text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1994, and shallcome into force on 15th July 1994.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EEC ) No. 3676/93 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1994 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order as read with any qualifying words relating to that provision in that column.
2
In this Order any reference to a document includes, in addition to a document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or oter device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
3
Where there is, in respect of —
a
any fishing boat registered in the United Kingdom wherever it may be; or
b
any other fishing boat which is within British fishery limits,
a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted;and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1)
and 78 of the Magistrates Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2)
and 154 of the Magistrates Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order a British sea-fishery officer may exercise in relation to —
a
any British fishing boat wherever it may be; or
b
any other fishing boat which is within British fishery limits, the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 3 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proeedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of his examination of it;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under article 3 of this Order, may search the premiss for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document.
Powers of British sea-fishery officers to seize fish and fishing gear
8
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order hasbeen committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
9
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under thepowers conferred on him by articles 6 to 8 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 8 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Protection of officers
10
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate, partnerships and unincorporated associations
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Proceedings
12
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of documents
13
Any document required to be kept or held on board pursuant to Council Regulation (EEC) No. 2487/93 establishing a control system applicable to the common fisheries policy shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sfficient evidence of the matters stated therein.
Revocation and saving
14
The Sea Fishing (Enforcement of Community Quota Measures) Order 1993 is hereby revoked, but without prejudice to the application of articles 6 to 8 of that Order in relation to the enforcement of article 3 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
17th June 1994.
Hector Monro
Parliamentary Under Secretary of State,
Scottish Offic
20th June 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th June 1994
Patrick Mayhew
Secretary of State for Northern Ireland
24th June 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A550 and A5117 Trunk Roads (Improvement between Deeside Park and Ledsham) and Connecting Roads Order 1994 and shall come into force on 30th September 1994.
2
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the main new roads” means the new highways which the Secretaries of State propose to construct along the routes described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new roads and the connecting roads;
iii
“the plan” means the plan numbered HA10/1/CNW 336 marked “The A550 and A5117 Trunk Roads (Improvement between Deeside Park and Ledsham) and Connecting Roads Order 1994”, signed by the Secretary of State for Transport, and the Secretary of State for Wales;
iv
“the connecting roads” means the new highways which the Secretaries of State propose to construct along the routes described in Schedule 2 to this Order, each to connect a main new road or the A550 (Welsh Road) with other highways or proposed highways described in that Schedule;
v
“the A550” and “themean, respectively, the A550 Trunk A5117” Road and the A5117 Trunk Road; and
vi
“the side roads order” means the A550 and A5117 Trunk Roads (Improvement between Deeside Park and Ledsham) and Connecting Roads (Side Roads) Order 1994.
3
The main new roads and the connecting roads shall become trunk roads from the date when this Order comes into force.
4
The centreline of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretaries of State direct as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretaries of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given to the highway authority for that highway by the Secretary of State for Transport, in respect of a highway in England, or the Secretary of State for Wales, in respect of a highway in Wales. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
E. A. Sherwin
Deputy Director
Highways Agency North West Construction Programme Division
31st August 1994
Signed by authority of the Secretary of State for Wales
P. R. Marsden
A Grade 6 Officer
in the Welsh Office
31st August 1994


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1994 and shall come into force on 6th April 1994.
Amendment of Regulations
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) Regulations 1987 (determination of the amount an employer shall be entitled to under the Regulations) —
a
for the date “6th April 1991” there shall be substituted the date “6th April 1994”;
b
for the figure “4.5 per cent.” there shall be substituted the figure “4 per cent.”.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1994


text:
Title and Extent
1
This Order may be cited as the Milk Marketing Scheme (Certification of Revocation) Order 1994 and applies in England and Wales.
Interpretation
2
1
In this Order —
“ the Act ” means the Agriculture Act 1993;
“the Board” means the Milk Marketing Board administering the Scheme;
“the Scheme” means the Milk Marketing Scheme 1933 .
2
In this Order any reference to a numbered section shall be construed as a reference to the section so numbered in the Act.
Certification of Revocation
3
It is hereby certified that —
a
property, rights and liabilities of the Board were transferred under section 11 (statutory transfer on vesting day under approved scheme of reorganisation), and
b
in pursuance of section 1(4), section 1(1) (which, subject to section 13 and any provision of regulations made under section 14(3)(a), revokes the milk marketing schemes referred to in section 1(1)) came into force in relation to the Scheme, on 1st November 1994.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
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
This Order may be cited as the Royal Victoria Infirmary and Associated Hospitals National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Royal Victoria Infirmary and Associated Hospitals National Health Service Trust established by the Royal Victoria Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Publication of Notices) (Special Schools) Regulations 1994 and shall come into force on 8th September 1994.
2
In these Regulations —
“the 1993 Act ” means the Education Act 1993; and
“hospital special school” means a maintained special school established in a hospital.
Notice of Governors
2
Any notice required to be published by section 72(4) or section 73(5)(b) of the 1993 Act (notice of determination of initial governors) shall, in the case of a maintained special school other than a hospital special school, be published by being —
a
posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them;
b
by being posted in the same place within the area served by the school as that in which the proposals for the school to become a grant-maintained special school as published were posted in accordance with paragraph 1(1)(b) of Schedule 3 to the 1993 Act ; and
c
by being made available for inspection at all reasonable times at the same place as that at which those proposals as published were made available for inspection in accordance with paragraph 1(1)(c) of that Schedule .
3
Any notice required to be published by section 72(4) or section 73(5)(b) of the 1993 Act shall, in the case of a hospital special school, be published by being —
a
posted in the same place within the hospital and the same place within the area served by the school as those in which the proposals for that school to become a grant-maintained special school as published were posted in accordance with paragraph 1(1)(a) of Schedule 3 to the 1993 Act ; and
b
made available for inspection at all reasonable times at the same place as that at which those proposals as published were made available for inspection in accordance with paragraph 1(1)(c) of that Schedule.
4
A notice of the kind referred to in regulations 2 and 3 above shall be published within seven days beginning with the date of, as the case may be, the relevant election, appointment or selection.
Eric Forth
Minister of State,
Department for Education
15th August 1994
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
17th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hillingdon Hospital 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 Hillingdon Health Authority;
“the Trust” means the Hillingdon Hospital 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 5th 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 and Commencement
1
These Regulations may be cited as the Private Medical Insurance (Tax Relief) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Private Medical Insurance (Tax Relief) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2, for the definition of “the Treasury Regulations” there shall be substituted —
“the Treasury Regulations ” means the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1994 ;
.
4
1
Regulation 3 shall be amended as follows.
2
After paragraph (2), the following paragraph shall be inserted —
2A
Relief shall also be given at source in any case where a payment within subsection (2A) (b) of section 54 is made, and —
a
the person to whom the payment is made is —
i
a qualifying insurer for the purposes of section 55 by virtue of subsection (8) (a) of that section, or
ii
a managing agent;
b
the conditions specified in paragraph (3) were satisfied immediately before the death referred to in subsection (2A) (b) of section 54; and
c
the conditions specified in paragraphs (3) (a) (ii), (3) (b) (ii) and, if applicable, (3) (b) (iii) are satisfied at the time the payment is made.
.
3
In paragraph (3), in sub-paragraph (b) —
a
in paragraph (i), for the words “of the information contained or declared in the claim” there shall be substituted the words “part of the information, certificate and declaration provided in the notice specified in regulation 4”;
b
immediately following paragraph (ii), the word “and” shall be omitted;
c
after paragraph (iii), the following shall be added —
and
iv
has given an undertaking in writing to the Board that, before entering into a further contract, he will give notice to the individual making the payment that the individual is under an obligation, before entering into a further contract, to notify the insurer of any changes, either in the individual’s circumstances or in those of the insured under the contract, which will affect any part of the information, certificate and declaration and undertaking provided in the notice specified in regulation 4.
.
5
1
Regulation 4 shall be amended as follows.
2
For paragraph (2), the following paragraph shall be substituted —
2
The information specified in this paragraph is —
a
the full name of the individual,
b
his permanent residential address including postcode,
c
if he has one, his national insurance number, and
d
where he is not the insured under the contract, the full name and permanent residential address including postcode of every person insured under it.
.
3
After paragraph (3), the following paragraph shall be inserted —
3A
The certificate specified in paragraph (3) shall also apply to a further contract made between the same individual and the same insurer, and in respect of the same person or persons insured, until the individual notifies the insurer otherwise.
.
4
In paragraph (4) —
a
in sub-paragraph (b), for the words “making the claim” there shall be inserted the words “giving the notice”;
b
immediately following sub-paragraph (c), the word “and” shall be omitted;
c
after sub-paragraph (d), the following shall be added —
and
e
he will notify the insurer of any changes, either in his circumstances or in those of the insured under the contract, which will affect the information, certificate and declaration and undertaking provided in the notice.
.
6
In regulation 7, after paragraph (1), the following paragraph shall be inserted —
1A
At the same time as making an interim claim the claimant shall provide the Board with a statement showing —
a
the number of contracts taken out or renewed on or after the previous 6th April under which relief at source has been given;
b
the number of individuals insured under those contracts;
c
the number of those contracts where a premium is paid by an individual not insured under the contract.
.
7
1
Regulation 8 shall be amended as follows.
2
In paragraph (1), for the words “made to him (and not repaid by him)” there shall be substituted the words “in respect of premiums received and in respect of all premiums refunded by him”.
3
After paragraph (1), the following paragraph shall be inserted —
1A
At the same time as making an annual claim for a year the claimant shall provide the Board with a statement showing —
a
the number of contracts taken out or renewed during the year under which relief at source has been given;
b
the number of individuals insured under those contracts;
c
the number of those contracts where a premium is paid by an individual not insured under the contract;
d
the amount of relief claimed in relation to the contracts mentioned in sub-paragraph (c).
.
8
In regulation 9, in paragraph (1), for the words “a year” there shall be substituted the words “the year ending on 5th April 1994 or any earlier year”.
9
After regulation 9, the following regulation shall be inserted —
Provision of certificates by insurers for the year beginning on 6th April 1994 and later years
9A
1
An individual who is entitled to claim relief under subsection (3) of section 54 in respect of payments made by him under a contract in the year beginning on 6th April 1994 or any later year may, at any time after 56 days have elapsed following the end of that year, request a certificate from a person who is an insurer specified in paragraph (2) stating the matters specified in paragraph (3).
2
An insurer specified in this paragraph is an insurer within regulation 12(2)(b)(iv) with whom the individual has entered into the contract referred to in paragraph (1).
3
The matters specified in this paragraph are —
a
the year to which the certificate relates;
b
the amount of the premium under the contract paid in that year;
c
the full name of the individual;
d
his permanent residential address including postcode;
e
if he has one, his national insurance number; and
f
the full name and permanent residential address including postcode of every person insured under the contract.
4
The insurer shall provide a certificate requested under this regulation within 30 days of the request.
.
10
In regulation 10, in paragraph (2), for the words from “after the termination” to the end there shall be substituted the words “after the end of the year in which the notice is superseded by a further notice of entitlement or the individual ceases to be entitled to relief under section 54”.
11
1
Regulation 12 shall be amended as follows.
2
In paragraph (2), in sub-paragraph (b), the following paragraphs shall be substituted for paragraph (ii) —
ii
declare that it is an incorporated friendly society for the purposes of the Friendly Societies Act 1992 which is entitled to provide insurance under contracts of private medical insurance; or
iia
declare that it is a registered friendly society for the purposes of the Friendly Societies Act 1992 which is entitled to provide insurance under contracts of private medical insurance; or
iib
declare that it is a trade union for the purposes of section 467(4) of the Taxes Act which is entitled to provide insurance under contracts of private medical insurance; or
.
3
In paragraph (2), in sub-paragraph (b), the following paragraph shall be substituted for paragraph (iv) —
iv
declared that he is an insurer who does not fall within paragraph (i), that he is either an EEA national or a company or partnership formed under the law of any part of the United Kingdom or the law of any other EEA State which has its registered office, central administration or principal place of business in an EEA State, and that he is authorised to provide insurance under contracts of private medical insurance under the law in force in the EEA State of which he is a national, or in which it has its registered office, central administration or principal place of business, as the case may be; and
.
4
After paragraph (4), the following paragraph shall be added —
5
In this regulation —
“EEA national” means a national of a State which is a Contracting Party to the EEA Agreement other than the United Kingdom, but until the EEA Agreement comes into force in relation to Liechtenstein does not include a national of the State of Liechtenstein;
“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;
“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.
.
12
— Regulations 15, 16 and 17 are hereby revoked.
13
— The following regulation shall be added at the end —
Revocation of certification on or after 1st July 1994 and appeals against revocation
18
1
This regulation applies where —
a
before 1st July 1994 the Board have certified —
i
a contract as an eligible contract, or
ii
a form as a standard form of eligible contract, or
iii
a variation from a form certified as a standard form of eligible contract as a standard variation;
b
on or after 1st July 1994 it comes to the notice of the Board that a document relevant to the certification of that contract, form or variation, or any information which is so relevant, has been withheld; and
c
pursuant to subsection (2) of section 56, the Board treat that certification as having ceased to have effect on a date before 1st July 1994.
2
Where this regulation applies the Board shall give notice of the revocation of the certification to the person who submitted the contract, form or variation for certification.
3
A person to whom notice under paragraph (2) has been given may appeal against the revocation by notice given to the Board within 30 days after the date of the notice.
4
The appeal shall be to the Special Commissioners.
5
The like provisions as are contained in Part V of the Taxes Management Act 1970 shall apply to an appeal under paragraph (3) and the Special Commissioners shall on appeal to them confirm the notice unless they are satisfied that the notice ought to be quashed.
.
L J H Beighton
C W Corlett
Two of the Commissioners of Inland Revenue
9th June 1994


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 15) (Amendment No. 2) Order 1994.
Amendment of the Environmental Protection Act 1990 (Commencement No. 15) Order 1994
2
In each of sub-paragraphs (a), (b) and (c) of article 3(2) of the Environmental Protection Act 1990 (Commencement No. 15) Order 1994 , for the words “1st January 1995” there shall be substituted the words “1st April 1995”.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State,
Department of the Environment
6th December 1994


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences, Qualifications and Fees) (Amendment) Regulations 1994 and shall come into force on 1st June 1994.
2
1
The Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 shall be amended as follows.
2
In regulation 35(1A) —
a
for the words “1st April 1993” there shall be substituted the words “1st June 1994”;
b
in sub-paragraph (a) for “£170” there shall be substituted “£185”; and
c
in sub-paragraph (b) for “£7” there shall be substituted “£8”.
3
In regulation 35(1B) —
a
for the words “1st April 1993” there shall be substituted the words “1st June 1994”;
b
in sub-paragraph (a) for “£7” there shall be substituted “£8”; and
c
in sub-paragraph (b) for “£170” there shall be substituted “£185”.
3
Nothing in regulation 2 of these Regulations affects the fee payable in respect of the grant or variation of a licence before 1st June 1994.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
25th April 1994


text:
Citation and commencement
1
These Regulations may be cited as the Retention of Registration Marks (Amendment) Regulations 1994 and shall come into force on 16th December 1994.
Amendment of Retention of Registration Marks Regulations 1992
2
1
The Retention of Registration Marks Regulations 1992 shall be amended as follows.
2
In regulation 2(1)–
a
the definition of “the 1971 Act” shall be omitted;
b
after the definition of “the 1988 Act” there shall be inserted ““the 1994 Act ” means the Vehicle Excise and Registration Act 1994;”; and
c
in the definition of “the G.B. records” for the words “the 1971 Act” there shall be substituted “the 1994 Act”.
3
In regulation 3(1)(b) after the words “the right” there shall be inserted “or in accordance with regulation 6A”.
4
In regulation 4 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
5
The following regulation shall be inserted after regulation 6–
Nominations
6A
1
At any time before a right of retention is exercised, the Secretary of State may accept an application by the grantee–
a
to make a nomination for the purposes of regulation 3(1)(b) notwithstand– ing that no person was nominated in the application for the grant of the right; or
b
to nominate a different person for the purposes of regulation 3(1)(b) in place of a person already nominated in the application for the grant of the right or under sub–paragraph (a) above,
if the conditions specified in paragraph (2) are fulfilled in relation to the application.
2
The conditions referred to in paragraph (1) are that–
a
the application was made in writing;
b
the applicant has submitted to the Secretary of State the retention document relating to the right of retention; and
c
an application fee of £25 accompanied the application.
6
Regulation 7 shall be renumbered as paragraph (1) of regulation 7 and after that provision as so renumbered the following paragraph shall be inserted as paragraph (2) of regulation 7–
2
If, after the issue of a retention document, the Secretary of State accepts an application under regulation 6A for the nomination a person for the purposes of regulation 3(1)(b), he shall issue to the purchaser a new retention document which records the name of the person nominated in pursuance of the application.
7
In regulation 10 for the words “the 1971 Act” there shall be substituted “the 1994 Act”.
8
In regulation 12 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
9
In regulation 14 for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.
Amendment of Retention of Registration Marks Regulations 1993
3
1
The Retention of Registration Marks Regulations 1993 shall be amended as follows.
2
In regulation 2(1)–
a
the definition of “the 1971 Act” shall be omitted;
b
after the definition of “the 1988 Act” there shall be inserted ““the 1994 Act” means the Vehicle Excise and Registration Act 1994;”
c
in the definition of “the G.B. records” for the words “the 1971 Act” there shall be substituted “the 1994 Act”; and
d
for the definition of “nominated person” there shall be substituted ““nominated person” means a person nominated as mentioned in regulation 3(b);”
3
In paragraph (b) of regulation 3, for the words “in the application for the grant of the right” there shall be substituted “in accordance with regulation 4A”.
4
In regulation 4(1)(b) for the words “the 1971 Act” there shall be substituted “the 1994 Act”.
5
The following regulation shall be inserted after regulation 4:–
Nominations
4A
1
The nomination of a nominated person may be made either–
a
in the application for the grant of the right of retention; or
b
after the grant of the right of retention (but before the right is exercised) if the Secretary of State accepts an application by the grantee in relation to which the conditions specified in paragraph (3) are fulfilled.
2
At any time before a right of retention is exercised a person may be nominated in place of a person already nominated if the Secretary of State accepts an application by the grantee in relation to which the conditions specified in paragraph (3) are fulfilled.
3
The conditions referred to in paragraphs (1) and (2) are that–
a
the application was made in writing;
b
the applicant has submitted the retention document relating to the right of retention; and
c
an application fee of £25 accompanied the application.
6
In regulation 5(3) sub–paragraph (b) and the words “in any case other than one mentioned in sub–paragraph (b),” in sub–paragraph (c) shall be omitted.
7
In regulation 7(b) for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.
8
For regulation 8 there shall be substituted–
8
The fee payable in respect of the grant of an extension or further extension of the period in which a right of retention may be exercised is £25.
9
The following paragraph shall be inserted after paragraph (5) of regulation 9:–
6
If the Secretary of State accepts an application pursuant to regulation 4A(1)(b) or 4(2), he shall issue to the grantee, in place of the retention document which was submitted in pursuance of the application, a new retention document which records the name of the person nominated in pursuance of the application.
10
In regulation 10 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
11
In regulation 11 for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
12
In regulation 12 for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.
13
The following paragraphs shall be substituted for paragraphs (1) and (2) of regulation 15–
1
Any sum paid to the Secretary of State by virtue of regulation 7(b) shall be retained by him, whether or not there is assignment of the relevant registration mark, unless the conditions specified in paragraph (2) are fulfilled, in which case he shall refund the sum.
2
The conditions referred to in paragraph (1) are that–
a
the Secretary of State has revoked the right of retention in respect of which the sum was paid or that right has expired without its having been exercised;
b
a written application for a refund has been made by the grantee;
c
the application is accompanied by the retention document; and
d
the application is received by the Secretary of State within the period of six years starting with the date on which the right was revoked or ceased to be exercisable.
14
In regulation 15(3), for the word “may” there shall be substituted “shall” and the words “or 8” shall be omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
24th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dumfries and Galloway Community Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Dumfries and Galloway Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Dumfries and Galloway Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishments or facilities specified in the Schedule to this Order and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Dumfries and Galloway Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Dumfries and Galloway Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Dumfries and Galloway Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 3rd March 1994.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the Mid Essex Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 4th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 3rd 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
3rd February 1994


text:
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1994, shall apply throughout the United Kingdom and shall come into force on 1st April 1994.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires —
“analysis” has, in relation to England, Wales and Scotland, the same meaning as in section 53(1) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;
“controlled wine-sector product” means any wine-sector product whose movement has been prohibited pursuant to regulation 9 of these Regulations;
“county” means in relation to England, a county established by section 1 of the Local Government Act 1972 and in relation to Wales, a county established by section 20 of that Act;
“enforcement authority” means —
in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
in relation to the area of a local authority, the local authority.
“establishment” has the same meaning as in Article 1(3) of Council Regulation ( EEC ) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts ;
“examination” has, in relation to England, Wales and Scotland, the same meaning as in section 28(2) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
“food analyst” and “food examiner” have, in relation to England, Wales and Scotland, the same meanings as in section 30(9) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meanings as in Articles 30(9) and 31(3) of the Food Safety (Northern Ireland) Order 1991;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts;
“local authority” means —
as respects England, an authority (other than the Council of a non-metropolitan district) which is a food authority for the purpose of the Food Safety Act 1990;
as respects Wales, a county council;
as respects Scotland, an authority which is a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council;
“manufacturing” means using wine or other wine-sector product, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company;
“wine” and “wine-sector product” shall include aromatized wine.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91 , as amended, laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails .
3
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
4
The Common Agricultural Policy (Wine) Regulations 1993 and the Common Agricultural Policy (Wine) (Amendment) Regulations 1993 are hereby revoked subject to paragraph (5) below.
5
In relation to the application of Part III of these Regulations and Schedules 4 to 6 below to any wine produced from grapes harvested before 1st September 1993, that Part and those Schedules shall be read as if their contents were identical to those of the corresponding Part of and Schedules to the Common Agricultural Policy (Wine) Regulations 1993.
PART II
GENERAL PROVISIONS
Enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authorities or agencies for the purpose of the enforcement of the Community provisions.
2
For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.
3
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.
4
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.
5
The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) of this regulation.
6
Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 , as amended, laying down detailed rules for the description and presentation of wines and grape musts wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Geographical ascriptions for table wine
5
1
In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87 , as amended, on the common organization of the market in wine , the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless —
a
that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and
b
that table wine is produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.
2
Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 , as amended, on the common organization of the market in wine.
3
In paragraph (1)(b) above “geographical unit” means a precisely demarcated area which —
a
is a part of the United Kingdom; and
b
satisfies the definition of “a geographical unit which is smaller than the Member State” in Article 4(1) of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts .
4
No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.
5
Notwithstanding paragraph (4) above, the expression “United Kingdom” may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts.
Exemptions
6
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts shall not apply to —
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
7
The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89 , as amended, relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.
Powers of authorised officers
8
1
An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations, or under the Common Agricultural Policy (Wine) Regulations 1993, has been or is being committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed —
a
inspect any materials or articles found in or on that land or vehicle;
b
subject to paragraph (5) below, examine any register, record or appropriate document —
i
which any person is required to keep under any relevant Community provision, or
ii
which is in the possession or under the control of any person
and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;
c
subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;
d
undertake stock counts of products and of anything which may be used in the preparation of products; and
e
purchase or take samples of any product and of anything which may be used for the preparation of any product.
3
An authorised officer who has procured a sample of any product may analyse or examine or have analysed or examined that sample.
4
An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as —
a
it is in England or Wales and comprises —
i
an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984 ,
ii
excluded material within the meaning of section 11 of that Act, or
iii
special procedure material within the meaning of section 14 of that Act,
b
it is in Scotland and comprises an item subject to legal privilege within the meaning of section 40 of the Criminal Justice (Scotland) Act 1987 , or
c
it is in Northern Ireland and comprises —
i
an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ,
ii
excluded material within the meaning of article 13 of that Order, or
iii
special procedure material within the meaning of article 16 of that Order.
Control on movement
9
1
Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II , III , V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.
2
An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing —
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer; and
c
specifying the Community provision in respect of which the officer has reason to believe that an offence has been, is being or is likely to be committed.
3
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
4
An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
Consent to movement
10
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that —
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall —
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
Authorised officer acting in good faith
11
1
An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if that authority is satisifed that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.
4
In this regulation “authorised officer” includes a person accompanying him and acting under his instructions.
Power to require analysis or examination
12
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.
PART III
QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Interpretation of Part III
13
1
In this Part —
“Regulation 823/87” means Council Regulation (EEC) No.823/87, as amended, laying down special provisions relating to quality wines produced in specified regions ;
“quality wines psr” has the meaning assigned to it by Article 1(2) of Regulation 823/87;
“specified regions” mean, unless the context otherwise requires, English Vineyards and Welsh Vineyards as defined in regulation 14.
2
Other expressions used in this Part have, in so far as the context admits, the same meanings as in Regulation 823/87.
Specified regions
14
1
Subject to paragraph (2) below, the specified regions in the United Kingdom for the purposes of Article 3 of Regulation 823/87 are —
a
English Vineyards, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972 , described in Part I of Schedule 4, and
b
Welsh Vineyards, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government Act 1972, described in Part II of Schedule 4.
2
There shall be excluded from the areas described in Part I and Part II of Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
Vine varieties
15
For the purposes of Article 4 of Regulation 823/87, the list of vine varieties of the species Vitis vinifera suitable for producing quality wines psr in the specified regions is specified in Schedule 5.
Minimum natural alcoholic strength
16
The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
Authorisation under Article 6(3) of Regulation 823/87
17
Notwithstanding the provisions of the second indent of Article 6(1) of Regulation 823/87, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
Maximum yield
18
For the purposes of Article 11 of Regulation 823/87, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
Analytical test
19
The tests to be carried out for the purposes of the analytical test for quality wines psr produced in the specified regions are specified in Schedule 6.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
20
1
If any person contravenes, or fails to comply with, regulation 5 or any of the relevant Community provisions referred to in Columns 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable —
a
on summary conviction in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; or
b
on conviction on indictment, to a fine.
2
If any person —
a
contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI , VII or VIII of Schedule 2, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.
Movement of a controlled wine-sector product
21
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product, —
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product, —
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 9(4) shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 10 shall be guilty of an offence.
4
it shall be a defence for a person charged with any offence under this regulation to prove that —
a
when the power conferred by regulation 9(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and
b
that there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
Obstruction
22
Any person who —
a
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) acting in the execution of these Regulations; or
b
fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations
shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
Offences by officers of bodies corporate
23
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence of due diligence
24
In any proceedings for an offence under regulation 20 or 22(b) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
8th March 1994.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
8th March 1994


text:
Citation and Commencement
1
These Regulations may be cited as the Cleveland Tertiary College (Government) Regulations 1994 and shall come into force on 29th June 1994.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Cleveland Tertiary College” shall be set out in Schedules 1 and 2 to these Regulations respectively.


text:
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) -(Amendment) (No.2) Regulations 1994 and shall come into force on 15th July 1994.
2
1
Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1992 shall be amended as follows.
2
In item 2 —
a
in the third column, there shall be added —
94/12/EC†
;
b
in the fourth column, there shall be added —
L100, 19.4.94, p.42
.
3
For the Note at the end there shall be substituted —
Note: The Directives marked with a * are Commission Directives, while those marked with a † are Directives of the European Parliament and the Council. The other Directives are Council Directives.
.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under-Secretary of State,
Department of Transport
15th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Environmentally Sensitive Areas Designation (Radnor) (Welsh Language Provisions) Order 1994 and shall come into force on 1st September 1994.
2
In this Order–
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986;
“the designated area” means the area designated by article 3 of the Order ;
“the Order” means the Environmentally Sensitive Areas (Radnor) Designation Order 1993 ;
“requirements” means requirements as to agricultural practices, methods and operations and the installation or use of equipment specified in an order made under section 18 of the Agriculture Act 1986 and which must be included in an agreement.
3
Except where otherwise expressly provided, any reference in this Order to a numbered Schedule shall be construed as a reference to the Schedule bearing that number in this Order.
Prescribed forms of words in Welsh for definitions, requirements, additional provisions and conservation plan operations
2
The requirements and definitions specified in Schedule 1 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and requirements respectively specified in article 2(1) of and Schedule 1 to the Order.
3
The additional provisions and definitions specified in Schedule 2 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and additional provisions respectively specified in article 2(1) of and Schedule 2 to the Order.
4
The additional provisions and definitions specified in Schedule 3 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and additional provisions respectively specified in article 2(1) of and Schedule 3 to the Order.
5
The conservation plan operations and definitions specified in Schedule 4 are hereby prescribed as separate forms of words in Welsh which may be included in an agreement as respects land in the designated area in place of the definitions and the conservation plan operations respectively specified in article 2(1) of and Schedule 4 to the Order.
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
20th July 1994
We consent,
Tim Kirkhope
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
21st July 1994


text:
Citation and commencement
1
This Order may be cited as the Child Support Act 1991 (Consequential Amendments) Order 1994 and shall come into force on 11th April 1994.
Amendment of section 20ZA of the Domestic Proceedings and Magistrates' Courts Act 1978
2
In subsection (8) of section 20ZA of the Domestic Proceedings and Magistrates' Courts Act 1978 , for the words “under paragraph (c) or (d)” there shall be substituted the words “under paragraph (c), (cc) or (d)”.
Amendment of section 59 of the Magistrates' Courts Act 1980
3
1
Section 59 of the Magistrates' Courts Act 1980 shall be amended in accordance with the following provisions of this Article.
2
In subsection (3), after paragraph (c) there shall be inserted the following paragraph —
cc
the power to order that payments under the order be made in accordance with arrangements made by the Secretary of State for their collection;
.
3
After subsection (3) there shall be inserted the following subsection —
3A
No order made by a magistrates' court under paragraphs (a) to (d) of subsection (3) above (other than one made under paragraph (cc)) shall have effect at any time when the Secretary of State is arranging for the collection of payments under the qualifying maintenance order concerned.
.
4
In subsection (5), after the words “paragraphs (a) to (d) of subsection (3) above” there shall be inserted the words “(other than paragraph (cc))”.
5
In subsection (7), for the words “paragraph (c) or (d)” there shall be substituted the words “paragraph (c), (cc) or (d)”.
6
For subsection (12) there shall be substituted the following subsection —
12
For the purposes of this section —
a
the reference in subsection (1) above to money paid periodically by one person to another includes, in the case of a maintenance order, a reference to a lump sum paid by instalments by one person to another; and
b
references to arrangements made by the Secretary of State for the collection of payments are to arrangements made by him under section 30 of the Child Support Act 1991 and regulations made under that section.
.
Amendment of Schedule 1 to the Children Act 1989
4
In sub-paragraph (8) of paragraph 6A of Schedule 1 to the Children Act 1989 , for the words “under paragraph (c) or (d)” there shall be substituted the words “under paragraph (c), (cc) or (d)”.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
14th March 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Supply of Machinery (Safety) (Amendment) Regulations 1994.
2
These Regulations shall come into force in accordance with the following provisions-
a
except for regulation 4 and Schedule 2, they shall come into force on 1st September 1994; and
b
regulation 4 and Schedule 2 shall come into force on 1st January 1995.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Supply of Machinery (Safety) Regulations 1992 ; and
“ EEA State ” means a State which is a Contracting Party to 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 but until the Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.
Amendments relating to machinery
3
Schedule 1 to these Regulations, which —
a
in Part I amends the principal Regulations in accordance with the requirements of —
i
Article 1(10) excluding (a), (b) and (q);
ii
Article 1(11)(a) and (b); and
iii
Article 1(12)(c), (d), (e) and (f),
of Council Directive 93/44/ EEC ; and
b
in Part II makes other minor amendments to the principal Regulations,
shall have effect.
Amendments relating to safety components, machinery for lifting or moving persons and CE marking
4
Schedule 2 to these Regulations, which further amends the principal Regulations in accordance with the requirements of —
a
the Articles of Council Directive 93/44/EEC other than those specified in regulation 3(a) above; and
b
Article 6 of Council Directive 93/68/EEC relating to the CE marking of machinery ,
shall have effect.
Consequential amendment of the Provision and Use of Work Equipment Regulations 1992
5
In Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 —
a
for paragraph 29 there shall be substituted-
29
Council Directive 89/392/EEC on the approximation of the laws of the Member States relating to machinery ( OJ No. L183, 29.6.1989, p.9) as amended by Council Directive 91/368/EEC (OJ No. L198, 22.7.1991, p.16), Council Directive 93/44/EEC (OJ No. L175, 19.7.1993, p.12) and Article 6 of Council Directive 93/68/EEC (OJ No. L220, 30.8.1993, p.1).
; and
b
paragraph 34 shall be omitted.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
26th July 1994