text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 1995 and shall come into force on 10th August 1995.
Interpretation
2
In these Regulations unless the context otherwise requires “the principal Regulations ” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1992 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
the following definition shall be inserted before the definition of “the Taxes Act” —
“specified cases” means all cases other than those where, in relation to an accounting period —
a friendly society has entered an appeal against an assessment or the refusal of a claim,
the appeal concerns the calculation, or exemption from tax, of profits of life or endowment business, and
the hearing of that appeal by the General Commissioners or the Special Commissioners has begun on or before 21st April 1995;
;
b
the following definition shall added at the end —
“the 1992 Act ” means the Taxation of Chargeable Gains Act 1992 .
.
4
After regulation 3 there shall be inserted the following regulations —
Modifications of section 72 of the Finance Act 1960
3A
1
Paragraphs (2) and (3) prescribe modifications of section 72 of the Finance Act 1960 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 4th May 1966 but before 6th April 1970.
2
In subsection (2) for the words following “foregoing subsection” there shall be substituted the words “is machinery or plant provided for use or used for the purposes of the management of the taxable life or endowment business of a friendly society”.
3
After subsection (2) there shall be inserted —
2A
in subsection (2) of this section “taxable life or endowment business” means life or endowment business (construed in accordance with section 29(8) of the Finance Act 1966 ) which is not exempt from corporation tax by virtue of section 440(1) of the Income Tax Act 1952 .
.
Modifications of section 69 of the Finance Act 1965
3B
1
Paragraphs (2) to (4) prescribe modifications of section 69 of the Finance Act 1965 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 4th May 1966 but before 6th April 1970.
2
In subsection (1) —
a
The following paragraph shall be inserted before paragraph (a) —
za
the amount treated as expenses of management shall be restricted to expenses referable to life or endowment business (construed in accordance with section 29(8) of the Finance Act 1966) which is not exempt from corporation tax by virtue of section 440(1) of the Income Tax Act 1952;
;
b
in paragraph (a) after the words “expenses of management” there shall be inserted the words “(as so restricted)”.
3
In paragraph (b) of subsection (3) for the words “that business” there shall be substituted the words “taxable general annuity business”.
4
After subsection (9) there shall be added —
10
In subsection (3)(b) above “taxable general annuity business” means general annuity business other than general annuity business the profits arising from which are exempt from tax by virtue of section 440(1) of the Income Tax Act 1952.
.
Modifications of section 305 (1) of the Income and Corporation Taxes Act 1970
3C
1
Paragraphs (2) and (3) prescribe modifications of section 305(1) of the Income and Corporation Taxes Act 1970 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988.
2
The following paragraph shall be inserted before paragraph (a) —
za
the amount treated as expenses of management shall be restricted to expenses referable to life or endowment business (construed in accordance with section 337(2) below) which is not exempt from corporation tax by virtue of section 332(1) below;
.
3
in paragraph (a) after the words “expenses of management” there shall be inserted the words “(as so restricted)”.
Modifications of section 306 of the Income and Corporation Taxes Act 1970
3D
1
Paragraphs (2) and (3) prescribe modifications of section 306 of the Income and Corporation Taxes Act 1970 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988.
2
In subsection (1) for the words from “of the business” to “of life assurance,” there shall be substituted the words “of the taxable life or endowment business of a friendly society”.
3
After subsection (1) there shall be inserted —
1A
In subsection (1) above “taxable life or endowment business” means life or endowment business (construed in accordance with section 337(2) below) which is not exempt from corporation tax by virtue of section 332(1) below.
.
3E
1
Paragraphs (2) and (3) prescribe modifications of section 306 of the Income and Corporation Taxes Act 1970 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1988 but before 6th April 1990.
2
In subsection (1) for the words from “of the business” to “of life assurance,” there shall be substituted the words “of the taxable life or endowment business of a friendly society”.
3
After subsection (1) there shall be inserted —
1A
In subsection (1) above “taxable life or endowment business” means life or endowment business (construed in accordance with section 466(1) of the Taxes Act 1988 ) which is not exempt from corporation tax by virtue of section 460 (1) of that Act
.
Modifications of section 313 of the Income and Corporation Taxes Act 1970
3F
1
Paragraphs (2) and (3) prescribe modifications of section 313 of the Income and Corporation Taxes Act 1970 so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1970 but before 6th April 1988.
2
In subsection (1) for the words “that business” there shall be substituted the words “taxable general annuity business”.
3
After subsection (6) there shall be added —
7
In subsection (1) above “taxable general annuity business” means general annuity business other than general annuity business the profits arising from which are exempt from tax by virtue of section 332(1) below.
.
Modification of section 75 (3) of the Taxes Act
3G
1
Paragraph (2) prescribes a modification of subsection (3) of section 75 of the Taxes Act so far as it applies in designated cases to the life or endowment business carried on by friendly societies where an excess such as is mentioned in that subsection arises for an accounting period beginning on or after 1st January 1990.
2
In paragraph (b), after the words “expenses of management” there shall be inserted the words “referable to business chargeable to corporation tax”.
3
In paragraph (1) “designated cases” means all cases where —
a
expenses of management have been disbursed in the accounting period,
b
some of those expenses, when disbursed, were referable to business exempt from corporation tax by virtue of section 460(1) of the Taxes Act, and
c
in relation to the accounting period the case was not a specified case.
Modifications of section 76 (1) of the Taxes Act
3H
1
Paragraphs (2) and (3) prescribe modifications of section 76(1) of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1988 but beginning before 1st January 1990.
2
The following paragraph shall be inserted before paragraph (a) —
za
the amount treated as expenses of management shall be restricted to expenses referable to life or endowment business (construed in accordance with section 466(1)) which is not exempt from corporation tax by virtue of section 460(1);
.
3
In paragraph (a) after the words “expenses of management” there shall be inserted the words “(as so restricted)”.
3I
1
Paragraphs (2) and (3) prescribe modifications of subsection (1) of section 76 of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1990 but before 1st January 1992.
2
In paragraph (ca) for the words from “referable” to the end there shall be substituted the words “referable to taxable basic life assurance business”.
3
In paragraph (e) for the words from “referable” to the end there shall be substituted the words “referable to taxable basic life assurance business”.
3J
1
Paragraph (2) prescribes a modification of subsection (1) of section 76 of the Taxes Act so far as it applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1990 but before 1st January 1992.
2
In paragraph (d) after the words“referable to” there shall be inserted the words “tax exempt basic life assurance business”.
3K
1
Paragraphs (2) and (3) prescribe modifications of subsection (1) of section 76 of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1992.
2
In paragraph (ca) for the words from“referable” to the end there shall be substituted the words “referable to taxable basic life assurance and general annuity business”.
3
In paragraph (e) for the words from “referable” to the end there shall be substituted the words “referable to taxable basic life assurance and general annuity business”.
3L
1
Paragraph (2) prescribes a modification of subsection (1) of section 76 of the Taxes Act so far as it applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1992.
2
In paragraph (d) after the words “referable to” there shall be inserted the words “tax exempt basic life assurance and general annuity business”.
.
5
1
In regulation 8(1A) , for the words “subsection (8)” there shall be substituted the words “subsection (1A) or (7A)” .
2
Paragraph (1) shall have effect for accounting periods of friendly societies beginning on or after 1st January 1994.
6
After regulation 10 there shall be inserted the following regulations —
Modifications of section 437 of the Taxes Act
10A
1
Paragraphs (2) and (3) prescribe modifications of section 437 of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1988 but beginning before 1st January 1992.
2
In subsection (1) for the words “that business” there shall be substituted the words “taxable general annuity business”.
3
After subsection (6) there shall be added —
7
In subsection (1) above “taxable general annuity business” means general annuity business other than general annuity business the profits arising from which are exempt from tax by virtue of section 460(1).
.
10B
1
Paragraph (2) prescribes a modification of section 437 of the Taxes Act so far as it applies to life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1992.
2
In subsection (1A) there shall be inserted after the words “that they” the words “are referable to taxable basic life and general annuity business and”.
Modifications of section 440 of the Taxes Act
10C
1
Paragraphs (3) and (4) prescribe modifications of section 440 of the Taxes Act so far as it applies to the life or endowment business carried on by friendly societies in a case specified in paragraph (2).
2
A case specified in this paragraph is any case where, on or after 20th March 1990 but before 1st January 1995 —
a
A non-directive society becomes a directive society, or
b
a non-directive society, pursuant to conditions imposed by the Friendly Societies Commission under section 37(8) of the Friendly Societies Act 1992 , separates the funds maintained in respect of the society’s long term business from other funds maintained in respect of the society’s business.
3
In subsection (1), before the words “If at any time” there shall be inserted the words “Subject to subsection (4A) below,”.
4
After subsection (4) there shall be inserted —
4A
Subsection (1) above shall not have effect in relation to the transfer of assets from the category set out in paragraph (e) of subsection (4) above to the category set out in paragraph (d) of that subsection.
.
.
7
1
In regulation 18(2), in the substituted subsection (2) of section 83 of the Finance Act 1989 , for the words “or “Other income”” in both places where they occur there shall be substituted the words “, “Other income ” or “Other expenditure””.
2
Paragraph (1) shall have effect for accounting periods of friendly societies beginning on or after 1st January 1990 but before 1st January 1995.
8
After regulation 18 there shall be inserted the following regulation —
Modifications of section 28 of the Capital Allowances Act 1990
18A
1
Paragraphs (2) and (3) prescribe modifications of section 28 of the Capital Allowances Act 1990 so far as it applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods ending on or after 6th April 1990 but beginning before 1st January 1995.
2
In subsection (1) for the words from “of the business” to “of life assurance,” there shall be substituted the words “of the taxable life or endowment business of a friendly society”.
3
After subsection (1) there shall be inserted —
1A
In subsection (1) above “taxable life or endowment business” means life or endowment business (construed in accordance with section 466(1) of the principal Act) which is not exempt from corporation tax by virtue of section 460(1) of that Act.
.
.
9
After regulation 19 there shall be inserted the following regulations —
Modifications of Schedule 8 to the Finance Act 1990
19A
1
Paragraphs (2) and (3) prescribe modifications of paragraph 1 of Schedule 8 to the Finance Act 1990 so far as it applies to the life or endowment business carried on by friendly societies and paragraph (4) prescribes a further modification of that paragraph so far as it applies to the life or endowment business carried on by non-directive societies.
2
After sub-paragraph (1) (e) there shall be added —
f
“tax exempt basic life assurance and general annuity business”, “taxable basic life assurance and general annuity business”, “taxable basic life assurance business” and “taxable general annuity business” shall be construed in accordance with section 431 (2) of the Taxes Act 1988 .
.
3
In sub-paragraph (2), before the words “basic life assurance business” and “general annuity business”, wherever occurring, there shall be inserted the word “taxable”.
4
The following sub-paragraph shall be added at the end —
3
References in this Schedule to assets, in relation to a company’s long term business fund, have the same meaning as in section 432A(1) of the Taxes Act 1988 .
.
19B
1
Paragraphs (2) and (3) prescribe modifications of paragraph 3 of Schedule 8 to the Finance Act 1990 so far as it applies to the life or endowment business carried on by friendly societies.
2
In sub-paragraph (1)(c) —
a
before the words “basic life assurance and general annuity business” where they first occur there shall be inserted the word “taxable”; and
b
for the words “basic life assurance and general annuity business” where they secondly occur there shall be substituted the words “taxable basic life assurance and general annuity business or tax exempt basic life assurance and general annuity business”.
3
In sub-paragraph (2) (a), after the words “pension business” there shall be inserted the words “or tax exempt basic life assurance and general annuity business”.
.
10
After regulation 20 there shall be inserted the following regulation —
Modification of paragraph 16 of Schedule 7 to the Finance Act 1991
20A
1
Paragraph (2) prescribes a modification of paragraph 16 of Schedule 7 to the Finance Act 1991 so far as it as applies in specified cases to the life or endowment business carried on by friendly societies for accounting periods beginning on or after 1st January 1992.
2
In sub-paragraph (7), in the definition of “general annuity contract”, before the words “general annuity business” there shall be inserted the word “taxable”.
.
11
For regulation 21 there shall be substituted —
Modifications of section 212 of the 1992 Act
21
1
Paragraph (3) prescribes a modification of section 212 of the 1992 Act so far as it applies to the life or endowment business carried on by friendly societies and paragraph (4) prescribes a further modification of that section so far as it applies to the life or endowment business carried on by non-directive societies.
2
This regulation has effect for accounting periods of incorporated friendly societies beginning on or after 19th February 1993, and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993.
3
In subsection (2), before the words “or to assets” there shall be inserted the words “or tax exempt basic life assurance and general annuity business”.
4
The following subsection shall be added at the end —
9
In subsection (1) above, the word “assets” in the expression “assets of an insurance company’s long term business fund” shall be construed in accordance with the word “assets” in the expression “assets of the company’s long term business fund” in subsection (11) of section 432A of the Taxes Act.
.
.
12
After regulation 21 there shall be inserted the following regulations —
Modification of section 213 (1A) of the 1992 Act
21A
1
Paragraph (2) prescribes a modification of subsection (1A) of section 213 of the 1992 Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods of incorporated friendly societies beginning on or after 19th February 1993 and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993.
2
In paragraph (a) after the words “referable to” there shall be inserted the word “taxable”.
Modifications of section 214 of the 1992 Act
21B
1
Paragraphs (2) to (5) prescribe modifications of section 214 of the 1992 Act so far as it applies to the life or endowment business carried on by friendly societies and paragraph (6) prescribes a further modification of that section so far as it applies to the life or endowment business carried on by non-directive societies for accounting periods beginning on or after 6th April 1992.
2
In subsection (1)(c), before the words “basic life assurance” there shall be inserted the word “taxable”.
3
In subsection (2), before the words “basic life assurance business” and before the words “general annuity business”, wherever occurring, there shall be inserted the word “taxable”.
4
In subsection (6)(c) —
a
before the words “basic life assurance and general annuity business” where they first occur there shall be inserted the word “taxable”; and
b
for the words “basic life assurance and general annuity business” where they secondly occur there shall be substituted the words “taxable basic life assurance and general annuity business or tax exempt basic life assurance and general annuity business”.
5
In subsection (7)(a), after the words “pension business” there shall be inserted the words “or tax exempt basic life assurance and general annuity business”.
6
The following subsection shall be added at the end —
13
References in this section to assets, in relation to a company’s long term business fund, have the same meaning as in section 432A (1) of the Taxes Act.
.
Modifications of section 214A of the 1992 Act
21C
1
Paragraphs (2) and (3) prescribe modifications of section 214A of the 1992 Act so far as it applies to the life or endowment business carried on by friendly societies for accounting periods of incorporated friendly societies beginning on or after 19th February 1993 and for accounting periods of friendly societies other than incorporated friendly societies beginning on or after 1st January 1993.
2
In subsection (4), before the words “basic life assurance”, wherever occurring, there shall be inserted the word “taxable”.
3
In subsection (11) —
a
before the words “basic life assurance” there shall be inserted the word “taxable”; and
b
in paragraph (a), after the words “pension business” there shall be inserted the words “,tax exempt basic life assurance and general annuity business”.
.
13
Regulation 19 is hereby revoked.
Derek Conway
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Education (University Commissioners) Order 1995 and shall come into force on 31st March 1995.
Continuation of duties and powers
2
The University Commissioners' duties and powers shall continue for the period from 1st April 1995 until 1st April 1996.
Gillian Shephard
Secretary of State for Education
7th March 1995


text:
Citation and commencement
1
1
This Order may be cited as the Grampian Combined Police Area Amalgamation Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Grampian Combined Police Area Amalgamation Scheme 1995
2
The Grampian Combined Police Area Amalgamation Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) and Council Tax Benefit (Permitted Total) (Pensions for War Widows) Amendment Order 1995 and shall come into force on 28th October 1995, except that article 4 shall come into force on 2nd January 1996 immediately after the Housing Benefit Order 1995 comes into force.
2
In this Order —
“the Council Tax Benefit Order ” means the Council Tax Benefit (Permitted Total) Order 1994 ;
“the Housing Benefit Order 1994 ” means the Housing Benefit (Permitted Totals) Order 1994 ; and
“the Housing Benefit Order 1995” means the Housing Benefit (Permitted Totals) Order 1995 .
Amendment of the Council Tax Benefit Order
2
The Council Tax Benefit Order shall be amended by inserting, after article 2, a new article 2A —
Permitted total of benefit in modified schemes
2A
For the purpose of section 139(7) of the Social Security Administration Act 1992 (modifications other than war disablement pension or war widows pension within the Act), the permitted total of council tax benefit for the year commencing on 1st April 1995 in relation to an authority shall be the total of the amounts obtained by deducting 100% of any council tax benefit awarded as a consequence of any determination to disregard which that authority has made during that year pursuant to a modification adopted under section 139(6)(b) of that Act (power to modify council tax benefit schemes as prescribed) and regulation 8 of the Income-related Benefits Schemes Amendment ( No. 2) Regulations 1995 (power to modify in respect of certain pensions to war widows) from the total council tax benefit granted by that authority during that year and multiplying the resulting figure by 100.7%.
.
Amendment of the Housing Benefit Order 1994
3
The Housing Benefit Order 1994 shall be amended by inserting, after article 2, a new article 2A —
Permitted totals of benefit in modified schemes
2A
For the purpose of section 134(9) of the Social Security Administration Act 1992 (modifications other than war disablement pension or war widows pension within the Act), the permitted total of rebates or allowances for the year commencing on 1st April 1995 in relation to an authority shall be the total of the amounts obtained by deducting 100% of any housing benefit awarded as a consequence of any determination to disregard which that authority has made during that year pursuant to a modification adopted under section 134(8)(b) of that Act (power to modify housing benefit schemes as prescribed) and regulation 7 of the Income-related Benefits Schemes Amendment (No. 2) Regulations 1995 (power to modify in respect of certain pensions to war widows) from the total housing benefit granted by that authority during that year and multiplying the resulting figure by 100.7%.
.
Amendment of the Housing Benefit Order 1995
4
The Housing Benefit Order 1995 shall be amended by inserting, after article 4, a new article 4A —
Permitted totals of benefit in modified schemes
4A
For the purpose of section 134(9) of the Social Security Administration Act 1992 (modifications other than war disablement pension or war widows pension within the Act), the permitted total of rebates or allowances for the year commencing on 1st April 1995 in relation to an authority shall be the total of the amounts obtained by deducting 100% of any housing benefit awarded as a consequence of any determination to disregard which that authority has made during that year pursuant to a modification adopted under section 134(8)(b) of that Act (power to modify housing benefit schemes as prescribed) and regulation 7 of the Income-related Benefits Schemes Amendment (No. 2) Regulations 1995 (power to modify in respect of certain pensions to war widows) from the total housing benefit granted by that authority during that year and multiplying the resulting figure by 100.7%.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
26th October 1995


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1995 and shall come into force on 28th February 1995.
Amendment of the Dairy Produce Quotas Regulations 1994
2
The Dairy Produce Quotas Regulations 1994 shall be amended in accordance with regulation 3 below.
3
In regulation 6 (adjustment of purchaser quota) —
a
in paragraph (2), for the words “Subject to paragraph (2A) below,” there shall be substituted the words “Subject to paragraphs (2A) and (2B) below,”;
b
after paragraph (2A), there shall be inserted the following paragraph —
2B
In the case of a transaction which takes place on 1st March 1995 to which the second subparagraph of Article 2(2) of the Council Regulation applies, the requirements of the Intervention Board upon a purchaser in Northern Ireland whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 15) specified in paragraph (6A) below shall have effect in place of those specified in paragraph (2) above.
;
c
after paragraph (6) there shall be inserted the following paragraph —
6A
The requirements of the Intervention Board specified in this paragraph, to which paragraph (2B) above refers, are that the purchaser shall submit to the Intervention Board no later than 8th March 1995, in a form prescribed for this purpose by the Intervention Board, such details of each producer registered with that purchaser on 1st March 1995 as the Intervention Board reasonably may require.
;
d
after paragraph (9), there shall be inserted the following paragraphs —
10
Any purchaser in Northern Ireland who purchases milk on 1st March 1995, other than a purchaser to whom paragraph (2B) above applies, shall submit to the Intervention Board the details required to be submitted by virtue of paragraph (6A) above as if a transaction specified in paragraph (2B) above, affecting that purchaser, had taken place.
11
A purchaser who submits to the Intervention Board details pursuant to paragraph (6A) or (10) above shall submit such further information relating to those details as the Intervention Board reasonably may require, within 10 working days of receipt by that purchaser of the request to provide that further information.
12
By 28th March 1995 each body corporate in Northern Ireland which ceases to be a purchaser on 28th February 1995 shall submit to the Intervention Board in a form prescribed by it for that purpose, such details of deliveries made to that body corporate as purchaser from 1st April 1994 to 28th February 1995 inclusive, adjusted in accordance with Article 2(2) of the Commission Regulation, as the Intervention Board reasonably may require.
.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
30th January 1995
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
31st January 1995


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 4) Regulations 1995 and shall come into force on 1st June 1995.
2
The Value Added Tax (General) Regulations 1985 shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 57A —
a
the word “and” immediately before paragraph (c) shall be omitted;
b
after the words “member State” in paragraph (c) there shall be inserted —
; and
d
the goods are not goods in relation to whose supply the taxable person has opted, pursuant to section 50A of the Value Added Tax Act 1994 , for tax to be charged by reference to the profit margin on the supply.
4
In regulation 57B —
a
the word “and” immediately before paragraph (c) shall be omitted;
b
after the words “Regulations 1992” in paragraph (c) there shall be inserted —
; and
d
the goods are not goods in relation to whose supply the taxable person has opted, pursuant to section 50A of the Value Added Tax Act 1994, for tax to be charged by reference to the profit margin on the supply
New King’s Beam House 22 Upper Ground London SE1 9PJ
Leonard Harris
Commissioner of Customs and Excise
11th May 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Plant Protection Products Regulations 1995, shall apply in Great Britain and shall come into force on 17th April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1985 Act ” means the Food and Environment Protection Act 1985 ;
“active substance” means any substance or micro-organism, including a virus, having general or specific action against harmful organisms or on plants, parts of plants or plant products;
“animals” means animals belonging to species normally fed and kept or consumed by man;
“approval” in relation to a plant protection product means an administrative act under these Regulations by which the Ministers , following an application submitted by an applicant, approve the placing on the market or use of that plant protection product in the whole or any part of Great Britain and “approved” shall be construed accordingly;
“ the Commission ” means the Commission of the European Communities;
“contravenes” includes “fails to comply with”;
“ the Directive ” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market , as amended by Commission Directive 93/71/EEC , Commission Directive 94/37/ EC , Commission Directive 94/79/EC and Council Directive 94/43/EC ;
“the EEA ” means the European Economic Area established under the EEA Agreement;
“the EEA Agreement” means the Agreement on the EEA signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Part to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“the environment” means water, air, land, wild species of fauna and flora, and any interrelationship between them, as well as any relationship with living organisms;
“harmful organisms” means pests of plants or plant products belonging to the animal or plant kingdom, viruses, bacteria and mycoplasmas and other pathogens;
“integrated control” means the rational application of a combination of biological, biotechnological, chemical, cultural or plant-breeding measures whereby the use of chemical plant protection products is limited to the minimum strictly necessary to maintain harmful organisms below levels above which economically unacceptable damage or loss would occur;
“International Organisation for Standardisation” means the institution of that name founded in 1947 and currently having its headquarters at 1 Rue de Varembe CP 56, 1211 Geneva 20, Switzerland;
“International Union of Pure and Applied Chemistry” means the institution of that name founded in 1919 and currently having its headquarters at Bank Court Chambers, 2-3 Pound Way, Templars Square, Cowley, Oxford OX4 3YF;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
“new active substance” means any active substance which is not an old active substance;
“old active substance” means any active substance which was on the market —
in Austria, Finland, Iceland, Norway, Sweden and, in so far as Liechtenstein is an EEA State, Liechtenstein, on or before 1st July 1994;
in other States within the EEA, on or before 26th July 1993;
“placing on the market” means any supply, whether in return for payment or not, within Great Britain, including importation into Great Britain from outside the EEA, other than a supply for storage followed by consignment from the EEA or disposal, and “place on the market” shall be construed accordingly;
“plants” means live plants and live parts of plants including fresh fruit and seeds;
“plant products” means products derived from plants in the unprocessed state or having undergone only simple preparation such as milling, drying or pressing, but excluding plants themselves;
“plant protection product” means an active substance or a preparation containing one or more active substances, put up in the form in which it is supplied to the user, intended to —
protect plants or plant products against all harmful organisms or prevent the action of such organisms;
influence the life processes of plants, other than as a nutrient (for example, as a growth regulator);
preserve plant products, in so far as such substances or products are not subject to provisions of Community law on preservatives;
destroy undesired plants; or
destroy parts of plants or check or prevent the undesired growth of plants;
“preparation” means a mixture or solution composed of two or more substances, of which at least one is an active substance, and which is intended for use as a plant protection product;
“the relevant competent authorities” means the competent authorities of the member States , other than the United Kingdom, as defined in a list of addresses published by the Ministers from time to time;
“residue” in relation to a plant protection product means one or more substances present in or on plants or products of plant origin, edible animal products or elsewhere in the environment and resulting from the use of that plant protection product, including its metabolites and products resulting from its degradation or reaction;
“substance” means any chemical element and its compounds, as they occur naturally or by manufacture, including any impurity inevitably resulting from the manufactur-ing process;
“the 1986 Regulations ” means the Control of Pesticides Regulations 1986 .
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations;
b
any reference to a numbered Article shall be construed as a reference to the Article so numbered in the Directive; and
c
any reference to a numbered Annex shall be construed as a reference to an Annex so numbered of the Directive.
Prohibitions
3
1
No person shall place on the market any plant protection product unless —
a
it has been approved under regulation 5, 7, 8 or 11; and
b
it is placed on the market in accordance with any requirement or condition which is specified in the approval.
2
No person shall use any plant protection product unless —
a
it has been approved under regulation 5, 7, 8 or 11;
b
it is used in accordance with any requirement or condition which is —
i
specified in the approval or in any extension of use granted under regulation 10; or
ii
required by the approval or extension of use to be on the labelling;
c
it is used in accordance with the principles of good plant protection practice; and
d
whenever possible, it is used in accordance with the principles of integrated control.
3
No person shall place on the market any new active substance unless he has made an application for the inclusion of that active substance in Annex I in accordance with regulation 4(1) and has lodged with the Ministers a declaration that the active substance is intended for use in a plant protection product .
4
Paragraphs (1), (2) and (3) above shall not apply to any plant protection product or active substance which is approved under regulation 9.
5
Nothing in these Regulations shall impede the production, storage or movement within Great Britain of a plant protection product intended for use in another EEA State, provided that —
a
the product is authorised by the competent authority of that EEA State for use in that EEA State; and
b
the inspection requirements laid down by that EEA State in order to ensure compliance with Article 3(1) are satisfied.
6
Any person who contravenes or causes or permits any person to contravene paragraph (1), (2)(a) or (b) or (3) above shall be guilty of an offence.
Applications concerning active substances
4
1
Any person who applies for the inclusion of a new active substance in Annex I shall submit to the Ministers, the relevant competent authorities and the Commission a dossier which satisfies the requirements of Annex II , together with a dossier complying with Annex III on at least one preparation containing that active substance.
2
Where any active substance has been included in Annex I, any person may make an application for variation of the conditions subject to which the active substance was included .
3
Any person who applies under paragraph (2) above shall submit the application to the Ministers, the relevant competent authorities and the Commission.
Standard approvals
5
1
Subject to the following provisions of this regulation and to regulation 6, the Ministers may approve, for a period not exceeding ten years, the placing on the market and use of any plant protection product.
2
The Ministers may renew an approval granted under this regulation after verification that the requirements of regulation 6(2) to (7) continue to be satisified.
3
Where an application for renewal of an approval granted under this regulation has been made, the Ministers may renew the approval for a provisional period while they undertake the verification mentioned in paragraph (2) above.
4
Without prejudice to regulation 11, an applicant for approval of a plant protection product under this regulation shall submit with his application —
a
a dossier satisfying, in the light of current scientific and technical knowledge, the requirements set out in Annex III; and
b
for each active substance in the plant protection product, a dossier satisfying, in the light of current scientific and technical knowledge, the requirements set out in Annex II.
5
By way of derogation from paragraph (4) above, and without prejudice to the provisions of regulation 15(1) to (4), an applicant for approval of a plant protection product under this regulation shall be exempted from supplying the information required under paragraph (4)(b) above (except for that identifying the active substance) if the active substance is already included in Annex I at the time of the application, taking into account the conditions of inclusion in that Annex, and does not differ significantly in degree of purity and nature of impurities from the composition registered in the dossier accompanying the original application for inclusion of the active substance in Annex I.
6
An approval granted under this regulation shall specify the requirements and conditions relating to the placing on the market and use of the product and such requirements and conditions shall include all those necessary to comply with regulation 6(3)(a) to (e).
7
Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.
General requirements for granting of standard approvals
6
1
The Ministers shall not approve a plant protection product under regulation 5 unless the requirements set out in paragraph (2) to (7) below are satisified in relation to it.
2
The active substances of the plant protection product shall have been included in Annex I at the time the approval is granted and any conditions laid down in that Annex shall have been fulfilled.
3
Having regard to current scientific and technical knowledge and upon the appraisal of the dossier submitted for the approval of the product, it shall have been established (pursuant to the uniform principles provided for in Annex VI ) that, when used in accordance with regulation 3(2) and having regard to all normal conditions under which it may be used and the consequences of its use, the plant protection product —
a
is sufficiently effective;
b
has no unacceptable effects on plants or plant products;
c
does not cause unnecessary suffering and pain to vertebrates which are to be controlled;
d
has no harmful effect directly or indirectly on human or animal health (for example, through drinking water, food or feed) or on ground water;
e
has no unacceptable influence on the environment, having particular regard to —
i
its fate and distribution in the environment, particularly contamination of water (including drinking water and ground water); and
ii
its impact on non-target species; and
f
can be used in such a way that any provisional maximum residue levels determined by the Ministers under paragraph (7) below or by the Commission under Article 4(1)(f) are not exceeded.
4
The Ministers, pursuant to the uniform principles provided for in Annex VI, shall have determined the nature and quantity of the active substances of the plant protection product and, where appropriate, any toxicologically or ecotoxicologically significant impurities and co-formulants, applying methods which, until harmonised methods have been adopted under Article 4(1)(c), they have determined are appropriate.
5
The Ministers, pursuant to the uniform principles provided for in Annex VI, shall have determined the residues of the plant protection product, resulting from approved uses, which are of toxicological or environmental significance, by applying appropriate methods in general use.
6
The Ministers, pursuant to the uniform principles provided for in Annex VI, shall have determined the physical and chemical properties of the plant protection product and shall have adjudged them to be acceptable for the purposes of the appropriate use and storage of the product.
7
The Ministers shall have determined provisional maximum residue levels for the agricultural products referred to in the approval and shall have notified them to the Commission.
8
The Ministers shall ensure that compliance with the requirements set out in paragraphs (2) to (7) above is achieved by official or officially recognised tests and analyses carried out under agricultural, plant health and environmental conditions relevant to the use of the plant protection product and representative of those prevailing where the product is intended to be used in Great Britain.
Provisional approvals
7
1
The Ministers may, to enable a gradual assessment to be made of the properties of new active substances and to make it easier for new preparations to be made available for use in agriculture, approve, for a provisional period not exceeding three years, the placing on the market and use of any plant protection product containing a new active substance which is not included in Annex I, provided that the conditions specified in paragraph (2) below are satisfied.
2
The conditions mentioned in paragraph (1) are —
a
a dossier on the active substance has been submitted in accordance with regulation 4(1) and satisfies the requirements of Annexes II and III in relation to the projected uses;
b
the Ministers have established that the active substance can satisfy the requirements of Article 5(1) and that the plant protection product may be expected to satisfy the requirements of regulation 6(3) to (7).
3
When the conditions specified in paragraph (2) above have been satisfied the Ministers shall immediately inform the relevant competent authorities and the Commission of their assessment of the dossier and of the terms of the approval, giving at least the information provided for in Article 12(1).
4
If, following the examination provided for in Article 6(3) of a dossier submitted under regulation 4(1), it is decided, in accordance with the procedure laid down in Article 19 , that the active substance does not satisfy the requirements specified in Article 5(1), the Ministers shall withdraw the provisional approval.
5
If, on expiry of the three year period mentioned in paragraph (1) above, a decision has not been taken concerning the inclusion of the active substance in Annex I, a further period may be provided for in accordance with the procedure referred to in Article 19 to enable a full examination to be made of the dossier and, where appropriate, of any additional information requested in accordance with Article 6(3) and (4) and the Ministers shall extend the period of the provisional approval accordingly.
6
The Ministers shall ensure that compliance with the requirements set out in regulation 6(2) to (7) is achieved by official or officially recognised tests and analyses carried out under agricultural, plant health and environmental conditions relevant to the use of the plant protection product and representative of those prevailing where the product is intended to be used in Great Britain.
7
An approval granted under this regulation shall specify the requirements and conditions relating to the placing on the market and use of the product and such requirements and conditions shall include at least all those necessary to comply with regulation 6(3)(a) to (e).
8
Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.
Emergency approvals
8
1
In special circumstances the Ministers may approve, for a period not exceeding 120 days, the placing on the market and use of any plant protection product not complying with regulation 6 for a limited and controlled use if such a measure appears necessary because of an unforeseeable danger which cannot be contained by other means.
2
An approval granted under this regulation shall specify the requirements and conditions relating to the placing on the market and use of the product.
3
Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.
Approvals for research and development
9
1
No person shall carry out any experiment or test for research or development purposes involving the release into the environment of a plant protection product which has not been approved under regulation 5, 7, 8 or 11 unless an approval for trial purposes has been granted by the Ministers under this regulation in respect of that product.
2
Subject to paragraph (3) below, any person who wishes to obtain an approval under this regulation shall submit an application to the Ministers before the commencement of the experiment or test, together with a dossier containing all the available information, so as to permit an assessment to be made of possible effects on human or animal health or the possible impact on the environment.
3
Paragraph (2) above shall not apply if the Ministers have granted the applicant the right to undertake certain experiments and tests and have determined the conditions under which the experiments and tests have to be undertaken.
4
An approval granted under this regulation shall specify the requirements and conditions relating to the release into the environment of the product, which shall include a specification of the controlled conditions for carrying out the test, the quantities and area or location in respect of which the approval shall apply and any conditions imposed under paragraph (5) below.
5
If the proposed experiments or tests referred to in paragraph (1) above are liable to have harmful effects on human or animal health or to have an unacceptably adverse influence on the environment, the Ministers may either prohibit them or permit them subject to such conditions as they consider necessary to prevent those consequences.
6
This regulation shall not apply to experiments or tests covered by Part B of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms .
7
Any person who contravenes or causes or permits any person to contravene —
a
paragraph (1) above; or
b
any requirement or condition of an approval granted under this regulation,shall be guilty of an offence.
Extensions of approved use
10
1
Official or scientific bodies involved in agricultural activities or professional agricultural organisations and professional users may apply to the Ministers for the approved use of a plant protection product in Great Britain to be extended to purposes other than those for which the approval of that product was granted.
2
The Ministers shall grant an extension of the approved use of a plant protection product when they consider that it is in the public interest and if —
a
the documentation and information to support the extension have been submitted by the applicant for extension;
b
the Ministers have established that the conditions referred to in regulation 6(3)(c), (d) and (e) are satisfied;
c
the intended use is minor in nature; and
d
users are fully and specifically informed as to instructions for use.
3
An extension of use granted under this regulation shall be for such a period, not exceeding the period for the approved use of the plant protection product, as may be specified in the extension and shall specify the requirements and conditions relating to the the extended use of the product.
4
Any person who contravenes or causes or permits any person to contravene any requirement or condition of an extension of use granted under this regulation shall be guilty of an offence.
Mutual recognition of approvals
11
1
Where —
a
a plant protection product has been authorised under the Directive to be placed on the market and used in another EEA State, and
b
all the active substances contained in that plant protection product are included in Annex I,any person may apply to the Ministers for approval of that plant protection product under this regualtion.
2
An applicant for an approval under this regulation must substantiate the comparability requirement with documentary evidence.
3
To the extent that they are satisfied that the comparability requirement has been complied with, the Ministers shall not require the repetition of tests and analyses already carried out in connection with the authorisation of the plant protection product in that other EEA State and shall grant the application.
4
An approval granted under this regulation may specify conditions resulting from the implementation of other measures in accordance with Community law, relating to the conditions for distribution and use of plant protection products intended to protect the health of the distributors, users and workers concerned.
5
An approval granted under this regulation may also specify conditions by way of restrictions on use which arise from differences in dietary patterns and are necessary in order to avoid exposure of consumers of treated products to the risks of dietary contamination in excess of the acceptable daily intake of the residues concerned .
6
An approval granted under this regulation may, with the agreement of the applicant, specify modifications in the requirements or conditions of use subject to which the plant protection product was authorised in order to render any non-comparable agricultural, plant health or environmental (including climatic) conditions irrelevant for the purpose of satisfying the comparability requirement.
7
Any person who contravenes or causes or permits any person to contravene any requirement or condition of an approval granted under this regulation shall be guilty of an offence.
8
In this regulation “the comparability requirement” means a requirement that the agricultural, plant health and environmental (including climatic) conditions relevant to the use of the plant protection product must be comparable in Great Britain.
Provisional restrictions and prohibitions
12
1
Where the Ministers reasonably consider that a product which they have approved, or are required to approve, under regulation 11 constitutes a risk to human or animal health or the environment, they may provisionally restrict or prohibit its sale or use in Great Britain and shall immediately notify the holder of the approval or the applicant (as the case may be), the relevant competent authorities and the Commission of such action, giving reasons for the decision.
2
Article 11(2) shall apply following the notification mentioned in paragraph (1) above.
Applications, reviews, revocations and modifications
13
1
An application for approval of a plant protection product under regualtion 5, 7, 8 or 11 shall be made to the Ministers by or on behalf of the person responsible for first placing it on the market in Great Britain.
2
For the purpose of any application for an approval under these Regulations or for an extension of use under regulation 10 —
a
the applicant shall have a permanent office within the EEA;
b
the application shall be in English;
c
samples of the preparation and of its ingredients shall be provided if requested by the Ministers.
3
The Ministers may review an approval granted under regulation 5 or 7 or an extension of use granted under regulation 10 if there are indications that any of the relevant requirements are no longer satisfied.
4
When reviewing an approval or extension of use under paragraph (3) above the Ministers may require the holder of the approval or extension of use to submit further information necessary for the review and the approval or extension of use may, where necessary, be extended for the period necessary to complete the review and provide such further information.
5
Without prejudice to any decision already taken pursuant to regulation 11, the Ministers, in relation to any approval granted under these Regulations or extension of use granted under regulation 10 —
a
shall revoke the approval or extension of use if it is established that —
i
the requirements for obtaining the approval or extension of use are not or are no longer satisfied; or
ii
false or misleading particulars were supplied concerning the facts on the basis of which the approval or extension of use was granted;
b
may revoke the approval or extension of use if it is established that any requirement or condition which is —
i
specified in the approval or extension of use; or
ii
required by the approval or extension of use to be on the labelling,is not or is no longer satisfied;
c
may revoke the approval or extension of use at the request of the holder of the approval or the extension of use, who shall state the reasons for such a request.
6
Where the Ministers revoke an approval or extension of use under paragraph (5) above, they shall immediately inform the holder of the approval or extension of use of such revocation and may grant a period of grace for the disposal, storage, placing on the market and use of existing stocks, of a length commensurate with the reason for the revocation, without prejudice to any period provided for by a decision taken under Council Directive 79/117/EEC prohibiting the placing on the market and use of plant protection products containing certain active substances as amended or to Article 6(1) or 8(1) or (2).
7
Without prejudice to any decision already taken pursuant to regulation 11 and subject to paragraph (8) below, the Ministers, in relation to any approval granted under these Regulations or extension of use granted under regulation 10 —
a
shall modify the approval or extension of use if it is established that on the basis of developments in scientific and technical knowledge the manner of use and amounts used can be modified;
b
may modify the approval or extension of use at the request of the holder of the approval or the extension of use, who shall state the reasons for such a request.
8
The Ministers may modify an approval or an extension of use under paragraph (7) above if it is established that the relevant requirements continue to be satisfied.
9
In this regulation “the relevant requirements” means —
a
in the case of an approval granted under regulation 5, the requirements of regulation 6(2) to (7);
b
in the case of an approval granted under regulation 7, the requirements of regulation 6(3) to (7);
c
in the case of an extension of use granted under regulation 10, the requirements of regulation 6(3)(c), (d) and (e).
Notification of information on potentially dangerous effects
14
1
The holder of any approval of a plant protection product granted under these Regulations or the holder of any extension of use of a plant protection product granted under regulation 10 shall immediately notify the Ministers, the relevant competent authorities and the Commission of all new information on the potentially dangerous effects of that plant protection product, or of residues of an active substance contained in that plant protection product, on human or animal health, ground water or the environment.
2
Any person who contravenes or causes or permits any person to contravene paragraph (1) above shall be guilty of an offence.
Data protection
15
1
Subject to paragraph (2) below, the Ministers shall not make use of any information provided in accordance with Annex II by an applicant for approval of a plant protection product under regulation 5 or 7 for the benefit of any other applicant for approval of a plant protection product under regulation 5 or 7.
2
The Ministers may make use of such information in the circumstances provided for in Article 13(3).
3
Subject to paragraph (4) below, the Ministers shall not make use of any information provided in accordance with Annex III by an applicant for approval of a plant protection product under regulation 5 or 7 for the benefit of any other applicant for approval of a plant protection product under regulation 5 or 7.
4
The Ministers may make use of such information in the circumstances provided for in Article 13(4).
5
The Ministers, following examination of an application for approval of a plant protection product under regulation 5 or 7, shall inform the Commission of instances where they consider that an active substance as included in Annex I has been produced by a person or manufacturing process other than those specified in the dossier on the basis of which that active substance was first included in Annex I and shall transmit to the Commission all relevant information regarding the identity and impurities of that active substance.
Duplication of experiments
16
1
Notwithstanding regulation 5(4), and without prejudice to regulation 11, where an active substance has been included in Annex I —
a
any person who intends to apply for approval under regulation 5 or 7 of a plant protection product containing that substance, and who intends to use that plant protection product in an experiment involving vertebrate animals, shall enquire of the Ministers —
i
whether approval has already been granted for that plant protection product and, if so,
ii
as to the name and address of any holder of a previous or existing approval,and shall supply evidence that he intends to apply for approval on his own behalf and that the other information specified in regulation 5(4) is available;
b
the Ministers, if satisfied that that person intends to make such an application, shall provide him with the name and address of the holder or holders of previous or existing approvals and at the same time inform the holders of those approvals of the name and address of that person.
2
The holder or holders of previous approvals and the person intending to make the application shall take all reasonable steps to reach agreement on the sharing of information so as to avoid the duplication of testing on vertebrate animals.
3
Where a person requests any information with a view to inclusion of an old active substance in Annex I, the Ministers shall encourage holders of such information to co-operate in the provision of the requested information, with a view to limiting the duplication of testing on vertebrate animals.
4
Where a person who intends to apply for approval of a plant protection product and holders of previous approvals of the same product cannot reach an agreement on the sharing of information, the Ministers may direct that person and holders of previous approvals located within Great Britain to share the information with a view to avoiding duplicative testing on vertebrate animals and determine both the procedure for utilising information and the reasonable balance of the interests of the parties concerned.
5
Any person who —
a
fails to make enquiries as required in paragraph (1)(a) above; or
b
fails to comply with a direction made by the Ministers under paragraph (4) above,shall be guilty of an offence.
6
Any person who causes or permits any person to —
a
fail to make enquiries as required in paragraph (1)(a) above; or
b
fail to comply with a direction made by the Ministers under paragraph (4) above,shall be guilty of an offence.
Confidentiality
17
1
Subject to paragraph (2) below, where an applicant for the inclusion of an active substance in Annex I or an applicant for approval of a plant protection product so requests, the Ministers shall treat any information submitted by that applicant as confidential to the extent that in the opinion of the Ministers that information contains industrial or commercial secrets.
2
The Ministers shall not treat as confidential the information specified in Schedule 1 and, once the application has been granted, the Ministers may make that information available to any person for inspection.
3
If subsequent to the request mentioned in paragraph (1) above the applicant discloses any information which is confidential by virtue of this regulation, he shall inform the Ministers accordingly.
4
This regulation is without prejudice to the provisions of the Environmental Information Regulations 1992 .
Packaging
18
1
No person shall place on the market a plant protection product unless the packaging of that product satisfies the following requirements —
a
the packaging must be so designed and constructed that its contents cannot escape (unless special safety devices have been prescribed);
b
the materials constituting the packaging and fastenings must not be susceptible to attack by the contents, or liable to form harmful or dangerous compounds with the contents;
c
the packaging and fastenings must be strong and solid throughout so as to ensure that they will not come apart and will safely withstand normal handling;
d
containers with fastening devices must be so designed that the container can be repeatedly refastened so that the contents cannot escape.
2
Any person who contravenes or causes or permits any person to contravene paragraph (1) above shall be guilty of an offence.
Labelling
19
1
No person shall place on the market a plant protection product unless —
a
the labelling of the packaging in which the product is contained satisfies the requirements specified in paragraphs 1 to 6 of Schedule 2; and
b
he has complied with any requirement made by the Ministers under paragraph 7 of that Schedule.
2
Any person who contravenes or causes or permits any person to contravene paragraph (1) above shall be guilty of an offence.
Seizure and disposal of plant protection products
20
1
Where there has been a breach, in relation to any plant protection product, of any prohibition, requirement or condition imposed by or under these Regulations in relation to that plant protection product, either of the Ministers may seize or dispose of the plant protection product and anything treated by it or require that some other person shall take such remedial action as appears to that Minister to be necessary as a result of the contravention.
2
If any plant protection product has been imported into Great Britain in contravention of these Regulations, either of the Ministers may, by notice in writing served on the person appearing to him to be the owner, the importer or the person in charge of the product, require that it shall be exported from Great Britain within such period as that Minister reasonably may determine.
General offences
21
1
Where in relation to an application for an approval under these Regulations, an application for an extension of use under regulation 10 or a requirement or condition specified in such an approval or extension of use, any person —
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material particular,he shall be guilty of an offence.
2
Where in relation to an application for an approval under these Regulations, an application for an extension of use under regulation 10 or a requirement or condition specified in such an approval or extension of use, any person causes or permits any person —
a
to make a statement which he knows to be false in a material particular;
b
recklessly to make a statement which is false in a material particular; or
c
intentionally to fail to disclose any material particular,he shall be guilty of an offence.
3
Any person who —
a
intentionally obstructs an officer in the performance of any of his functions under regulation 24;
b
fails to comply with a requirement made or direction given by an officer in the performance of his functions under regulation 24; or
c
in purporting to give information required by an officer for the performance of any of his functions under regulation 24 —
i
makes a statement which he knows to be false in a material particular;
ii
recklessly makes a statement which is false in a material particular; or
iii
intentionally fails to disclose any material particular;
shall be guilty of an offence.
4
In this regulation “officer” shall have the same meaning as provided for in paragraph 1(c) of Schedule 2 to the 1985 Act, as read with regulation 24.
Penalties
22
1
A person guilty of an offence under regulation 3(6), 5(7), 7(8), 8(3), 9(7), 10(4), 11(7), 18(2), 19(2) or 21(1) or (2) shall be liable —
a
on summary conviction, to a fine of an amount not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
2
A person guilty of an offence under regulation 14(2), 16(5) or (6) or 21(3) shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.
3
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (3) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5
In paragraphs (3) and (4) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
6
Proceedings for any offence under these Regulations may be taken, and the offence may for the purposes of the jurisdiction of the court to try the offences be treated as having been committed, in any place in Great Britain.
7
It shall be a defence in proceedings for an offence —
a
under section 8(b) of the Protection of Animals Act 1911 ; or
b
under section 7(b) of the Protection of Animals (Scotland) Act 1912
(each of which restricts the placing on land of poison and poisonous substances) for the person charged to show that he acted in accordance with an approval granted under these Regulations and, where appropriate, an extension of use granted under regulation 10.
General defence of due diligence
23
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
Without prejudice to the generality of paragraph (1) above, a person is to be taken to have established the defence provided by that paragraph if he proves —
a
that he acted under instructions given to him by his employer; or
b
that he acted in reliance on information supplied by another person without any reason to suppose that the information was false or misleading,
and in either case that he took all such steps as were reasonably open to him to ensure that no offence would be committed.
3
If in any case the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due to an act or omission by another person, other than the giving of instructions to the person charged with the offence by his employer, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless within a period ending seven clear days before the hearing, he has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in his possession.
Enforcement
24
1
Section 19 of, and paragraphs 1(c), 2 and 4 to 9 of Schedule 2 to, the 1985 Act (enforcement powers) shall have effect for the purposes of these Regulations as they have effect for the purpose of that Act and as if —
a
any reference in that section, or in those paragraphs, to that Act or a Part of it were a reference to these Regulations;
b
any reference in that section to a pesticide were a reference to a plant protection product; and
c
any reference in that section to an offence under section 16(12)(a) of that Act were a reference to an offence to which this regulation applies.
2
This regulation applies to any offence under regulation 3(6), 5(7), 7(8), 8(3), 9(7), 10(4), 11(7), 14(2), 16(5) or (6), 18(2) or 19(2).
Service of documents
25
1
Any document required or authorised under these Regulations to be served by the Ministers on any person may be served —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
b
if the person is a body corporate, by serving it in accordance with sub-paragraph (a) above on the secretary of that body; or
c
if the person is a partnership, by serving it in accordance with sub-paragraph (a) above on a partner or a person having control or management of the partnership business.
2
For the purpose of this regulation and section 7 (which relates to the service of documents by post) of the Interpretation Act 1978 in its application to this regulation, the proper address of any person on whom a document is to be served shall be his last known address, except that —
a
in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership;
and for the purpose of this paragraph the principal office of a company registered outside Great Britain or of a partnership carrying on business outside Great Britain is its principal office within Great Britain.
3
If a person to be served under these Regulations with any document has specified to either of the Ministers an address within Great Britain other than his proper address (as determined under paragraph (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this regulation and for the purposes of section 7 of the Interpretation Act 1978 in its application to this regulation.
4
In this regulation “secretary”, in relation to a local authority within the meaning of the Local Government Act 1972 or the Local Government (Scotland) Act 1973 , means the proper officer within the meaning of that Act.
Transitional provisions
26
Schedule 3 shall have effect.
Disapplication
27
1
Where the placing on the market of any plant protection product is, or under Schedule 3 has become, subject to the prohibition specified in regulation 3(1), the provisions of the 1986 Regulations which concern approvals authorising the sale, and supply, of pesticides shall not apply in relation to that product.
2
Where the use of any plant protection product is, or under Schedule 3 as become, subject to the prohibition specified in regulation 3(2), the provisions of the 1986 Regulations which concern approvals authorising the use of pesticides shall not apply in relation to that product.
3
The Farm and Garden Chemicals Regulations 1971 shall not apply to any plant protection product to the extent that regulation 19 applies to it.
4
The Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 shall not apply to any plant protection product to the extent that it is approved under these Regulations.
5
In this regulation “pesticides”, “sale”, “supply” and “use” have the same meanings as in the 1986 Regulations.
Angela Browning
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
22nd March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
21st March 1995


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Funds) (England) (Amendment) Regulations 1995 and shall come into force on 4th December 1995.
2
These Regulations extend to England only.
Rules for determination of schedules of instalments
2
1
The Local Authorities (Funds) (England) Regulations 1992 shall be amended as provided in this regulation.
2
For paragraph 2(1) of Part I of Schedule 1 there shall be substituted —
1
Subject to sub-paragraph (4), the schedule of instalments shall be determined so as to require —
a
the first instalment to be paid or transferred to principal authorities within the following periods of the start of the financial year —
i
in relation to the financial year beginning in 1996, 32 days,
ii
in relation to the financial year beginning in 1997, 28 days,
iii
in relation to the financial year beginning in 1998, 24 days, and
iv
in relation to a financial year beginning in or after 1999, 21 days, and
b
in relation to a financial year beginning in or after 1996, the final instalment to be so paid or transferred on or before the beginning of a period of 14 days prior to the end of the financial year.
.
3
In relation to a financial year beginning in or after 1996, after paragraph 2(3) of Part I of Schedule 1 there shall be inserted —
4
Where the day on which the period referred to in sub-paragraph (1)(a) would end, or the period referred to in sub-paragraph (1)(b) would begin, is a Saturday, Sunday or bank holiday, then the periods shall respectively end, or be reduced to a period beginning, on the next day which is not a Saturday, Sunday or bank holiday.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
13th November 1995


text:
Title and commencement
1
These Regulations may be cited as the Surplus Food Regulations 1995 and shall come into force on 20th February 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“authorised officer” means any person (whether or not an officer of that authority) who is authorised by an enforcement authority, either generally or specially, to act in matters arising under these Regulations;
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 3149/92 laying down detailed rules for the supply of food from intervention stocks for the benefit of the most deprived persons in the Community as amended by Commission Regulation (EEC) No. 3550/92 and Commission Regulation (EEC) No. 2826/93 ;
“the Council Regulation” means Council Regulation (EEC) No. 3730/87 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community ;
“distribution” means, in relation to any surplus food, the provision of that food either in a processed form or in the form of a prepared meal and “distribute” shall be construed accordingly;
“eligible recipient” means a person who is —
homeless or destitute;
living in a hostel for the homeless or destitute; or
in receipt of income support or family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 or under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
“enforcement authority” means —
in relation to any part of the United Kingdom, the Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or to Wales, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“surplus food” means produce which is supplied from intervention stocks for distribution to the most deprived persons in the Community.
2
In the case of tinned stewed steak surplus food shall not be regarded as having been sold solely because, in the course of its distribution to the most deprived persons in the Community, a charge has been made not exceeding 5 pence a can.
Powers of authorised officers
3
1
An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purpose of ascertaining whether an offence under regulation 4(1) below has been or is being committed.
2
An authorised officer may enter any premises (other than premises used solely as a dwelling) on which he has reasonable grounds for believing that there is, or has been, any surplus food.
3
An authorised officer who has entered any premises by virtue of this regulation may —
a
inspect those premises and any surplus food found on those premises;
b
require the person in charge of those premises, or any employee or agent of such person, to produce any record or document in his possession relating to the receipt and distribution of surplus food and to supply such additional information relating thereto as the authorised officer may reasonably request;
c
inspect any such record or document and, where any such record or document is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record or document;
d
require that copies of, or extracts from, any such record or document be produced;
e
seize and retain any such record or document which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record or document is kept by means of a computer, require it to be produced in a form in which it may be taken away;
f
seize and retain any surplus food —
i
which he has reasonable grounds for believing is being offered, exposed or advertised for sale; or
ii
which any person is reasonably suspected of having in his possession for sale or for distribution to persons who are not eligible recipients.
4
An authorised officer entering any premises by virtue of this regulation may take with him such other persons as he considers necessary.
5
Any person in charge of any premises which an authorised officer has entered by virtue of this regulation and any employee or agent of such person shall give to the authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred upon him by this regulation.
6
In paragraphs (2), (3), (4) and (5) above “premises” includes any vehicle.
Offences and penalties
4
1
If any person —
a
for the purpose of obtaining any surplus food for distribution to any person or in purported compliance with any requirement made by an authorised officer under regulation 3(3)(b) above —
i
furnishes information which he knows to be false in a material particular; or
ii
recklessly furnishes information which is false or misleading in a material particular; or
b
sells any surplus food, or offers, exposes or advertises any surplus food for sale, or has any surplus food in his possession for sale; or
c
distributes any surplus food to persons who are not eligible recipients,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If any person —
a
intentionally obstructs an authorised officer acting in the exercise of a power conferred by regulation 3 above; or
b
fails without reasonable excuse to comply with a requirement of an authorised officer pursuant to regulation 3(3)(b), (d) or (e) above or with a requirement of an authorised officer under regulation 3(5) above,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (3) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5
In paragraphs (3) and (4) above the references to a “body corporate” include a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Prosecutions
5
1
Proceedings for an offence under these Regulations shall not in England and Wales or in Northern Ireland be instituted except by an enforcement authority.
2
Proceedings in England and Wales and in Northern Ireland for an offence under regulation 4(1) or (2) above may, subject to paragraph (4) below, be brought within a period of six months from the date on which evidence sufficient in the opinion of the enforcement authority to justify proceedings comes to its knowledge.
3
Proceedings in Scotland for an offence under regulation 4(1) or (2) above may, subject to paragraph (4) below, be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge.
4
No such proceedings shall be brought, or commenced, by virtue of this regulation, more than twelve months after the commission of the offence.
5
A certificate signed —
a
for the purposes of paragraph (2) above, by or on behalf of the enforcement authority, or
b
for the purposes of paragraph (3) above, by or on behalf of the prosecutor,
and stating the date on which evidence sufficient to justify proceedings came to the knowledge of that enforcement authority or that prosecutor (as the case may be) shall be conclusive evidence of that fact.
6
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
7
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Prosecution (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Defence of due diligence
6
In any proceedings for an offence under regulation 4(1)(b) or (c) above it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
24th January 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
26th January 1995


text:
Commencement and citation
1
This Order may be cited as the A20 Trunk Road (Greenwich) Red Route Experimental Traffic Order 1995, and shall come into force on 10th November 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” 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 paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
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 2B 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
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, 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 2E 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.
3
Doctors' vehicles: 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 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car 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 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a 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 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a 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 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, 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, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) 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) and (2) 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 1st 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 31st 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) and (2) 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) and (2) 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) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] 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
8th September 1995


text:
1
These Regulations may be cited as the Merchant Shipping (Seamen’s Documents) (Amendment) Regulations 1995 and shall come into force on 1st September 1995.
2
The Merchant Shipping (Seamen’s Documents) Regulations 1987 shall be amended by omitting, from Schedule 3, entry number 11 (National insurance number).
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary for State,
Department of Transport
18th July 1995


text:
1
These Regulations may be cited as the Further Education (Attribution of Surpluses and Deficits) (Margaret Danyers College) Regulations 1995, and shall come into force on 1st August 1995.
2
In these Regulations —
a
“ the College ” means the institution known as Margaret Danyers College;
b
“the principal Regulations ” means the Further Education (Attribution of Surpluses and Deficits) Regulations 1993 ; and
c
a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
3
In the case of the College, section 37 and the principal Regulations shall apply with the following modifications.
4
1
In section 37 and in the principal Regulations the expression “the relevant financial year”, and in section 37(4) and (7) the expression “any financial year of the institution”, shall mean the period from 1st April 1995 to 31st July 1995.
2
In the principal Regulations (except regulation 1) wherever “1st April 1993” appears substitute for that date “1st August 1995”.
Tim Boswell
Parliamentary under Secretary of State,
Department for Education
7th June 1995