text:
Citation and commencement
1
This Order may be cited as the Social Landlords (Permissible Additional Purposes or Objects) Order 1996 and shall come into force on 1st October 1996.
Interpretation
2
In this Order, unless the context otherwise requires —
“assured percentage arrangements” means arrangements pursuant to which —
a social landlord provides a sum (the “initial capital sum”) to a person who, at the time when the landlord offers to provide that sum, is a resident of theirs (the “participating resident”) for the purpose of enabling or assisting him to acquire a legal estate in a house;
the participating resident, in consideration for the provision of the initial capital sum, enters into an assured percentage covenant with the landlord; and
the liability to make any payment required by the assured percentage covenant is secured by a mortgage;
“assured percentage covenant” means a covenant requiring the participating resident in the case of the assured percentage arrangements in question to make to the landlord at a date (the “discharge date”) determined in accordance with the covenant a payment (the “discharge payment”) calculated by reference to the product of —
the difference between —
the initial capital sum, expressed as a percentage of the initial value of the house, and
the aggregate of the interim payment percentages (if any), and
the final value of the house;
“bank” means —
an institution authorised under the Banking Act 1987 ; or
a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 1992 where the requirements of paragraph 1 of Schedule 2 to those Regulations have been complied with in relation to that institution’s establishment of a branch;
“equity percentage arrangements” means arrangements pursuant to which —
a social landlord conveys a legal estate in a house to an individual (the “relevant purchaser”);
the relevant purchaser, in consideration for that conveyance —
makes to the landlord a payment (the “initial payment”) expressed to represent a percentage of the initial value of the house; and
enters into an equity percentage covenant with the landlord; and
the liability to make any payment required by the equity percentage covenant is secured by a mortgage;
“equity percentage covenant” means a covenant requiring the relevant purchaser in the case of the equity percentage arrangements in question to make to the landlord at a date (the “discharge date”) determined in accordance with the covenant a capital payment (the “discharge payment”) determined by reference to that percentage (if any) of the final value of the house which remains after reducing 100 per cent. by the sum of the following percentages, that is to say —
the percentage of the initial value of the house which the initial payment made pursuant to the equity percentage arrangements in question was expressed to represent, and
the aggregate of the interim payment percentages (if any);
“final value” of a house, in the case of an assured percentage covenant or, as the case may be, an equity percentage covenant, means the proper value of the estate in question at the time at which the discharge payment required by the covenant falls to be made;
“initial value” of a house means —
in the case of assured percentage arrangements, the price required to be paid to or at the direction of the vendor for the conveyance of the estate in question to the participating resident; or
in the case of equity percentage arrangements, an amount agreed between the relevant purchaser and the social landlord, before the conveyance of the estate in question to the relevant purchaser, as being the price for which the estate would have been conveyed at that time, with vacant possession, in an arm’s length transaction between a willing buyer and a willing seller on the open market;
“insurance company” means a company which is —
a company to which Part II of the Insurance Companies Act 1982 applies; or
an EC company carrying on an insurance business through a branch or agency in the UK , and in this definition, ‘EC company’ and ‘insurance business’ have the same meaning as in that Act of 1982 ;
“interim payment percentage” means, in relation to an assured percentage covenant or, as the case may be, an equity percentage covenant, the amount of any payment accepted by the landlord before the discharge date, in diminution of the liability to make the discharge payment and in accordance with the terms of the instrument containing the covenant in question, expressed as a percentage of the proper value of the estate in question as at the time of that acceptance;
“proper value”, in the case of any estate, means the value of the estate as determined by such person as may be specified or described in, and otherwise in accordance with the terms of, the instrument containing the assured percentage covenant or equity percentage covenant in question;
“qualifying lending institution” means —
the Corporation ;
a bank;
a building society within the meaning of the Building Societies Act 1986
a friendly society (including a registered branch of a registered friendly society) within the meaning of the Friendly Societies Act 1992 ; or
an insurance company.
“social landlord” means a body which is registered, or is eligible for registration, with the Corporation as a social landlord under Chapter I of Part I of the Housing Act 1996 (registered social landlords):
Additional permissible purposes or objects
3
The following are specified as permissible purposes or objects additional to those specified in subsection (4) of section 2 (eligibility for registration of social landlords) —
a
disposing of houses by way of sale at less than the market value to residents of the social landlord;
b
acquiring, or constructing, or repairing and improving, or creating by the conversion of houses or other property, houses to be disposed of pursuant to equity percentage arrangements;
c
enabling or assisting any residents of the social landlord —
i
to acquire, or to acquire and enter into occupation of, houses, or
ii
to procure the construction of separate dwellings for occupation by those residents (whether alone or with other persons), or to procure such construction and enter into occupation of the dwellings so constructed, by —
aa
providing grants to or for such residents, or
bb
in a case falling within sub-paragraph (i) above, by entering into assured percentage arrangements with such residents (or partly in the one way and partly in the other).
Priority of mortgages
4
A mortgage securing a person’s liability to make to a registered social landlord any payment required by an assured percentage covenant or equity percentage covenant shall have priority immediately after any legal charge securing an amount advanced to that person by a qualifying lending institution —
a
for the purpose of enabling him to acquire the estate in question; or
b
with the written consent of the social landlord, for the purpose of enabling him to carry out any improvement to the house in question.
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
5th September 1996
William Hague
Secretary of State for Wales
6th Septemeber 1996


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 1996 and shall come into force on the fourteenth day after the day on which it is made.
Interpretation
2
In this Order “the principal Order ” means the Motor Vehicles (International Circulation) Order 1975 .
Documents for drivers and vehicles going abroad
3
1
In article 1 of the principal Order —
a
paragraphs (3) and (4) shall be omitted; and
b
for paragraph (6) there shall be substituted the following paragraph —
The Secretary of State may charge a fee of £4 for the issue of any such document as is mentioned in paragraph (1) or (2) of this article.
.
2
Schedule 2 (Fees chargeable for documents and identification marks) to the principal Order shall be omitted.
3
Paragraphs (1) and (2) of this article shall not apply in the case of any such document as is there mentioned if the application for issue of the document is made before the coming into force of this Order.
Visitors' driving permits
4
1
In article 2(2)(i), (3)(a) and (4)(a) of the principal Order after the words “in a Member State of the European Economic Community,” in each place where they occur there shall be inserted “the Isle of Man or Jersey,”.
2
In article 2(7) of the principal order —
a
in the definition of “Convention driving permit” after the word “1949” in each place where it occurs, and in the definition of “domestic driving permit” after the words “issued under the law of that country”, there shall be inserted “to a person who has given proof of his competence to drive”; and
b
in the definition of “domestic driving permit” after the words “a driving permit issued”, there shall be inserted “to such a person”.
3
In article 3(1) of the principal Order there shall be omitted the words “other than a large goods vehicle or a passenger-carrying vehicle”.
Vehicle excise exemption
5
For article 5(2) of the principal Order there shall be substituted the following: —
A vehicle to which this paragraph applies, and to which the temporary importation arrangements referred to in the Council Regulation on temporary importation from third countries do not apply and which would, but for this Order, be chargeable with excise duty under the Excise Act, shall be exempt from any duty of excise under that Act to the following extent: —
a
in the case of a vehicle to which the Council Directive on the temporary importation of a private vehicle from another member State applies, the vehicle shall be exempt from excise duty if its importation is in accordance with the provisions of that Directive and it shall continue to be so exempt for as long as those provisions continue to be satisfied;
b
in a case of a vehicle being used for, or in connection with, —
i
international carriage within the scope of the Council Regulation on common rules for the international carriage of passengers by coach and bus or the Council Regulation on access to the market in the carriage of goods within the Community, or
ii
a cabotage transport operation within the scope of the Council Regulation on passenger transport cabotage or the Council Regulation on goods transport cabotage, or
iii
a type of carriage which is exempt from any Community authorisation and from any carriage authorisation under the First Council Directive on the establishment of common rules for certain types of carriage of goods by road,
the vehicle shall be exempt from excise duty if and so long as the vehicle is being so used in accordance with whichever of those instruments is applicable to the use of the vehicle.
6
1
In article 5 of the principal Order in each case in which they occur for the words “Great Britain” there shall be substituted the words “United Kingdom”.
2
In article 5(9) of the principal Order for the words “Vehicles (Excise) Act 1971”, there shall be substituted the words “Vehicle Excise and Registration Act 1994 ”.
3
In article 5(9) of the principal Order after the words “In this article” there shall be inserted the following definitions: —
“The First Council Directive on the establishment of common rules for certain types of carriage of goods by road” means the First Council Directive of 23rd July 1962 on the establishment of common rules for certain types of carriage of goods by road ;
“the Council Directive on the temporary importation of a private vehicle from another member State” means Council Directive ( EEC ) No 83/182 of 28th March 1983 on tax exemptions within the community for certain means of transport temporarily imported into one Member State from another ;
“the Council Regulation on temporary importation from third countries” means Council Regulation (EEC) No. 1855/89 of 14th June 1989 on the temporary importation of means of transport ;
“the Council Regulation on common rules for the international carriage of passengers by coach and bus” means Council Regulation (EEC) No. 684/92 of 16th March 1992 on common rules for the international carriage of passengers by coach and bus ;
“the Council Regulation on access to the market in the carriage of goods within the Community” means Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States ;
“the Council Regulation on passenger transport cabotage” means Council Regulation (EEC) No. 2454/92 of 23rd July 1992 laying down conditions under which non-resident carriers may operate national road passenger transport services within a Member State ;
“the Council Regulation on goods transport cabotage” means Council Regulation (EEC) No. 3118/93 of 25th October 1993 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State as it has effect in accordance with Council Regulation ( EC ) No. 3315/94 of 22nd December 1994 .
4
The following paragraph shall be inserted after article 5(9) of the principal Order: —
10
Nothing in regulations made or deemed to have been made under this Order shall apply to any person bringing a motor vehicle into Northern Ireland from the Republic of Ireland who complies with the provisions of the Motor Car (Irish Circulation) (Northern Ireland) Regulations 1925 .
5
Article 5A of the principal Order shall be revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Revocation) Regulations 1996 and shall come into force on 1st April 1996.
Revocation of Regulations
2
The Authorities for London Post-Graduate Teaching Hospitals Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
6th March 1996


text:
1
These Regulations may be cited as the Judicial Pensions (Miscellaneous) (Amendment) Regulations 1996 and shall come into force on 16th December 1996.
2
These Regulations shall apply to an election under section 1(2) of the Judicial Pensions and Retirement Act 1993, written notification of which is received by the appropriate Minister on or after 16th December 1996.
3
For Part II of the Judicial Pensions (Miscellaneous) Regulations 1995 there shall be substituted —
PART II
Election for New Pension Arrangements
Interpretation
3
In this Part —
“election” means an election under section 1(2) of the 1993 Act by or in respect of an office-holder; and
“office-holder” means a person to whom section 1(2) of the 1993 Act applies.
Method of making election
4
1
An office-holder shall make an election by notifying the appropriate Minister in writing of his wish that Part I should apply to him and of the date on which he wishes the election to take effect.
2
A personal representative shall make an election by notifying the appropriate Minister in writing of his wish that Part I should apply to the deceased office-holder.
3
A notice given under paragraph (1) shall be signed and dated by the office-holder and shall contain his full name and either —
a
his current qualifying judicial office; or
b
where he has ceased to hold qualifying judicial office, his last qualifying judicial office.
4
A notice given under paragraph (2) shall be signed and dated by the personal representative, and shall give the full name of the deceased office-holder and his qualifying judicial office at the date of death or at the date he ceased to hold qualifying judicial office.
5
A personal representative shall supply with the notice of election evidence of his entitlement to act as personal representative.
Time limit for making election
5
1
An office-holder may not make an election later than six months after the date on which he ceases to hold qualifying judicial office.
2
An office-holder may also not make an election later than the day before the date on which any payment of pension or other benefit is made under a judicial pension scheme in respect of the service in the last qualifying judicial office held by the office-holder.
3
A personal representative may not make an election later than
a
six months after the date on which the deceased office-holder ceased to hold qualifying judicial office; or, if later,
b
three months after the date of grant of probate or letters of administration (or, in Scotland, three months after the date of confirmation).
4
A personal representative may also not make an election later than the day before the date upon which any payment of surviving spouse’s pension is made under a judicial pension scheme (in this paragraph and paragraph (5) called `an existing scheme') in respect of the service in the last qualifying judicial office held by the deceased office-holder unless —
a
the office-holder died in service; and
b
the amount of pension which the surviving spouse is receiving under an existing scheme does not exceed the amount of pension to which he would have been entitled if Part I had applied to the deceased office-holder from the date of death or, where this is not the case, the condition referred to in paragraph (5) is satisfied.
5
The condition referred to in paragraph (4)(b) is that the surviving spouse had agreed, in respect of the period prior to the making of an election, to accept an amount on account of the pension which he is eligible to receive under an existing scheme which does not exceed the amount of pension to which he would be entitled if Part I had applied to the deceased office-holder from the date of death.
6
The date on which a person makes an election is the date on which the appropriate Minister receives his notification given in accordance with regulation 4.
Date of taking effect of the election
6
1
An election made by an office-holder while he holds qualifying judicial office shall take effect:
a
no earlier than the date on which the office-holder makes the election; and
b
no later than the date on which he ceases to hold qualifying judicial office.
2
Subject to paragraph (1), an election made by an office-holder while he holds qualifying judicial office shall take effect on the date that the office-holder makes the election or, if later, the date the office-holder specifies in accordance with regulation 4(1) as the date he wishes the election to take effect.
3
An election made by an office-holder after he has ceased to hold qualifying judicial office shall take effect as from his ceasing to hold such office.
4
Where a personal representative makes an election in respect of an office-holder who died whilst holding qualifying judicial office or after having retired from such office with a pension immediately payable, then, for the purposes of sections 4(3) and 5 to 8 of the 1993 Act, Part I shall be treated as applying to the deceased office-holder —
a
where he died before ceasing to hold qualifying judicial office, as from the date of death; or
b
where he died after retirement, as from his retirement from qualifying judicial office.
5
Where a personal representative makes an election in respect of a person who died after ceasing to hold qualifying judicial office and who left such office without a pension becoming immediately payable, the provisions of the Judicial Pensions (Preservation of Benefits) Order 1995 or the Judicial Pensions (Preservation of Benefits) Order (Norther Ireland) 1995 shall be treated as applying to the deceased office-holder as from his ceasing to hold such office.
Mackay of Clashfern, C.
M. Forsyth
Dated 18th November 1996
One of Her Majesty’s Principal Secretaries of State
Dated 15th November 1996


text:
1
This Order may be cited as the Broadcasting (Prescribed Countries) Order 1996 and shall come into force on 15th April 1996.
2
Every country of the world with the exception of the United Kingdom is hereby specified as a prescribed country for the purposes of section 43(4) of the Broadcasting Act 1990.
3
The Broadcasting (Prescribed Countries) Order 1994 is hereby revoked.
Virginia Bottomley
Secretary of State for National Heritage
25th March 1996


text:
Title, commencement and extent
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) Regulations 1996, shall come into force on 1st January 1997, and shall apply to England.
Amendments to previous Regulations
2
1
The Nitrate Sensitive Areas Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “agriculture” and “agricultural” there shall be inserted the following definition —
“agri-environment programme” means an arrangement which is —
regulated by statutory instrument providing for the payment of aid to persons who give an undertaking or enter an agreement in relation to land to which that instrument relates; and
approved by the Commission of the European Communities under Article 7(3) of the Council Regulation as part of a zonal programme drawn up pursuant to Article 3 of the Council Regulation;
;
b
after the definition of “basic scheme” there shall be inserted the following definition —
“the Commission Regulation” means Commission Regulation ( EC ) No. 746/96 laying down detailed rules for the application of the Council Regulation;
; and
c
after the definition of “controlled waters” there shall be inserted the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside as last amended by Commission Regulation (EC) No. 2772/95 as rectified by Commission Regulation (EC) No. 1962/96 ;
.
3
In regulation 4 (qualifying conditions for land and farmer), in paragraph (1) after the words “the land is in a nitrate sensitive area” there shall be inserted the words “, that the application is not covered by any prohibition on providing an undertaking pursuant to an agri-environment programme deriving either from application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or from application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation)”.
4
In regulation 11 (payments of aid) after the phrase “The Minister shall” there shall be inserted the phrase “, subject to the provisions of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation)”.
5
In regulation 12 (upgrading of scheme) after paragraph (3) there shall be inserted the following paragraph —
3A
The Minister shall not accept an application for aid made in accordance with paragraph (1) unless he is satisfied that the conditions set out in Article 13 of the Commission Regulation (which authorises replacement of an agri-environment programme undertaking or agreement by another such undertaking or agreement) are fulfilled.
.
6
In regulation 13 (death of farmer or change of occupation of the land) —
a
there shall be substituted for paragraph (2) the following paragraph —
2
The Minister shall not accept undertakings referred to in paragraph (1)(c) unless he is satisfied that the new occupier —
a
occupies the land, or the part thereof in respect of which he gives such undertakings, as owner of the freehold interest, as tenant or as the personal representative of the original occupier; and
b
is not prohibited from providing an undertaking pursuant to an agri-environment programme by application of Article 10 of the Commission Regulation (which restricts duplication of aid payments), by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration, to be excluded from all aid under the Council Regulation).
; and
b
there shall be substituted for paragraph (7) the following paragraph —
7
The foregoing provisions of this Regulation shall be subject to Article 11 of the Commission Regulation (which governs transfers of holdings) and Article 12 of the Commission Regulation (force majeure).
.
7
For regulation 15 (withholding and recovery of aid and termination) there shall be substituted the following regulation —
Withholding and recovery of aid, termination and exclusion
15
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may, subject to the provisions of Article 20 of the Commission Regulation (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations), recover the whole or any part of any aid already paid to that person or to such other person.
2
Where any farmer whose application for aid under these Regulations has been accepted by the Minister —
a
fails to comply with any of his undertakings;
b
fails to permit entry, inspection or other activity he is required to permit by regulation 9(1); or
c
fails to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that farmer and may recover the whole or any part of any aid already paid to him and may also, in so far as is consequent upon Article 20(2) of the Commission Regulation (which requires member states to determine a system of penalties which are effective, commensurate with their purpose and of adequate deterrent effect to be imposed for breaches of undertakings), require him to pay to the Minister a sum equal to no more than 10% of the aid paid or payable in respect of the land.
3
Where any new occupier who has given undertakings in accordance with regulation 13(1)(c) in respect of any land —
a
fails to comply with any of his undertakings;
b
fails to permit entry, inspection or other activity he is required to permit by regulation 9(1); or
c
fails to comply with any other requirement of these Regulations,
the Minister may recover from the new occupier a sum of money not exceeding the whole or any part of any aid already paid in respect of that land, and may also, in so far as is consequent on Article 20(2) of the Commission Regulation, require him to pay to the Minister a sum equal to no more than 10% of the aid paid or payable in respect of the land.
4
Where the Minister takes any step specified in paragraphs (1) to (3) above, he may give notice to the farmer, or in the case of paragraph (3) the new occupier, that he is treating as terminated, with effect from the date specified in the notice, the undertakings given by the farmer, or as the case may be, the new occupier under these Regulations.
5
Where under paragraph (4) above the Minister treats the undertakings given by the farmer, or as the case may be, the new occupier as terminated, in connection with any step taken under paragraph (2) or (3) above, he may also, in so far as is consequent upon Article 20(2) of the Commission Regulation, by notice in writing to the farmer, or as the case may be, the new occupier prohibit him from providing a new undertaking or entering a new agreement under an agri-environment programme for such period (not exceeding two years) from the date of that termination as is specified in the notice.
6
Before taking any step specified in paragraph (2), (3) or (4) above by reference to paragraph (2)(a) or (3)(a) above, the Minister shall —
a
give to the farmer, or as the case may be, new occupier a written explanation of the reasons for the step proposed to be taken;
b
afford the farmer, or as the case may be, new occupier the opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the farmer, or as the case may be, the new occupier.
.
8
After regulation 15 (withholding and recovery of aid and termination) there shall be added the following regulations —
Recovery of Interest
15A
1
Where a payment of aid is made to a farmer, or as the case may be, new occupier by the Minister and, by virtue of Article 20(1) of the Commission Regulation (which provides for recovery of wrongful payments with interest), a reimbursement of all or part of the payment with interest is required, the rate of interest shall be one percentage point above LIBOR on a day to day basis.
2
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in Article 20(1) of the Commission Regulation.
3
In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
15B
In any case, where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations or the Commission Regulation in so far as it relates to land in a nitrate sensitive area, the amount so falling to be paid shall be recoverable as a debt.
.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th December 1996


text:
Citation and commencement
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) (Amendment) Regulations 1996 and shall come into force on 1 June 1996, except for regulation 3(4), which shall come into force on 1 September 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 .
Modifications to the principal Regulations
3
1
The principal Regulations shall be modified in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) —
a
in the definition of “ EEC number” , in head (c), for the footnote to ELINCS substitute the footnote “ OJ No. C361, 17.12.94, p.1” ; and
b
after the definition of “pesticide” insert the following definitions —
“petrol” has the same meaning as in regulation 2(1) of the Motor Fuel (Lead Content of Petrol) Regulations 1981 ;
“plant protection product” has the same meaning as in regulation 2(1) of the Plant Protection Products Regulations 1995 ;
.
3
In regulation 3 —
a
in paragraph (1) —
i
delete the word “or” at the end of sub-paragraph (n),
ii
at the end of sub-paragraph (o) for the full stop substitute a semi-colon, followed by the word “or” , and
iii
after sub-paragraph (o) insert the following sub-paragraph —
p
a plant protection product, which has been approved under the Plant Protection Products Regulations 1995 .
; and
b
after paragraph (4) insert the following paragraph —
4A
Notwithstanding sub-paragraphs (a), (b), (e), (f), (i), (n) and (o) of paragraph (1), paragraphs (3A) and (3B) of regulation 9 shall apply to the substances and preparations referred to in those sub-paragraphs whether or not they are substances or preparations dangerous for supply.
.
4
In regulation 4 —
a
for the words “2nd Edition” substitute the words “3rd Edition” ;
b
for the date “18 October 1994” substitute the date “24 January 1996” ; and
c
after paragraph (f) insert the following paragraph —
g
in Part VII, the descriptions specified in the European Inventory of Existing Commercial Chemical Substances for complex coal, oil and gas derived substances,
.
5
In regulation 9 —
a
delete the word “and” at the end of paragraph (2)(b);
b
in paragraph (2)(c) —
i
in paragraph (iv), for the words “the words “EEC label” ” , substitute the words “either the words “ EC label” or “EEC label” ” , and
ii
for the full stop at the end of the paragraph substitute a semi-colon, followed by the word “and” ;
c
after paragraph (2)(c) insert the following sub-paragraph —
d
where required by paragraph (3A) or (3B), the labelling phrase specified therein.
;
d
delete the word “and” at the end of paragraph (3)(c);
e
for the full stop at the end of paragraph (3)(d) substitute a semi-colon, followed by the word “and” ;
f
after paragraph (3)(d), insert the following sub-paragraph —
e
where required by paragraph (3A) or (3B), the labelling phrase specified therein,
; and
g
after paragraph (3) insert the following paragraphs —
3A
Subject to paragraph (3C), and without prejudice to any other requirements in these Regulations, in respect of a substance specified in Part III A of Schedule 6 or a preparation containing such a substance, either of which is required to be classified and labelled in accordance with these Regulations (or would be so required, but for any of the exceptions contained in sub-paragraphs (a), (b), (e), (f), (i), (n) and (o) of paragraph (1) of regulation 3), as —
a
Carcinogenic of category 1 or 2;
b
Mutagenic of category 1 or 2; or
c
Toxic for reproduction of category 1 or 2,
the labelling phrase “Restricted to professional users” shall be included in the particulars specified in paragraph (2) or (3), as the case may be.
3B
Without prejudice to any other requirements in these Regulations, in respect of —
a
a substance specified in Part III B of Schedule 6; or
b
a preparation containing such a substance in a concentration by weight of 0.1% or more,
which is dangerous for supply, the labelling phrase “Restricted to professional users” shall be included in the particulars specified in paragraph (2) or (3), as the case may be, and where such a substance or preparation is not dangerous for supply the said phrase shall be clearly shown in accordance with the requirements of regulation 11 as if it were dangerous for supply.
3C
Notwithstanding regulation 3(4A), paragraph (3A) shall not apply to —
a
petrol which complies with paragraph (1) of regulation 4 of the Motor Fuel (Lead Content of Petrol) Regulations 1981;
b
mineral oil products intended for use as fuel in mobile or fixed combustion plants;
c
fuels sold in closed systems; and
d
artists' paints.
.
6
In regulation 12(4)(d), for the number “3291” substitute the number “3219” .
7
In regulation 16, for paragraph (1) substitute the following paragraph —
1
Subject to paragraphs (2) and (3) —
a
the provisions of the Health and Safety at Work etc. Act 1974 which relate to the approval of codes of practice and their use in criminal proceedings, to enforcement and to offences; and
b
sub-section (2) of section 47 of the Health and Safety at Work etc. Act 1974,
shall apply to the provisions of regulations 5 to 14 as if those provisions had been made under section 15 of the said Act, whether or not the provisions of that Act would apply but for this paragraph.
.
8
In regulation 18, for “the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989” substitute “the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995” .
9
Part II of Schedule 3 shall be modified in accordance with Schedule 1 to these Regulations.
10
Schedule 6 shall be modified in accordance with Schedule 2 to these Regulations.
John Selwyn Gummer
Secretary of State for the Environment
11th April 1996