text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Mallaig Harbour Revision Order 1995 and shall come into force on 1st December 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Authority” means the Mallaig Harbour Authority;
“the deposited plans and sections” means the plans and sections signed on behalf of the Secretary of State and marked “Plans and sections referred to in the Mallaig Harbour Revision Order 1995” of which copies are deposited at the office of the Secretary of State for Scotland at St Andrew’s House, Edinburgh, EH1 1DG and with the Authority at Harbour Offices, Mallaig, PH41 4QB;
“the level of high water” means the level of mean high-water springs;
“the level of low water” means the level of mean low-water springs;
“the limit of deviation” means the limits of deviation shown on the deposited plans;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaking” means the undertaking of the Authority as from time to time authorised;
“the works” means the works authorised by this Order, or as the case may require, any part thereof and includes any work constructed pursuant to article 6 below.
2
All situations, points, directions, distances, lengths, dimensions, areas and other measurements stated in this Order shall be construed as if the words “or thereabouts” were inserted after each such situation, point, direction, distance, length, dimension, area or other measurement.
3
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
4
Any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
PART II
WORKS
Power to construct works
3
Subject to the provisions of this Order the Authority may in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, construct, execute and maintain the works hereinafter described, with all necessary works and conveniences connected therewith, in the parish of Glenelg within the Lochaber district and the Highland Region —
Work No.1
Refacing of the existing marshalling area on its eastern side in reinforced concrete or steel sheet piling with infilling and levelling behind, commencing at a point NM6765897188, 98 metres north-north-east of the northern extremity of the Authority’s office and extending in a north-north-westerly direction for a distance of 30 metres to a point at NM6764997217 and there terminating.
Work No. 2
The construction of a sea wall and the reclamation of the seabed and foreshore behind by infilling, levelling and surfacing an area of irregular shape comprising of 0.75 hectares, commencing at the termination of Work No. 1 and extending in a west-north-westerly direction for a distance of 134 metres to a point at NM6723397262 and there terminating.
Work No. 3
A slipway of solid construction at a point at NM6758297256, 76.7 metres north-west of the commencement of Work No. 2 and extending in an east-north-easterly direction for a distance of 125 metres to a point at NM6770197295 and there terminating.
Work No. 4
A breakwater of solid construction bounded on all sides by rock facing commencing at a point at NM6756997295, 40 metres north-north-west of the commencement of Work No. 3 and extending in an east-north-easterly direction for a distance of 113 metres to a point at NM6767697329 and there terminating.
Work No. 5
A breakwater of solid construction commencing at a point at NM6767897326, 4.5 metres south-south-east of the termination of Work No. 4 and extending in an east-north-easterly direction for a distance of 107 metres to a point at NM6778097358, thence in a south-south-easterly direction for a distance of 65 metres to a point at NM6780097298 and there terminating.
Work No. 6
A deepening by means of excavation within the area marked “Limit of dredged area (Work No. 6)” on the deposited plans to a depth of 7 metres below the level of low water commencing at point A and extending in a west-south-westerly direction for a distance of 175.5 metres to point B, thence in a south-south-easterly direction for a distance of 113 metres to point C, thence in an east-north-easterly direction for a distance of 216 metres to point D, thence in a northerly direction for a distance of 99.5 metres to point E, thence in a north-north-westerly direction for a distance of 95 metres to point F, thence in a westerly direction for a distance of 43 metres to point G, and thence in a southerly direction for a distance of 96 metres to the point of commencement.
Work No. 7
A breakwater of solid construction commencing at a point at NM6778297233, 141 metres east-north-east of the commencement of Work No. 1 and extending in a north-north-westerly direction for a distance of 40 metres to a point at NM6778097270 and there terminating.
Power to renew, etc. , works
4
Subject to the provisions of this Order, the Authority may, within the limits of deviation, renew, replace, or otherwise alter temporarily or permanently the works.
Power to deviate
5
Subject to the provisions of this Order, in the construction or execution of Works numbered 1 to 5 and 7 authorised by article 3 above, the Authority may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding 2 metres upwards and to any extent downwards as may be found necessary or convenient.
Subsidiary works
6
Subject to the provisions of this Order the Authority for the purposes of or in connection with the works may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
PART III
MISCELLANEOUS
Incorporation of certain provisions of Order of 1992
7
The following provisions of the Mallaig Harbour Revision Order 1992 shall, with necessary modifications, apply to the works as they apply to the works authorised by that Order —
article 6 (Tidal works not to be executed without approval of Secretary of State);
article 7 (Provision against danger to navigation);
article 8 (Abatement of works abandoned or decayed);
article 9 (Survey of tidal works);
article 10 (Lights on tidal works during construction);
article 11 (Permanent lights on tidal works).
Period for completion of works
8
If the works are not completed within 10 years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Authority allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Authority for constructing and maintaining the works shall cease except as to so much thereof as shall then be completed.
Works to form part of undertaking and application of byelaws
9
1
The works shall for all purpose form part of the undertaking.
2
All byelaws and regulations of the Authority for the time being in force relating to the undertaking shall as far as applicable apply to the works and may be enforced by the Authority accordingly.
3
The works shall be deemed for all purposes to be within the Lochaber district of the Highland Region.
Crown Rights
10
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and in particular and without prejudice to the generality of the foregoing, nothing in this Order authorises the Authority to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Raymond S Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
27th November 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the London Regional Transport (Penalty Fares) Act 1992 (Activating No. 2) Order 1995 and shall come into force on 30th April 1995.
Activation of penalty fare provisions
2
Sections 4 and 6 to 9 of the London Regional Transport (Penalty Fares) Act 1992 shall have effect, as from 30th April 1995, with respect to any bus service to which that Act applies by virtue of section 3(1) thereof.
Signed by authority of the Secretary of State
Goschen
Parliamentary Under Secretary of State
Department of Transport
12th April 1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) Regulations 1995 and shall come into force on 27th July 1995, except for regulation 3 which shall come into force on 1st June 1996.
2
These Regulations shall extend to England only.
Amendment of the Nitrate Sensitive Areas Regulations 1994
2
1
The Nitrate Sensitive Areas Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (“Interpretation”), in paragraph (1) —
a
the following definition shall be inserted before the definition of “agriculture” —
‘the 1990 Order ’ means the Nitrate Sensitive Areas (Designation) Order 1990 ;
;
b
the following definition shall be inserted before the definition of “farmer” —
‘Farm Woodland Scheme’, ‘basic scheme agreement’ and ‘premium scheme agreement’ have the meaning respectively assigned to each of them by article 2 of the 1990 Order;
;
c
in the definitions of “basic scheme”, “premium arable scheme” and “premium grass scheme”, for the words “the undertakings” in each case there shall be substituted the words “undertakings to comply with the requirements”;
d
the following definition shall be substituted for the definition of “nitrate sensitive area” —
‘nitrate sensitive area’ means any of the areas referred to in Schedule 1 and more particularly shown coloured pink on the maps contained in two volumes of maps marked ‘Volume of maps of Nitrate Sensitive Areas’ dated 1st July 1994 and 4th July 1995, respectively, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR;
;
e
at the end of the definition of “permanent grassland”, there shall be added the words, “but excluding such land where, in the opinion of the Minister, it has been in grass as a result of being subject to a premium scheme agreement”;
f
the definition of “scheme” shall be deleted; and
g
in paragraph (2), for the words “map in the”, there shall be substituted the words “map in either of the two volumes of maps marked”.
3
For regulation 5, there shall be substituted the following regulation —
Land which is eligible for aid
5
1
For the purposes of regulation 3(1)(b), land in a nitrate sensitive area is eligible for payments of aid under these Regulations, if at the date the undertakings mentioned in regulation 7 are to take effect (or, if there is more than one such date, the first date), it satisifed the condition set out in whichever one of paragraphs (2) to (5) apply to the scheme in respect of which application is made.
2
In respect of the basic scheme, the conditions are that —
a
since 31st December 1991, but except for such period as it has been set-aside land or land to which paragraphs (6) or (7) below applies, the land has been used only for the production of any agricultural crop other than —
i
a permanent crop; or
ii
grass grown for more than five consecutive years; and
b
the land has at no time been subject to a premium scheme agreement which includes the obligations in Option D in Schedule 2 to the 1990 Order.
3
In respect of the premium arable scheme, where the undertakings given or to be given include undertakings to comply with the requirements in Options A, B, C, or D of Schedule 4, the conditions are —
a
since 31st December 1991, but except for such period as it has been set-aside land or land to which paragraphs (6) or (7) below apply, the land has not been woodland or permanent grassland and has been used only for the production of any agricultural crop other than —
i
a permanent crop; or
ii
grass grown for more than one consecutive year;
b
for such period as paragraph (6) below applies, the premium scheme agreement referred to in that paragraph has been complied with to the satisfaction of the Minister, and
c
the land has at no time been subject to a premium scheme agreement which includes the obligations in Option D in Schedule 2 to the 1990 Order.
4
In respect of the premium arable scheme, where the undertakings given or to be given include undertakings to comply with the requirements in Option E of Schedule 4, the conditions are that —
a
the land has been subject to a premium scheme agreement which includes the obligations in Option D in Schedule 2 to the 1990 Order; and
b
that premium scheme agreement has been complied with to the satisfaction of the Minister.
5
In respect of the premium grass scheme, the condition is that the land is grassland which has been receiving more than 250kg of nitrogen in the form of inorganic nitrogen fertiliser per hectare per year, in each of the three years immediately preceding the date when the undertakings given or to be given in respect of it are to commence.
6
This paragraph applies to any land in a nitrate sensitive area in relation to any period of time when the land is subject to obligations under a premium scheme agreement, which includes the obligations in Options A, B or C of Schedule 2 to the 1990 Order.
7
This paragraph applies to any land which has been used during any period not exceeding 24 months, as part of an arable rotation for the keeping of livestock which are housed in mobile or temporary structures and which are fed mainly on feed concentrates.
4
In regulation 7 (“Undertakings by farmer”) —
a
for the words “The undertakings”, there shall be substituted the words
1
Subject to the following paragraphs of this regulation, the undertakings
;
b
in paragraph (1)(b)(ii), for the words “C or D” there shall be substituted the words “C, D or E”;
c
after paragraph (1), there shall be added the following paragraphs —
2
In relation to land —
a
which has been subject to a premium scheme agreement; and
b
in respect of which the application is for aid under the premium arable scheme,
the undertakings mentioned in paragraph (1) shall commence immediatley on expiry of thepremium scheme agreement and shall continue for a period of five consecutive years and until the next following 1st October.
3
Paragraph (2) above shall not apply where the Minister is satisfied that the farmer could not have given the undertakings because he was not then in occupation of the land.
4
The reference in paragraph (3) above to the farmer shall include —
a
the wife, husband, brother, sister, child or parent of the farmer; or
b
any person who, on the date the premium scheme agreement expired, had control, or had control together with any of the persons mentioned in (a) above, of any business (whether incorporated or not) which is now carried on by the farmer.
5
In relation to land (other than land mentioned in paragraph (2) above) which has been subject to an agreement under the 1990 Order, and where the application for aid under these Regulations is made in the year in which the agreement under the 1990 Order expires, the undertakings mentioned in paragraph (1) shall commence immediately on expiry of the said agreement and shall continue for a period of five consecutive years and until the next following 1st October.
6
Where the land in respect of which the application for aid under these Regulations is made includes set-aside land or grassland, and the application is for aid under the premium arable scheme or the premium grass scheme, the farmer shall also undertake, if so required by the Minister, to take such steps as the Minister may reasonably require (to which the farmer shall agree prior to the acceptance of his application) for the purpose of improving the grass sward.
7
Where land has been subject to a premium scheme agreement which includes the obligations in Options A, B or C of Schedule 2 to the 1990 Order, and the application is for aid under the basic scheme, the farmer shall undertake that the land shall not be ploughed —
a
where a crop is to be sown prior to 31st December in the year in which the application for aid under these Regulations is made, prior to 1st September in that year; and
b
where a crop is to be sown prior to 31st May in the year following the year in which the application for aid under these Regulations is made, prior to 1st December in the year in which the application is made (or, in the case of sandy soils, 1st February in the following year).
5
In regulation 8 (“Restrictions on acceptance of applications for aid”) —
a
in paragraph (2), for subparagraphs (a) and (b), the following subparagraphs shall be substituted —
a
the farmer is, or is likely to be, for the whole or any part of the period for which they are or are to be given, unable to comply with his undertakings;
b
the undertakings given or to be given by the farmer will not be effective in preventing, to the extent contemplated by the Minister in establishing the scheme in respect of which the application is made, the entry of nitrate into controlled waters; or
c
in relation to land which is or has been the subjct of an agreement under the 1990 Order, the undertakings given or to be given by the farmer will not be as effective in preventing the entry of nitrate into controlled waters as if the obligations in relation to the land by virtue of the 1990 Order had continued until the end of the period for which the undertakings are or are to be given.
;
b
after paragraph (4), the following paragraph shall be inserted —
5
Paragraph (1)(a) shall not apply if the land is a part field of less than four hectares where —
a
the land has been subject to a premium scheme agreement;
b
the Minister is satisfied there is a positive conservation benefit; and
c
the land is being managed so as to maintain that benefit, in particular by the farmer not cutting grass between 1st April and 15th July in any year.
.
6
In regulation 9(1) for the words “servants or agents” there shall be substituted the words “servants or agent”.
7
In regulation 12, (“Upgrading of scheme”) after paragraph (4), the following paragraph shall be inserted —
5
The Minister shall not accept an application under paragraph (1) to enter the premium arable scheme in respect of land which has been subject to a premium scheme agreement and where the land has subsequently been the subject to undertakings in respect of the basic scheme.
.
8
The following regulation shall be inserted after regulation 16 —
Duplication of aid
17
1
The Minister may withhold the whole or any part of any aid payable to a farmer, or, as the case may be, the new occupier under these Regulations or recover the whole or any part of any such aid already paid to him where the Minister is satisfied that the aid payable or paid has duplicated or will duplicate any assistance previusly given or to be given out of money provided by Parliament or the European Community.
2
Where the Minister withholds or recovers aid under paragraph (1) above, he may give notice to the farmer or, as the case may be, the new occupier, that the Minister is treating as terminated, from the date specified in the notice, the undertakings given by the farmer or new occupier.
.
9
In Schedule 1 (“NITRATE SENSITIVE AREAS”), in the table, after the entries in respect of “Birchmoor”, there shall be added the entries shown in the table in Schedule 1 to these Regulations.
10
In Schedule 4 (“REQUIREMENTS UNDER THE PREMIUM ARABLE SCHEME”), after the requirements in relation to “Option D”, there shall be added the provisions in Schedule 2 to these Regulations.
11
In Schedule 6 (“RATES OF PAYMENT”) —
a
the tables shall be amended in accordance with Part I of Schedule 3 to these Regulations; and
b
after paragraph 6, the provisions in Part II of Schedule 3 to these Regulations shall be inserted.
Revocations
3
The Nitrate Sensitive Areas (Designation) Order 1990, the Nitrate Sensitive Areas (Designation) (Amendment) Order 1990 and the Nitrate Sensitive Areas (Designation) (Amendment) Order 1993 , are hereby revoked.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
5th July 1995


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1995, shall apply to Great Britain and shall come into force on 27th May 1995.
Amendment of the Plant Health (Great Britain) Order 1993
2
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with articles 3 to 18 below.
3
In article 2(1) (interpretation) —
a
in the definition of “plant” after the words “including seed” insert the words “but excluding forest trees”;
b
in the definition of “plant passport” for the words “Schedule 7” there shall be substituted the words “Schedule 9”.
4
In article 3(1) for the words “No person shall import” there shall be substituted the words “There shall not be imported”.
5
In article 3(2)(c)(v) after the words “other plants” there shall be added the words “not being potatoes”.
6
In article 5 for the words “No (no) person shall introduce” wherever they appear there shall be substituted the words “There (there) shall not be introduced”.
7
In article 12(5) for the words “at the same time as, and together with, the consignment” there shall be substituted the words “at the same time as, and together with, the entry relating to the consignment”.
8
In article 18 —
a
in paragraph (1) the words “Austria or” shall be deleted;
b
in paragraph (8) after the words “official register” there shall be added the words “and shall be open to inspection by the European Commission”.
9
To article 22 there shall be added the following new paragraph (4) —
4
An inspector may, by notice in writing served on the consignee of any plants, plant products or other objects which have been or are to be imported into Great Britain, specify premises and require the removal of those objects to those premises in such manner as may be specified in the notice.
10
In Schedule 1 —
a
In Part A, Section 2(b) add the following new item —
2
Pseudomonas solanacearum (Smith) Smith;
b
in Part B, Section (a) —
i
in the second column opposite item number 1 in the first column insert the following protected zones —
“S” and “FI”;
ii
after item number 1 insert the following new item —
1a
Globodera pallida (Stone) Behrens FI;
iii
in the second column opposited item number 2 in the first column insert the following protected zones —
“S (Malmöhus, Kristianstads, Blekinge, Kalmar and Gotlands län)”;
c
in Part B, Section (d), in the second column opposite items number 1 and 2 in the first column insert the following protected zones —
“S” and “FI”.
11
In Schedule 2 —
a
in Part A, Section 1(a) —
i
in the second column opposite items number 25 and 27 in the first column delete the words “fruit and” in both places;
ii
delete item 28;
b
in Part A, Section 1(c) in the second column for the words opposite item number 9 in the first column substitute the following —
Plants of Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and seeds and plants of Citrus L. and their hybrids, other than seeds and fruits, except fruits of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck, originating in South America;
c
in Part A, Section 2(a) —
i
in the second column for the words opposite item number 3 in the first column substitute the following —
Flower bulbs and corms of Crocus L., miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex. L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort., Hyacinthus L., Iris L., Tigridia Juss., Tulipa L., intended for planting, and potato tubers ( Solanum tuberosum L.), intended for planting;
ii
in the second column for the words “Allium cepa L., Allium porrum L. and Allium schoenoprasum L.” opposite item 4 in the first column substitute the words “Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting”;
d
in Part A, Section 2(b) delete item number 6;
e
in Part B(a) delete items number 3, 6 and 7 and the footnote at the end;
f
in Part B(b), in the third column opposite item number 2 in the first column insert the following protected zones —
“A” and “FI”;
g
in Part B at the end add a new sub-part (d) as follows —
(D) VIRUSES AND VIRUS-LIKE ORGANISMS
Species Subject of contamination Protected Zone(s)
Citrus tristeza virus (European isolates) Fruits of Citrus clementina Hort. ex. Tanaka, with leaves and peduncles EL, F (Corsica), I, P
12
In Schedule 3, Part A —
a
delete items number 4 to 8 (inclusive);
b
in the second column opposite item number 10 in the first column delete the words “Austria and”;
c
in the second column opposite item number 12 in the first column delete the word “Austria” and after the word “Switzerland,” insert the word “Syria,”;
d
in the second column for the words opposite item number 13 in the first column substitute the words “Third countries other than European and Mediterranean countries”.
13
In Schedule 3, Part B in the second column opposite item number 1 in the first column insert the following protected zones —
“A” and “FI”.
14
In Schedule 4 —
a
in Part A, Section 1 —
i
delete items number 1 to 7 (inclusive) and 8.2;
ii
in the second column opposite item number 25.4 in the first column after the words “official statement” insert “(a)” and at the end add the following —
and(b) that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is known not to occur or, where the tubers originate in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, that the tubers originate from a place of production found free from Pseudomonas solanacearum (Smith) Smith, or considered to be free thereof, as a consequence of the implementation of an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith being a procedure determined pursuant to the procedure laid down in Article 16a of Council Directive 77/93/ EEC , as amended ;
iii
after item number 25.6 add the following new items number 25.7 and 25.8 —
25.7 Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. and Solanum melongena L., intended for planting, other than seeds, originating in countries where Pseudomonas solanacearum (Smith) Smith is known to occur
Without prejudice to the provisions applicable to the plants listed in Schedule 3A(11) and (13) and Schedule 4A1 (25.5) and (25.6), where appropriate, official statement —
that the plants originate in areas which have been found free from Pseudomonas solanacearum (Smith) Smith; or
that no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation
25.8 Tubers of Solanum tuberosum L., other than those intended for planting Without prejudice to the provisions applicable to tubers listed in Schedule 3A (12) and Schedule 4A1 (25.1), (25.2) and (25.3), official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur;
iv
for item number 36 substitute the following items number 36.1 and 36.2 —
36.1 Plants of Ficus L., intended for planting, other than seeds
Official statement that —
the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or
the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera; or
the plants have been grown in greenhouses in which official measures have been taken to monitor the presence of Thrips palmi Karny during an appropriate period, and that during such monitoring no Thrips palmi Karny has been detected
36.2 Plants, other than Ficus L., intended for planting, and other than seeds
Offical statement that —
the plants originate in a country known to be free from Thrips palmi Karny; or
the place of production has been found free from Thrips palmi Karny on official inspections carried out at least monthly during the three months prior to export; or
the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera;
v
in the second column opposite item number 51 in the first column for the words “a country” substitute the word “areas”;
b
in Part A, Section 2 —
i
delete items number 1, 2 and 3;
ii
in the second column opposite item number 19.1 in the first column at the end add the following —
and
(d) (i) that, the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is known not to occur;or (ii) where the tubers originate in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, that the tubers originate from a place of production found free from Pseudomonas solanacearum (Smith) Smith, or considered to be free therefrom, as a consequence of the implementation of an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith;
iii
in the second column opposite item number 19.3 in the first column, in (cc) at the end of the second indent, that is to say, after the words “ Clavibacter michiganensis ssp. sepedonicus (Spieckermann et Kotthoff) Davis et al.” insert the following —
Pseudomonas solanacearum (Smith) Smith;
iv
after item number 19.6 insert the following new item number 19.7 —
19.7 Plants of Capsicum annuum L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Musa L., Nicotiana L. and Solanum melongena L., intended for planting, other than seeds Without prejudice to the requirements applicable to the plants listed in Schedule 4 A2 (19.6) where appropriate, official statement that:(a) the plants originate in areas which have been found free from Pseudomonas solanacearum (Smith) Smith, or(b) no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation;
v
in the first column for the words opposite item number 31.2 substitute the following —
Fruits of Citrus L., other than of Citrus clementina Hort. ex. Tanaka, Fortunella Swingle , Poncirus Raf. and their hybrids
c
in Part B —
i
delete items number 1 to 12 (inclusive) and 14a to 14h (inclusive) and their related footnotes;
ii
in the third column opposite items number 20.1, 20.2, 22, 23, 24, 25.1, 25.2, 26 and 30 in the first column insert the following protected zones —
“S” and “FI”;
iii
after item number 20.2 insert the following new item —
20.3 Tubers of Solanum tuberosum L. Without prejudice to the requirements listed in Schedule 4A(2) 19.1 and 19.2, official statement that provisions are complied with in respect of Globodera pallida (Stone) Behrens and Globodera rostochiensis (Wollenweber) Behrens which are in accordance with those laid down in Directive 69/465/EEC FI;
iv
in the third column opposite item number 21 in the first column insert the following protected zones —
“A” and “FI”;
v
for item number 27 substitute the following —
27.1 Sugar and fodder beet speed of the species Beta vulgaris L. Without prejudice to the provisions of Council Directive 66/400/EEC on the marketing of beet seed, as amended, where applicable, official statement that:(a) the seed of the categories “Basic seed” and “Certified seed” satisfies the conditions laid down in Annex I(B)(3) to Council Directive 66/400/EEC , as amended , or(b) in the case of “seed not finally certified”, the seed — — satisfies the conditions laid down in Article 15(2) of Council Directive 66/400/EEC , as amended , and — is intended for processing that will satisfy the conditions laid down in Annex I(B) to Council Directive 66/400/EEC , as amended, and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus ( BNYVV ), or(c) the seed has been produced form a crop grown in an area where BNYVV is known not to occur DK, FI, IRL, P (Azores), S, UK 27.2 Vegetable seed of the species Beta vulgaris L. Without prejudice to the provisions of Council Directive 70/458/EEC on the marketing of vegetable seed, as amended, where applicable, official statement that:(a) the processed seed contains no more than 0.5 % by weight of inert matter; in the case of pelleted seed this standard shall be met prior to pelleting, or(b) in the case of non-processed seed, the seed — shall be officially packed in such a manner as to ensure that there is no risk of spread of BNYVV,and — is intended for processing that will satisfy the conditions laid down in paragraph (a) above, and delivered to a processing enterprise with officially approved controlled waste disposal, to prevent the spread of Beet necrotic yellow vein virus (BNYVV), or(c) the seed has been produced from a crop grown in an area where BNYVV is known not to occur DK, F, IRL, I, P (Azores), S, UK;
vi
at the end insert a new item number 31 as follows —
31. Fruits of Citrus clementina Hort. ex Tanaka, originating in E, F (except Corsica) Without prejudice to the provisions applicable to the fruits, where appropriate, listed in Schedule 3B (2 and 3) or Schedule 4A2 (31.1):(a) the fruits shall be free from leaves and peduncles, or(b) in the case of fruits with leaves or peduncles, official statement that the fruits are packed in closed containers which have been officially sealed and shall remain sealed during their transport through a protected zone, recognised for these fruits, and shall bear a distinguishing mark to be reported on the passport EL, F, (Corsica), I, P.
15
In Schedule 5 —
a
in Part AI —
i
delete item number 1.7 (with its associated CN Code descriptions) and item 1.8;
ii
for item number 2.4 substitute the following —
2.4
Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and plants of Allium porrum L. intended for planting.;
iii
in item number 3 for the words “ Gladiolus Tourn. ex L.” substitute the following —
miniature cultivars and their hybrids of the genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus Hort., Gladiolus ramosus Hort. and Gladiolus tubergenii Hort.;
b
in Part A II delete item number 1.10 (with its associated CN Code descriptions) and item number 1.11;
c
in Part B I delete item number 5 and item number 6 (with its associated CN Code descriptions);
d
in Part B II delete item number 7 (with its associated CN Code descriptions).
16
In Schedule 8 —
a
in Part (a) —
i
in the second column opposite item number 2 insert the following protected zones —
“Sweden” and “Finland”;
ii
delete items number 4, 7 to 11 (inclusive) and 13;
iii
after item number 5 insert the following new item —
“5a. Globodera pallida (Stone) Behrens Finland”;
iv
in the second column opposite item number 12 insert the following protected zone —
“Sweden (Malmöhus, Kristianstads, Blekinge, Kalmar, Gotlands iän”);
b
in Part (b), in the second column opposite item number 2 insert the following protected zones —
“Austria” and “Finland”;
c
in Part (d) —
i
in the second column opposite items number 1 and 2 insert the following protected zones;
“Finland” and “Sweden”;
ii
at the end add a new item number 4 as follows —
4. Citrus tristeza virus (European isolates) harmful to fruits of Citrus clementina Hort. ex Tanaka, with leaves and peduncules Greece, France (Corsica), Italy, Portugal.
17
For Schedule 13 there shall be substituted the new Schedule 13 set out in the Schedule to this Order.
18
In Schedule 16 (INSTRUMENTS AMENDING AND SUPPLEMENTING COUNCIL DIRECTIVE 77/93/EEC ) —
a
before the entry relating to Council Directive 93/85/EEC there shall be inserted the following —
Commission Directive 93/50/EEC OJ No. L205, 17.8.93, p.22.Commission Directive 93/51/EEC OJ No. L205, 17.8.93, p.24.;
b
at the end there shall be inserted the following —
Commission Directive 93/106/ EC OJ No. L298, 3.12.93, p.34.Commission Directive 93/110/EC OJ No. L303, 10.12.93, p.19.Commission Directive 95/4/EC OJ No. L44, 28.2.95, p.56.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd May 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd May 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,Welsh Office
22nd May 1995


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order: —
all measuements of distance are measured along the route of the relevant highway;
“the deposited plan” means the plan numbered HA10/2 WO104 marked the London–Fishguard Trunk Road (A40) (Fishguard Western By-Pass) Order 1995, signed by authority of the Secretary of State, and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the new trunk road” means the highway mentioned in article 1 of this Order;
“the trunk road” means the London–Fishguard Trunk Road (A40).
4
This Order shall come into force on 25th August 1995, and may be cited as the London–Fishguard Trunk Road (A40) (Fishguard Western By-Pass) Order 1995.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 9th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Unoccupied Property) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Property liable for unoccupied rates
2
Regulation 2(2)(g) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989 shall have effect in respect of a hereditament shown in a non-domestic rating list compiled on or after 1st April 1995 as if for “£1,000” there were substituted “£1,500”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
2nd March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
2nd March 1995


text:
1
1
This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England) Order 1995.
2
This Order shall come into force on the issue of a proclamation by Her Majesty summoning a new Parliament, except that for the purposes of proceedings preliminary or relating to a parliamentary election held after the issue of that proclamation, this Order shall come into force on 25th August 1995.
3
References to constituencies in this Order are references to the constituencies in England as constituted by the Parliamentary Constituencies (England) Order 1995 or any subsequent Order in Council in respect of constituencies in any part of England under the Parliamentary Constituencies Act 1986 .
2
The Returning Officers (Parliamentary Constituencies) (England and Wales) Order 1983 and the Returning Officers (Parliamentary Constituencies) (England and Wales) (Amendment) Order 1991 are hereby revoked.
3
In the case of a borough constituency listed in the left-hand column of Schedule 1 to this Order (being a constituency which is not coterminous with or wholly contained in a district), the returning officer for a parliamentary election shall be the chairman of the council of the district listed in the right-hand column of that Schedule opposite to the name of the constituency.
4
In the case of a borough constituency listed in the left-hand column of Schedule 2 to this Order (being a constituency which is situated partly in one London borough and partly in another), the returning officer for a parliamentary election shall be the mayor of the London borough listed in the right-hand column of that Schedule opposite to the name of the constituency.
5
In the case of a county constituency listed in the left-hand column of Schedule 3 to this Order, the duties of the returning officer for a parliamentary election shall be discharged, as acting returning officer, by the registration officer appointed by the council of the district listed in the right-hand column of that Schedule opposite to the name of the constituency.
Blatch
Minister of State
Home Office
2nd August 1995


text:
Title, commencement and interpretation
1
1
This order, which supersedes the Land Registration (District Registries) Order 1991 , may be cited as the Land Registration (District Registries) Order 1995 and shall come into force on 1st April 1996.
2
In this order, unless the context otherwise requires:
“district land registry” means a district registry of the Land Registry within the meaning of section 132 of the Land Registration Act 1925;
“the Schedule” means the Schedule to this Order.
District Land Registries
2
The districts of the Gloucester, Plymouth, Portsmouth and Weymouth District Land Registries are altered so that the district of each of the district land registries specified in column 1 of the Schedule comprises the administrative areas specified opposite its name in column 2 of the Schedule.
We concur,
Mackay of Clashfern, C.
Dated 6th of November 1995
Simon Burns
David Willets
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 15th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Sale and Repurchase of Securities (Modification of Enactments) Regulations 1995 and shall come into force on 2nd January 1996.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“original owner” shall be construed in accordance with subsection (1) of section 730A ;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988;
“transferor” shall be construed in accordance with subsection (1) of section 727A , or subsection (1) of 737A (as the case may be);
“the 1992 Act ” means the Taxation of Chargeable Gains Act 1992 .
2
In these Regulations unless the context otherwise requires, any reference to a particular section, without more, is a reference to that section of the Taxes Act.
Redemption of securities — modification of enactments
3
In relation to any case falling within subsection (2) (a) and (b) of section 737E (sale and redemption of securities), sections 727A, 730A and 737A shall have effect as if references (however expressed) to a person being required to buy back securities under an agreement included references to that person being entitled under the agreement to an amount equivalent to the proceeds of redemption of the securities concerned; and references in section 730A to “repurchase” and “repurchaser”, and in that section and in section 737A to “repurchase price”, shall be construed accordingly.
4
In relation to any case where section 730A has effect as modified by regulation 3, section 263A(1) of the 1992 Act shall have effect as if it provided in addition that —
a
the original owner shall be regarded for the purposes of capital gains tax as having disposed of the securities transferred by him to the interim holder pursuant to the arrangements —
i
on the occasion of the redemption of the securities and not at the time of that transfer, and
ii
for an amount equivalent to the proceeds of redemption; and
b
the interim holder shall be regarded for the purposes of capital gains tax as having acquired the securities transferred to him pursuant to the arrangements on that occasion and for that amount.
Substituted securities — modification of enactments
5
1
In the cases specified in paragraph (2) below, the provisions specified in paragraph (3) below shall have effect with the modifications applicable to that provision which are specified in paragraphs (4) to (7) below.
2
The cases specified are cases involving any arrangement for the sale and repurchase of securities where the arrangement —
a
falls within subsection (1) (b) of section 737E, and
b
involves securities (“substituted securities”) being substituted for other securities.
3
The provisions specified are —
a
sections 727A, 730A, 737A and 737C, and
b
section 263A of the 1992 Act.
4
Sections 727A and 737A shall each have effect as if any reference to securities included a reference to substituted securities.
5
Section 730A shall have effect —
a
as if any reference to securities included, subject to sub-paragraph (b) below, a reference to substituted securities; and
b
in cases where section 737A applies in relation to the repurchase price of the securities, or would apply if it were in force in relation to the securities, as if —
i
subsection (9) of that section did not apply, but references to the repurchase price of the securities were references to the repurchase price of the securities that were bought back by the original owner under an agreement falling within subsection (1) of section 730A, increased by the aggregate amount specified in paragraph (6) (c) below; and
ii
the securities transferred by the original owner under the agreement were the securities bought back by him.
6
Section 737C shall have effect as if —
a
any reference to securities included, subject to sub-paragraph (b) below, a reference to substituted securities;
b
references to the repurchase price of the securities were references to the repurchase price of the securities that were bought back by the transferor; and
c
the section provided that that repurchase price should be treated as increased, in accordance with subsection (3) (b), (9) or (11) (c) (as the case may be) of section 737C, by the aggregate of the gross amounts of manufactured payments treated by section 737A (5) as having been made in respect of securities transferred in pursuance of the original sale and substituted securities.
7
Section 263A of the 1992 Act shall have effect as if it provided that, in the circumstances specified in paragraph (8) below, any reference to securities included a reference to substituted securities.
8
The circumstances specified are where, as part of the process of substitution, the securities substituted by the substituted securities are returned to the original owner.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and East Wales Ambulance National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 19th May 1995.
2
In this Order:
“the Authority” means the Gwent Health Authority;
“the Trust” means the South and East Wales Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 13th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th May 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
12th April 1995


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Dairy Products (Hygiene) (Charges) Regulations 1995 and shall come into force on 12th May 1995.
2
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations, except where the context requires otherwise —
“ the Act ” means the Food Safety Act 1990;
“dairy farm visit” means a visit to a registered production holding by an inspector and the undertaking by him there of inspection, supervision, sampling or any one or more of those functions for the purpose of ascertaining whether provisions of the principal Regulations are being complied with, and —
“sampling dairy farm visit” means a dairy farm visit for the sole purpose of taking samples of milk, and
“general dairy farm visit” means any other dairy farm visit;
“inspector” means an inspector or other authorised officer of the Minister;
“milk” means the milk of one or more cows intended for sale, or sold, for human consumption;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food, and
in relation to Wales, the Secretary of State;
“the principal Regulations” means the Dairy Products (Hygiene) Regulations 1995 ;
“production holding” has the meaning assigned to it by the principal Regulations;
“registered production holding” means a production holding registered under regulation 4 or 14 of the principal Regulations;
“specified producer” means any person carrying on the business of a producer of milk from any registered production holding or his duly authorised representative.
Liability to charges
3
1
For the purposes of carrying out any function in pursuance of regulation 16(3) of the principal Regulations and subject to paragraph (2) below, there shall be due from a specified producer to the Minister, in respect of any matter specified in the first column of the Schedule to these Regulations, the charge specified in relation thereto in the second column thereof.
2
No charge shall be due in respect of —
a
any dairy farm visit for the purpose of ascertaining whether there is a particular threat to public health, or for the purpose of taking measures to reduce such a threat;
b
any sampling dairy farm visit for the taking of samples of milk sold in accordance with regulation 12(2)(b) of the principal Regulations;
c
any sampling dairy farm visit where the specified producer is a person to whom a consent has been granted under regulation 2B of the Milk (Special Designation) Regulations 1989 and that consent was in force immediately before the coming into force of the principal Regulations.
Payment of charges
4
A specified producer shall pay to the Minister on demand any charge payable by that specified producer under regulation 3 of these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th April 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
18th April 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th April 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Amendment) (England) Regulations 1995 and shall come into force on 10th March 1995.
2
In these Regulations —
“the Non–Domestic Rating Regulations ” means the Non–Domestic Rating (Altera– tion of Lists and Appeals) Regulations 1993 ;
“the principal Regulations ” means the Valuation and Community Charge Tribunals Regulations 1989 ; and
“the 1993 Regulations ” means the Council Tax (Alteration of Lists and Appeals) Regulations 1993 .
3
Expressions used in these Regulations which are also used in the principal Regulations have the same meaning as in those Regulations.
4
Unless the context otherwise requires, any reference in the following provisions of these Regulations to a numbered regulation is a reference to the regulation so numbered in the principal Regulations.
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with the following provisions of these Regulations in relation to tribunals the area of jurisdiction of which, set out in Schedule 1 of the principal Regulations, is in England.
Membership
3
In regulation 4 there shall be added the following paragraph —
6
A person may not be appointed as a member of a tribunal if he or his spouse is an employee of that tribunal.
.
Appointment of members
4
For paragraph (2) of regulation 5 there shall be substituted the following —
2
No appointment under regulation 4(2) shall be valid if its effect would be that the aggregate number of members of the tribunal appointed by that body who are members of a principal council exceeded the number equal to one third of the total of the number of members to be appointed by that body. For the purpose of this paragraph “principal council” means a district council, a county council, a London Borough Council, the Common Council of the City of London or the Council of the Isles of Scilly.
.
Duration of membership
5
1
In paragraph (2) of regulation 6 before the words “each member” there shall be inserted the words “Subject to paragraph (5)”.
2
In regulation 6 there shall be added the following paragraphs —
5
Where a member is appointed a president or chairman of a tribunal in accordance with these Regulations and the duration of his membership of the tribunal would end by the application of paragraph (2)(a), his membership shall continue, except for the purposes of regulations 7(2) and 8(2), for a period which ends with the expiration of the prescribed period for the election of a president to fill the vacancy under regulation 7, or of a chairman to fill the vacancy under regulation 8, as the case may be, or when such an election of a president, or chairman, takes place, as the case may be, whichever is the earlier, in this regulation referred to as the “interim period”.
6
Where a president’s or chairman’s membership continues during the interim period in accordance with paragraph (5), a vacancy shall arise for the purposes of these Regulations in the case of a president for a member, a chairman and a president, and in the case of a chairman for a member and a chairman, from the expiration of the period referred to in regulation (2)(a) and, in particular, from that date that president or chairman shall not by virtue of the operation of this paragraph constitute one of the number of members determined in accordance with regulation 4(1), or one of the number of members to be appointed chairman determined in accordance with regulation 8(1).
.
President
6
1
In paragraph (3) of regulation 7 after “paragraph (2)” there shall be added “or (12)”.
2
In paragraph (5) of regulation 7 after the words “No other election” there shall be added the words “for the appointment of a president”.
3
For paragraph (8)(a) of regulation 7 there shall be substituted the following —
a
the expiration of the interim period referred to in regulation 6(5);
.
4
In regulation 7 there shall be added the following paragraph —
12
If the president is unable, through illness or absence from the United Kingdom or any other cause, to carry out his functions under these Regulations then those functions shall, with the authorisation in writing of the president or, if he is unable to provide it, of the clerk of the tribunal, be carried out by one of the chairmen of the tribunal appointed for this purpose by the members of the tribunal and elected by them by a simple majority of votes cast, each member having one vote.
.
Chairmen
7
1
For paragraph (2) of regulation 8 there shall be substituted the following —
2
The president shall constitute one of the chairmen and the members of a tribunal shall, in accordance with this regulation, appoint the remaining number of chairmen within the prescribed period by election from among their number.
.
2
For paragraph (9)(a) of regulation 8 there shall be substituted the following —
a
the expiration of the interim period referred to in regulation 6(5);
.
3
In the definition of “prescribed period” in paragraph (12) of regulation 8 after the words “the stated number,” there shall be added the words “or such a vacancy which would occur but for the application of regulation 6(5),”.
Jurisdiction
8
1
In regulations 16 and 35 there shall be added the following paragraph —
4
Where the appellant is a former member or employee of the tribunal by which, in pursuance of any provision of this regulation, his appeal would fall to be dealt with, and the president determines that it shall not be dealt with by the tribunal, it shall be dealt with by such other tribunal as may be appointed for the purpose by the Secretary of State.
.
2
Regulation 17 of the 1993 Regulations and regulation 32 of the Non–Domestic Rating Regulations shall be renumbered 17(1) and 32(1) respectively and there shall be added to each such regulation the following paragraph —
2
Where the appellant is a former member or employee of the tribunal by which, in pursuance of any provision of this regulation, his appeal would fall to be dealt with, and the president determines that it shall not be dealt with by the tribunal, it shall be dealt with by such other tribunal as may be appointed for the purpose by the Secretary of State.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
16th February 1995


text:
Now, therefore, Her Majesty, in pursuance of section 1(2) of the Armed Forces Act 1991 , is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: —
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the date immediately following 31st August 1995 (which is the date on which those Acts would otherwise expire).
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1995.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic Act 1991 (Amendment of Section 76(3)) Order 1995 and shall come into force on 3rd July 1995.
Amendment of the Road Traffic Act 1991
2
In section 76(3) of the Road Traffic Act 1991 (provisions ceasing to apply in a special parking area) the following paragraphs shall be substituted for paragraph (c) —
c
section 16(1) of the Act of 1984 so far as it relates to the contravention of any provision of an order or notice under section 14 of that Act —
i
prohibiting or restricting the waiting of vehicles on any road; or
ii
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act;
ca
section 35A(1) (contravention of parking place orders) of the Act of 1984 so far as it applies in relation to stationary vehicles;
cb
section 61(5) (prohibition of vehicles in loading areas) of the Act of 1984 so far as it applies in relation to stationary vehicles;.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1995


text:
1
This Order may be cited as the Free Zone (Humberside) Designation (Variation) Order 1995 and shall come into force on 12th April 1995.
2
The area designated a free zone by the Free Zone (Humberside) Designation Order 1994 shall be varied so as to consist of the area of 4.479 hectares in the parish of Stoneferry in the County of Humberside, shown enclosed by a red line on a map (being of a scale of 1:500), marked “Map referred to in article 2 of the Free Zone (Humberside) Designation (Variation) Order 1995”, signed by a Collector of Customs and Excise and dated 2nd February 1995.
3
The map referred to in article 2 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ (and a copy thereof at the offices of Transport Development Group Limited) in substitution for the map referred to in article 2 of the Free Zone (Humberside) Designation Order 1994.
Andrew Mitchell
Kenneth Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
11th April 1995


text:
1
This Order may be cited as the Finance Act 1995, section 63 (2), (Appointed Day) Order 1995.
2
The day appointed for the application of section 63 (2) of the Finance Act 1995 in relation to tax-exempt special savings accounts opened after that day is 1st January 1996.
SCT Matheson
GH Bush
Two of the Commissioners of Inland Revenue
11th December 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Spring Traps Approval Order 1995 and shall come into force on 10th October 1995.
2
Any reference in this Order to “the Schedule” is a reference to the Schedule to this Order.
Approval of spring traps
2
1
For the purposes of section 8(3) of the Pests Act 1954, the following spring traps are approved, namely —
a
any spring trap of a type and make specified in any entry in column (1) of the Schedule; and
b
any spring trap which is equivalent in all relevant respects to a spring trap of a type and make specified in any entry in column (1) of the Schedule.
2
The approvals given by paragraph (1) of this article relating to any spring trap specified in any entry in column (1) of the Schedule, and to any spring trap equivalent in all relevant respects to a spring trap so specified are subject to the conditions as to the animals for which and the circumstances in which the spring trap may be used specified in the corresponding entry in column (2) of the Schedule.
3
For the purposes of this Order, a spring trap is equivalent in all relevant respects to a spring trap of a type and make specified in the Schedule if it corresponds to the spring trap so specified in construction, in materials, in impact force or momentum, and in all other respects which are relevant to its effect or manner of operation as a trap.
Revocations
3
The following instruments are revoked —
a
the Spring Traps Approval Order 1975 ;
b
the Spring Traps Approval (Variation) Order 1982 ;
c
the Spring Traps Approval (Variation) Order 1988 ;
d
the Spring Traps Approval (Variation) Order 1993 .
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
4th September 1995


text:
Citation and commencement
1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment No. 2) Order 1995 and shall come into force on 2nd January 1996.
Amendments
2
In Schedule 1 to the Rent Officers (Additional Functions) Order 1995 —
a
in paragraph 4 in Part 1 of Schedule 1 (local reference rents) —
i
for the words in sub-paragraph (2)(b) before sub-paragraph (i) substitute —
if the tenant does not have the use under the tenancy of the dwelling of more than one bedroom or room suitable for living in,
ia
that under the assured tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;
;
ii
in sub-paragraph (2)(b)(ii) for “(otherwise than with a member of his household)”substitute “with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant”; and
iii
after sub-paragraph (3) insert —
3A
In sub-paragraph (2)(b) —
“bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than —
a member of his household;
a non-dependant (as defined in this sub-paragraph); or
a person who pays rent to the tenant; and
“non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the 1987 Regulations.
;
b
in paragraph 7(2) in Part 2 (housing associations and charities) for “a charity” substitute “or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes”; and
c
in paragraph 9 in Part 4 (indicative rent levels) —
i
in sub-paragraph (3)(d) after “two rooms” insert “and where none of paragraphs (a) to (c) applies”;
ii
in sub-paragraph (3)(e) after “three rooms” insert “and where none of paragraphs (a) to (d) applies”;
iii
in sub-paragraph (3)(f) after “four rooms” insert “and where none of paragraphs (a) to (e) applies”;
iv
in sub-paragraph (3)(g) after “five rooms” insert “and where none of paragraphs (a) to (f) applies”;
v
in sub-paragraph (3)(h) after “six rooms” insert “and where none of paragraphs (a) to (g) applies”; and
vi
in the definition of room in sub-paragraph (5) after “suitable for living in” insert
and in paragraphs (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than —
a member of his household;
a non-dependant of the tenant (within the meaning of regulation 3 of the 1987 Regulations); or
a person who pays rent to the tenant
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
4th December 1995
William Hague
Secretary of State for Wales
5th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 and shall come into force on 1st April 1995.
2
In this Order–
“the Authority” means the Family Health Services Appeal Authority established by this Order;
“the Regional Health Authority” means the Northern and Yorkshire Regional Health Authority .
Establishment of the Family Health Services Appeal Authority
2
There is hereby established a special health authority which shall be known as the Family Health Services Appeal Authority.
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give to the Authority , the Authority shall perform on behalf of the Secretary of State such of her appellate and other functions in connection with decisions and functions of Family Health Services Authorities, and such other functions, as the Secretary of State may direct the Authority to perform on her behalf.
Constitution of the Authority
4
The Authority shall consist of–
a
the chairman;
b
not more than three members who are not officers of the Authority;
c
the chief officer of the Authority; and
d
not more than two other members who are officers of the Authority.
Transfer of staff
5
Any officer of the Regional Health Authority who was, immediately before the date upon which this Order comes into force, employed by that Authority in its Family Health Services Appeal Unit (except the person who was immediately before that date acting as the Director of that unit) shall, on the date of the coming into force of this Order, be transferred to the Authority, and the contract of employment between each such officer and the Regional Health Authority shall be modified so as to substitute the Authority as the employer in place of the Regional Health Authority.
Enforceability of rights
6
Any right which was, immediately before 1st April 1995, enforceable by or against the Regional Health Authority as respects the exercise of its functions under the National Health Service (Appellate and Other Functions) Regulations 1992 shall on or after that date be enforceable by or against the Authority.
Remuneration of members
7
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).
Gerald Malone
Minister of State,
Department of Health
8th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) Regulations 1995 and shall come into force for the purposes of issuing general licences on 14th February 1995 and for all other purposes on 1st March 1995.
2
In these Regulations, unless the context otherwise requires —
“aircraft” means a fixed wing, swivel wing, rotary wing (helicopter), tilt rotor or tilt wing airborne vehicle;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community Licence” means an authorisation granted by a competent authority for the export of dual-use goods from the European Community under or for the purposes of the Regulation;
“competent authority” means the Secretary of State or any other competent authority empowered by a Member State to issue export authorisations for dual-use goods for the purposes of the Regulation;
“country”includes territory;
“the Decision” means Council Decision No. 94/942/ CFSP of 20th December 1994 on the joint action adopted by the Council of the European Union on the basis of Article J3 of the Treaty on European Union concerning the control of exports of dual-use goods ;
“dual-use goods”, shall have the same meaning as in the Regulation;
“export” means export from the United Kingdom, and “exporter” and other cognate expressions shall be construed accordingly;
“goods” means both used and unused goods;
“import” and “export” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Member State” means a Member State of the European Community;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“proper” shall have the same meaning as in the Customs and Excise Management Act 1979 ;
“the Regulation” means Council Regulation ( EC ) No. 3381/94 ;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“transit or transhipment” means transit or transhipment through the United Kingdom with a view to the re-exportation of the goods in question;
“vessel” includes any ship, surface effect vehicle, small waterplane area vessel and hydrofoil, and the hull or part of the hull of a vessel.
3
In these Regulations numerical references in Schedule 1 hereto to standards and recommendations are references to the relevant standards and recommendations so numbered with such amendments (if any) thereto as may have been published before the making of these Regulations.
Granting and Revocation etc. of Licences
2
1
The Secretary of State may
a
grant licences and Community Licences, and
b
give notice for the purposes of Article 4 of the Regulation.
2
Any licence or Community Licence granted by the Secretary of State in pursuance of these Regulations or having effect as if so granted may be either general, or special, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Secretary of State.
3
Any licence or Community Licence referred to in paragraph (2) above may be subject to or without conditions and any such condition may require or prohibit any act before or after the exportation of goods under that licence.
Dual-Use and Related Goods
3
1
As provided in these Regulations,
a
a Community Licence shall be the authorisation required by Article 3 of the Regulation for the export from the European Community of all goods of a description specified in Schedule 1 hereto (which reproduces the list of dual-use goods in Annex I to the Decision); and
b
a licence granted by the Secretary of State shall be the authorisation required by Articles 19.1(b) and 21 of the Regulation for the export to another Member State of all goods specified in Schedule 2 hereto (which reproduces the list of dual-use goods in Annex IV to the Decision).
2
Subject to the provisions of these Regulations,
a
all the following goods are prohibited to be exported to any destination:
i
all goods of a description specified in Schedule 3 hereto;
ii
any dual-use goods which have been imported into the United Kingdom for transit or transhipment;
iii
any goods other than dual-use goods which
aa
the exporter has been informed by a competent authority are or may be intended, wholly or in part, to be used in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or the development, production, maintenance or storage of missiles capable of delivering such weapons; or
bb
the exporter knows are intended, wholly or in part, to be used in connection with one of the activities referred to in sub-paragraph (aa) above; or
iv
any goods which the exporter has grounds for suspecting might be used, wholly or in part, in connection with an activity referred to in sub-paragraph (aa) above unless he has made all reasonable enquiries as to their proposed use and satisfied himself that they will not be so used; and
b
all the following goods are prohibited to be exported to any destination in a Member State:
i
all goods specified in Schedule 4 hereto; and
ii
any goods of a description specified in Schedule 1 hereto in respect of which the exporter knows at the time of export that the final destination of those goods is outside the European Community and no processing or working is to be performed on those goods in any Member State to which they are exported, and in this sub-paragraph, “processing or working” has the same meaning as in Article 24 of Council Regulation ( EEC ) No. 2913/92 establishing the Community Customs Code .
3
Subject to the provisions of these Regulations, paragraph (2) above shall not prohibit the export of any goods in relation to which a licence has been granted by the Secretary of State or a Community Licence has been granted by a competent authority, provided that all conditions attaching to the said licence or Community Licence are complied with.
4
Paragraph (3) shall not apply to permit the export of any goods to any destination outside the European Community in relation to which a Community Licence has been granted where the Secretary of State has given notice to the proper officer of Customs and Excise that he considers that such an export would be contrary to the essential foreign policy or security interests or to the fulfilment of the international obligations or commitments of the United Kingdom.
5
Any goods referred to in paragraph (1) above in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where the proper officer of Customs and Excise or the Secretary of State has grounds for suspicion that
i
relevant information was not taken into account when the authorisation was granted; or
ii
circumstances have materially changed since the issue of the authorisation.
Exceptions
4
Nothing in these Regulations shall prohibit the export of:
Aircraft
a
i
any aircraft which is being exported after temporary import into the United Kingdom provided that there has been no change of ownership or registration since such import;
ii
any aircraft on a scheduled journey;
Vessels
b
i
any vessel registered or constructed outside the United Kingdom which is being exported after temporary import into the United Kingdom;
ii
any vessel which is departing temporarily from the United Kingdom on trials;
iii
any vessel proceeding on a normal commercial journey.
Goods in Transit
5
1
Nothing in these Regulations shall prohibit the export of any goods, other than goods to which sub-paragraph 2(a)(iii) or (iv) of regulation 3 above applies, which have been imported into the United Kingdom for transit or transhipment to any destination other than a destination in Iran, Iraq, Libya, North Korea, Serbia, Montenegro, the United Nations Protected Areas in Croatia or those areas of Bosnia-Herzegovina under the control of the Bosnian-Serb forces, provided that the conditions in paragraph (2) below are met.
2
The conditions are that
a
the goods remain on board a ship or aircraft for the period that they remain in the United Kingdom or are goods on a through bill of lading or through air waybill and in any event are exported within 30 days of their import;
b
the destination for those goods following export has been determined in the country from which they were originally exported prior to their original export in connection with the transaction which has given rise to transit or transhipment and has not been changed prior to their export, or the goods are being returned to that country; and
c
the goods in question were exported from that country in accordance with any laws or regulations relating to the export of goods applying therein at the time of export therefrom of those goods.
Customs powers to demand evidence of destination which goods reach
6
Any exporter of goods shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted for the purposes of these Regulations, or
b
a destination to which their export was not prohibited by these Regulations;
and, if he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Misleading applications for licences etc.
7
For the purpose of obtaining any licence from the Secretary of State or any Community Licence from any competent authority no person shall —
a
make a statement or furnish any document or information which to his knowledge is false in a material particular; or
b
recklessly make any statement or furnish any document or information which is false in a material particular;
and any licence or Community Licence which may have been granted by the Secretary of State in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
Failure to comply with licence conditions
8
1
Subject to paragraph (2) below, any person who
a
has exported goods from the the United Kingdom or from the European Community under the authority of a licence or Community Licence, as the case may be, granted by the Secretary of State, or from the European Community under the authority of a Community Licence sought by or on behalf of a person in, or established in, the United Kingdom; and
b
fails to comply with any condition attaching to that licence or Community Licence, as the case may be;
shall be guilty of an offence and liable
i
on summary conviction to a fine not exceeding the statutory maximum, and
ii
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
2
No person shall be guilty of an offence under paragraph (1) above where he proves —
a
that the condition with which he failed to comply was modified, otherwise than with his consent,
i
in the case of a licence, by the Secretary of State, or
ii
in the case of a Community Licence, by the Secretary of State or other competent authority who granted that Community Licence; and
b
that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom in the case of a licence or from the European Community in the case of a Community Licence.
Registration with the Secretary of State
9
1
Before or within 30 days after the first export of any goods from the United Kingdom or from the European Community by a person under the authority of any licence or Community Licence, as the case may be, granted by the Secretary of State that does not provide otherwise, that person shall give written notice to the Secretary of State of the following particulars —
i
the name of the person; and
ii
the address at which copies of the records referred to in regulation 10 below may be inspected by any person authorised by the Secretary of State or the Commissioners under regulation 10.
2
After any change in any of the said particulars, before or within 30 days after the first export from the United Kingdom or the European Community, as the case may be, of any goods under the authority of any such licence that does not provide otherwise, the said person shall give written notice to the Secretary of State of that change.
3
Any notice to be given by a person under paragraph (1) or (2) above, may be given by the agent of that person and shall be sent by post or delivered to the Secretary of State at The Export Control Compliance Unit, DTI , Kingsgate House, 66-74 Victoria Street, London SW1E 6SW.
4
Paragraph (3) above shall apply for the provision of details to the competent authorities in accordance with Article 19(2) of the Regulation; and paragraph (2) above shall apply in respect of any change in any of those details as it applies in respect of any change in any of the particulars of which notice is given in accordance with paragraph (1) above.
Record keeping and inspection
10
1
Any person established in the United Kingdom who exports any goods from the European Community under the authority of a Community Licence shall maintain records in relation to each such export that contain the following information:
a
a description of the goods;
b
the quantity of the goods;
c
his name and address;
d
the name and address of any consignee of the goods;
e
in so far as it is known to him, the end-use of the goods and the name and address of the end-user;
f
in the case of goods exported from the United Kingdom or the European Community under the authority of a licence or a Community Licence, as the case may be, any further information required by the licence or Community Licence to be kept;
and any such records shall be kept for at least 3 years from the end of the calendar year in which the export took place; and he shall permit any such records to be inspected, and copied, by any person authorised by the Secretary of State or the Commissioners.
2
Any person who has been granted a licence or Community Licence under these Regulations in relation to the export from the United Kingdom or the European Community, as the case may be, of any goods shall, upon request in writing, by the Secretary of State or the Commissioners, produce any documents or other records he may hold that relate to his application for that licence or Community Licence; and any such documents or records shall be kept for at least 3 years from the end of the calendar year in which such application was made; and he shall permit any such documents or records to be inspected, and copied, by any person authorised by the Secretary of State or the Commissioners.
3
Any person authorised by the Secretary of State or the Commissioners shall, on producing, if required to do so, a duly authenticated document showing his authority, have the right at all reasonable hours to enter the premises for the purpose of paragraph (1) above the address of which has most recently been notified to the Secretary of State under regulation 9, or, for the purpose of paragraph (2) above, any address notified for this purpose by the exporter to a competent authority when applying for a licence.
4
Where any documents or records referred to in paragraph (1) or (2) above are kept in a form which is not legible the exporter shall at the request of the person authorised by the Secretary of State or the Commissioners, as the case may be, reproduce such documents or records in a legible form.
5
The documents and records to be kept in accordance with Article 19(2) of the Regulation shall be the records referred to in paragraph (1) above; and paragraphs (3) and (4) above and the provision in paragraph (1) above relating to inspection and copying shall apply for the production of such documents and records to the competent authorities in accordance with the said Article 19(2) as they apply in respect of records referred to in paragraph (1) above or (as the case may be) in respect of entry into premises for the purpose of paragraph (1) above.
Penalties for failure to comply with these Regulations
11
1
Any person who fails to comply with regulation 3(2) above shall be guilty of an offence under these Regulations and may be arrested, and for these purposes section 68(2) of the Customs and Excise Management Act 1979 shall not apply.
2
A person guilty of an offence under paragraph (1) above shall be liable —
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
3
Any person who fails to comply with regulation 7, 9 or 10 above or Article 19(1)(a) or (2) of the Regulation shall be guilty of an offence under these Regulations and shall be liable —
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
4
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offence in paragraph (1) above, which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it, as if it was mentioned in that subsection; and accordingly such offence shall be an arrestable offence within the meaning of that Act.
5
In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offence in paragraph (1) above, which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it, as if it was mentioned in that paragraph; and accordingly such offence shall be an arrestable offence within the meaning of that Order.
Customs and Excise
12
1
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offence under regulation 11 above in the event of contravention of regulation 3(2) above as it applies to arrest of any person for any offence under the customs and excise Acts.
2
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences above as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
3
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence of failing to comply with regulation 7, 8, 9 or 10 of these Regulations.
4
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of the said Act.
Amendments to the Export of Goods (Control) Order 1994
13
The Export of Goods (Control) Order 1994 shall be further amended as follows:
a
in article 1(2), after the definition of “software” there shall be inserted the following:
‘stores’ shall not include any goods to which the Dual-Use and Related Goods (Export Control) Regulations 1995 apply;
;
b
the following shall be deleted:
i
in article 1(2), the following definitions: “normal commercial journey” and “scheduled journey”;
ii
article 1(3)(b);
iii
in article 3, sub-paragraphs (b), (c)(ii) and (d)(iii); and
iv
in Schedule 1, in the Contents the references to Part II and Groups 2 and 3 of Part III, Part II and Groups 2 and 3 of Part III.
Saving for export licences for dual use goods granted under the Export of Goods (Control) Order 1994
14
Nothing in these Regulations shall affect any licence for the export of dual-use goods granted by the Secretary of State in pursuance of article 3(a) of the Export of Goods (Control) Order 1994 or having effect as if so granted and which is in force on the date these Regulations come into force.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
4th February 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Motorways Traffic (England and Wales) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
Amendments to Regulation 12
2
1
Regulation 12 of the Motorways Traffic (England and Wales) Regulations 1982 shall be amended as follows.
2
In paragraph (1), for sub–paragraph (b) there shall be substituted the following sub–paragraph —
b
a passenger vehicle which is constructed or adapted to carry more than eight seated passengers in addition to the driver the maximum laden weight of which exceeds 7.5 tonnes;
.
3
For paragraph (5) there shall be substituted the following paragraph —
5
In this Regulation “goods vehicle”, “passenger vehicle” and “maximum laden weight” have the same meanings as in Schedule 6 to the 1984 Act.
.
Brian S. Mawhinney
Secretary of State for Transport
23rd January 1995
John Redwood
Secretary of State for Wales
24th January 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Waltham Forest) Red Route (Clearway) Traffic Order 1995, and shall come into force on 25th September 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and "relevant position" in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted;
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Waltham Forest (Waiting and Loading Restriction) Order 1977 [GCC TMO 1977 510] is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Waltham Forest (Waiting and Loading Restriction) Order 1977 [GCC TMO 1977 510] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995