text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Monitoring of Advertising) Regulations 1994 and shall come into force on 9th August 1994.
Interpretation and application
2
1
In these Regulations–
“the 1968 Act ” means the Medicines Act 1968 ;
“the 1990 Act ” means the Broadcasting Act 1990 ;
“the Advertising Regulations ” means the Medicines (Advertising) Regulations 1994 ;
“ the Commission ” means the Independent Television Commission established by section 1(1) of the 1990 Act;
“complaints authority” means the Commission, the Radio Authority or the Welsh Authority, as the case may be;
“court”, in relation to England and Wales and Northern Ireland, means the High Court, and, in relation to Scotland, means the Court of Session;
“publication” in relation to an advertisement means the dissemination of that advertisement, whether orally, in writing, by means of television or radio broadcast, or in any other way, and “publish” shall be construed accordingly;
“Radio Authority” means the authority established by section 83(1) of the 1990 Act;
“the Welsh Authority” has the same meaning as in section 56(1) of the 1990 Act;
and expressions used in these Regulations which are used in any provision of the 1968 Act have, subject to paragraphs (2) and (3) and unless the context requires otherwise, the meaning which they bear in the 1968 Act.
2
For the purposes of these Regulations, “advertisement” has the meaning assigned to it by section 92 of the 1968 Act, except that–
a
provided that it makes no product claim, reference material, a factual, informative statement or announcement, a trade catalogue or a price list shall not be taken to be an advertisement, and
b
an advertisement includes a representation,
and for the purposes of this paragraph, “representation” has the meaning assigned to it by section 92 of the 1968 Act, except that it does not include the making of a factual, informative statement or announcement which includes no product claim.
3
In these Regulations “the Health Ministers” means the Ministers specified in section 1(1)(a) of the 1968 Act and in the case of anything falling to be done by them under these Regulations means any one of them acting alone or any two or more of them acting jointly.
4
In the application of these Regulations to Scotland, for references to an injunction or an interlocutory injunction there shall be substituted references to an interdict or an interim interdict respectively.
5
In these Regulations, unless the context requires otherwise, a reference to a regulation shall be construed as a reference to that regulation contained in these Regulations, and any reference in a regulation to a numbered paragraph shall be construed as a reference to the paragraph of that regulation bearing that number.
6
These Regulations apply only to an advertisement for a product, substance or article for human use which is–
a
a medicinal product to which Chapters II to V of the 1965 Directive apply,
b
a substance or article–
i
to which Chapters II to V of the 1965 Directive apply, and
ii
specified in an order made under section 104 or section 105 of the 1968 Act, or in regulations made under section 2(2) of the European Communities Act 1972, which direct that Part VI or any section of that Part of the 1968 Act has effect in relation to such substance or article as that Part has effect in relation to medicinal products within the meaning of the 1968 Act, or
c
a homoeopathic medicinal product to which Council Directive 92/73/ EEC applies which is marketed in the United Kingdom under a certificate of registration in accordance with the provisions of the Medicines (Homoeopathic Medicinal Products for Human Use)Regulations 1994 ,
but do not apply to an advertisement for a homoeopathic medicinal product in respect of which there is in force a product licence being a licence of right.
Proceedings
3
1
Proceedings under these Regulations shall be brought in England and Wales and in Northern Ireland in the High Court and, in Scotland, before the Court of Session.
2
These Regulations are without prejudice to the availability of any criminal proceedings which may be taken under the 1968 Act or the Advertising Regulations.
3
The Health Ministers (whether one of them acting alone or two or more of them acting jointly) may, in performing functions conferred on them by these Regulations, institute civil proceedings in their own name.
Complaints about advertisements
4
1
Subject to paragraph (2), the Health Ministers shall consider any complaint made to them, other than a complaint to which regulation 5 applies or which it is the duty of a complaints authority to consider under regulations 9(1) or 10(1), that an advertisement, whether or not it has yet been published, may be in breach of the Advertising Regulations.
2
The Health Ministers shall not proceed with the consideration of any complaint which appears to them to be frivolous or vexatious.
3
In exercising the powers conferred on them by these Regulations the Health Ministers shall have regard to all the interests involved and in particular the public interest.
Complaints about certain advertisements
5
1
This regulation applies to any complaint made to the Health Ministers, other than a complaint which it is the duty of a complaints authority to consider under regulations 9(1) or 10(1), that an advertisement, whether or not it has yet been published, may be in breach of any provision of regulation 9 of the Advertising Regulations (prohibition of certain material in advertisements to the public) or any regulation in Part IV of the Advertising Regulations (advertising to health professionals).
2
Subject to paragraph (4), in relation to a complaint to which this regulation applies, where the Health Ministers and the complainant agree within a reasonable time that the provisions of this paragraph should apply, the Health Ministers shall select a body which appears to them to be a self–regulatory body which deals with complaints about advertisements of that type, shall refer the complaint to that body, and that body may consider the complaint.
3
Subject to paragraph (4), the Health Ministers shall consider any complaint to which this regulation applies–
a
in the absence of any agreement within a reasonable time in accordance with paragraph (2), or
b
if, where there is such agreement, the body selected by the Health Ministers in accordance with paragraph (2) has not within a reasonable time dealt with the complaint adequately.
4
Neither the Health Ministers nor the body selected by the Health Ministers in accordance with paragraph (2) shall proceed with the consideration of any complaint which appears to them or to it to be frivolous or vexatious.
Applications to the court by the Health Ministers
6
If, having considered in accordance with regulation 4(1) or 5(3) an advertisement about which a complaint has been made, or having considered an advertisement about which no complaint has been made, the Health Ministers consider that that advertisement is in breach of the Advertising Regulations, they may bring proceedings for an injunction (in which proceedings they may also apply for an interlocutory injunction) against any person appearing to them to be concerned or likely to be concerned with the publication of that advertisement.
Functions of the court
7
1
Before granting an injunction the court shall have regard to all the interests involved and in particular the public interest.
2
An injunction may relate not only to a particular advertisement but to any advertisement in similar terms or likely to convey a similar impression.
3
An injunction may prohibit the publication or further publication of an advertisement.
4
In considering an application for an injunction the court may, either on the application of any party to the proceedings or of its own motion, require any person appearing to the court to be responsible for the publication of the advertisement to which the application relates to furnish the court within such time as it allows with evidence as to the accuracy of any factual claim made in the advertisement; and in deciding whether or not to make such a requirement the court shall have regard to the legitimate interests of any person who would be the subject of or affected by the requirement.
5
If such evidence is not furnished to it in accordance with paragraph (4) or if it considers such evidence inadequate, the court may consider the factual claim inaccurate.
6
The court shall not refuse to grant an injunction for lack of evidence that–
a
the publication or anticipated publication of the advertisement in question has given rise to loss or damage to any person, or
b
the person responsible for the advertisement intended it to be in breach of the Advertising Regulations, or failed to exercise proper care to prevent its being in breach of those Regulations.
7
Where the court grants an injunction following an application under regulation 6, the court shall give reasons in detail for the granting of the injunction, and the Health Ministers shall communicate those reasons in writing to the person against whom the injunction has been granted, referring to any remedy available in the court and any time limit which must be met in order for any such remedy to be available.
Publication of decision and corrective statement
8
1
Where the court has granted an injunction (other than an interlocutory injunction) following an application under regulation 6, the Health Ministers may require any person against whom the injunction has been granted to publish within a specified time in such form as the Health Ministers consider adequate–
a
the decision, in full or in part, to grant the injunction, and
b
a corrective statement in relation to the advertisement in respect of which the injunction was granted.
2
If any person fails within the time specified in paragraph (1) to publish any statement which the Health Ministers may require under the provisions of that paragraph, the Health Ministers may certify that failure to the court.
3
Where a person’s failure is certified in accordance with paragraph (2), the court may enquire into the matter.
4
Where the court conducts an enquiry in accordance with paragraph (3) and is satisfied that a person has failed within the time specified in paragraph (1) to publish any statement which the Health Ministers may require under the provisions of that paragraph, it may, after–
a
hearing any witness produced against, or on behalf of, the person concerned, and
b
considering any statement offered in his defence,
deal with him in ant manner that would be available to it had he been in contempt of court.
Complaints to the Commission and Radio Authority about certain broadcast advertisements
9
1
The Commission or the Radio Authority, as the case may be, shall consider any complaint made to it that any advertisement included or proposed to be included in a licensed service may be in breach of any provision of regulation 9 of the Advertising Regulations, unless the complaint appears to it to be frivolous or vexatious.
2
In exercising the powers conferred on it by these Regulations the Commission or the Radio Authority, as the case may be, shall have regard to all the interests involved and in particular the public interest.
3
In this regulation, “licensed service” means–
a
in relation to a complaint made to the Commission, a service in respect of which the Commission has granted a licence under Parts I or II of the 1990 Act, and
b
in relation to a complaint made to the Radio Authority, a service in respect of which the Radio Authority has granted a licence under Part III of the 1990 Act.
Complaints to the Welsh Authority about certain broadcast advertisements
10
1
The Welsh Authority shall consider any complaint made to it that any advertisement broadcast or proposed to be broadcast on S4C may be in breach of any provision of regulation 9 of the Advertising Regulations, unless the complaint appears to it to be frivolous or vexatious.
2
In exercising the powers conferred on it by these Regulations the Welsh Authority shall have regard to all the interests involved and in particular the public interest.
3
In this regulation, “S4C” has the same meaning as in section 57(1) of the 1990 Act.
Control by a complaints authority of certain broadcast advertisements
11
1
If, having considered a complaint about an advertisement in accordance with regulation 9(1) or 10(1), a complaints authority considers that the advertisement in question is in breach of any provision of regulation 9 of the Advertising Regulations, a complaints authority may–
a
in the case of the Commission, give directions under subsection (6) of section 9 of the 1990 Act for the purpose of preventing the publication or further publication of that advertisement, whether or not those directions are also for the purpose of securing that the provisions of the code referred to in that subsection are complied with,
b
in the case of the Radio Authority, give directions under subsection (6) of section 93 of the 1990 Act for the purpose of preventing the publication or further publication of that advertisement, whether or not those directions are also for the purpose of securing that the provisions of the code referred to in that subsection are complied with,
c
in the case of the Welsh Authority, refuse the publication or further publication of that advertisement.
2
Directions referred to in paragraph (1)(a) or (b) may relate not only to a particular advertisement but to any advertisement in similar terms or likely to convey a similar impression.
3
A complaints authority shall not refuse to exercise its powers under paragraph (1) for lack of evidence that–
a
the publication or anticipated publication of the advertisement in question has given rise to loss or damage to any person, or
b
the person responsible for the advertisement intended it to be in breach of any provision of regulation 9 of the Advertising Regulations, or failed to exercise proper care to prevent its being in breach of any part of that regulation.
4
A complaints authority shall give reasons in detail for its decision under paragraph (1), and shall communicate those reasons in writing to the person against whom action has been taken under that paragraph, referring to any remedy available in the court and any time limit which must be met in order for any such remedy to be available.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th July 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lindsey National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th March 1994.
2
In this Order —
“the Authority” means the North Lincolnshire Health Authority;
“the Trust” means the West Lindsey 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 January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Exeter and North Devon Health Authority (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order —
“the Authority” means the Exeter and North Devon Health Authority;
“the Trust” means the Northern Devon Healthcare 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 8th December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Trust to the Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Citation and commencement
1
This Order may be cited as the Alternative Names in Welsh Order and shall come into force on 14th December 1994.
Provision of alternative names in Welsh
2
There shall be conferred on each of the bodies entered in the first column of the Schedule, being bodies each of whose name is conferred by an Act of Parliament, the corresponding alternative name in Welsh entered in the second column.
John Redwood
Secretary of State for Wales
4th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Durham County Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the North Durham Health Authority;
“the Trust” means the Durham County Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Title and extent
1
This Order may be cited as the Agricultural Marketing Act 1958 Part I (Certification of Cessation of Effect in Relation to Milk) Order 1994 and applies in Great Britain.
Certification of Cessation of Effect
2
It is hereby certified that Part I of the Agricultural Marketing Act 1958 (which deals with agricultural marketing schemes) ceased to have effect in relation to milk on 1st November 1994, being the day on which section 1(1) of the Agriculture Act 1993 came into force completely.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
16th November 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
15th November 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th November 1994


text:
Citation and commencement
1
These Regulations may be cited as the Electrical Equipment (Safety) Regulations 1994 and shall come into force on 9th January 1995.
Revocation, defence and consequential amendment
2
1
The Low Voltage Electrical Equipment (Safety) Regulations 1989 are hereby revoked provided that the said Regulations of 1989 shall continue to apply to electrical equipment to which these Regulations do not apply by virtue of paragraph (4) of regulation 4 below.
2
In Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 for paragraph 1 there shall be substituted —
1
Council Directive 73/23/ EEC on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits ( OJ No. L77, 26.3.1973, p.29) as amended by Article 13 of Council Directive 93/68/EEC (OJ No. L220, 30.8.1993, p.1.).
3
In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc Act 1974 or article 2(2) of the Health and Safety at Work (Northern Ireland) Order 1978 which impose requirements with respect to any matter it shall be a defence for that person to show that the requirements of these Regulations were satisfied in relation to that matter.
4
Where an improvement notice or a prohibition notice has been served on any person pursuant to section 21 or, as the case may be, section 22 of the Health and Safety at Work etc Act 1974 (or pursuant to article 23 or, as the case may be, article 24 of the Health and Safety at Work (Northern Ireland) Order 1978), if the person upon whom the notice was served appeals to an industrial tribunal pursuant to section 24 of the said Act (or article 26 of the said Order) and shows that the notice relates to any matter in respect of which the requirements of these Regulations are satisfied, the tribunal shall cancel the notice.
Interpretation
3
1
In these Regulations —
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“authorised representative” means a representative established within the Community appointed by a manufacturer of electrical equipment to act on his behalf in relation to these Regulations;
“the CE marking Directive ” means Council Directive No 93/68/EEC ;
“CE marking” means the CE conformity marking referred to in regulation 9 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;
“the Community” means the European Economic Community and other States in the European Economic Area;
“electrical equipment” means, unless the context otherwise requires, any electrical equipment to which these Regulations apply by virtue of regulation 4 below;
“ 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 ;
“end user” means the consumer which expression shall include an industrial and commercial consumer;
“harmonised standard” means a standard harmonised in accordance with Article 5 of the low voltage Directive ;
“international safety provision” means a safety provision of a standard which has been published by the International Commission on the Rules for the Approval of Electrical Equipment or the International Electrotechnical Commission and which has been published in the Official Journal of the Communities pursuant to Article 6 of the low voltage Directive;
“the low voltage Directive” means Council Directive No. 73/23/EEC on the harmonisation of the laws of member States relating to electrical equipment designed for use within certain voltage limits as amended by the CE marking Directive;
“member 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;
“national safety provision” means a safety provision which has the force of law in a member State of the Community or which is contained in a standard published and not withdrawn by a national standards body, not being a safety provision which is to the same effect as a safety provision of a harmonised standard or as an international safety provision;
“national standards body” means a body which has been notified under Article 11 of the low voltage Directive for the purposes of Article 5 of that Directive;
“safe” has the same meaning as in section 19(1) of the 1987 Act, except that, for the purpose of these Regulations, the references in that subsection to “risk” shall be construed as including references to any risk of —
death or injury to domestic animals; and
damage to property;
and as excluding any risk arising from the improper installation or maintenance of the electrical equipment in question or from the use of the equipment in applications for which it is not made;
“safety provision” means a provision made for the purpose of ensuring that the equipment in question is safe;
“supply” (except in reference to the electricity supply) includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly.
2
For the purposes of regulation 7(2) below a national safety provision is applicable to equipment in a particular member State if —
a
the provision has the force of law in that member State or the national standards body publishing it has its principal office there, and
b
the equipment was not manufactured in any other member State.
3
Any reference in these Regulations to an electric shock is a reference to an electric shock of such severity as to be liable to cause death or personal injury.
Application
4
1
Subject to paragraphs (2) and (3) below, these Regulations apply to any electrical equipment (including any electrical apparatus or device) designed or adapted for use with voltage (in the case of alternating current) of not less than 50 volts nor more than 1,000 volts or (in the case of direct current) of not less than 75 volts nor more than 1,500 volts.
2
These Regulations do not apply to the electrical equipment set out in Schedule 2 to these Regulations.
3
These Regulations do not apply to any electrical equipment supplied for export to a place which is not within any member State.
4
These Regulations do not apply to any electrical equipment which is placed on the market before 1st January 1997 and which complies with the provisions of the Low Voltage Electrical Equipment (Safety) Regulations 1989.
Requirement for electrical equipment to be safe etc.
5
1
Electrical equipment shall be —
a
safe;
b
constructed in accordance with principles generally accepted within the member States as constituting good engineering practice in relation to safety matters and in particular shall be designed and constructed to ensure that it is safe when connected to the electricity supply system by providing a level of protection against electric shock which relies on a combination of insulation and the protective earthing conductor contained within the electricity supply system or which achieves that level of protection by other means; and
c
in conformity with the principal elements of the safety objectives for electrical equipment set out in Schedule 3 to these Regulations.
2
In determining whether electrical equipment satisfies the requirements of paragraph (1) above, no regard shall be had to any liability of the equipment to cause radio-electrical interference.
3
In determining whether electrical equipment which —
a
has previously been supplied to any end user; or
b
is supplied solely by virtue of its being hired out whether in connection with the supply of other goods and services or otherwise provided that it satisfies the requirements of sub-paragraph (a) above
satisfies the requirements of paragraph 1 above, no regard shall be had to General Condition 1(b) of Schedule 3.
Harmonised standards
6
Electrical equipment which satisfies the safety provisions of harmonised standards shall be taken to comply with the requirements of regulation 5(1) above unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.
Conformity with other standards and requirements
7
1
Where there are no relevant harmonised standards, electrical equipment which satisfies international safety provisions shall be taken to comply with the requirements of regulation 5(1) above unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.
2
Where there are no relevant harmonised standards and no relevant international safety provisions, electrical equipment which has been manufactured in accordance with the national safety provisions applicable to that equipment in a member State and the compliance of the equipment with such provisions results in the equipment being at the time when the equipment is supplied in the United Kingdom at least as safe as it would be if it satisfied the requirements of regulation 5(1) above shall be taken to comply with the requirements of regulation 5(1) above unless there are reasonable grounds for suspecting that the electrical equipment does not so comply.
Reports on safety etc of electrical equipment
8
Where the conformity of any electrical equipment with the requirements of regulation 5(1) is called into question (whether in any proceedings or otherwise) any report prepared by a body notified in accordance with the procedure set out in Article 11 of the low voltage Directive for the purpose of Article 8.2 of that Directive may be relied upon for the purpose of establishing that the equipment does in fact satisfy those requirements and due regard shall be had to any such report by any person or court by whom the question of conformity falls to be determined.
CE marking
9
1
Subject to regulation 12, the manufacturer of electrical equipment or his authorised representative shall affix to all electrical equipment to which these Regulations apply (or to their packaging, instruction sheet or guarantee certificate) in a visible, easily legible and indelible form the CE marking as shown in Schedule 1 by way of confirmation that the electrical equipment conforms with all the requirements of these Regulations which relate to it.
2
No person shall affix to electrical equipment any markings liable to deceive third parties as to the meaning and form of the CE marking affixed in accordance with these Regulations or which reduces the visibility or legibility of the CE marking so affixed.
3
a
Where electrical equipment is subject to other legally binding Community provisions which also provide for the affixing of the CE marking, the latter shall, subject to (b) below be taken to indicate conformity with the requirements of such provisions.
b
Where a Community provision referred to in (a) above allows the manufacturer, during a transitional period, a choice of arrangements the CE marking shall indicate conformity only in respect of those requirements of the provision which are applied by the manufacturer and particulars of the provisions as published in the Official Journal of the European Communities must be given in the documents, notices or instructions which are required by the provisions and accompany the electrical equipment.
EC declaration of conformity
10
Subject to regulation 12, the manufacturer of electrical equipment or his authorised representative shall draw up in respect of all electrical equipment to which these Regulations apply a written declaration of conformity which shall comprise: —
a
the name and address of the manufacturer or his authorised representative;
b
a description of the electrical equipment;
c
a reference to the harmonised standards;
d
where appropriate, references to the specifications with which conformity is declared;
e
identification of the signatory who has been empowered to enter into commitments on behalf of the manufacturer or his authorised representative; and
f
the last two digits of the year in which the CE marking was affixed.
Internal Production Control
11
1
Subject to regulation 12 and to paragraphs (2) and (3) below, the manufacturer of electrical equipment shall compile the technical documentation listed in Schedule 4 and keep it for a period of at least ten years after manufacture of electrical equipment of that model has ceased, together with the EC declaration of conformity referred to in regulation 10 above, available for inspection by an enforcement authority (which for the purposes of this regulation shall include, where appropriate, the Health and Safety Executive and the Northern Ireland Department for Economic Development) or any of its officers.
2
Where the manufacturer of electrical equipment is not established in the Community, the technical documentation shall be kept in the manner provided for in paragraph (1) above by the manufacturer’s authorised representative.
3
Where the manufacturer of electrical equipment is established outside the Community and has no authorised representative established in the Community, the technical documentation shall be kept in the manner provided for in paragraph (1) above by the person who supplies the electrical equipment on the first occasion that it is supplied in the Community.
4
Every manufacturer of electrical equipment shall ensure that his manufacturing process produces electrical equipment which conforms to the technical documentation referred to in paragraph (1).
Secondhand and hired equipment
12
Regulations 9(1), 10 and 11 shall not apply in relation to electrical equipment which —
a
has previously been supplied to any end user; or
b
is supplied solely by virtue of its being hired out whether in connection with the supply of other goods and services or otherwise provided that it satisfies the provisions of sub-paragraph (a) above.
Compliance Notices
13
1
Except in the case of electrical equipment which in the opinion of the enforcement authority is likely to jeopardise the safety or health of any person, where an enforcement authority has reasonable grounds for suspecting that the affixing of the CE marking to electrical equipment to which these Regulations apply involves a contravention of these Regulations or any part of them, it may serve a notice (a “compliance notice”) on the manufacturer of that electrical equipment or his authorised representative established in the Community and in such a case sections 13, 14, 16 or 17 of the 1987 Act or sections 21 or 22 of the 1974 Act shall not be applied until such a notice has been so served and the person upon whom it has been served has failed to comply with its requirements.
2
Schedule 5 shall have effect in respect of a compliance notice.
Prohibition on supply
14
1
Subject to paragraph (2) below, no person shall supply any electrical equipment in respect of which the requirements of regulations 5(1) and 9(1) above are not satisfied.
2
For the purposes of this regulation a supply shall include the provision of electrical equipment by a manufacturer for use in his own premises and where a supply consists solely of such provision paragraph (1) above shall apply to the supply as if the words “and 9(1)” were omitted.
Duties of enforcement authorities
15
Every authority and council on whom a duty is imposed by virtue of section 27 of the 1987 Act —
a
shall have regard, in performing that duty, in so far as it relates to any provision of these Regulations, to matters specified in any direction issued by the Secretary of State with respect to that provision; and
b
shall give immediate notice to the Secretary of State of any suspension notice served by it or any application made by it for an order for forfeiture of any goods to which these Regulations apply or any other thing done in respect of any such goods for the purposes of or in connection with sections 14 to 17 of that Act.
Commencement of Proceedings
16
Subject to regulation 17(3), in England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Regulations to be treated as safety regulations within the meaning of the 1987 Act
17
1
Subject to paragraph (2) below, these Regulations shall be treated for all purposes as if they were safety regulations within the meaning of section 45(1) of the 1987 Act.
2
Where a contravention of regulation 14 above arises from the supply of electrical equipment which fails to satisfy the requirements of regulation 5(1) above or of goods which would cause the relevant equipment to contravene those requirements because there is in each case a risk of death or injury to domestic animals or damage to property, or both, but no risk of the death of a person or of personal injury, the person who contravenes regulation 14 shall be guilty of an offence punishable on summary conviction with imprisonment for not more than three months or with a fine not exceeding level five on the standard scale.
3
Without prejudice to the provisions of paragraphs (1) and (2) above and the provisions of Part IV of the 1987 Act, in so far as these Regulations apply in relation to such electrical equipment as is mentioned in paragraph (4) below —
a
the Health and Safety Executive (“ the Executive ”) (or, for Northern Ireland, the Department for Economic Development (“ the Department ”)) may make arrangements for the enforcement of these Regulations, and
b
the provisions of the Health and Safety at Work etc Act 1974 (“the 1974 Act”) (or the Health and Safety at Work (Northern Ireland) Order 1978 (“the 1978 Order ”)) mentioned in paragraph (5) below shall apply as if —
i
these Regulations were health and safety regulations and, accordingly, relevant statutory provisions within the meaning of the 1974 Act (or the 1978 Order),
ii
any reference therein to an enforcing authority were a reference to the Executive (or the Department),
iii
any reference therein to any provision of the 1974 Act (or the 1978 Order) were a reference to that provision as, and so far as, it is applied by this paragraph,
and section 34(3) of the 1974 Act and article 32(3) of the 1978 Order shall have effect with the substitution for the words “six months” of the words “twelve months”.
4
The electrical equipment referred to in paragraph (3) above is —
a
electrical equipment designed for use or operation, whether exclusively or not, by persons at work; and
b
electrical equipment designed for use, otherwise than at work, in non-domestic premises made available to persons at a place where they may use the equipment provided for their use there.
5
The provisions referred to in paragraph (3) above are sections 18(6) and (7)(b), sections 19 to 26 (save for subsections (3), (4) and (6) of section 23), subsections (1)(e) to (h) and (o), (2), (2A), (3) (save for the words “Subject to any provision made by virtue of section 15(6)(d) or (e) or by virtue of paragraph 2(2) of Schedule 3”) and (4)(e) of section 33, section 34(3), (4) and (5), sections 35 to 39 (save for subsection (3) of section 36) and section 42 of the 1974 Act and articles 2(3), 21 to 28, paragraphs (1)(e) to (1), (2), (4), (5)(d) and (e) and (6) of article 31, paragraphs (3) and (4) of article 32 and articles 33 to 36 of the Order.
6
The Executive or the Department shall, where action has been taken by it to prohibit or restrict the supply of any electrical equipment which bears the CE marking, forthwith inform the Secretary of State of the action taken, and the reason for it.
Requirement to give information about electrical equipment which does not bear the CE marking
18
A person who supplies electrical equipment which does not bear the CE marking laid down in regulation 9(1) shall, on his being required at a reasonable time to give such information, to an enforcement authority, the Executive or the Department, or to any of its officers, all the information which he has about —
a
the date when the electrical equipment was first supplied in the Community; and
b
the basis on which the electrical equipment does not bear the CE marking and information
Ferrers
Minister of State for Small Firms and Consumer Affairs,
Department of Trade and Industry
15th December 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Competition) (Defined Activities) (Construction and Property Services) Order 1994 and shall come into force on the day after the day on which it is made.
Defined Activities
2
1
In section 2(2) of the Local Government Act 1988 (“ the Act ”) after paragraph (j) there shall be inserted the following paragraph–
k
construction and property services;
2
In Schedule 1 to the Act the following paragraph shall be inserted at the end–
Construction and property services
12
1
The provision of construction and property services in connection with the development, maintenance or management of relevant land falls within section 2(2)(k) above.
2
For the purposes of sub-paragraph (1) above, “construction and property services” means services in any of the following fields, namely–
a
architecture (including landscape architecture);
b
engineering;
c
valuation;
d
property management; and
e
surveying (including quantity and building surveying), being services which fall within sub-paragraph (3) below and are not excluded by sub-paragraph (4) below.
3
Services fall within this sub-paragraph if they consist of or are provided for the purposes of, or in connection with, any of the following, namely–
a
the giving of advice to any of the following–
i
a defined authority or its elected members;
ii
any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and
iii
any officer or department of a defined authority;
b
the giving of advice to any other person in relation to the discharge of any functions of a defined authority;
c
the establishment and management of capital and revenue programmes for the development and maintenance of relevant land;
d
the design and planning of development projects and maintenance work, including feasibility studies, investigatory work and the preparation of plans, costings and reports;
e
the management of such projects and such work, including finance and contract management;
f
the management of relevant land, excluding the management of local authority housing (as defined in paragraph 9 above); and
g
the procuring, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (f) above and are provided for a defined authority by any person.
4
The following services are excluded by this sub-paragraph–
a
any services provided in pursuance of section 6 of the Highways Act 1980 (delegation etc of functions with respect to trunk roads) or in pursuance of section 4 of the Roads (Scotland) Act 1984 (agreements between authorities); and
b
any services provided for the purposes of, or in conection with, sewerage functions carried out on behalf of sewerage undertakers in pursuance of arrangements entered into for the purposes of section 97 of the Water Industry Act 1991 .
5
The following are “relevant land” for the purposes of this paragraph–
a
land which is occupied by a defined authority;
b
land in which such an authority has or is seeking to acquire an interest;
c
land for the maintenance or management of which such an authority assumes responsibility by agreement;
d
highways for which such an authority is the highway authority and which are maintainable at the public expense; and
e
public roads within the meaning of the Roads (Scotland) Act 1984 in relation to which such an authority is the local roads authority.
Supplementary provisions
3
1
For the purpose of interpreting paragraph (k) (as inserted by Article 2(1) above) of subsection (2) of section 2 of the Act, that section shall have effect as if for subsection (6) there were substituted the following subsection–
6
Work which is carried out by a defined authority through an employee and which would (apart from this subsection) fall within a defined activity shall not do so if the total amount of such work performed by that employee occupies less than 50 per cent of his working time.
2
For the purpose of determining whether any work falling within section 2(2)(k) of the Act is functional work, subsection (4) of section 3 of the Act (other definitions) shall have effect as if the words from “and”, in the first place where it occurs, to the end were omitted.
3
In relation to any work falling within section 2(2)(k) of the Act, paragraph (a) of subsection (4) of section 7 of the Act (the conditions) shall have effect as if the words from “and” to the end were omitted.
Works contracts: transitional provision
4
Sections 4 and 5 of the Act shall have effect in respect of works contracts for work falling within paragraph (k) of section 2(2) of the Act as if for the date 1st April 1989, wherever occurring in those sections, there were substituted the date specified in the following Table in relation to the area in which the work is to be carried out:
Area Date
England 1st April 1996 Scotland 1st October 1997 Wales 1st April 1998
Signed by the authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
8th November 1994
John Redwood
Secretary of State for Wales
10th November 1994
Allan Stewart
Parliamentary Under-Secretary of State, Scottish Office
10th November 1994


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment (No. 2) Scheme 1994 and shall come into force on 3rd October 1994.
2
In this Scheme, the expression “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 .
Amendment of article 27 of the principal Scheme
2
In article 27 of the principal Scheme (pensions to widows), after paragraph (2) there shall be added the following paragraph —
3
at the supplementary rate specified in paragraph 1(c) of the said Schedule in both the cases specified in paragraphs (1) and (2) of this article.
.
Amendment of Schedule 4 to the principal Scheme
3
After paragraph 1(b) of Schedule 4 to the principal Scheme (rates of pension and allowance payable in respect of death:widows) there shall be added the following paragraph —
c
under article 27(3) £48.70 per week
.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
19th July 1994
We approve,
T. J. R. Wood
K. Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
29th July 1994


text:
Citation and commencement
1
1
This Order may be cited as the Shetland Islands Council (Laxa Burn, Mid Yell) (Amendment) Water Order 1994 and shall come into force on 1st November 1994.
2
This Order and the Zetland County Council (Laxa Burn, Mid Yell, Yell) Water Order 1965 (hereinafter referred to as “the principal Order”) may be cited together as the Shetland Islands Council (Laxa Burn, Mid Yell) Water Orders 1965 and 1994.
Amendment of the principal Order
2
In articles 4(b) and 5(2)(b) of the principal Order for the expression “60,000 gallons” there shall be substituted the expression “350 cubic metres (77,000 gallons)”.
Miscellaneous
3
The Shetland Islands Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
T.D. Macdonald
Deputy Chief Engineer, The Scottish Office
The Scottish Office Environment Department 27 Perth Street,
Edinburgh
25th October 1994


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Medicines (Advertising) Regulations 1994 and shall come into force on 9th August 1994.
Interpretation
2
1
In these Regulations —
“the Act” means the Medicines Act 1968;
“abbreviated advertisement” means an advertisement, other than a loose insert, which does not exceed in size an area of 420 square centimetres, in a publication sent or delivered wholly or mainly to persons qualified to prescribe or supply relevant medicinal products;
“common name” in relation to a relevant medicinal product means the international non-proprietary name, or, if one does not exist, the usual common name;
“essential information compatible with the summary of product characteristics” means essential information compatible —
with the summary of product characteristics, if there is one, or
if there is no summary of product characteristics, with the data sheet,
and “essential information” has the meaning it bears in Council Directive 92/28/ EEC ;
“medicinal product for supply by prescription only” means a medicinal product of a description or falling within a class specified in any order made under section 58 of the Act ;
“medicinal product on a general sale list” means a medicinal product of a description or falling within a class specified in any order made under section 51(1) of the Act;
“name” in relation to a relevant medicinal product means the name given to the product which may be either an invented name or a common or scientific name, together with a trade mark or the name of the person responsible for marketing the product;
“pharmacy medicinal product” means a medicinal product which is neither a medicinal product for supply by prescription only nor a medicinal product on a general sale list;
“promotional aid” means a non-monetary gift made for a promotional purpose by a commercially interested party;
“reference material” includes entries which are in the form of, and limited to, a brief description of a medicinal product, its uses and any relevant contra-indications and warnings, appearing without charge in a publication consisting wholly or mainly of such entries where the publication is sent or delivered to persons qualified to prescribe or supply relevant medicinal products by a person who is not a commercially interested party;
“registered homoeopathic medicinal product” means a homoeopathic medicinal product to which Council Directive 92/73/EEC applies which is marketed in the United Kingdom under a certificate of registration in accordance with the provisions of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ;
“relevant medicinal product” means —
a medicinal product for human use to which Chapters II to V of the 1965 Directive apply,
a substance or article for human use —
to which Chapters II to V of the 1965 Directive apply, and
specified in an order made under section 104 or 105 of the Act or in regulations made under section 2(2) of the European Communities Act 1972, which direct that Part VI or any section of that Part of the Act has effect in relation to such substance or article as that Part or section has effect in relation to medicinal products within the meaning of the Act, or
a registered homoeopathic medicinal product,
but does not include a homoeopathic medicinal product in respect of which there is in force a product licence being a licence of right;
“summary of product characteristics” means the information required to accompany any application for a product licence by virtue of article 4a of the 1965 Directive which was inserted by article 1(2) of Council Directive 83/570/EEC and amended by article 1(1) and (4) of Council Directive 89/341/EEC ;
and expressions used in these Regulations which are used in any provision of the Act have, subject to paragraph (2) and unless the context requires otherwise, the meaning which they bear in the Act.
2
For the purposes of these Regulations, “advertisement” has the meaning assigned to it by section 92 of the Act, except that, in relation to a relevant medicinal product —
a
provided that it makes no product claim, reference material, a factual, informative statement or announcement, a trade catalogue or a price list shall not be taken to be an advertisement, and
b
an advertisement includes a representation,
and for the purposes of this paragraph, “representation” has the meaning assigned to it by section 92 of the Act, except that it does not include the making of a factual, informative statement or announcement which includes no product claim.
3
In these Regulations, unless the context requires otherwise, a reference to a regulation, Part or Schedule is to that regulation in, Part of or Schedule to, these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph of that regulation or Schedule bearing that number.
PART II
Advertising — General
Prohibition of advertisements for unlicensed products
3
1
Subject to paragraph (2), no person shall issue an advertisement relating to a relevant medicinal product in respect of which no product licence is in force.
2
This regulation shall not apply to any advertisement relating to a registered homoeopathic medicinal product.
Duties of licence holders
4
Any person who holds a product licence relating to a relevant medicinal product shall —
a
establish a scientific service to compile and collate all information, whether received from medical sales representatives employed by him or from any other source, relating to that product;
b
ensure that, in relation to any such product which medical sales representatives promote, those medical sales representatives are given adequate training and have sufficient scientific knowledge to enable them to provide information which is as precise and as complete as possible about that product;
c
whenever required to do so by the licensing authority, furnish particulars of any advertisement or proposed advertisement for which he is responsible relating to that product, including particulars as to the contents and form of the advertisement, the method of dissemination and the date of first dissemination; and
d
ensure that, in relation to an advertisement relating to that product, any decision taken by the licensing authority is immediately and fully complied with.
PART III
Advertising to the Public
Scope of Part III
5
This Part, with the exception of regulation 12 (prohibition of supply of medicinal products to the public), applies only to advertisements wholly or mainly directed at members of the general public, and accordingly references in this Part to advertisements are to advertisements to which this Part applies.
Prohibition of advertisements referring to specified diseases
6
1
Subject to paragraph (2)
and to regulation 11, no person shall issue an advertisement which is likely to lead to the use of a relevant medicinal product for the purpose of the treatment, prevention or diagnosis of any disease specified in, or any disease falling within a class of disease specified in, Schedule 1.
2
Paragraph (1) shall not be taken to prohibit a person from issuing an advertisement which is likely to lead to the use of a relevant medicinal product for the purpose of the prevention of neural tube defects.
3
No person shall issue an advertisement which is likely to lead to the use of a relevant medicinal product or any other medicinal product, substance or article for the purpose of inducing an abortion in women.
Prohibition of advertisements for medicinal products on prescription only
7
Subject to regulation 11, no person shall issue an advertisement which is likely to lead to the use of a relevant medicinal product which is a medicinal product for supply by prescription only and which is subject to any of the restrictions imposed by section 58(2) of the Act.
Prohibition of advertisements relating to certain medicinal products
8
Subject to regulation 11, no person shall issue an advertisement relating to any relevant medicinal product which —
a
contains a substance which is listed in any of Schedules I, II or IV to the Narcotic Drugs Convention (where the product is not a preparation listed in Schedule III to that Convention); or
b
contains a substance which is listed in any of Schedules I to IV of the Psychotropic Substances Convention (where the product is not a preparation which may be exempted from measures of control in accordance with paragraphs 2 and 3 of article 3 of that Convention).
Prohibition of certain material in advertisements
9
1
Subject to regulation 11, no person shall issue an advertisement relating to any relevant medicinal product which contains any material which —
a
gives the impression that a medical consultation or surgical operation is unnecessary, in particular by offering a diagnosis or by suggesting treatment by post, FAX or telephone,
b
suggests that the effects of taking the medicinal product are guaranteed, are unaccompanied by side effects or are better than, or equivalent to, those of another identifiable treatment or medicinal product,
c
suggests that health can be enhanced by taking the medicinal product,
d
suggests that health could be affected by not taking the medicinal product,
e
is directed exclusively or principally at children,
f
refers to a recommendation by scientists, health professionals or persons who are neither of the foregoing but who, because of their celebrity, could encourage the consumption of medicinal products,
g
suggests that the medicinal product is a foodstuff, cosmetic or other consumer product,
h
suggests that the safety or efficacy of the medicinal product is due to the fact that it is natural,
i
might, by a description or detailed representation of a case history, lead to erroneous self-diagnosis,
j
refers, in improper, alarming or misleading terms, to claims of recovery,
k
uses, in improper, alarming or misleading terms, pictorial representations of changes in the human body caused by disease or injury, or of the action of a medicinal product on the human body or parts thereof, or
l
mentions that the medicinal product has been granted a product licence.
2
In this regulation, “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals.
Form and content of advertisements
10
1
Subject to paragraph (2), no person shal issue an advertisement relating to a relevant medicinal product unless that advertisement —
a
is set out in such a way that it is clear that the message is an advertisement and so that the product is clearly identified as a medicinal product, and
b
subject to regulation 22(2), includes the following —
i
the name of the medicinal product,
ii
if it contains only one active ingredient, the common name of the medicinal product,
iii
the information necessary for correct use of the medicinal product, and
iv
an express and legible invitation to read carefully the instructions on the leaflet contained within the package or on the label, as the case may be.
2
This regulation shall not apply to an advertisement relating to a relevant medicinal product which is on a promotional aid if —
a
the advertisement consists solely of the name of the product (or, in the case of a registered homoeopathic medicinal product, the scientific name of the stock or stocks), and
b
the advertisement is intended solely as a reminder.
Exception for approved vaccination campaigns
11
The provisions of regulations 6(1), 7, 8 and 9(1)(d) shall not apply to any advertisement as part of a vaccination campaign relating to a relevant medicinal product which is a vaccine or serum, provided that such campaign has been approved by the Health Ministers.
Prohibition of supply of medicinal products to the public
12
No person —
a
being the holder of a product licence; or
b
in the course of a business carried on by him and consisting (wholly or partly) of manufacturing medicinal products or of selling medicinal products by way of wholesale dealing,
shall sell or supply for a promotional purpose any unsolicited relevant medicinal product to any member of the general public.
PART IV
Advertising etc. to Health Professionals
Scope of Part IV
13
1
Subject to paragraph (2), this Part, with the exception of regulations 19, 20 and 21, applies only to advertisements wholly or mainly directed at persons qualified to prescribe or supply relevant medicinal products, and accordingly references in this Part to advertisements are to advertisements to which this Part applies.
2
Nothing in this Part has any effect in relation to veterinary surgeons or veterinary practitioners.
Advertisements to health professionals
14
1
Subject to paragraph (2)
and to regulations 17 and 22(2), no person shall issue an advertisement relating to a relevant medicinal product unless such advertisement —
a
contains essential information compatible with the summary of product characteristics,
b
contains the particulars set out in paragraphs 1 to 9 of Schedule 2, and
c
is in accordance with paragraph 10 of Schedule 2.
2
This regulation shall not apply to an advertisement to which regulation 15 or 16 applies.
Audio-visual advertisements
15
1
Subject to regulations 17 and 22(2), no person shall issue in a programme service or video recording any advertisement relating to a relevant medicinal product which includes or shows any words, unless that advertisement —
a
contains essential information compatible with the summary of product characteristics, and
b
refers to the particulars contained in paragraphs 1 to 8 of Schedule 2.
2
For the purposes of this regulation the particulars contained in Schedule 2 may (where appropriate) be supplied by way of written material made available to all persons to whom the advertisement is shown or sent as an alternative to being referred to in the advertisement.
3
In this regulation, “programme service” has the meaning assigned to it in section201 of the Broadcasting Act 1990 .
Abbreviated advertisements
16
Subject to regulations 17 and 22(2), no person shall issue an abbreviated advertisement relating to a relevant medicinal product unless such advertisement —
a
contains essential information compatible with the summary of product characteristics;
b
contains the particulars set out in Schedule 3,
and any warning which the licensing authority has required in exercise of powers under Part II of the Act to be included in any advertisement relating to that medicinal product has been included.
Exception for promotional aids
17
The prohibitions and requirements imposed by regulations 14, 15 and 16 shall not apply to an advertisement relating to a relevant medicinal product which is on a promotional aid if —
a
the advertisement consists solely of the name of the product (or, in the case of a registered homoeopathicmedicinal product, the scientific name of the stock or stocks); and
b
the advertisement is intended solely as a reminder.
Written material accompanying promotions
18
1
No person shall send or deliver to persons qualified to prescribe or supply relevant medicinal products as part of the promotion of a relevant medicinal product any written material relating to that product unless it —
a
includes essential information compatible with the summary of product characteristics,
b
contains the particulars specified in paragraph 3 of Schedule 2, and
c
states the date on which it was drawn up or last revised.
2
No person shall include any information in written material to which paragraph (1) applies which is not accurate, up-to-date, verifiable or sufficiently complete to enable the recipient to form his own opinion of the therapeutic value of the product to which the documentation relates.
3
No person shall include in written material to which paragraph (1)
applies any quotation, table or other illustrative matter taken from a medical journal or other scientific work unless it is accurately reproduced and the precise sources of the information indicated.
Free samples
19
1
This regulation applies only to the supply of a free sample of a relevant medicinal product to a person who receives it for the purpose of acquiring experience in dealing with such a product.
2
A person may supply a sample to which this regulation applies only —
a
to a person qualified to prescribe relevant medicinal products,
b
if the sample is of a medicinal product which does not contain —
i
a substance which is listed in any of Schedules I, II or IV to the Narcotic Drugs Convention (where the product is not a preparation listed in ScheduleIII to that Convention), or
ii
a substance which is listed in any of Schedules I to IV of the Psychotropic Substances Convention (where the product is not a preparation which may be exempted from measures of control in accordance with paragraphs 2 and 3 of article 3 of that Convention),
and
c
in accordance with Schedule 4.
Medical sales representatives
20
1
This regulation applies only to the activities of medical sales representatives who promote relevant medicinal products to persons qualified to prescribe such products.
2
In relation to any relevant medicinal product which they promote, all medical sales representatives shall, during each visit, give to all persons whom they visit or have available for them a copy of the summary of product characteristics (or, if there is no summary of product characteristics, a copy of the data sheet) for each such product.
3
In relation to the use of any relevant medicinal product which they promote, all medical sales representatives shall forthwith report all information which they receive from persons whom they visit, including reports of any adverse reactions, to the scientific service established in accordance with regulation 4(a).
Inducements and hospitality
21
1
Subject to paragraphs (2)
and (4), where relevant medicinal products are being promoted to persons qualified to prescribe or supply relevant medicinal products, no person shall supply, offer or promise to such persons any gift, pecuniary advantage or benefit in kind, unless it is inexpensive and relevant to the practice of medicine or pharmacy.
2
The provisions of paragraph (1)
shall not prevent any person offering hospitality (including the payment of travelling or accommodation expenses) at events for purely professional or scientific purposes to persons qualified to prescribe or supply relevant medicinal products, provided that —
a
such hospitality is reasonable in level,
b
it is subordinate to the main scientific objective of the meeting and
c
it is offered only to health professionals.
3
Subject to paragraph (4), no person shall offer hospitality (including the payment of travelling or accommodation expenses) at a meeting or event held for the promotion of relevant medicinal products unless —
a
such hospitality is reasonable in level,
b
it is subordinate to the main purpose of the meeting or event, and
c
the person to whom it is offered is a health professional.
4
Nothing in this regulation shall affect measures or trade practices relating to prices, margins or discounts which were in existence on 1st January 1993.
5
No person qualified to prescribe or supply relevant medicinal products shall solicit or accept any gift, pecuniary advantage, benefit in kind, hospitality or sponsorship prohibited by this regulation.
PART V
Registered Homoeopathic Medicinal Products
Advertisements for registered homoeopathic medicinal products
22
1
No person shall issue an advertisement relating to a registered homoeopathic medicinal product which —
a
contains any details which are not specified in Schedule 5; or
b
mentions any specific therapeutic indications.
2
Nothing in regulations 10(1)(b), 14(1), 15(1)
or 16 shall be construed as requiring in an advertisement relating to a registered homoeopathic medicinal product the inclusion of any detail which is not specified in Schedule 5.
PART VI
Offences
Offences
23
1
Any person who contravenes regulations 3(1), 4, 6(1)
or (3), 7, 8, 10(1), 14(1), 15(1), 16, 18(1), (2) or (3), 20(2) or (3), 21(1) or (3), or 22(1)(a)shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum,
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
2
Any person who contravenes regulation 19 or 21(5)
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART VII
Revocations, Amendments and Transitional Provision
Revocations and amendments
24
1
The Medicines (Advertising to Medical and Dental Practitioners)
Regulations 1978 are revoked.
2
Paragraph (2)
of regulation 2 of the Medicines (Advertising of Medicinal Products) ( No. 2) Regulations 1975 is revoked.
3
After regulation 1 of the Medicines (Labelling and Advertising to the Public) Regulations 1978 there is inserted —
Application of these regulations
1A
These regulations do not apply to any advertisement or representation relating to a relevant medicinal product as defined by regulation 2(1) of the Medicines (Advertising) Regulations 1994 .
.
Transitional provision
25
The provisions of Parts III and IV shall not have effect in relation to any advertisement relating to a relevant medicinal product in respect of which advertisement a contract has been made before the coming into force of these Regulations under the terms of which that advertisement may not be cancelled or altered without a financial penalty being payable.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th July 1994
John Redwood
Secretary of State for Wales
11th July 1994
Fraser of Carmyllie
The Scottish Office
15th July 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th July 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 18th July 1994.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 18th July 1994.
J. Murray
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Canterbury and Thanet Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th March 1994.
2
In this Order —
“the Authority” means the Canterbury and Thanet Health Authority;
“the Trust” means the Canterbury and Thanet Community Healthcare 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 28th September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th March 1994


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) (Amendment) Order 1994 and shall come into force on 8th August 1994.
Amendment
2
1
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1993 is amended as follows.
2
In article 1(2), after “achievements” there are inserted the words “in the core subjects” and the words from “in relation to” to the end of the paragraph are omitted.
3
In article 1(3) after “schools” there are inserted the words “and grant-maintained special schools (other than those established in hospitals) ”.
4
In article 4(1) for the word “four” there is substituted the word “two”.
5
In article 4(2) and (3), after “and”, there are inserted in each case the words “subject to article 8(3)”.
6
In article 5(2) after “tasks” there are inserted the words “for which provision is”.
7
In article 5(4) for “and” there is substituted “or” and, at the end, there are added the words “or, if that document so requires, both such statements”.
8
In article 6 there are omitted —
a
in paragraph (1), the words “teacher and”;
b
in paragraph (3), the words “teacher assessments and”;
c
in paragraph (4), the words “the records and other evidence of a pupil’s achievements relied on by a teacher in making a teacher assessment”;
d
in paragraph (5), after the words “determined by”, the words “teacher and”;
e
in paragraphs (7) and (8)(b), the words “teacher or”; and
f
in paragraph (9), the words from “and each such authority” to the end of the paragraph.
9
After article 6 there is inserted the following article —
Further Assessment: English and mathematics
6A
1
Where in the opinion of his head teacher a pupil’s level of attainment in English or mathematics would, if the pupil were assessed by the administration to him of the NC tests for that subject laid down for the purposes of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1994 , be level 4 or higher, it shall be the duty of the head teacher to make arrangements for the pupil to be assessed in that subject by the administration to him of those tests at such time as is specified by the Secretary of State pursuant to article 9; and article 4(3) of that Order shall apply in relation to that pupil accordingly.
2
In this article “NC tests” has the meaning assigned to that expression by article 2(1) of that Order.
.
10
After article 8 there is inserted the following article —
Evaluation of Assessment Arrangements
8A
The assessment authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 8 and their implementation achieve the purpose mentioned in article 1(2).
.
11
In article 9 after “Order” there are inserted the words “(other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988)”.
Eric Forth
Minister of State,
Department for Education
4th August 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Greater Manchester Buses Limited) Regulations 1994 and shall come into force on 29th March 1994, but regulation 2 shall have effect as from 13th December 1993.
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the Bus Company ” means Greater Manchester Buses Limited;
“ the Executive ” means the Greater Manchester Passenger Transport Executive;
“the North Company ” means Greater Manchester Buses North Limited;
“the principal Regulations ” means the Local Government Superannuation Regulations 1986 ;
“the South Company ” means Greater Manchester Buses South Limited.
3
In these Regulations, unless the context otherwise requires, any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Pensions increase
2
1
In its application to a pension (within the meaning of the 1971 Act) which has become payable to or in respect of a person in relation to service ending with service with the Bus Company, Schedule 3 to the 1971 Act and regualtion P14 of the principal Regualtions shall have effect as if any reference to the last employing authority were a reference to the Executive.
2
In its application to a pension (within the meaning of the 1971 Act) which has become payable to or in respect of a person in relation to service ending with service with either the North Company or the South Company, Schedule 3 to the 1971 Act and regulation P14 of the principal Regulations shall have effect as if any reference to the last employing authority were a reference to either the North Company or the South Company, as the case may be.
3
Regulation 4 of the Pensions Increase (Local Authorities' etc Pensions) Regulations 1974 shall cease to have effect in the case of a pension which is payable in respect of service ending with service which was with the Bus Company, the North Company or the South Company.
Liability of Greater Manchester Passenger Transport Executive
3
The Executive shall pay to the fund administered under the principal Regulations by Tameside Borough Council such amounts as shall at any time be required to meet the liabilities created by the principal Regulations or by or under the 1971 Act in respect of persons whose service ends with service with the Bus Company.
Preservation of membership of scheme
4
Nothwithstanding regulation 2(3) of the Local Government Superannuation (Membership) Regulations 1993 the admission agreement which Tameside Borough Council has entered into under regulation B3 of the principal Regulations with the South Company on 10th December 1993 shall continue to be treated for the purposes of the principal Regulations as an admission agreement for those employees who are admitted employees by virtue thereof immediately before the coming into force of these Regulations.
Termination of membership of scheme
5
Notwithstanding anything to the contrary in the admission agreement referred to in regulation 4 above, that agreement shall not be terminated by the South Company except by the majority of admitted employees for the time being of that company, voting by ballot in favour of such termination not later than 3 months before that termination.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
25th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Medical Evidence) Amendment Regulations 1994 and shall come into force on 13th April 1995.
2
In these Regulations “the principal Regulations ” means the Social Security (Medical Evidence) Regulations 1976 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) there shall be inserted after the definition of “the Act” —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the all work test” means the test provided for in section 171C of the Contributions and Benefits Act;
.
3
In regulation 2 (evidence of incapacity for work and confinement) —
a
in paragraph (1) —
i
there shall be substituted for the words “where a person claims” up to and including “those days either” — “where a person claims he is entitled to any benefit, allowance or advantage (other than industrial injuries benefit or statutory sick pay), and his entitlement to that benefit, allowance or advantage depends on his being incapable of work, then in respect of each day until he has been assessed for the purposes of the all work test, he shall provide evidence of such incapacity”; and
ii
there shall be substituted for sub-paragraph (c) —
c
where the all work test applies and the Secretary of State so requests, a statement in writing given by a doctor in accordance with the rules set out in Part I of Schedule 1B to these Regulations on the form set out in Part II of that Schedule; or
d
where it would be unreasonable to require a person to provide a statement from a doctor, such other evidence as may be sufficient to show that he should refrain from work by reason of some specific disease or bodily or mental disablement.
; and
b
in paragraph (2) there shall be inserted after “applies” —
who has not been assessed for the purposes of the all work test
.
4
In regulation 5 (self-certificate for first 7 days of a spell of incapacity for work) —
a
in paragraph (1) there shall be substituted for the words from the beginning of that paragraph up to and including “right to benefit” —
The evidence of incapacity required for the purposes of determining entitlement to a benefit, allowance or advantage referred to in regulation 2(1)
; and
b
in paragraph (2) there shall be substituted for the definition of “spell of incapacity” —
“spell of incapacity” has the meaning given to it by section 171B(3) of the Contributions and Benefits Act.
.
Insertion of Schedule 1B into the principal Regulations
3
The Schedule to these Regulations shall be Schedule 1B to the principal Regulations.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
23rd November 1994


text:
1
These Rules may be cited as the Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994 and shall come into force on 24th March 1994.
2
In these Rules —
“ the Act ” means the Copyright, Designs and Patents Act 1988;
“patent agent” means a person whose name is entered in the register kept pursuant to rules made under section 275 of the Act ;
3
For the purposes of section 276(2) and (3) of the Act (persons entitled to describe themselves as patent agents or patent attorneys) the conditions to be satisfied, in the case of a partnership where not all the partners are patent agents or in the case of a body corporate where not all the directors are patent agents, are —
a
that each partner or, as the case may be, director shall be a person whose name is entered in at least one of the registers kept pursuant to rules made under sections 275 and 282 of the Act ;
b
that at least one-quarter of the partners or, as the case may be, the directors shall be patent agents; and
c
where the names of any of the partners or, as the case may be, of any of the directors appear on any professional advertisement, circular or letter issued by or with the consent of the partnership or body corporate and which relates to it or its business, that each partner and director so named who is a patent agent is clearly identified as such.
Patrick McLoughlin
Parliamentary Under-Secretary of State
Department of Trade and Industry
17th February 1994


text:
1
This Order may be cited as the Air Passenger Duty (Prescribed Rates of Interest) Order 1994 and shall come into force on 1st November 1994.
2
For the purposes of Schedule 6 to the Finance Act 1994 the prescribed rates shall be —
a
in the case of paragraph 7 (interest payable to the Commissioners of Customs and Excise), 5.5 per cent. per annum; and
b
in the case of paragraph 9 (interest payable by the Commissioners of Customs and Excise), 8 per cent. per annum.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1994


text:
1
This Order may be cited as the European Parliamentary Elections Act 1993 (Commencement) Order 1994.
2
Section 1 of the European Parliamentary Elections Act 1993 shall come into force for all purposes on 1st May 1994.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
15th April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Kent Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th July 1994.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Mid Kent Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Maidstone Health Authority and the Trust on 22nd March 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 13th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994