text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Dividends) (Tradepoint) Regulations 1995 and shall come into force on 25th August 1995.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“Board of directors” means the Board of directors of Tradepoint;
“clearing participant” means a member (as defined by this regulation) who is also a member of The London Clearing House Limited and who as such is permitted by the Board of directors and that clearing house to clear transactions made on the Exchange for a traded security;
“the Exchange” means Tradepoint Investment Exchange;
“ Management Act ” means the Taxes Management Act 1970 ;
“member” in relation to Tradepoint means a person approved by the Board of directors as a participant in the Exchange;
“return period” shall be construed in accordance with regulation 12;
“section 737” means section 737 of the Taxes Act ;
“Schedule 23A” means Schedule 23A to the Taxes Act;
“Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“Tradepoint” means Tradepoint Financial Networks plc;
“United Kingdom equities” means shares of any company resident in the United Kingdom.
PART II
PRESCRIPTION OF MATTERS FOR THE PURPOSES OFTHE DEFINITION OF “UNAPPROVED MANUFACTURED PAYMENT”
Interpretation of Part II
3
In this Part of these Regulations —
“manufactured dividend” shall be construed in accordance with paragraph 2(1) of Schedule 23A;
“sub-paragraph (ii)” and“sub-paragraph (iii)” mean respectively sub-paragraph (ii) and sub-paragraph (iii) of paragraph (b) of the definition of “unapproved manufactured payment” in paragraph 1(1) of Schedule 23A.
Prescribed persons and circumstances for the purposes of sub-paragraph (ii)
4
1
For the purposes of sub-paragraph (ii) and in the circumstances prescribed by paragraph (2) below —
a
Tradepoint is a recognised investment exchange which is prescribed, and
b
in relation to that exchange, a member in relation to Tradepoint who is a clearing participant is prescribed as a class or description of member of that exchange.
2
The circumstances prescribed are where —
a
a manufactured dividend is paid in respect of United Kingdom equities by the member in his capacity as a clearing participant, and
b
the United Kingdom equities in question were purchased by the member in that capacity —
i
from a person in circumstances where the member is required to sell United Kingdom equities under a matching transaction to The London Clearing House Limited, or
ii
from The London Clearing House Limited in circumstances where he is required to sell United Kingdom equities under a matching transaction to another person.
3
In paragraph (2) above “matching transaction” means a transaction under which —
a
the United Kingdom equities to be sold by the member are of the same kind as the United Kingdom equities purchased by him, and
b
the number and price of the United Kingdom equities to be sold by the member are identical to the number and price of the United Kingdom equities purchased by him.
Prescribed recognised clearing house and circumstances for the purposes of sub-paragraph (iii)
5
1
For the purposes of sub-paragraph (iii) and in the circumstances prescribed by paragraph (2) below, The London Clearing House Limited is a recognised clearing house which is prescribed.
2
The circumstances prescribed are where a manufactured dividend is paid in respect of United Kingdom equities by The London Clearing House Limited acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange.
PART III
MODIFICATIONS OF SECTION 737
Interpretation of Part III
6
1
In this Part of these Regulations —
“approved manufactured dividend” means a manufactured dividend in respect of United Kingdom equities which is not an unapproved manufactured payment within the meaning of paragraph 1(1) of Schedule 23A;
“dividend manufacturer” and “manufactured dividend” shall be construed in accordance with subsection (1) ;
2
References in this Part of these Regulations to specified subsections, without more, are references to specified subsections of section 737.
Prescribed persons for the purposes of subsection (7A)
7
For the purposes of paragraph (b) of subsection (7A), Tradepoint is a recognised investment exchange which is prescribed and, in relation to that exchange, a member in relation to Tradepoint who is a clearing participant is prescribed as a class or description of member of that exchange.
Modification of subsection (1)
8
In any case where a dividend manufacturer is a member in relation to Tradepoint and a clearing participant, subsection (1) shall apply in respect of approved manufactured dividends paid by him in any return period only to the extent that the aggregate of those payments exceeds the aggregate of dividends and manufactured dividends received by him in that period.
Modification of subsection (5A)
9
1
In any case where —
a
a dividend manufacturer is a member in relation to Tradepoint and a clearing participant, and
b
the manufactured dividend paid by the dividend manufacturer is not an approved manufactured dividend,
subsection (5A) shall apply with the modification prescribed by paragraph (2) below.
2
Subsection (5A) shall apply as if the reference in that subsection to the amount in respect of which relief is not to be given included a reference to the net amount of the manufactured dividend after deduction of tax pursuant to subsection (1).
Modification of provisions of the Tax Acts where regulation 8 applies
10
1
In any case where regulation 8 applies in any return period, the provisions of the Tax Acts relating to the charge to tax under Schedule D shall apply as if —
a
the income of the dividend manufacturer consisting of dividends and manufactured dividends received by him in the return period were limited to the amount (if any) by which the aggregate of those dividends and manufactured dividends exceeds the aggregate of approved manufactured dividends paid by him in that period; and
b
the dividend manufacturer were not entitled to relief in respect of approved manufactured dividends paid by him in the return period except to the extent that the aggregate of those payments exceeds the aggregate of dividends and manufactured dividends received by him in that period.
2
In paragraph (1)(b) above “relief” means relief by way of —
a
deduction in computing profits or gains; or
b
deduction or set off against income or total profits.
PART IV
ADMINISTRATIVE ARRANGEMENTS RELATING TO SECTION 737
Interpretation of Part IV
11
In this Part of these Regulations —
a
“dividend manufacturer” and “manufactured dividend” shall be construed in accordance with subsection (1);
b
references to specified subsections, without more, are references to specified subsections of section 737.
Accounting for tax by dividend manufacturers
12
1
This regulation applies in any case where a dividend manufacturer is a member in relation to Tradepoint and a clearing participant.
2
The dividend manufacturer shall make a return —
a
for each complete quarter falling within any trading period, that is to say, for each of the periods of three months ending with 31st March, 30th June, 30th September or 31st December, as the case may be, which falls within that period;
b
for each part of any trading period which is not a complete quarter and which ends on the first (or only), or begins immediately after the last (or only), of those dates which falls within that period;
c
if none of those dates falls within the trading period, for the whole of that period.
3
A return for any period for which a return is required to be made under this regulation (“a return period”) shall be made within 14 days from the end of that period.
4
The return shall show —
a
the aggregate of the manufactured dividends paid by the dividend manufacturer in the return period on which tax is accountable under subsection (1);
b
the aggregate of the dividends and manufactured dividends received by him in the return period;
c
the aggregate of the manufactured dividends received by him in the return period on which tax is accountable under subsection (5); and
d
the aggregate amount of tax accountable under subsections (1) and (5) in respect of manufactured dividends paid or received by him in the return period.
5
In any return under this regulation the dividend manufacturer shall show unapproved manufactured payments and the tax accountable in respect of those payments separately from approved manufactured payments.
6
Tax in respect of manufactured dividends required to be included in a return for any period under this regulation shall be due at the time by which the return for that period is to be made, and tax so due shall be payable without the making of an assessment.
7
Tax which has become so due may be assessed on the dividend manufacturer (whether or not it has been paid when the assessment is made) if the tax, or any part of it, is not paid on or before the due date.
8
If it appears to the inspector that there is a manufactured dividend which ought to have been but has not been included in a return, or if the inspector is dissatisfied with any return, he may make an assessment on the dividend manufacturer to the best of his judgment; and any tax due under an assessment made by virtue of this paragraph shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.
9
Subsections (1), (7) and (8) of section 87 of the Management Act shall apply to tax assessable under this regulation as they apply to tax assessable in accordance with Schedules 13 and 16 to the Taxes Act, and accordingly those subsections shall have effect as if references to those schedules included references to this regulation.
10
In this regulation “trading period” means —
a
where the dividend manufacturer draws up accounts, the period for which he draws up accounts;
b
where he does not draw up accounts —
i
the period which begins on the date on which he first pays a manufactured dividend and ends at the expiration of 12 months from that date or, if earlier, on the date immediately preceding a period for which he draws up accounts, and
ii
any subsequent period which begins on the date on which he first pays a manufactured dividend after the end of the immediately preceding trading period and ends at the expiration of 12 months from that date or, if earlier, on the date immediately preceding a period for which he draws up accounts.
Modifications of section 21 of the Management Act
13
Section 21 of the Management Act shall apply in relation to a dividend manufacturer who is a member in relation to Tradepoint and a clearing participant as it applies to a market maker within the meaning of that section and as if —
a
references to “market maker” in subsections (1), (2), (4) and (5) of that section included references to that dividend manufacturer, and
b
in subsection (1) of that section the words from “whose” to the end were omitted.
David Willetts
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
1st August 1995


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service (Amendment) Act 1995 (Commencement No. 1 and Saving) Order 1995.
2
In this Order —
“the 1977 Act ” means the National Health Service Act 1977 ; and
“the 1995 Act ” means the National Health Service (Amendment) Act 1995.
Appointed day
2
1
Subject to paragraph (2) and article 3, 21st December 1995 is the day appointed for the coming into force of the provisions of the 1995 Act specified in column 1 of the Schedule to this Order (the subject matter of each provision being mentioned in column 2).
2
Sections 1 and 2 of the 1995 Act shall come into force for the purpose of amending the 1977 Act in relation to general medical services and general dental services only.
Saving
3
Where before 21st December 1995 —
a
an appeal has been made to the Secretary of State under section 46(3) of the 1977 Act; or
b
an application has been made to the Secretary of State for a direction under section 47 of, or paragraph 8 of Schedule 14 to, the 1977 Act,
the 1977 Act shall have effect in relation to that appeal or that application as if section 3 or (as the case may be) section 4 of the 1995 Act (and, in the Schedule to the 1995 Act, the associated repeals relating to sections 46(3), 47 and 49 of the 1977 Act) had not come into force.
Stephen Dorrell
Secretary of State for Health
30th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Glamorgan National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 19th May 1995.
2
In this Order:
“the Authority” means the Mid Glamorgan Health Authority;
“the Trust” means the East Glamorgan National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 7th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th May 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
12th April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th March 1995.
2
In this Order —
“the Special Trustees” means the Special Trustees for Westminster and Roehampton Hospitals;
“the Trust” means the Richmond, Twickenham and Roehampton Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Special Trustees and the Trust on 29th September 1994, which schedule has been signed on behalf of both the Special Trustees and the Trust.
Transfer of trust property
2
On 15th March 1995 the trust property shall be transferred from the Special Trustees to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th February 1995


text:
Citation and commencement
1
These Regulations may be cited as the Units of Measurement Regulations 1995 and shall come into force on 1st October 1995.
Interpretation
2
In these Regulations —
“Act”includes a local and personal or private Act, an Act of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;
“the commencement date”, subject to regulation 4 below, means 1st October 1995;
“corresponding metric unit”, in relation to a relevant imperial unit, means the unit of measurement specified in relation to the relevant imperial unit in the second column of the Schedule to these Regulations;
“existing provision” means any of the following, namely —
a provision of any Act passed, or of any subordinate legislation made, before the commencement date;
a provision of any contract, agreement, licence, authority, undertaking or statement made or given before that date; and
a provision of any deed, instrument or document made before that date;
“relevant imperial unit” means a unit of measurement specified in the first column of the Schedule to these Regulations;
“subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made under any Act; and
“the Units of Measurement Directive” means the Directive of the Council of the European Communities dated 20th December 1979 ( No. 80/181/ EEC ) on the approximation of the laws of member States relating to units of measurement.
Conversion of imperial units of measurement
3
1
Subject to the following provisions of these Regulations, where —
a
an existing provision authorises or requires a measurement to be made, or an indication of quantity to be expressed, in a relevant imperial unit,
b
the provision has effect for economic, public health, public safety or administrative purposes, and
c
the provision has legal effect on or after the commencement date,
the provision shall, unless the context otherwise requires, be construed on or after that date as authorising or requiring the measurement to be made, or the indication of quantity to be expressed, in the corresponding metric unit.
2
Subject to the following provisions of these Regulations, where —
a
an existing provision contains a reference to an indication of quantity expressed in a relevant imperial unit,
b
the provision has effect for economic, public health, public safety or administrative purposes, and
c
the provision has legal effect on or after the commencement date,
the provision shall, unless the context otherwise requires, be construed on or after that date as if the indication of quantity concerned were expressed in the corresponding metric unit.
3
Subject to paragraph (4) below, any conversion of an indication of quantity expressed in a relevant imperial unit which is required to be made by virtue of paragraph (2) above shall be made by using the metric equivalent specified in relation to the relevant imperial unit in the third column of the Schedule to these Regulations.
4
Any conversion of an indication of quantity expressed in degrees Fahrenheit which is required to be made by virtue of paragraph (2) above shall be made by subtracting thirty-two and multiplying the result by five-ninths.
Later application of regulation 3 in relation to certain uses of imperial units
4
In relation to any of the following uses of relevant imperial units which are permitted by Article 1(d) of the Units of Measurement Directive, that is to say —
a
the use of the fathom for marine navigation,
b
the use of the pint or fluid ounce for beer, cider, water, lemonade and fruit juice in returnable containers,
c
the use of the pound or ounce (avoirdupois) for goods sold loose from bulk, and
d
the use of the therm for the supply of gas,
regulation 3 above shall be treated as coming into force on 1st January 2000 and that date shall be treated as the commencement date for the purposes of these Regulations.
Exceptions
5
1
Nothing in these Regulations shall apply in relation to any supplementary indication; and in this paragraph “supplementary indication” has the same meaning as it has in section 8(5A) of the Weights and Measures Act 1985.
2
Nothing in these Regulations shall apply in relation to any of the uses of relevant imperial units which are permitted by Article 1(b) of the Units of Measurement Directive, that is to say —
a
the use of the mile, yard, foot or inch for road traffic signs, distance and speed measurement;
b
the use of the pint for dispensing draught beer and cider;
c
the use of the pint for milk in returnable containers;
d
the use of the acre for land registration; and
e
the use of the troy ounce for transactions in precious metals.
3
Nothing in these Regulations shall apply in relation to any use of a relevant imperial unit which is permitted by Article 2(b) of the Units of Measurement Directive (use in the field of air and sea transport and rail traffic of units laid down in international conventions or agreements).
4
Nothing in these Regulations shall apply in relation to any contract to which regulation 11(1) of the Units of Measurement Regulations 1986 applies.
Revocation
6
Regulation 4(3) of the Units of Measurement Regulations 1994, and the paragraphs added by it to regulation 11 of the Units of Measurement Regulations 1986, are hereby revoked.
Jonathan Evans
Minister for Competition and Consumer Affairs,
Department of Trade and Industry
13th July 1995


text:
1
1
This Order may be cited as the A11 Trunk Road (Thetford Bypass Slip Roads) (Trunking) Order 1995 and shall come into force on 1st February 1995.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The highways described in the Schedule to this Order shall each become a trunk road from the date when this Order comes into force.
3
The centre line of each of the new trunk roads is indicated by a heavy black line on the site plan in the folio numbered HA10/2E/353, marked “The A11 Trunk Road (Thetford Bypass Slip Roads) (Trunking) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
Signed by authority of the Secretary of State for Transport
R T Thorndike
A Director Network Management
in the Highway Agency
25th January 1995


text:
1
This Order may be cited as the Value Added Tax (Transport) Order 1995 and shall come into force on 1st April 1995.
2
Group 8 (Transport) of Schedule 8 to the Value Added Tax Act 1994 shall be amended in accordance with articles 3 to 6 of this Order.
3
After item 6 there shall be inserted —
6A
Air navigation services.
4
In paragraph (b) of item 11 after the words “of item 6,” there shall be inserted —
item 6A,.
5
After Note (6) there shall be inserted —
6A
“Air navigation services” has the same meaning as in the Civil Aviation Act 1982 .
6
In Note (7) after the words “of item 6,” there shall be inserted —
item 6A,.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1995


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs Regulations 1995, and shall come into force on 30th June 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Agriculture Act 1970;
“additive” means any substance, or preparation containing any substance, other than a premixture, which, when incorporated into a feeding stuff, is likely to affect its characteristics or livestock production;
“ash” means the matter which results from the treatment of a feeding stuff in accordance with the appropriate procedure described in method 12 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“complementary feeding stuff” means a mixture of feedings stuffs which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;
“complete feeding stuff” means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;
“compound feeding stuff” means a mixture of products of vegetable or animal origin in their natural state, fresh or preserved, or products derived from the industrial processing thereof, or organic or inorganic substances, whether or not containing additives, for oral animal feeding in the form of complete feeding stuffs or complementary feeding stuffs;
“daily ration” means the average total quantity of feeding stuff, expressed on a 12 per cent moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;
“energy value” means the energy value of a feeding stuff calculated in accordance with the relevant method described in Schedule 9;
“fat” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“feeding stuff”, subject to regulation 15(10), has the meaning attributed to it by section 66(1) as modified by regulation 20(1);
“feeding stuff intended for a particular nutritional purpose” means a compound feeding stuff, the composition or method of manufacture of which distinguishes it from other feeding stuffs and from the type of products defined in Council Directive 90/167/ EEC , laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community , and in respect of which any indication is given that it is intended for a particular nutritional purpose;
“fibre” means the organic matter calculated following the treatment of a feeding stuff in accordance with the procedure described in method 9 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“ingredient” means —
a product of vegetable or animal origin, in its original state, fresh or preserved;
any product derived from such a product by industrial processing; or
any organic or inorganic substance,
whether containing additives or not, which is intended for circulation as a straight feeding stuff or for the preparation of a compound feeding stuff or as a carrier of a premixture;
“medicinal product” and “medicinal purpose” have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968 ;
“milk replacer feed” means a compound feeding stuff administered in dry form, or after reconstitution with a given quantity of liquid, for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;
“mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;
“minimum storage life” means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;
“molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;
“moisture” means water and other volatile material determined in accordance with the procedure described in method 2 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“name”, in relation to an additive, means the name used in relation to an additive referred to in paragraph 6(1) of, or specified in the Table to, Schedule 4;
“national list” means the list of manufacturers of compound feeding stuffs published in London by the Ministry of Agriculture, Fisheries and Food for the purposes of Article 3a(2)(a) of Council Directive 74/63/EEC on undesirable substances and products in animal nutrition ;
“oil” means the extract obtained following the treatment of a feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“particular nutritional purpose” means the purpose of satisfying any nutritional requirement of pet animals or productive livestock, the process of assimilation or absorption of which, or the metabolism of which, may be temporarily impaired, or is temporarily or permanently impaired, and which may therefore benefit from ingestion of a feeding stuff capable of achieving that purpose;
“pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;
“premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;
“protein” means the matter obtained as a result of treatment of a feeding stuff in accordance with the procedure described in method 4 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“protein equivalent of urea, biuret, urea phosphate and diureidoisobutane” means the amount of urea, biuret, urea phosphate and diureidoisobutane nitrogen multiplied by 6.25;
“starch” means the matter obtained as the result of treatment of the feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“straight feeding stuff” means a vegetable or animal product in its natural state, fresh or preserved, and any product derived from the industrial processing thereof, and any single organic or inorganic substance, whether or not it contains any additive, intended as such for oral animal feeding.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Descriptions of animals prescribed for the purpose of the definition of feeding stuff
3
For the purposes of the definition of feeding stuff in section 66(1), bulls, cows, steers, heifers, calves, sheep, lambs, goats, kids, swine, piglets, horses, foals, deer, rabbits (other than pet rabbits), mink, partridges, pheasants, poultry, bees and farmed fish are prescribed animals.
Prescribed descriptions of material
4
The description of material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff (other than a straight feeding stuff intended for use as a pet food), and any material usable as an ingredient or additive in such a feeding stuff.
Matters required and permitted to be contained in a statutory statement or otherwise declared
5
The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or otherwise declared shall comply with the provisions of Schedule 1 and Part I of Schedule 8.
Forms of statutory statement
6
1
In the case of material of the prescribed description delivered in a package or other container the statutory statement shall either —
a
take the form of a label attached to that package or container; or
b
be clearly marked directly thereon;
and in the case of such material delivered in bulk, the statutory statement shall take the form of a document relating to each consignment.
2
The particulars, information and instructions required by section 68(1) and permitted by section 68(1A) to be contained in a statutory statement shall —
a
be clearly separate from any other information,
b
be in English, and
c
be legible and indelible.
3
For the purposes of section 69 (marking of material prepared for sale), material of the prescribed description which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) of this regulation, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
4
In this regulation “the prescribed description” means the description prescribed by regulation 4.
Time by which a statutory statement relating to certain material must be given
7
For the purpose of section 68(3), any statutory statement required to be given on the sale of any straight feeding stuff delivered in bulk may be given as soon as practicable after delivery to the purchaser.
Register of marks
8
1
As respects any straight feeding stuff, the matters required by section 69(1) to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
2
In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser, there shall be an indication in a document, label or notice which is readily apparent and unequivocally associated with the material, of the type of feeding stuff and of the name or trade name and of the address or registered office of the manufacturer. The other matters required by section 69(1) to be marked on the material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
3
The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) of this regulation shall include the name and address of the purchaser, the date of the order and the amount ordered.
4
The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
5
The period for which the register is to be preserved in accordance with section 69(7) shall be a period of six months commencing on the first day on which none of the materials referred to in the register remains on the premises, for sale as aforesaid.
6
The register shall be made and kept by the seller concerned.
Control of premixtures
9
1
No person shall sell any premixture in a bag or container which is not labelled or marked in accordance with paragraph (2) of this regulation and Part II of Schedule 8.
2
Every label or mark required by paragraph (1) of this regulation shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.
Limits of variation
10
For the purposes of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff, which relates to an analytical constituent or energy value mentioned in the first column of Schedule 3, shall be as set out with respect to that constituent or value in the second column of the said Schedule.
Assigned meanings
11
For the purposes of section 70, there shall be assigned to the expressions “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” in each case the meaning given by regulation 2(1) to the expression concerned.
Manner of packaging and sealing compound feeding stuffs, additives and premixtures
12
1
Subject to paragraphs (2), (3) and (4) below, no person shall sell a compound feeding stuff or any additive or premixture, unless it is in a bag or container and unless that bag or container is sealed in such a way that, when the bag or container is opened, the seal is damaged and cannot be re-used.
2
Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers in the case of —
a
deliveries between producers or sellers of compound feeding stuffs;
b
deliveries from producers of compound feeding stuffs to packaging enterprises;
c
compound feeding stuffs obtained by mixing grain or whole fruit;
d
blocks or licks;
e
small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which, before opening, complied with the sealing provision of paragraph (1) above.
3
Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags, in the case of —
a
direct deliveries from the producer to the final user;
b
molassed feeding stuffs consisting of less than three ingredients;
c
pelleted feeding stuffs.
4
Additives and premixtures may be sold in bulk, in unsealed bags or in unsealed containers in the case of deliveries to manufacturers of premixtures or feeding stuffs.
Meanings of names and purity of materials
13
1
For the purposes of section 70, any name of a material specified in column 2 of Schedule 2 shall have the meaning assigned thereto in column 3 of that Schedule.
2
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff —
a
a vegetable material named in this subparagraph, of which the minimum botanical purity is less than the proportion specified in each case:
rapeseed expeller — 94%;
extracted rapeseed — 94%;
linseed expeller — 93%;
extracted linseed — 93%;
broken rice — 99%;
b
a vegetable material specified in column 2 of Schedule 2 other than one named in subparagraph (a) above, of which the botanical purity is less than 95%.
Control of added substances contained in feeding stuffs
14
1
No person shall sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive, or sell, or have in possession with a view to sale for incorporation in a feeding stuff, any additive, unless —
a
where the additive is contained in any material, the additive is referred to in paragraph 6(1) of, or in the Table to, Schedule 4 and the material complies with the relevant provisions of that Schedule;
b
where the additive is not so contained, it is referred to in paragraph 6(1) of, or in the Table to, Schedule 4; or
c
the additive, whether or not contained in any material or in a preparation is —
i
an enzyme (other than of a type referred to in Part X of that Table); or
ii
a micro-organism.
2
No person shall —
a
sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, or
b
sell, or have in possession with a view to sale, for incorporation in a feeding stuff, any such enzyme or micro-organism,
unless, in accordance with Article 3(a) of Council Directive 93/113/ EC , supplementing Council Directive 70/524/EEC concerning additives in feeding stuffs , and before 15th October 1994 —
i
an identification note in the form contained in Annex II to that Directive, relating to the enzyme, micro-organism or preparation in question, and prepared by the person responsible for selling or otherwise supplying the same, was received by the Minister of Agriculture, Fisheries and Food; and
ii
the enzyme or, as the case may be, micro-organism or preparation, is included in the list of authorised products referred to in that Article.
3
No person shall, on or after 1st December 1995 —
a
sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, or
b
sell, or have in possession with a view to sale for incorporation in a feeding stuff, any such enzyme or micro-organism,
unless, in accordance with Article 3(b) of Council Directive 93/113/EC , and before that date, a dossier relating to the enzyme, micro-organism or preparation in question, and prepared by the person who requested its inclusion in the list of authorised products referred to in paragraph (2)(b)(ii) above, has been received by the Minister of Agriculture, Fisheries and Food.
4
Paragraphs (1) to (3) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
5
No person shall use as a feeding stuff material containing any added substance, not being a substance of a name or description specified in paragraph 6(1) of, or in the Table to, Schedule 4, which is deleterious to animals of any description specified in regulation 3, to pet animals, to human beings or to the environment.
6
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains levels of additives which exceed those specified in Schedule 4 in relation to complete feeding stuffs.
Control of feeding stuffs and ingredients containing undesirable substances
15
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 5 which contains any substance specified in column 1 of that Part, in excess of the level specified in relation thereto in column 3 thereof.
2
No person shall sell, or have in possession with a view to sale, any complementary feeding stuff which contains a substance specified in column 1 of Part I of Schedule 5 unless —
a
that feeding stuff is specified in the corresponding entry in column 2 thereof; and
b
the instructions for use are so worded as to ensure that —
i
the feeding stuff is used only as part of a daily ration, and
ii
the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.
3
No person shall, for use as an ingredient, import into Great Britain from a country other than a Member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
4
No person shall, for use as an ingredient, import into Great Britain from a country other than a Member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation to straight feeding stuffs in column 3 of Part I of that Schedule unless —
a
the material is intended for use only by manufacturers of compound feeding stuffs who are then listed in the most recently published national list; and
b
it is accompanied by a document stating —
i
that the material is intended for use only by the persons specified in sub-paragraph (a) above,
ii
that the material may not be fed unprocessed to livestock, and
iii
the amount of the specified substance contained in the material.
5
No person shall mix with any feeding stuff or ingredient, any ingredient specified in column 2 of Part II of Schedule 5, if the ingredient so specified contains any substance specified in the corresponding entry in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
6
No person shall import into Great Britain from a country other than a Member State of the European Community, sell or otherwise supply, or have in possession with a view to selling or otherwise supplying, any ingredient, unless that ingredient is sound, genuine and of merchantable quality.
7
For the purposes of paragraph (6) above, and without prejudice to the provisions of paragraph (3) above, an ingredient is not sound, genuine and of merchantable quality if, where the ingredient is incorporated into any compound feeding stuff specified in column 2 of Part I of Schedule 5, the level of any substance specified in column 1 of that Part and contained in the ingredient exceeds the level specified for that substance in column 3 of that Part in relation to the compound feeding stuff in question.
8
Paragraphs (1) to (5) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or a veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
9
Where a person has or has had in his possession or control any feeding stuff or ingredient, for the purposes of a trade or business, and becomes aware —
a
in the case of a feeding stuff, that the feeding stuff does not comply with any requirement of paragraph (1) or (2) above, or
b
in the case of an ingredient, that the ingredient does not comply with any requirement of paragraph (3), (4), (6) or (7) above,
he shall immediately notify the Minister of Agriculture, Fisheries and Food, and an inspector appointed under section 67(3) by the authority which, by virtue of section 67(1), has the duty to enforce Part IV of the Act.
10
For the purposes of the foregoing provisions of this regulation “feeding stuff” means —
a
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
b
a product derived from the industrial processing of such a product; or
c
an organic or inorganic substance, used singly or in a mixture, whether or not containing additives,
for oral feeding to pet animals, to the descriptions of animals specified in regulation 3 above (being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land) or to animals living freely in the wild, and “daily ration” and “ingredient” shall be construed accordingly.
11
No person shall sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains —
a
faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
b
treated hide including leather and its waste;
c
seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;
d
wood, sawdust or other materials derived from wood treated with wood protection products;
e
sludge from sewage plants treating waste waters;
f
solid urban waste, such as household waste;
g
untreated waste from eating places, except food stuffs of vegetable origin considered unsuitable for human consumption for reasons of freshness; or
h
packaging and parts of packaging from products used in agriculture or the food industry.
12
For the purposes of paragraph (11) above, except sub-paragraph (e), “waste” shall mean material of any applicable category listed in Annex 1 to Council Directive 75/442/EEC , which is discarded or intended or required to be discarded.
Control of certain protein sources
16
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 7, unless that material —
a
is named as a permitted product in column 2 of that Schedule; and
b
complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 7 of that Schedule.
2
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.
Control of the iron content of milk replacer feeds
17
No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight, which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.
Control of ash insoluble in hydrochloric acid in compound feeding stuffs
18
1
Subject to paragraph (2) below, no person shall sell, or have in possession with a view to sale —
a
any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter, or
b
any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.
2
Paragraph (1)(b) above shall not apply to any compound feeding stuff which —
a
contains permitted mineral binders named or described in Part IV of the Table in Schedule 4; or
b
is a mineral feeding stuff; or
c
contains more than 50% of sugar beet chips or sugar beet pulp; or
d
is intended for farmed fish and has a fish meal content of more than 15%,
if the level of ash insoluble in hydrochloric acid is declared as a percentage of the feeding stuff as such in the statutory statement, or elsewhere on the package, label or container; but in the case of a whole grain mix such a declaration shall not be required but may be made.
Control of feeding stuffs intended for particular nutritional purposes
19
No person shall sell, or have in possession with a view to sale, any feeding stuff intended for a particular nutritional purpose unless —
a
the particular nutritional purpose in question is specified in column 1 of Chapter A of Schedule 10;
b
the feeding stuff possesses the essential nutritional characteristics specified opposite that particular nutritional purpose in column 2 of that Chapter;
c
the feeding stuff is intended for animals specified opposite that particular nutritional purpose in column 3 of that Chapter;
d
it is recommended that the feeding stuff be used for a period of time falling within the range specified opposite that particular nutritional purpose in column 5 of that Chapter;
e
in relation to the feeding stuff, the requirements specified in paragraphs 1, 2 and 8 of Chapter B of Schedule 10 are complied with; and
f
the composition of the feeding stuff is such that it is capable of achieving the particular nutritional purpose for which it is intended.
Modification of the Agriculture Act 1970 in relation to all feeding stuffs
20
1
For the definition of “feeding stuff” in section 66(1) there shall be substituted the following definition:
“feeding stuff” means —
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
a product derived from the industrial processing of such a product; or
an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives);
for oral feeding to pet animals and such descriptions of animals as may be prescribed, being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land;
.
2
For subsection (2) of section 66, there shall be substituted the following subsection —
2
For the purposes of this Act —
a
material shall be treated as sold for use as a fertiliser whether it is sold to be so used by itself or as an ingredient in something which is to be so used;
b
material shall be treated —
i
as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold to be used by itself or as an ingredient or additive in something which is to be so used; and
ii
as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be so used.
.
3
In subsection (1) of section 82, for the words “68(4)(b) and (c)” there shall be substituted the words “68(1A), (4)(b) and (c)” and for the words “and 73” there shall be substituted the words “73, 73A and 74A” .
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
21
1
In relation to feeding stuffs which have been imported, section 69(1) shall have effect subject to the modifications provided for in the following paragraph.
2
The words “and in either case before it is removed from the premises” shall be deleted, and for the words “the material”, there shall be substituted the words “any material which has been marked in accordance with this subsection”.
Inspector’s power to enter premises and inspect records
22
1
This regulation shall apply for the purpose of ensuring compliance with the following provisions insofar as they relate to compound feedingstuffs:
a
sections 68, 69, 70, 73A and 74;
b
regulations 5, 15(11), 17, 18 and 19, and Schedules 1, 6, 9 and 10.
2
An inspector appointed under section 67 may at all reasonable times enter any premises (not being premises used only as a dwelling) —
a
on which he has reasonable cause to believe any compound feeding stuff is manufactured; or
b
which he has reasonable cause to believe are occupied by a person engaged in the manufacture of any compound feeding stuff, for purposes related to such manufacture by him, and may on those premises —
i
require any person engaged in the manufacture of any compound feeding stuff to produce any record, in written or any other form, relating to the manufacture by that person of any compound feeding stuff;
ii
inspect and take copies of any such record;
iii
where any such record is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been in use in connection with the record; and
iv
where any such record is kept as aforesaid, require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
3
Where —
a
a requirement is made under paragraph 2(b)(i) above in relation to any feeding stuff intended for a particular nutritional purpose; and
b
at the time the requirement is made, the record in respect of which it is made has been published and is available in accessible form for public use,
the person of whom the requirement is made shall be deemed to comply with it if, at the time it is made, he supplies the inspector making it with correct and adequate details of the publication concerned and of where a copy of it may be obtained.
4
An inspector entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him to be necessary.
5
Section 83 shall apply in relation to the exercise or, as the case may be, the purported exercise, of any powers under this regulation, as it applies in relation to the exercise or purported exercise of any power under Part IV of the Act.
Exemptions
23
These Regulations shall not apply to any feeding stuff which is intended for use only for —
a
the experimental investigation or testing of substances controlled under regulation 14; or
b
other purposes of scientific research or experiment,
and which is not generally available for sale, purchase or use as a feeding stuff, and is clearly marked to that effect.
Enforcement
24
Insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of the Act under which the other provisions of these Regulations are made, and the provisions of Part IV of the Act shall apply accordingly.
Revocation
25
The Feeding Stuffs Regulations 1991 , the Feeding Stuffs (Amendment) Regulations 1993 , the Feeding Stuffs (Amendment) Regulations 1994 and the Feeding Stuffs (Amendment) ( No. 2) Regulations 1994 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
24th May 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd May 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
26th May 1995


text:
1
This Order may be cited as the Air Navigation (Isle of Man) (Revocation) Order 1995 and shall come into force on 22nd June 1995.
2
The Air Navigation (Isle of Man) Order 1979 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as The Mines Miscellaneous Health and Safety Provisions Regulations 1995 and shall come into force on 26th October 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1954 Act ” means the Mines and Quarries Act 1954 ;
“the 1992 Regulations ” means the Management of Health and Safety at Work Regulations 1992 ;
“the 1993 Regulations ” means the Management and Administration of Safety and Health at Mines Regulations 1993 ;
“approved” means approved for the time being in writing by the Executive and “approve” and “approval” shall be construed accordingly;
“employer” includes the owner if he employs persons at work at the mine;
“the Executive” means the Health and Safety Executive;
“gas outburst” means a sudden release of gas with or without the projection of minerals or rocks;
“the health and safety document” shall be construed in accordance with regulation 4;
“hydraulic fluid” means a fluid used for the transmission of hydrostatic or hydrokinetic mechanical energy;
“manager” means —
the person appointed as the manager of the mine under regulation 8 of the 1993 Regulations; and
in relation to a part of a mine, the person appointed as the manager of that part under regulation 15 of the 1993 Regulations;
“mine” means a mine within the meaning of the 1954 Act;
“owner” means an owner within the meaning of section 181 of the 1954 Act;
“rockburst” means a sudden failure of stopes, pillars, walls or other rock buttresses adjacent to or in the mine workings.
2
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
Save where the contrary intention appears, these Regulations shall apply to all mines.
2
These Regulations shall apply to a self-employed person as they apply to an employer and as if that self-employed person were both an employer and a person at work.
The health and safety document
4
1
The owner of every mine shall ensure that no work shall be carried out at the mine unless a document (in these Regulations referred to as the “health and safety document”) has been prepared, which
a
demonstrates that the risks to which persons at work at the mine are exposed have been assessed in accordance with regulation 3 of the 1992 Regulations;
b
demonstrates that adequate measures, including measures concerning the design, use and maintenance of the mine and its equipment, have been and will continue to be taken to safeguard the health and safety of the persons at work; and
c
includes a statement of how the measures referred to in sub-paragraph (b) will be co-ordinated.
2
In addition to the matters referred to in paragraph (1), the health and safety document shall where appropriate also include —
a
a plan detailing the equipment and measures required to protect persons at work at the mine from the risk of explosion;
b
a fire protection plan detailing the likely sources of fire, and the precautions to be taken to protect against, to detect and combat the outbreak and spread of fire;
c
where toxic gases are or may be present in the atmosphere at the mine, in such concentration that the atmosphere may be harmful to the health of persons at work, a plan detailing the protective equipment and measures required to protect persons at work at the mine from the harmful atmosphere; and
d
in any zone below ground where rockbursts or gas outbursts may occur an operating plan setting out as far as possible the susceptible zones and the measures necessary for the protection of persons at work in, approaching or traversing such zones.
3
The owner shall ensure that the health and safety document is —
a
kept up to date and revised where necessary including, without limitation, if the mine undergoes major changes (including natural changes), extensions or conversions; and
b
made available to each employer of persons at work at the mine.
4
The owner shall ensure that the measures identified in the health and safety document are taken and that any plans included in that document are followed.
Co-ordination
5
The owner shall co-ordinate the implementation of all measures relating to the health and safety of the persons at work at the mine.
Additional health and safety requirements
6
1
Subject to paragraph (2),
a
every employer of persons at work at a mine shall ensure that the additional health and safety requirements set out in Part I of Schedule 1; and
b
every owner of a mine shall ensure that the additional health and safety requirements set out in Part II of Schedule 1,
are in each case complied with as appropriate having regard to the features of the mine, to the nature and circumstances of the work carried on there and to the provisions of the health and safety document.
2
The additional health and safety provisions referred to in paragraph (1) shall apply without prejudice to the requirements of the relevant statutory provisions relating to the mine.
Health surveillance
7
1
An employer of a person at work at a mine shall ensure that he is provided with such health surveillance as is appropriate; and where that person is assigned to the work after the date of coming into force of these Regulations, the health surveillance shall be commenced before he is so assigned.
2
In this regulation “appropriate” means appropriate having regard to the nature and magnitude of the risks to the health and safety of the persons created by the relevant work.
Hydraulic fluids
8
1
Subject to the provisions of paragraph (2) the manager of every mine shall ensure so far as is reasonably practicable that only hydraulic fluids which are both difficult to ignite and satisfy any specifications relating to fire resistance and hygiene approved for the purposes of this regulation are used at the mine.
2
Where it is not reasonably practicable to use hydraulic fluids which satisfy the requirements of paragraph (1) the manager shall ensure that appropriate action is taken to avoid any increased risk of fire resulting from the use of the hydraulic fluid.
Disapplication of section 157 of the 1954 Act
9
Section 157 of the 1954 Act (which provides a defence in legal proceedings and prosecutions in certain circumstances) shall not apply in relation to any prosecutions or other legal proceedings based on an allegation of a contravention of a requirement or prohibition imposed by these Regulations.
Modifications
10
The provisions of the instruments specified in column 1 of Schedule 2 shall be modified to the extent specified in the corresponding entry in column 2 of that Schedule.
Revocations
11
The Coal and other Mines (Working Plans) Rules 1956 and the Coal and other Mines (Abandonment Plans) Rules 1956 are hereby revoked.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
26th July 1995


text:
1
The Borough of Trafford (A5063 Trafford Road/White City Gyratory System Canal Bridges) Scheme 1993 is hereby confirmed.
2
The said scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto, and copies of the scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P3PY and at the offices of Trafford Metropolitan Borough Council, Town Hall, Talbot Road, Stretford, Greater Manchester M32 0YT.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as Borough of Trafford (A5063 Trafford Road/White City Gyratory System Canal Bridges) Scheme 1993 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Northern Region
Department of Transport
9th January 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2, paragraph 1 of the principal Order, the definition of “managed woodland” shall be deleted.
Rates of payment under agreement
5
In article 6 of the principal Order —
1
in paragraph (1) —
a
in sub-paragraph (a), for the amount “£10”, there shall be substituted the amount “£15”;
b
in sub-paragraph (b), for the amount “£28”, there shall be substituted the amount “£40”;
c
in sub-paragraph (d), for the amount “£25”, there shall be substituted the amount “£40”;
2
in paragraph (2) —
a
the words “or in Schedule 3” shall be deleted;
b
in the table, in the right hand column, for the figure “210”, there shall be substituted the figure “200”;
c
in the table —
i
in the left hand column, the words “Schedule 3” shall be deleted;
ii
in the right hand column, on the corresponding line, the figure “25” shall be deleted;
3
in paragraph (3), for the amount “£3”, there shall be substituted the amount “£3.50”;
4
after paragraph (3), there shall be inserted the following paragraph:
3A
Where an agreement includes a requirement to add top-wiring to specified walls, the Minister shall also make payments at a rate of £1 per metre of wall to which top-wire has been added.
;
5
for paragraph (4), there shall be substituted the following paragraph:
4
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £20,000 for each agreement.
.
Amendment to Schedules
6
1
Schedule 3 to the principal Order shall be deleted.
2
In Schedule 5 to the principal Order, in paragraph 2, the word “traditional”, where it first appears, shall be deleted.
Saving
7
1
Article 5(1), (2)(b) and (3) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
2
Articles 4, 5(2)(a), 5(2)(c) and 6(1) of this Order shall not apply in relation to any agreement made on or before the coming into force of this Order.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lord Commissioners of Her Majesty’s Treasury
23rd January 1995