forwarding to the Regional Health Authority any information reasonably required by the Regional Health Authority to enable it to consider removal of recognition from the members of a fund-holding practice.
.
Determination of allotted sum
6
After regulation 18 insert —
PART IVA
ALLOTTED SUM — DETERMINATION
Determination of allotted sum
18A
In respect of each recognised fund-holding practice the relevant FHSA shall —
a
collect and collate any information reasonably required by the Regional Health Authority to enable it to make a determination of the allotted sum payable to that fund holding practice under-section 15(1) of the 1990 Act;
b
make any such information available to the members of the fund-holding practice and, before it makes the recommendation mentioned in paragraph (c), invite the fund-holding practice to make representations to it concerning either the accuracy or the significance of the information; and
c
subject to any directions issued by the Secretary of State under section 15(1) of the 1990 Act, propose an allotted sum to the Regional Health Authority and send with its proposal —
i
the information collected pursuant to paragraph (a), and
ii
a notice in writing stating whether the fund-holding practice agrees with the sum proposed.
.
Transfer of functions to FHSAs
7
1
To the extent that functions conferred on an FHSA by the amendments made by regulations 2 to 6 of these Regulations are functions of a Regional Health Authority (or where the FHSA is located in Wales, of the Secretary of State) under sections 14 to 16 of the 1990 Act, they shall become functions of the FHSA with effect from 9th January 1996.
2
The FHSA which is to exercise the functions of the relevant Regional Health Authority (or, as the case may be, the Secretary of State) in accordance with paragraph (1) in relation to the members of any existing recognised fund-holding practice and in relation to any medical practitioners wishing to apply for recognition shall be the relevant FHSA.
3
In this regulation —
a
“relevant FHSA” shall be construed in accordance with section 15(1B) of the 1977 Act and section 14(4) of the 1990 Act; and
b
“relevant Regional Health Authority” shall be construed in accordance with section 14(3) of the 1990 Act.
Signed by authority of the Secretary of State for Health,
Gerald Malone
Minister of State,
Department of Health
William Hague
Secretary of State for Wales
18th December 1995


text:
Citation and commencement
1
1
This Order may be cited as the Cleveland (Further Provision) Order 1995.
2
Article 2 of this Order shall come into force on 1st November 1995 and all other articles shall come into force on 1st April 1996.
Cleveland County Council: casual vacancies
2
Section 89 of the Local Government Act 1972 (filling of casual vacancies in case of councillors) shall have effect, in relation to a casual vacancy occurring in the office of councillor for the county of Cleveland , as if the reference in that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to 1st April 1996.
Cleveland: boundary changes
3
1
The county of Cleveland shall be abolished.
2
A new county of Hartlepool shall be constituted comprising the area of the borough of Hartlepool
3
A new county of Middlesbrough shall be constituted comprising the area of the borough of Middlesbrough.
4
A new county of Redcar and Cleveland shall be constituted comprising the area of the borough of Redcar and Cleveland .
5
A new county of Stockton-on-Tees shall be constituted comprising the area of the borough of Stockton-on-Tees.
6
Section 2(1) of the Local Government Act 1972 (which provides that every county shall have a council) shall not apply in relation to the counties constituted by paragraphs (2) to (5) above.
Amendment of Schedule 1A to the Police Act 1964
4
Schedule 1A to the Police Act 1964 (police areas) shall be amended by substituting for the words “The county of Cleveland” in the right-hand column opposite the name of the Cleveland police area the words “The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
10th July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No.2) Regulations 1995 and shall come into force on 2nd January 1996, immediately after the Housing Benefit (General) Amendment Regulations 1995 come into force.
2
In these Regulations “the principal Regulations”means the Housing Benefit (General) Regulations 1987 and a reference in a regulation to a numbered paragraph is to the paragraph of the regulation in those Regulations bearing that number.
Amendment of regulation 10 of the principal Regulations
2
1
Regulation 10 of the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) there shall be inserted, after the words “Subject to”, the words “paragraph (6AA) and”.
3
After paragraph (6A) there shall be inserted the following paragraphs —
6AA
Except in a case where paragraph (6AB) applies and subject to any apportionment in accordance with paragraphs (4) and (5), in any case where a maximum rent has been determined there shall be no reduction or further reduction, as the case may be, in eligible rent in accordance with paragraph (3).
6AB
This paragraph applies where —
a
the appropriate authority considers that the circumstances in either paragraph 2(1A) or 3 of Schedule 1 (amount of ineligible charges and excessive service costs) arise; or
b
any charge to which sub-paragraphs (a) to (c) of paragraph (3) apply has not been taken account of either by the appropriate authority in determining the maximum rent or by a rent officer in a determination made in exercise of the Housing Act functions.
.
Amendment of regulation 11 of the principal Regulations
3
1
Regulation 11 of the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (6) there shall be inserted the following paragraphs —
6A
Subject to paragraph (6B), in a case where —
a
a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by an authority under regulation 12A(1)(c) ; and
b
subsequent to that determination the reckonable rent for that dwelling is changed,
then in determining a maximum rent in relation to a claim for benefit of a claimant who has a liability to make payments in respect of that dwelling, the authority shall treat the relevant or, as the case may be, reckonable rent to be that determined in or, as the case may be, applicable to, that determination by the rent officer.
6B
Paragraph (6A) shall not apply in a case where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if that reckonable rent had not changed; and where this paragraph applies, the maximum rent shall be the reckonable rent, as so reduced.
.
3
After paragraph (8) there shall be inserted the following paragraphs —
8A
Subject to paragraphs (8B) and (8C), in any case where, pursuant to regulation 10(3) (non-eligible payments) , the amount of a person’s otherwise eligible rent falls to be lessened by any —
a
deduction for fuel;
b
deduction for meals; or
c
water charges,
the maximum rent shall be that determined in accordance with the foregoing provisions of this regulation, less the amount of any such deductions or charges.
8B
Subject to paragraph (8C), where a rent officer has made a rent determination under paragraph 3 of Schedule 1 to the Rent Officers Order there shall be no deductions for fuel or for meals.
8C
Where the notice of the determination to which paragraph (8B) refers states, pursuant to paragraph 2A of Schedule 1 to the Rent Officers Order , that an ineligible payment has been included in it and —
a
sub-paragraph (a) of that paragraph applies to that determination, there shall be a deduction for meals;
b
sub-paragraph (b) of that paragraph applies to that determination, there shall be a deduction for fuel;
c
sub-paragraph (c) of that paragraph applies to that determination, there shall be a deduction for fuel and a deduction for meals.
.
4
In paragraph (13) —
a
after the words “In this regulation –” there shall be inserted the following definitions —
“deduction for fuel” means any amount of a person’s otherwise eligible rent which is an ineligible service charge by reason of and within the meaning of paragraph 4 of Schedule 1;
“deduction for meals” means any amount of a person’s otherwise eligible rent which is an ineligible service charge by reason of and within the meaning of paragraph 1(a)(i) of Schedule 1 ;
;
b
to the definition of “reckonable rent” there shall be added, at the end, the words —
plus the amount of any deduction for fuel, deduction for meals or water charges, as the case may be, which that person is liable to pay
;
c
after the definition of “size-related rent” there shall be added a new definition —
“water charges” means any charge to which regulation 10(3)(a) applies.
.
Amendment of regulation 12A of the principal Regulations
4
1
Regulation 12A of the principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) there shall be substituted for the words “Subject to paragraph (2)” the words “Subject to the following provisions of this regulation”.
3
After paragraph (1) there shall be inserted a new paragraph (1A) —
1A
When applying to the rent officer pursuant to paragraph (1) the appropriate authority shall state the following information in respect of the payments which that claimant is liable to make in respect of the dwelling which he occupies as his home —
a
whether they include any charges for water, sewerage or allied environmental services; and
b
where they include any charges that are ineligible for housing benefit by reason of paragraph 1(d) to (f) of Schedule 1 (ineligible service charges) —
i
that such charges are included; and
ii
the value of those charges as determined by that authority pursuant to regulation 10(3) and that Schedule.
.
Amendment of regulation 79 of the principal Regulations
5
In regulation 79(4A) of the principal Regulations (review of determinations) for the words “paragraph (3)” there shall be substituted the words “paragraph (2)”.
Amendment of regulation 91 of the principal Regulations
6
In paragraph (1) of regulation 91 of the principal Regulations (payment on account of a rent allowance), for the words after “such amount as it considers reasonable” there shall be substituted the words —
having regard to —
such information which may at the time be available to it concerning the claimant’s circumstances; and
any relevant determination made by a rent officer in exercise of the Housing Act functions.
.
Amendment of Schedule 1A to the principal Regulations
7
For paragraph 3 of Schedule 1A to the principal Regulations (excluded tenancies) there shall be substituted the following paragraph —
3
1
This paragraph applies where the landlord is a registered housing association, except in a case where the local authority consider that —
a
the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or
b
the rent payable for that dwelling is unreasonably high.
2
Where the circumstances set out in head (a) or (b) of sub-paragraph (1) above exist, the authority shall so state in their application for a determination.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
6th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Glamorgan Ambulance National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 23rd October 1995.
2
In this Order —
“the Authority” means Mid Glamorgan Health Authority;
“the Trust” means the Mid Glamorgan Ambulance 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 7th August 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd October 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
21st September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blyth Harbour Act 1986 (Amendment) Order 1995 and shall come into force on 10th November 1995.
2
In this Order —
“the 1986 Act ” means the Blyth Harbour Act 1986.
Amendments to the 1986 Act
2
The 1986 Act is amended —
a
in section 3(1) and section 5(2) by the substitution for “the reconstitution date” of “1st January 1996”;
b
in section 3(2)(a) by the substitution for “the National Coal Board” of “relevant bodies”;
c
by the insertion after section 3(2) of:
2A
A body is a relevant body for the purposes of subsection(2)(a) above if —
a
it is not a user described in subsection (2)(b) above;
b
it has consented in writing to appoint a Commissioner or Commissioners (as the case may be) at the written request of the Commissioners appointed under subsection (2)(b) to (f) above;
c
it is a company or firm which in the opinion of those Commissioners is a significant user of the facilities at the harbour or is significantly engaged in or connected with trade through the harbour; and
d
the consent is for the time being in force.
2B
A consent under subsection (2A)(b) above —
a
may be withdrawn by notice in writing to the Secretary to the Commissioners; and
b
shall lapse three years after it is given;
but such withdrawal or lapse shall not affect the continuance in office in accordance with section 5 of this Act of any Commissioner previously appointed by the body concerned.
2C
It shall be the duty of the Commissioners appointed under subsection (2)(b) to (f) above as soon as reasonably practicable after:
a
the 10th November 1995; or,
b
the 1st January of any year in which the terms of office of the Commissioners appointed by relevant bodies expire; or,
c
the withdrawal by notice in writing referred to in subsection(2B)(a) above,
(as the case may be) to take all reasonable steps necessary to obtain the consents referred to in subsection (2A)(b)above.
; and,
d
in section 5(1) by the substitution for “the sixth day preceding the reconstitution date”of “1st December 1995”.
Richard Page
Parliamentary Under Secretary of State for Small Business, Industry and Energy,
Department of Trade and Industry
9th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Learning Disability and Mental Health Service 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 East Surrey Health Authority;
“the Trust” means the East Surrey Learning Disability and Mental Health Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd November 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:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue, Redbridge) (Prescribed Route) Order 1995 and shall come into force on 25th August 1995.
2
Without prejudice to anything done or to any liability incurred in respect of any act or omission before the coming into force of this Order, the Trunk Road (Eastern Avenue, Ilford) (Prescribed Route) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport
R T Thorndike
Director, Highways Agency, London Network Management Division
15th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment No. 2) Regulations 1995 and shall come into force on 20th December 1995.
Amendment of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992.
2
For paragraph 4 of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 (capital to be disregarded) there shall be substituted:
4
Any future interest in property which would be disregarded under paragraph 5 of Schedule 10 to the Income Support Regulations (future interests in property other than in certain land or premises) .
.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
Department of Health
28th November 1995


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 3) Regulations 1995 and shall come into force on the day that the Finance Bill 1995 is passed and shall apply to supplies made on or after that day.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 30 —
a
after the words “or acquired by and” in paragraph (2)(a) there shall be inserted —
, subject to paragraph (2A) below,
;
b
after paragraph (2) there shall be inserted —
2A
For the purposes of paragraph (2)(a) above, supplies of goods or services to which regulation 58ZA below applies shall be treated as supplied in the period in which the VAT on those supplies is treated by virtue of that regulation as being chargeable.
4
Before regulation 58A there shall be inserted —
Prescribed accounting period in which VAT on certain supplies is to be treated as being chargeable
58ZA
1
Any VAT chargeable on a supply of goods or services by one member of a group to another to which section 43(1)(a) of the Value Added Tax Act 1994 does not apply because the person making the supply and the person supplied do not continue to be members of that group until the time specified in paragraph (2) below shall be treated as chargeable (if it would otherwise be chargeable in an earlier period) in the first prescribed accounting period in which either the body making the supply or the body supplied (or both) no longer continue to be members of that group.
2
The time referred to in paragraph (1) above is —
a
in the case of a supply of goods which are to be removed in pursuance of the supply, a time after the removal;
b
in the case of any other supply of goods, a time after the goods have been made available, in pursuance of the supply, to the body supplied; or
c
in the case of a supply of services, a time after the services have been performed.
D. J. Howard
Commissioner of Customs and Excise
12th April 1995


text:
1
This Order may be cited as the A3 Trunk Road (Kingston Vale, Kingston Upon Thames) (Prescribed Routes) Order 1995 and shall come into force on 1st July 1995.
2
In this Order:
“Robin Hood Roundabout” means the roundabout site, which includes a triangular island site on its north-eastern side, in the trunk road at its junction with Kingston Vale (A308) and Robin Hood Way (A3); and
“the trunk road” means that length of the A3 Trunk Road in the Royal Borough of Kingston Upon Thames known as Kingston Vale.
3
Save as provided in article 5 below, no person shall cause or permit any vehicle to enter or proceed through the gap in Robin Hood Roundabout.
4
Save as provided in article 5 below, no person shall cause or permit any vehicle proceeding in the north-eastbound carriageway of the trunk road to make a U-turn, so as to proceed in the opposite direction, upon reaching the north-eastern extremity of Robin Hood Roundabout.
5
Nothing in articles 3 and 4 above shall apply to —
a
any vehicle being used for fire brigade, police or ambulance purposes; or
b
anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer Highways Agency
London Office
19th June 1995


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1995 and shall come into force on 1st July 1995.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Schemes.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
38.775 pence in respect of dealer levy,
b
35.25 pence in respect of grower levy,
c
8.225 pence in respect of standard rate processor levy, and
d
3.525 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 66.975 pence.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
18th May 1995
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
18th May 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
22nd May 1995
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
17th May 1995


text:
PART I
PRELIMINARY
Title and commencement
1
1
These Regulations may be cited as the Dairy Products (Hygiene) Regulations 1995 and shall come into force on 9th May 1995.
2
These Regulations shall apply to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“animal” means an animal of the following species: cows, sheep, goats or buffaloes;
“another EEA State” means an EEA State other than the United Kingdom;
“approval” in relation to a dairy establishment means approval by the approving authority in accordance with regulation 6 or 15 and “approved” shall be construed accordingly;
“approving authority” means the food authority for the area within which a dairy establishment is situated;
“authorised officer” means an authorised officer of the Minister or of an approving authority, as the case may be;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital, institution or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption without further preparation;
“collection centre” means an establishment where raw milk is collected and where it may be cooled and filtered;
“complete cold mix” in relation to ice-cream means a product which is capable of manufacture into a mixture with the addition of water only, is sent out by the manufacturer in airtight containers, and has been made by evaporating a liquid mixture which has already been submitted to heat-treatment not less effective than that prescribed in paragraph 1 of Part V or paragraph 1 of Part VI of Schedule 6 and to which, no substance other than sugar has been added;
“Council Directive 92/46” means Council Directive 92/46/ EEC , laying down the health rules for the production and placing on the market of milk and milk-based products , as amended by Council Directives 92/118/EEC and 94/71/ EC , to be Read with Council Directive 92/47;
“Council Directive 92/47” means Council Directive 92/47/EEC on the conditions for granting temporary and limited derogations from specific Community health rules on the production and placing on the market of milk and milk-based products ;
“cream” means that part of cows' milk rich in fat which has been separated by skimming or otherwise;
“dairy establishment” means any undertaking handling dairy products and is either: —
a standardisation centre, or
any one of the following undertakings operating alone or in combination: —
treatment establishment,
a processing establishment, or
a collection centre;
“dairy product” means milk or any milk-based product;
“distributor” means a person who sells drinking milk which is raw cow’s milk, produced on a registered production holding of which he is not the occupier;
“drinking milk” means milk intended for delivery as such to the ultimate consumer and in relation to drinking milk which is cows' milk, it has the meaning assigned to it by Article 3(1) of Council Regulation (EEC) No. 1411/71 laying down additional rules on the common market organisation in milk and milk products for drinking milk, as amended ;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th 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;
“establishment” in Part II of Schedule 2 means a treatment establishment or a processing establishment;
“farm premises” means a farm occupied by the occupier of a registered production holding as a single farm and includes the production holding and any processing establishment or other building or buildings situated on that farm and occupied by the same occupier;
“handling” includes preparing, processing, packaging, treating, wrapping or rewrapping in the course of a business;
“health mark” means a mark applied in accordance with regulation 11(1) and of a kind and in a manner as set out in Part II of Schedule 10;
“heat-treatment” means any treatment of a dairy product involving heating that causes, immediately after such treatment, a negative reaction to the phosphatase test and “heat-treated” shall be construed accordingly;
“heat-treated milk” means milk obtained by heat-treatment;
“heat-treated drinking milk” means either drinking milk intended for sale to the ultimate consumer or to institutions, obtained by heat-treatment and presented as pasteurised, UHT or sterilised milk; or milk treated by pasteurisation, at the request of an individual consumer, for sale in bulk to that consumer;
“hermetically sealed container” means a container which, when sealed, is impervious and is intended to protect its contents against the entry of micro-organisms during and after heat-treatment;
“ice-cream” means any ice-cream which is a milk-based product;
“limited production” in relation to the production of heat-treated drinking milk means production by means of a separate circuit within any dairy establishment in which heat-treated drinking milk is manufactured and the annual usage of milk for the production of heat-treated drinking milk by such separate circuit does not exceed 300,000 litres;
“low capacity dairy establishment” means a dairy establishment whose annual usage of milk, or milk-based products converted to the equivalent in liquid milk, for the manufacture of milk-based products does not exceed 300,000 litres;
“marketing authorisation” means a marketing authorisation to which the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 apply;
“milk” means the milk of cows, ewes, goats or buffaloes intended for human consumption;
“milk-based product” means —
a milk product exclusively derived from milk to which other substances necessary for its manufacture may have been added, provided that those substances do not replace in part or in whole any milk constituent, and
a composite milk product of which no part replaces or is intended to replace any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product,
intended for human consumption;
“milk for the manufacture of milk-based products” means raw milk for processing or liquid or frozen milk obtained from raw milk, whether or not it has undergone an authorised physical treatment such as heat-treatment or thermisation, or is modified in its composition, provided that these modifications are restricted to the addition or removal, or both, of natural milk constituents;
“Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food, and
in relation to Wales, the Secretary of State;
“mixture” in Parts V and VI of Schedule 6 means any product which is capable of manufacture into ice-cream by freezing only;
“occupier” means any person carrying on the business of a producer or handler of dairy products or his duly authorised representative;
“packaging” in relation to dairy products means the placing of one or more wrapped or unwrapped dairy products in a container, as well as the container itself;
“pasteurisation” means the process of heat-treating milk in accordance with paragraph 2(a) of Part III of Schedule 4;
“pasteurised milk” means milk obtained by pasteurisation;
“potable water” means water within the meaning of Council Directive 80/778/EEC relating to the quality of water intended for human consumption;
“processing” includes manufacturing as well as operations such as slicing;
“processing establishment” means an establishment where any dairy product is either treated, processed and wrapped or undergoes one or more of those handling activities;
“product licence” means a product licence granted under the Medicines Act 1968 ;
“production holding” means premises at which one or more milk-producing cows, ewes, goats or buffaloes are kept;
“raw” in relation to milk means milk produced by the secretion of the mammary glands of one or more cows, ewes, goats or buffaloes, which has not been heated beyond 40° C or undergone any treatment which has an equivalent effect;
“registration” in relation to a production holding means registration in accordance with regulation 4 or 14 and “registered” shall be construed accordingly;
“sell” includes offer, expose, advertise or have in possession for sale;
“separate circuit” in relation to production in a dairy establishment means the production of heat-treated drinking milk by means of separate equipment or installations, or in a clearly separated place or at a different time from the production of other dairy products, in that establishment;
“shop premises” means premises (including vehicles) from which any food is sold to the ultimate consumer;
“standardisation centre” means an establishment which is not attached to a collection centre or to a treatment or processing establishment and where raw milk may be skimmed or its natural constituents modified;
“sterilised milk” means milk which has been heat-treated in accordance with paragraph 4 of Part III of Schedule 4;
“sugar” means any soluble carbohydrate sweetening matter and for this purpose “carbohydrate” means a substance containing carbon, hydrogen and oxygen only, in which the hydrogen and the oxygen generally although not always occur in the same proportion as in water;
“thermisation” means the process of treating milk in accordance with the requirements specified in paragraph 1(b) of Part II of Schedule 5;
“thermised milk” means milk which has been subjected to thermisation;
“third country” means a country which is not an EEA State;
“treatment” means heat-treatment or thermisation;
“treatment establishment” means an establishment where milk is heat-treated;
“UHT milk” means milk which has been heat-treated in accordance with paragraph 5(a) of Part III of Schedule 4;
“ultimate consumer” means any person who buys otherwise than —
for the purpose of re-sale;
for the purposes of a catering establishment; or
for the purposes of a manufacturing business;
“veterinary surgeon” has the meaning assigned to it by the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992 ;
“veterinary written direction” has the meaning assigned to it by the Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992;
“withdrawal period” in paragraph 1(f) of Part I of Schedule 3 means the period specified in a current product licence or marketing authorisation relating to a product administered to an animal, or (in the absence of any such specification) specified in a prescription or a veterinary written direction given by a veterinary surgeon in respect of the administration of the product, which is required to elapse from the cessation of the administration of the product to the animal before the taking of its milk for human consumption;
“wrapping” in relation to any dairy product means the protection of that dairy product by the use of an initial wrapping or initial container in direct contact with the product as well as the initial wrapper or initial container itself.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meaning as in Council Directive 92/46.
3
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
1
These Regulations shall not apply to —
a
any production holding or dairy establishment producing or handling dairy products exclusively for the consumption of the occupier of that production holding or dairy establishment;
b
ny dairy establishment handling dairy products exclusively for the supply by the occupier of that dairy establishment otherwise than on sale; or
c
any person engaged in the production or handling of dairy products described in sub-paragraph (a) or (b) above;
2
Subject to paragraph (3) below these Regulations shall not apply to —
a
he handling of any dairy products in any catering establishment or shop premises;
b
the sale of any dairy products from any catering establishment or shop premises; or
c
any person engaged in the selling or handling of dairy products described in sub-paragraph (a) or (b) above.
3
Notwithstanding the exemption in paragraph (2) above, the requirements of —
a
Parts II to IV of Schedule 6 shall apply in relation to the handling of any heat-treated cream in any catering establishment or shop premises;
b
Parts V and VI of Schedule 6 shall apply in relation to the handling of any ice-cream in any catering establishment or shop premises; and
c
regulation 12 shall apply in relation to any catering establishment or shop premises selling drinking milk which is raw cows' milk.
4
Subject to paragraph (5) below —
a
regulation 6;
b
regulation 9(1)(a);
c
regulation 11(1)(b) and (d); and
d
regulation 13(1)(b)(iii), (iv) and (vi), and (c) to (e);
shall not apply in relation to any processing establishment which comprises part of any farm premises, and from which establishment is carried on the business of selling or handling —
i
any raw milk wrapped in that establishment, or
ii
any milk-based product made from raw milk produced on those farm premises,
where such sales are made direct to the ultimate consumer exclusively.
5
Notwithstanding the exemption in paragraph (4)(a) above, the occupier of a processing establishment which comprises part of any farm premises shall ensure that the requirements of regulation 6(1)(a) as read with Part III of Schedule 2 are complied with in that processing establishment.
6
In paragraph (1)(a) above, “occupier” includes any person forming part of the occupier’s household.
PART II
REGISTRATION AND USE OF PRODUCTION HOLDINGS
Registration
4
1
No person shall use any premises as a production holding for the production of raw milk unless those premises —
a
comply with the appropriate requirements of Schedule 1; and
b
are registered in accordance with the provision of paragraph (3)(a) below, or are deemed to be registered in accordance with regulation 14.
2
No person shall —
a
despatch for sale from any registered production holding any raw milk which does not comply with the provisions of these Regulations; or
b
despatch any raw milk to another EEA State, or any part of the British Islands, from a production holding to which this regulation applies but which is not registered under this regulation or is deemed to be registered by regulation 14.
3
The Minister on application made to the Minister under this regulation shall —
a
register the premises to which the application relates as a production holding if the Minister is satisfied that both the premises and the arrangements at those premises for use as a production holding are adequate to comply with the requirements of Schedule 1 and paragraphs 1 and 2 of Schedule 7; or
b
refuse to register the premises as a production holding if the Minister is not so satisfied.
4
Each application for registration under this regulation shall be made in writing to the Minister by the occupier of, or a person proposing to occupy, the production holding to which the application relates.
5
The Minister shall, without unreasonable delay after receipt of the application referred to in paragraph (4) above, notify the applicant in writing of the Minister’s decision on that application and of the reasons of any refusal to register such production holding.
6
Any person who is aggrieved by the decision of the Minister not to grant a registration or by the imposition of any condition specified by the Minister, may appeal against that decision to a magistrates' court.
7
Sections 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission —
a
of the references to appeals for which provision is made by regulations under section 37(2); and
b
of subsection 5(b) and the word “or” immediately preceding it.
8
Any registration granted in respect of any production holding under this regulation shall be subject to the condition that any alteration to that production holding shall comply with the requirements of Schedule 1 and paragraphs 1 and 2 of Schedule 7 if appropriate.
9
Without prejudice to sections 9 to 12 of the Act, where the Minister has refused a registration under this regulation, a person who both prior to the coming into force of these Regulations and immediately before such refusal had been lawfully using any premises for the production of raw milk, may continue to use such premises for that purpose, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appeal has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
10
The Minister shall be entitled to inspect any premises in respect of which an application had been made to the Minister to register such premises as a production holding, prior to registering those premises.
List of production holdings
5
1
The Minister shall allot a registration number to each registered production holding, including any premises deemed to be registered in accordance with regulation 14, and keep a list of such production holdings.
2
Any registered production holding which ceases to be used as a production holding shall be removed from the list kept by the Minister pursuant to paragraph (1) above.
PART II
APPROVAL AND USE OF DAIRY ESTABLISHMENTS
Approvals
6
1
No person shall use any premises as a dairy establishment, unless those premises —
a
comply with the appropriate requirements of Schedule 2; and
b
are approved in accordance with the provisions of paragraph (3)(a) or (9) below.
2
No person shall —
a
despatch from any approved dairy establishment any dairy products which do not comply with the provisions of these Regulations; or
b
despatch any dairy products to anther EEA State or any part of the British Islands, from a dairy establishment to which this regulation applies but which is not approved under this regulation.
3
Subject to paragraph (9) below, an approving authority on application made to that authority under this regulation shall —
a
approve the premises to which the application relates as a dairy establishment, if that authority is satisfied that —
i
in the case of a collection centre, both the premises and the arrangements at those premises for use a collection centre are adequate to comply with the requirements of Parts I and III of Schedule 2 and with the appropriate requirements of section B of Part II of that Schedule;
ii
in the case of a standardisation centre, both the premises and the arrangements at those premises for use as a standardisation centre are adequate to comply with the requirements of Parts I and III of Schedule 2 and with section C of Part II of that Schedule;
iii
in the case of a processing establishment, both the premises and the arrangements at those premises for use as a processing establishment are adequate to comply with the requirements of Parts I and III of Schedule 2 and with the appropriate requirements of section A of Part II of that Schedule;
iv
in the case of a treatment establishment, both the premises and the arrangements at those premises for use as a treatment establishment are adequate to comply with the requirements of Parts I and III of Schedule 2 and with the appropriate requirements of section A of Part II of that Schedule; and
v
the arrangements at the dairy establishment are adequate to enable the occupier to comply with the requirements of regulation 13(1); or
b
refuse to approve the premises as a dairy establishment if the approving authority is not so satisfied.
4
Each application for an approval under this regulation shall be made in writing to the approving authority by the occupier of, or a person proposing to occupy, the dairy establishment to which the application relates.
5
The approving authority shall, without unreasonable delay after receipt of the application referred to in paragraph (4) above, notify the applicant in writing of its decision on that application and of the reasons for any refusal to approve such dairy establishment.
6
Any person who is aggrieved by a decision of the approving authority not to grant an approval or by the imposition of any condition specified by the approving authority, may appeal against that decision to a magistrates' court.
7
Sections 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under than section but with the omission —
a
of the references to appeals for which provision is made by regulations under section 37(2); and
b
of subsection 5(b) and the word “or” immediately preceding it.
8
Any approval granted in respect of any dairy establishment under this regulation shall be subject to the condition that any alteration to the establishment shall comply with the requirements of Schedule 2, if appropriate.
9
The approving authority may approve as a dairy establishment any low capacity dairy establishment which may not comply with any or all of the requirements of Parts I and II of Schedule 2.
10
Without prejudice to sections 9 to 12 of the Act, where the approving authority has refused an approval under this regulation, a person who both prior to the coming into force of these Regulations and immediately before such refusal had been lawfully using any premises for the handling of dairy products, may continue to use such premises for that purpose, subject to any reasonable conditions imposed by the approving authority for the protection of public health, until the time for appeal has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
11
The approving authority shall be entitled to inspect any premises in respect of which an application has been made to that authority for approval as a dairy establishment, prior to approving those premises.
List of dairy establishments
7
1
The approving authority shall allot an approval number to each dairy establishment which that authority has approved and shall keep a list of those dairy establishments.
2
Any approved dairy establishment which ceases to be used as a dairy establishment shall be removed from the list kept by the approving authority pursuant to paragraph (1) above.
PART IV
CANCELLATION OF REGISTRATIONS AND REVOCATION OF APPROVALS
Cancellation revocation and appeal
8
1
The Minister may cancel a registration granted by the Minister under regulation 4 or deemed to be granted by virtue of regulation 14, in respect of any production holding if, after an inspection of, or an inquiry into, the method of operation of the production holding, the Minister is satisfied that in respect of that production holding —
a
here is an obvious failure to comply with these Regulations;
b
there are obstacles to an adequate inspection of that production holding;
c
the business carried on at the premises in respect of which the registration was granted is no longer being carried on there; or
d
the premises have become exempt under regulation 3.
2
An approving authority may revoke an approval granted by that authority under regulation 6 or 15 in respect of any dairy establishment if, after an inspection of, or an inquiry into, the method of operation of the dairy establishment, it is satisfied that in respect of that dairy establishment —
a
there is an obvious failure to comply with these Regulations;
b
there are obstacles to an adequate inspection of that dairy establishment;
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.
3
In relation to a production holding the Minister and in relation to a dairy establishment the approving authority shall give the occupier of those premises notice in writing —
a
of the decision by the Minister or the approving authority, as the case may be, to cancel the registration of the production holding or to revoke the approval of the dairy establishment;
b
of the date on which the cancellation or revocation is to take effect; and
c
of the reasons for cancellation or revocation.
4
An approval may not be revoked under paragraph (2)(a) or (b) above unless there is in force in relation to the dairy establishment —
a
a prohibition order under section 11 of the Act; or
b
an emergency prohibition order under section 12,
and in consequence of compliance with the order dairy products may no longer be handled at those premises.
5
Any person who is aggrieved by the cancellation of a registration, or the revocation of an approval may appeal to a magistrates' court.
6
Sections 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission —
a
of the references to appeals for which provision is made by regulations under section 37(2); and
b
of subsection 5(b) and the word “or” immediately preceding it.
7
A cancellation or 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.
8
In paragraph (3) above “occupier”, in relation to a proposed cancellation or revocation by virtue of paragraph (1)(c) or (2)(c) above, where the production holding or dairy establishment is vacant, means the last person known to the Minister or the approving authority, as the case may be, to have carried on at the production holding or dairy establishment the business of producing or handling dairy products, or his successor in respect of that business.
PART V
CONDITIONS FOR THE HANDLING AND MARKETING OF DAIRY PRODUCTS
General conditions
9
1
Subject to paragraphs (10), (11), (12) and (13) below and regulation 15, no person shall sell for human consumption any raw milk, thermised milk, heat-treated drinking milk, heat-treated milk intended for the manufacture of milk-based products or milk-based products, unless —
a
it originates from a registered production holding or an approved dairy establishment which complies with the appropriate requirements set out in Schedules 1 and 2;
b
it complies with the appropriate requirements set out in Schedule 3;
c
the occupier of the dairy establishment has complied with the provisions of regulation 13 in relation to it;
d
it complies with the appropriate conditions specified in paragraph (2), (3), (4), (5) or (6) below;
e
it complies with paragraphs (7), (8), (9), (10), (11) and (12) below, if applicable; and
f
it complies with regulation 11.
2
In the case of raw drinking milk, the appropriate conditions to be complied with are that —
a
in the case of raw cows' milk, those specified in Part I of Schedule 4 and regulation 12; and
b
in the case if raw ewes' milk or raw goats' milk, those specified in paragraph 2 of Part I of Schedule 4.
3
In the case of thermised milk, the appropriate conditions to be complied with are that —
a
it shall be manufactured from raw milk which complies with the requirements of paragraph (1)(a), (b) and (c) above; and
b
where the thermised milk is intended for the manufacture of milk-based products, it complies with the requirements of Part II of Schedule 5.
4
In the case of heat-treated drinking milk, the appropriate conditions to be complied with are, that —
a
it shall be manufactured from raw milk or thermised milk which complies with paragraph (1)(a), (b) and (c) above; or
b
it shall be manufactured from other heat-treated milk which complies with the appropriate requirements of Part III of Schedule 4; or
c
it shall be manufactured from a mixture of the milk specified in sub-paragraphs (a) and (b) above.
5
In the case of heat-treated milk intended for the manufacture of milk-based products, the appropriate conditions to be complied with are those specified in Parts III and IV of Schedule 5.
6
In the case of milk-based products, the appropriate conditions to be complied with are those specified in Schedule 6 and that it shall be manufactured from —
a
raw milk or thermised milk which complies with paragraphs (1)(a), (b) and (c) and (3)(b) above, as appropriate;
b
heat-treated drinking milk which complies with paragraph (4)(b) above; or
c
heat-treated milk (not being heat-treated drinking milk) which complies with paragraph (5) above.
7
No person shall sell any cows' milk to any catering establishment without heat-treatment of such milk.
8
No person shall sell any thermised cows' milk to the ultimate consumer without heat-treatment of such milk.
9
No person shall sell any ice-cream unless it is pasteurised ice-cream which complies with Part V of Schedule 6 or it is sterilised ice-cream with complies with Part VI of that Schedule.
10
In the case of any milk which does not satisfy the conditions specified in paragraph 2(a) and (c) of Part I of Schedule 3, it may be sold for human consumption after it has been heat-treated.
11
In the case of any dairy products which have been handled in an infected area, they may be sold for human consumption if the milk used in the production of such dairy products has been heat-treated.
12
In the case of cheese with a period of ageing or ripening of at least sixty days and which complies with Part I of Schedule 6, it shall not be necessary for such cheese to —
a
be prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;
b
be made from raw milk complying with paragraphs 2 and 4 of Part II of Schedule 3; or
c
be wrapped and packaged in accordance with the requirements of Schedule 9.
13
In the case of milk-based products with traditional characteristics, it shall not be necessary for such products to —
a
be prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;
b
be made from raw milk which complies with the requirements of Parts II and III of Schedule 3;
c
satisfy the microbiological criteria specified in Part I of Schedule 6; or
d
be wrapped and packaged in accordance with the requirements of Schedule 9.
14
In this regulation —
a
in paragraph (1)(c), “occupier of the dairy establishment” in relation to raw milk purchased by a person for re-sale as described in regulation 13(3), includes the person who purchased that milk for re-sale, and
b
in paragraph (11), “infected area” has the same meaning as in the Foot and Mouth Disease Order 1983 .
Methods of analysis
10
For the purposes of these Regulations the methods of analysis and testing of dairy products specified in Schedule 11 shall be used in relation to the requirements referred to in that Schedule.
Storage, transport, wrapping and labelling conditions
11
1
Dairy products intended for sale shall —
a
be handled, stored and transported in accordance with Schedules 7 and 8;
b
in the case of any heat-treated drinking milk or milk-based products transported in bulk, be accompanied during such transportation by a commercial document as specified in Part III of Schedule 8;
c
save as specified in regulation 9(12) and (13), be wrapped and packaged in accordance with the requirements of Schedule 9; and
d
subject to paragraph (4) below and regulation 15, be marked with a health mark and labelled in accordance with the appropriate requirements of Schedule 10.
2
Any person who receives a consignment of dairy products together with the commercial document referred to in paragraph (1)(b) above, shall keep that document for a period of at least one year after the date of such receipt and make it available for inspection at the request of an authorised officer.
3
No person shall use on any dairy product which has not been produced in accordance with these Regulations any mark which is not a health mark but which resembles a health mark in such a way as to be likely to suggest that the product has been produced in accordance with these Regulations.
4
An occupier may until 1st January 1996, use on his dairy products any packaging or wrapping which may not comply with the requirements of Part II of Schedule 10.
Restrictions on the sale of raw cows' milk as drinking milk
12
1
No person shall sell drinking milk which is raw cows' milk, except in accordance with the following provisions of this regulation.
2
An occupier of a registered production holding may sell such milk at or from the farm premises where the animals from which the milk has been obtained are maintained, to —
a
the ultimate consumer for consumption other than at those farm premises;
b
a temporary guest or visitor to those farm premises as or as part of a meal or refreshment; or
c
a distributor.
3
A distributor may sell such milk —
a
in the containers in which he receives the milk with the fastenings of the containers unbroken;
b
from a vehicle which is lawfully used as shop premises; and
c
direct to the ultimate consumer.
PART VI
CONDITIONS RELATING TO ALL DAIRY ESTABLISHMENTS
Duties of occupier or purchasers of raw milk for re-sale
13
1
Subject to paragraph (3) below, the occupier of a dairy establishment shall —
a
take all necessary measures to ensure that, at all stages of handling of dairy products at that dairy establishment, the appropriate requirements of these Regulations are complied with;
b
carry out his own checks to ensure —
i
that critical points in the dairy establishment relative to the processes used there are identified;
ii
that methods for monitoring and controlling such critical points are established;
iii
that appropriate tests are carried out to detect any residues of substances having pharmacological or hormonal action, and of antibiotics, pesticides, detergents and other substances which are harmful to human health or which might alter the organoleptic characteristics of dairy products or make their consumption harmful to human health if those residues exceed permitted tolerance limits;
iv
that appropriate checks are carried out to detect the presence of any added water in raw milk in accordance with Part III of Schedule 3 and in heat-treated drinking milk in compliance with Part III of Schedule 4;
v
compliance with the standards for animal health prescribed in Part I of Schedule 3; and
vi
that samples taken for the purpose of checking the cleaning and disinfection methods, or for the purpose of checking compliance with the standards for dairy products prescribed in Part II of Schedule 3 and Schedules 4, 5 and 6, are analysed and examined as appropriate in a laboratory acceptable to the approving authority;
c
ensure that as far as is reasonable and practicable a record in permanent form is kept in respect of the matters specified in sub-paragraph (b) above —
i
in the case of any dairy product which cannot be stored at ambient temperature, for a period of not less than two months, calculated from the end of the minimum durability indication or “use by” date on the product, and
ii
in the case of any other dairy product, for a period of not less than two years, calculated from the date to which such record relates;
d
upon demand by an authorised officer produce or cause to be produced any record the occupier is required to keep by sub-paragraph (c) above for inspection by the authorised officer and allow him to take copies and make extracts from it;
e
ensure that health marking is controlled and carried out properly;
f
ensure that the approving authority is notified immediately when a laboratory examination of samples or any other information in the occupier’s possession or under his control reveals a serious health risk;
g
furnish the approving authority with such information and assistance as it may reasonably request so as to enable it to take such action as it may consider necessary under these Regulations or the Act; and
h
ensure, in the event of an immediate human health risk, the withdrawal from the market of the quantity of dairy products obtained under technologically similar conditions and likely to present the same risk; and also ensure that any quantity of the dairy product so withdrawn shall be held under the supervision and control of the approving authority until it is destroyed, or used for purposes other than human consumption, or, with the agreement of the approving authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.
2
The occupier of any dairy establishment shall ensure that workers at that dairy establishment are given instruction and training with regard to hygiene matters, but the instructions and training given to a worker need only be such as is appropriate to any task undertaken by the worker.
3
Where raw milk is purchased from a production holding by any person other than the occupier of an approved dairy establishment or a distributor, for re-sale as milk intended for processing, such person shall ensure that the following obligations in relation to that milk are complied with —
a
the carrying out of appropriate tests to detect any residues as specified in paragraph (1)(b)(iii) above;
b
the carrying out of appropriate checks to detect the presence of added water in accordance with Part III of Schedule 3;
c
the taking of samples for the purpose of checking compliance of the milk with the standards for dairy products prescribed in Part II of Schedule 3;
d
the carrying out of checks to ensure compliance with the standards for animal health prescribed in Part I of Schedule 3;
e
the requirements specified in paragraph (1)(c) to (h) above, as appropriate; and
f
the requirements specified in Schedules 7 and 8.
PART VII
TRANSITIONAL PROVISIONS RELATING TO DAIRY FARMS AND DAIRY ESTABLISHMENTS
Dairy Farms
14
Any production holding which is both registered as a dairy farm before the coming into force of these Regulations, pursuant to the Milk and Dairies (General) Regulations 1959 , and is in operation as such on the date before the date on which these Regulations come into force, shall be deemed to be premises registered under and subject to the provisions of these Regulations as a production holding.
Temporary derogations under Directive 92/47
15
1
Notwithstanding the requirements of regulation 6(3) and until 31st December 1997, an approving authority shall approve a dairy establishment which does not comply with any or all of the requirements of Schedule 2 and which is listed in the Annex to Commission Decision 94/695/EC establishing the list of Community establishments for which temporary and limited derogations are granted from Community health rules on the production and placing on the market of raw milk, heat-treated milk and milk-based products , in accordance with Article 2 of Council Directive 92/47.
2
Dairy products produced in a dairy establishment approved in accordance with paragraph (1) above shall not —
a
bear a health mark, or
b
be exported to another EEA State,
3
In this regulation, “dairy establishment” includes a part of a dairy establishment, and “dairy products” mean dairy products in respect of which a derogation has been granted in accordance with Article 2 of Council Directive 92/47.
PART VIII
ENFORCEMENT, SUPERVISION AND PENALTIES
Enforcement and supervision
16
1
Subject to paragraph (2) below, each approving authority shall enforce and execute these Regulations within its area.
2
The Minister shall enforce and execute these Regulations in relation to any registered production holding and, in relation to the sale of any raw cows' milk which is drinking milk, any farm premises or any processing establishment which comprises part of any farm premises.
3
In relation to any registered production holding, farm premises or processing establishment referred to in paragraph (2) above, the Minister shall carry out such inspection and supervision of those premises and any sampling, analysis and examination of any raw cows' milk which is drinking milk as the Minister may consider necessary to ensure that the requirements of these Regulations are complied with.
4
In relation to any approved dairy establishment within its area, each approving authority shall carry out such inspection and supervision of that establishment and any sampling, analysis and examination of any dairy products as that authority may consider necessary to ensure that the requirements of these Regulations are complied with.
Information to be provided by approving authorities
17
Every approving 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.
Offences and penalties
18
1
If —
a
a person (other than an approving authority or the Minister) contravenes any provision of these Regulations; or
b
the occupier of any production holding or dairy establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that production holding or dairy establishment 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 to 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.
Authorisations to derogate
19
The approving authority may authorise derogation from the requirements as to —
a
automatic sealing in the case of limited production specified in paragraph 2 of section A of Part II of Schedule 2 and paragraph 4 of Schedule 9, in accordance with paragraph (a) of Chapter V of Annex B and paragraph 3 of Chapter III of Annex C of Council Directive 92/46;
b
equipment specified in paragraph 7(1) of section A of Part II of Schedule 2, in accordance with paragraph (f) of Chapter V of Annex B of Council Directive 92/46;
c
imes and temperatures specified in paragraph 1 of Part 1 of Schedule 5, in accordance with paragraph B(1) of Chapter I of Annex C of Council Directive 92/46;
d
temperature for milk-based products specified in paragraph 2 of Schedule 7 and paragraph 1 of Part I of Schedule 8, in accordance with paragraph A(2) of Chapter III of Annex A of Council Directive 92/46;
e
use of working areas, instruments and equipment specified in paragraph 4 of Section A of Part III of Schedule 2, in accordance with paragraph A(3) of Chapter II of Annex B of Council Directive 92/46.
Application of various sections of the Act
20
1
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 —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
section 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate); and
h
section 44 (protection of officers acting in good faith).
2
Section 5(6) (appointment of a person who is not an officer) of the Act shall apply in relation to an appointment by a food authority for the purposes of these Regulations as it applies in relation to matters arising under the Act.
3
Section 8(3) (which makes presumptions in the case of batches of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
4
Section 9 (inspection and seizure of suspected food) of the Act shall apply to food which it is a offence to sell under these Regulations as it applies to food which fails to comply with food safety requirements.
PART IX
MISCELLANEOUS AND SUPPLEMENTARY
Dairy products from Scotland, Northern Ireland, the Isle of Man and the Channel Islands
21
1
The places to which this regulation applies are Scotland, Northern Ireland, the Isle of Man and the Channel Islands.
2
No person —
a
shall sell for human consumption from an approved dairy establishment any dairy products which have been handled in a place to which this regulation applies which are intended for consignment to another EEA State, or
b
shall sell for human consumption any dairy products which have been handled in a place to which this regulation applies, after the specified date,
unless any handling of those products in that place was in accordance with legislation having effect in that place and corresponding to these Regulations.
3
Subject to regulation 11(4) and paragraph (4) below, no person shall sell for human consumption in England and Wales any dairy products which have been handled after the specified date in a place to which this regulation applies unless it carries the relevant EC health mark.
4
The prohibition in paragraph (3) above shall not apply in relation to dairy products produced in a place to which this regulation applies and which do not bear a health mark in accordance with legislation having effect in that place and corresponding to regulation 15 of these Regulations.
5
In this regulation —
a
the “specified date” means the date on which these Regulations come into force;
b
the “relevant EC health mark”, in relation to any place to which this regulation applies, means a mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Part II of Schedule 10 relation to the health mark.
Imports from third countries and EEA States
22
1
No person shall import into England and Wales for sale for human consumption from a third country any cows' milk or cream.
2
No person shall import into England and Wales for sale for human consumption from a third country any other dairy products except in accordance with the following paragraphs of this regulation.
3
In the case of dairy products produced or manufactured in another EEA State, they shall comply with the legislation having effect in that EEA State which implements Council Directive 92/46.
4
In the case of dairy products other than cows' milk or cream manufactured in any third country, they shall be accompanied by a health certificate or certificate as specified by Article 23(2)(b) or 25(1) of Council Directive 92/46.
5
In paragraph (3) above, “the legislation” shall include any administrative provisions enacted in the EEA State referred to in that paragraph to comply with Council Directive 92/46.
Revocations
23
The Regulations specified in Schedule 12 to these Regulations are revoked to the extent specified in Column 3 of that Schedule from the date these Regulations come into force.
Consequential amendments
24
1
In the Ice Cream (Heat Treatment etc ) Regulations 1959 , after regulation 2A there shall be inserted the following regulation —
Exemption
2B
1
These Regulations shall not apply in relation to any ice-cream which is a milk-based product.
2
In this regulation “milk-based product” has the same meaning as in the Dairy Products (Hygiene) Regulations 1995.
2
In the Drinking Milk Regulations 1976 , after regulation 5 there shall be inserted the following regulation —
Reserved names
5A
No person shall use any name specified in Article 3(1) of Council Regulation (EEC) No. 1411/71 , as amended , except in accordance with paragraph (2) of that Article.
3
The Good Labelling Regulations 1984 shall be amended in accordance with Schedule 13.
4
The Food Premises (Registration) Regulations 1991 shall be amended as follows —
a
for sub-paragraph (a) of regulation 3(2) there shall be substituted the following sub-paragraph —
a
as a production holding or as a dairy establishment, in each case within the meaning, in relation to England and Wales, of the Dairy Products (Hygiene) Regulations 1995;
; and
b
sub-paragraph (b) of regulation 3(2) shall be deleted.
Angela Browing
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th April 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
11th April 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
6th April 1995