text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 and, subject to paragraph (2), shall come into force on 1st July 1992.
2
These Regulations shall come into force for the purposes of regulation 5 insofar as it applies to any carriage such as is specified in regulation 2(1)(b) or (d) on 1st January 1995.
3
In these Regulations, unless the context otherwise requires —
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time;
“agriculture” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 ;
“approved” means approved in writing for the purposes of these Regulations;
“approved list” has the same meaning as in regulation 4 of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ;
“attendant” means a person who accompanies the driver of a vehicle carrying explosives to help ensure their safety and security;
“break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988 ;
“carriage” means carriage arising out of or in connection with work and shall be construed in accordance with regulations 1(7) and 2(3); and related words shall be construed accordingly;
“Compatibility Group” and “Compatibility Group letter” have the same meanings as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983 ;
“Contracting Party” means a country which is a signatory to ADR;
“the Council Directive” means Council Directive 89/684/ EEC on vocational training for certain drivers carrying dangerous goods by road , as revised from time to time;
“dangerous goods” means any substance, liquid or material which is specified in regulation 2(1);
“dangerous substance” (where used in or in relation to regulation 2(1)(a)) has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 and (where used in or in relation to regulation 2(1)(b)) has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“Division” and “Division number” have the same meanings as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983;
“explosives”, “explosive article” and “explosive substance” have the same meanings as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989 ;
“flammable gas” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“flash point” has the same meaning as in regulation 2(1) of the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984;
“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ;
“member state” means a country (other than the United Kingdom) which is a member of the European Communities;
“military explosive” has the same meaning as in regulation 2(1) of the Classification and Labelling of Explosives Regulations 1983;
“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“organic peroxide” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“operator” shall be construed in accordance with regulation 3;
“packing group” has the same meaning as in regulation 2(3)(c) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“permissible maximum weight”, in relation to a road tanker or other vehicle, has the same meaning as it does in section 108(1) of the Road Traffic Act 1988 in relation to a goods vehicle as defined by section 192(1) of that Act;
“petroleum licensing authority” has the same meaning as in regulation 25(2) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992;
“radioactive material” has the same meaning as in section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“receptacle” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“road” means —
as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988;
as respects Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road tanker” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992;
“semi-trailer” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;
“tank container” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992;
“toxic gas” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992;
“trailer” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989.
4
Where a vehicle which is engaged in the carriage of dangerous goods is —
a
being driven by a person undergoing training under the supervision of an instructor; or
b
being towed or otherwise moved by a break-down or recovery vehicle and the driver of the break-down or recovery vehicle is accompanied by the driver of the vehicle which is being towed or otherwise moved,
the instructor or (as the case may be) the driver of the vehicle which is being towed or otherwise moved shall be regarded as the driver of the vehicle concerned for the purposes of these Regulations.
5
Any requirement imposed by regulations 4 to 9 on or in respect of the driver of a vehicle which is engaged in the carriage of explosives shall be taken to include a like requirement imposed on, or as the case may be, in respect of an attendant.
6
A combination of a motor vehicle and one or more trailers or semi-trailers shall be deemed for the purposes of these Regulations to be a single vehicle for as long as the constituent parts of such a combination remain attached, and dangerous goods contained in different parts of such a vehicle shall accordingly be considered to be contained in the same vehicle.
7
Without prejudice to the generality of regulation 2(3), a trailer or semi-trailer containing dangerous goods shall not be considered to be engaged in the carriage of dangerous goods for the purposes of these Regulations unless it forms part of a combination deemed to be a single vehicle in accordance with paragraph (6).
8
For the purposes of these Regulations, a vehicle shall be deemed to be registered in the United Kingdom where the relevant motor vehicle is registered under the Vehicles (Excise) Act 1971 or any enactment repealed thereby.
9
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears;
c
the driver of a vehicle does not include a reference to a person whose work does not involve his driving the vehicle concerned on a road; or
d
the particular substance identification number of a dangerous substance is a reference to the corresponding number set out in Part III of the list referred to in regulation 4(1) of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992, as revised from time to time in accordance with regulation 4(2) thereof.
Application
2
1
These Regulations shall apply —
a
to the carriage of any dangerous substance in —
i
a road tanker having (subject to paragraph (2) in the case of the application of regulation 4 to such carriage) a capacity greater than 3,000 litres or a permissible maximum weight exceeding 3.5 tonnes, or
ii
a tank container carried on a vehicle, regardless of the permissible maximum weight of the vehicle concerned,
except where specified in Schedule 1 or Part I of Schedule 2;
b
to the carriage in or, as the case may be, on a vehicle having (subject to paragraph (2) in the case of the application of regulation 4 to the carriage concerned) a permissible maximum weight exceeding 3.5 tonnes —
i
of any dangerous substance in bulk,
ii
(in a receptacle, regardless of its capacity), of any organic peroxide which is subject to regulation 11(2) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992,
iii
(in a receptacle, regardless of its capacity) of any flammable solid which is subject to regulation 11(3) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992,
iv
(in a receptacle with a capacity of 5 litres or more) of any organic peroxide (other than one which is subject to regulation 11(2) of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992), any flammable or toxic gas or any other dangerous substance being within packing group I,
v
(in a receptacle with a capacity of 5 litres or more) of any asbestos falling within sub-paragraph (a) of the definition of dangerous substance or any substance such as is specified in sub-paragraph (d) of that definition,
vi
(in a receptacle with a capacity of 5 litres or more) of any dangerous substance both listed in the approved list as “hazardous waste” and designated as “special waste” by regulation 2(1)(a)(i) of the Control of Pollution (Special Waste) Regulations 1980 ,
vii
(in a receptacle with a capacity of 200 litres or more) of any dangerous substance not specified in heads (ii) to (vi) of this sub-paragraph, or
viii
(in a transformer or capacitor, regardless of its capacity), of any dangerous substance not specified in heads (ii) to (v) of this sub-paragraph,
except where specified in Schedule 1 or Part II of Schedule 2;
c
to the carriage of any explosives in or on a vehicle not also being used to carry passengers for hire or reward (regardless of the permissible maximum weight of the vehicle concerned), except where specified in paragraph 1 of Schedule 1 or Part III of Schedule 2; and
d
to the carriage of any radioactive material in or on a vehicle having (subject to paragraph (2) in the case of the application of regulation 4 to such carriage) a permissible maximum weight exceeding 3.5 tonnes, except where specified in Schedule 1 or under the conditions set out in Schedules 1 to 4 of marginal 2704 of ADR;
and, unless the context otherwise requires, any reference in these Regulations to the carriage of dangerous goods shall be construed as a reference to any carriage to which these Regulations apply by virtue of this paragraph.
2
Neither the capacity nor the permissible maximum weight of the road tanker or other vehicle concerned shall be taken into account in ascertaining whether or not regulation 4 applies to any carriage by virtue of sub-paragraph (a)(i), (b) or (d) of paragraph (1).
3
A vehicle shall be deemed to be engaged in —
a
such carriage to which these Regulations apply by virtue of paragraph (1)(a)(i), from the commencement of loading the road tanker with the dangerous substance concerned for the purpose of carrying it on a road until the carrying tank of the road tanker and (where appropriate) any compartment of that carrying tank have been cleaned or purged so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person, regardless of whether or not the road tanker is on a road at the material time;
b
such carriage to which these Regulations apply by virtue of paragraph (1)(a)(ii) —
i
(in the case where the tank container has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time the tank container is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or
ii
(in the case where the tank container has been placed on the vehicle before the commencement of loading) from the commencement of loading the tank container with the dangerous substance concerned for the purpose of carrying it by road,
until in either case —
the tank container is removed from the vehicle, or
the tank container and (where appropriate) any compartment of the tank container have been cleaned or purged so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person,
and, in either of the cases referred to in this sub-paragraph, regardless of whether or not the road tanker or other vehicle is on a road at the material time;
c
such carriage to which these Regulations apply by virtue of paragraph (1)(b) —
i
in the case of a vehicle carrying a dangerous substance in bulk other than in a freight container, from the commencement of loading the relevant vehicle with the dangerous substance concerned for the purpose of carrying that substance on a road until the vehicle has been unloaded (and where necessary cleaned or purged) so that any of the dangerous substance or its vapour which remains in the vehicle is not sufficient to create a risk to the health or safety of any person, or
ii
in the case of a vehicle carrying a dangerous substance in a freight container, receptacle, transformer or capacitor —
aa
(if the relevant freight container, receptacle, transformer or capacitor has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time the freight container, receptacle, transformer or capacitor is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or
bb
(if the relevant freight container, receptacle, transformer or capacitor has been placed on the vehicle before the commencement of loading) from the commencement of loading the freight container, receptacle, transformer or capacitor with the dangerous substance concerned for the purpose of carrying it by road,
until —
aaa
the freight container, receptacle, transformer or capacitor is removed from the vehicle, or
bbb
the freight container, receptacle, transformer or capacitor (and, where necessary, the vehicle carrying same) have been emptied (and where necessary cleaned or purged) so that any of the dangerous substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person,
and, in either of the cases referred to in this sub-paragraph, regardless of whether or not the vehicle is on a road at the material time;
d
such carriage to which these Regulations apply by virtue of paragraph (1)(c), from the commencement of loading the vehicle with the explosives concerned for the purpose of carrying them on a road until all the explosives have been unloaded from the vehicle, regardless of whether or not the vehicle concerned is on a road at the material time; and
e
such carriage to which these Regulations apply by virtue of paragraph (1)(d), from the commencement of loading the vehicle with the radioactive material concerned for the purpose of carrying it on a road until the vehicle has been unloaded and where necessary cleaned so that any of the material which remains on or in the vehicle is not sufficient to create a risk to the health or safety of any person, regardless of whether or not the vehicle is on a road at the material time;
4
For the purposes of paragraph (1)(b)(i)), the carriage in bulk of a dangerous substance shall, unless the context otherwise requires, include the unconfined carriage of such a substance in a freight container, but shall not include the carriage of such a substance —
a
in a receptacle (whether or not the receptacle is carried in a freight container);
b
in a road tanker;
c
in a tank container; or
d
in a transformer or capacitor.
5
In this regulation, “carrying tank” means a tank which is referred to thus in the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 by virtue of the definition of “road tanker” contained in regulation 2(1) thereof.
Meaning of operator
3
1
The operator of any vehicle which is engaged in the carriage of dangerous goods shall be —
a
the person who holds an operator’s licence (granted under Part V of the Transport Act 1968 ) for the use of that vehicle for the carriage of goods on a road, except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this regulation, “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984; or
b
where no such licence is held —
i
(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, and
ii
(in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.
2
Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of dangerous goods on behalf of his employer, that employer shall, notwithstanding that sub-paragraph, be regarded as the operator of the vehicle for the purposes of these Regulations.
Instruction and training for drivers
4
1
The operator of any vehicle registered in the United Kingdom which is engaged in the carriage of dangerous goods shall ensure that the driver of the vehicle has received —
a
adequate instruction and training to enable him to understand —
i
the nature of the dangers to which the particular dangerous goods being carried may give rise and the action to be taken in an emergency concerning them, and
ii
his duties under the Health and Safety at Work etc. Act 1974; and
b
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(a)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992;
c
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(b)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; or
d
(in respect of any carriage to which these Regulations apply by virtue of regulation 2(1)(c)) adequate instruction and training to enable him to understand his duties under the Road Traffic (Carriage of Explosives) Regulations 1989.
2
Each operator shall keep a record of any training provided by him in accordance with paragraph (1) to the driver of a vehicle who is his employee and shall make available a copy of that record to the driver concerned.
Vocational training certificates
5
1
Subject to regulations 6 and 7, the operator of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the driver of that vehicle holds a valid certificate applicable to that carriage (to be known as a “vocational training certificate”) issued by the Secretary of State.
2
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) where —
a
he has successfully completed such training in the carriage of the dangerous goods concerned as the Secretary of State has from time to time approved;
b
he has passed an examination (the syllabus of which shall cover the training referred to in sub-paragraph (a) of this paragraph) which has been approved by the Secretary of State; and
c
a fee of £2.50 has been paid to the Secretary of State.
3
Each vocational training certificate issued in accordance with paragraph (1) shall be in a form approved by the Secretary of State.
4
The training referred to in paragraph (2)(a) shall be given in the form of a theoretical course accompanied by practical exercises and shall cover at least the subjects specified in Schedule 3.
5
Each vocational training certificate issued in accordance with paragraph (1) shall be valid for a period of 5 years from the date of issue, but its validity may be extended for periods of up to 5 years by the Secretary of State where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with this paragraph —
a
the holder can show to the satisfaction of the Secretary of State that he has —
i
successfully completed a refresher course in the carriage of dangerous goods which has been approved by the Secretary of State, and
ii
passed the examination referred to in paragraph (2)(b); and
b
a fee of £2.50 has been paid to the Secretary of State.
6
Schedule 4 shall have effect with respect to fees for applications for such approvals under this regulation as are specified in paragraph 1 of that Schedule.
7
Any current certificate in the form set out in Appendix B.6 to ADR (regardless of whether or not that certificate has been extended in the manner described by Article 5.2 of the Council Directive) which is held by a driver and which was issued to him under national provisions giving effect to Article 1 of that Directive in a member state or in Northern Ireland shall be deemed to be a vocational training certificate issued in conformity with the foregoing provisions of this regulation valid for the carriage of those dangerous goods to which it is applicable.
Provisional vocational training certificates
6
1
It shall be sufficient compliance with regulation 5(1) insofar as it applies to any carriage such as is specified in regulation 2(1)(a) or (c) where the driver of the relevant vehicle holds a certificate (to be known as a “provisional vocational training certificate”) —
a
applicable to the carriage concerned;
b
issued by the Secretary of State;
c
in a form approved by the Secretary of State; and
d
stating its expiry date.
2
The Secretary of State may not issue a provisional vocational training certificate in accordance with paragraph (1) unless he —
a
is satisfied that the driver concerned has, without having completed the training or passed the examination referred to in regulation 5(2), been working as a driver of vehicles engaged in the carriage to which it will be applicable for the 5 years preceding 1st July 1992; and
b
has received a fee of £5.00.
3
In ascertaining whether or not a driver has been working for the length of time specified in paragraph (2)(a), no account shall be taken of any seasonal lay-offs or holidays, or breaks between employment of up to 6 months in any 12-month period or totalling up to 18 months, during that time.
4
Each provisional vocational training certificate issued in accordance with paragraph (1) shall expire on 1st January 1995.
5
Any current certificate which is held by a driver and which was issued to him under national provisions giving effect to Article 4.2 of the Council Directive in Northern Ireland shall be deemed to be a provisional vocational training certificate issued in conformity with the foregoing provisions of this regulation valid for the carriage of those dangerous goods to which it is applicable.
Existing training certificates
7
It shall be sufficient compliance with regulation 5(1) where the driver of the relevant vehicle holds a training certificate applicable to the dangerous goods being carried which was issued to him by the appropriate national authority before the coming into force of that provision as respects the carriage concerned on the basis of existing national provisions which the Commission of the European Communities has confirmed satisfy the corresponding requirements of the Council Directive; provided that such compliance shall cease —
a
on 1st July 1997, insofar as the certificate concerned relates to such carriage as is specified in regulation 2(1)(a) or (c);
b
on 1st January 2000, insofar as the certificate concerned relates to such carriage as is specified in regulation 2(1)(b) or (d); or
c
at the end of the period of validity of the certificate concerned, where that date is earlier than the relevant date specified in sub-paragraph (a) or (b) above.
Fees for issue of certificates
8
Nothing in regulation 5(2)(c) or (5)(b) or 6(2)(b) shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the Health and Safety at Work etc. Act 1974.
Certificates to be available during carriage
9
The driver of any vehicle which is engaged in the carriage of dangerous goods shall ensure that the relevant certificate he holds in accordance with regulation 5, 6 or 7 is so kept by him that it is immediately available during the whole of the carriage.
Certificates to be produced to police constables, etc.
10
1
The driver of any vehicle which is engaged in the carriage of dangerous goods shall on request produce to any police constable or goods vehicle examiner the relevant certificate he holds in accordance with regulation 5, 6 or 7.
2
The driver of any vehicle which is engaged in the carriage of any radioactive material shall on request produce to any inspector appointed in accordance with section 1(3)(a) of the Radioactive Material (Road Transport) Act 1991 the relevant certificate he holds in accordance with regulation 5, 6 or 7.
3
In this regulation, “goods vehicle examiner” has the meaning assigned to it by section 68(2) of the Road Traffic Act 1988.
Enforcement
11
Notwithstanding the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall —
a
insofar as they apply to the carriage of explosives, be the Health and Safety Executive; and
b
insofar as they apply to the carriage of petrol (and that carriage is also carriage which is subject to the provisions of Schedule 4 to the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992), be the relevant petroleum licensing authority ascertained in accordance with regulation 25(2)(a) of the said Regulations.
Exemption certificates
12
1
The Health and Safety Executive may, by a certificate in writing, exempt the operator of a vehicle from any requirement imposed upon him by regulation 4; and any such exemption may be granted subject to conditions and to a limit of time and may in any event be revoked at any time by the Health and Safety Executive by a further certificate in writing.
2
The Health and Safety Executive shall not grant any exemption in accordance with paragraph (1) unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
3
The Health and Safety Executive may, by a certificate in writing, issue exemptions from regulation 5(1) in accordance with the criteria laid down by Article 3 of the Council Directive.
4
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt the operator of —
a
any home forces' vehicle; or
b
any vehicle in the service of a visiting force or a headquarters, from —
i
the requirements in paragraphs (a) and (b) respectively of regulation 4(1) insofar as they apply to the carriage of any military explosive, or
ii
the requirement in regulation 5(1),
and any such exemption may be granted subject to conditions and to a limit of time and may in any event be revoked at any time by the said Secretary of State by a further certificate in writing.
5
In this regulation —
a
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
b
“home forces' vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles Lighting Regulations 1989 ; and
c
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 .
Defence
13
In any proceedings for an offence under regulation 4 or (where the driver of the vehicle is specified in paragraph 1(c) or (d) of Schedule 1 but the carriage of the dangerous goods concerned is not thereby excluded from the application of these Regulations) regulation 5(1), it shall be a defence for the operator to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Revocations
14
The following provisions are revoked by these Regulations —
a
regulation 14 of the Road Traffic (Carriage of Explosives) Regulations 1989;
b
regulation 7 of the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992; and
c
regulation 26 of the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992.
Signed by Authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
12th March 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Rules may be cited as the Magistrates' Courts (Unit Fines) Rules 1992 and shall come into force on 1st October 1992.
2
These Rules apply to a fine imposed by a magistrates' court the amount of which falls to be fixed under section 18 of the Criminal Justice Act 1991 ( “the Act ”).
3
Nothing in these Rules shall apply in relation to offences committed before 1st October 1992.
Interpretation
2
1
In these Rules —
a
any reference to a “means enquiry form” is a reference to Form A or B set out in Schedule 1 to these Rules or a form to like effect, and “appropriate means enquiry form” shall be construed accordingly;
b
any reference to an offender, and an offender’s disposable weekly income, shall have effect, in a case to which section 57(3) of the Act applies, as if it were a reference to the parent or guardian against whom the order to pay the fine of the child or young person in question is made, and to the disposable weekly income of the parent or guardian.
Arrangements for provision of means enquiry form
3
The clerk to the justices for each petty sessions area shall make arrangements to secure, so far as is possible, that where a person is to appear before a magistrates' court for the area for an offence to which section 18 of the Act applies, he or, where that person is under the age of 16, his parent or guardian, is supplied with an appropriate means enquiry form.
Determination of disposable weekly income
4
1
Subject to subsections (5), (6) and (8) of section 18 of the Act (which make special provision for determination in certain cases) and to paragraph (2) below, for the purpose of fixing the amount of a fine to which these Rules apply, the amount of an offender’s disposable weekly income shall be the amount given in his case by the application of the formula
I - E 3 ,
I is the amount of his net weekly income, and
E is the amount of the appropriate expenditure level in his case,
determined by the court in accordance with these Rules.
2
With the consent of an offender, whether given orally or in writing, the court may determine his disposable weekly income to be an amount equal to 1/50th of level 5 on the standard scale or, where section 18(6) of the Act applies, the appropriate fraction of that amount.
3
Before sentencing an offender who is present in court, unless he has previously furnished the court with the information, the court shall invite him, whether in writing or orally, to furnish to the court information as to the matters specified in a means enquiry form.
4
As well as any information so furnished, or furnished in pursuance of an order of the court under section 20(1) of the Act, the court may take into account such other information relating to an offender’s means as appears to the court to be relevant.
5
In determining an offender’s disposable weekly income there shall be disregarded —
a
any child benefit paid to the offender under section 1 of the Child Benefit Act 1975( ); and
b
any sum or sums payable by the offender as a result of any fine imposed or compensation order made in proceedings other than those in respect of which the determination is to be made.
6
The court may round up or down, as and where appropriate, the amount determined to be an offender’s disposable weekly income to the nearest whole pound.
7
Schedule 2 to these Rules shall have effect for the purpose of determining an offender’s net weekly income and the appropriate expenditure level in his case.
Order for statement of means
5
Where, in relation to a fine to which these Rules apply, an offender is ordered to furnish a statement of means under section 20(1) of the Act it shall be furnished on a means enquiry form.
Announcement of number and value of units
6
Where a court imposes a fine to which these Rules apply, it shall announce in open court —
a
the number of units determined under section 18(2)(a) of the Act as being commensurate with the seriousness of the offence for which the fine is imposed or the combination of that offence and other offences associated with it (hereinafter called “the relevant number of units ”); and
b
the value to be given to each of those units, determined in accordance with these Rules.
Particulars of unit fine to be entered in register
7
Where a court imposes a fine to which these Rules apply, there shall be entered in the register particulars of —
a
the relevant number of units;
b
any consent given by the offender pursuant to rule 4(2) above; and
c
the value to be given to each of the units mentioned in sub-paragraph (a) above, determined in accordance with these Rules.
Mackay of Clashfern,C.
Dated 27th July 1992


text:
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992, shall apply throughout the United Kingdom and shall come into force on 20th March 1992.
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 in writing, 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;
“commercial document” has the meaning assigned to it by Article 1(2) of Regulation 4045/89;
“Community debt” means —
any amount of money paid by the Board to a specified beneficiary in relation to a regulated transaction —
in connection with which that person has made a statement or furnished any information which is false or misleading in a material particular; or
which that person has failed to carry out or to carry out in accordance with any Community requirement relating to that regulated transaction;
any amount of money which a specified beneficiary or specified contributor has become liable to pay to the Board in relation to a regulated transaction;
“Community requirement” means a requirement specified by or in pursuance of Community law in relation to a regulated transaction which a specified person is required to comply with for the correct execution of that transaction;
“connected person” means any person to whom, in accordance with Article 2(3) of Regulation 4045/89, the scrutiny provided for in Article 1(1) of that Regulation may be extended;
“the 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 Wales, the Secretary of State; and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“the Fund” means the European Agricultural Guidance and Guarantee Fund set up under Article 1 of Council Regulation 25 on the financing of the common agricultural policy
“regulated transaction” means a transaction to which Article 1(1) of Regulation 4045/89 applies;
“Regulation 4045/89” means Council Regulation ( EEC ) No. 4045/89 on scrutiny by Member States of transactions forming part of the system of financing by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund and repealing Directive 77/435/EEC ;
“specified beneficiary” means any person who, in the course of a trade or business in a specified commodity, has applied for or received the whole or any part of any sum financed by the Guarantee Section of the Fund;
“specified contributor” means any person who, in the course of a trade or business in a specified commodity, has paid, or incurred a liability to pay, the whole or any part of any sum for the account of the Guarantee Section of the Fund;
“specified person” means any person who is a specified beneficiary or a specified contributor.
2
For the purposes of these Regulations a “specified commodity” means any of the products that are subject to the provisions of Articles 39 to 46 of the EEC Treaty (which are listed in Annex II to that Treaty) and any goods processed from those products as are set out in Annexes B and C to Council Regulation (EEC) No. 3035/80 , as substituted by Commission Regulation (EEC) No.4055/87 , and the Annex to Council Regulation (EEC) No. 3033/80 , as substituted by Commission Regulation (EEC) No.3743/87 and thereafter amended by Commission Regulation (EEC)No. 1436/90 .
3
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in Regulation 4045/89.
4
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Keeping and retention of records
3
Without prejudice to the generality of Article 4 of Regulation 4045/89 (which prescribes the period for which commercial documents should be kept), the Board may by notice published in the London, Edinburgh and Belfast Gazettes require any specified person or connected person to keep and retain, in respect of any specified commodity, such records as may be specified in that notice, for the period prescribed in that Article.
Export
4
The export outside the United Kingdom of any of the specified commodities in respect of which a security is required by Article 32 of Commission Regulation (EEC) No. 3540/85 laying down detailed rules for the application of the special measures for peas, field beans and sweet lupins , as substituted by Commission Regulation (EEC) No. 1561/90 , to be lodged before it is exported shall be prohibited unless that security has been lodged with the Board, to the satisfaction of the Board.
Powers of authorised officers
5
1
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of ascertaining whether, in respect of any regulated transaction —
a
the regulated transaction has actually been carried out and has been carried out in accordance with any Community requirement relating to that regulated transaction; or
b
an offence under regulation 8(1)(a), (b) or (d), (3), (4), (5), (10)or (11) has been or is being committed.
2
An authorised officer may enter any premises, other than premises used only as a dwelling, which are, or which such officer has reasonable cause to believe to be, occupied by, or in the possession of, any specified person, connected person or any employee, servant or agent of either such person.
3
An authorised officer who has entered any premises by virtue of this regulation may —
a
inspect those premises;
b
inspect any animal or equipment found on those premises which is, or which such officer reasonably suspects to be, an animal or equipment to which a regulated transaction relates;
c
inspect and take samples of any specified commodity or other substance found on those premises which such officer reasonably suspects to be a specified commodity or any substance which, in accordance with any Community requirement, may be used with a specified commodity.
4
An authorised officer entering any premises by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer may —
a
require any specified person, connected person or any employee, servant or agent of either such person to produce any commercial document and to supply such additional information in that person’s possession or under his control relating to a Community debt or to a trade or business in a specified commodity as the authorised officer may reasonably request;
b
inspect any such commercial document and, where any such 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 in use in connection with that document;
c
require that copies of, or extracts from, any commercial document be produced;
d
seize and retain any such commercial document which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away.
6
In —
a
paragraphs (2), (3) and (4) above “premises” include any vehicle, and
b
paragraph (5) above “commercial document” includes any record which the Board may, by notice published under regulation 3, require any specified person or connected person to keep.
Assistance to authorised officers
6
A specified person, connected person or any employee, servant or agent of either such person shall give to an 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 regulation 5 and in particular, in relation to any animal, shall arrange for its collection, penning and securing, if so requested.
Scrutiny for the purposes of Regulation 4045/89
7
Without prejudice to the generality of the provisions of regulation 5, authorised officers shall be deemed to be officials responsible for scrutiny for the purposes of Regulation 4045/89 and accordingly shall have the powers conferred on such officials by Article 5 (which relates to the production of commercial documents and the supply of additional information) and Article 6 (which deals with the seizure of commercial documents) of that Regulation.
Offences and penalties
8
1
If any person —
a
fails to comply with a request made under Article 5(1) of Regulation 4045/89 (which relates to the production to authorised officers of commercial documents and of additional information which they may request); or
b
fails to comply with a requirement made under Article 5(2) of Regulation 4045/89 (which relates to the supply of extracts or copies of commercial documents); or
c
intentionally obstructs an authorised officer (or a person accompanying him and acting under his instructions) acting in the exercise of a power conferred by regulation 5 or by virtue of regulation7; or
d
fails to comply with a request made under regulation 6, he shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
3
If any specified beneficiary —
a
fails to comply with Article 4 of Regulation 4045/89 (which lays down requirements relating to the retention of commercial documents); or
b
fails to comply with a requirement imposed on him by notice published under regulation 3, he shall be guilty of an offence.
4
If any connected person fails to comply with a requirement imposed on him by notice published under regulation 3 he shall be guilty of an offence.
5
If any person fails to comply with regulation 4 he shall be guilty of an offence.
6
A person guilty of an offence under paragraphs (3), (4) or (5) above shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
7
Proceedings in England and Wales and in Northern Ireland for an offence under paragraphs (1), (3), (4) or (5) above may 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, and in any case within twelve months from the commission of the offence.
8
Summary proceedings in Scotland for an offence under paragraphs (1),(3), (4) or (5) above many 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, and in any case within twelve months from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.
9
A certificate purporting to be signed —
a
for the purposes of paragraph (7) above, by or on behalf of the enforcement authority, or
b
for the purposes of paragraph (8) above, by the prosecutor, shall be conclusive evidence of 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).
10
If any specified contributor —
a
fails to comply with Article 4 of Regulation 4045/89; or
b
fails to comply with a requirement imposed on him by notice published under regulation 3,
he shall be guilty of an offence and liable, on summary conviction in Great Britain, to a fine not exceeding the statutory maximum or, on such conviction in Northern Ireland, to a fine not exceeding £2,000 or, on conviction on indictment in Great Britain or Northern Ireland, to a fine.
11
If any person —
a
fails to comply with Article 8(1) of Regulation 4045/89 (which restricts the communication of information collected in the course of scrutiny); or
b
for the purposes of obtaining for himself or any other person the whole or any part of any sum financed by or for the account of the Guarantee Section of the Fund or for the purposes of evading payment of the whole or any part of such a sum for which he or any other person is liable, or in purported compliance with any such requirement as is imposed by notice published under regulation 3 —
i
furnishes information which he knows to be false or misleading in a material particular; or
ii
recklessly furnishes information which is false or misleading in a material particular,
he shall be guilty of an offence.
12
A person guilty of an offence under paragraph (11) above shall be liable —
a
on summary conviction in Great Britain, to a fine not exceeding the statutory maximum or, on such conviction in Northern Ireland, to a fine not exceeding £2,000; or
b
on conviction on indictment in Great Britain or Northern Ireland, to a fine, or to imprisonment for a term not exceeding two years, or both.
13
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.
14
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (13) 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.
15
In paragraphs (13) and (14) 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
9
Proceedings for an offence under these Regulations shall not, in England and Wales or Northern Ireland, be instituted except by an enforcement authority.
Defence of due diligence
10
In any proceedings for an offence under regulation 8(1)(a) or (b), (3), (4) or (10), 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.
Recovery powers
11
The Board may recover from any specified person any Community debt owed by that person.
Revocation
12
The Orders and Regulations specified in the Schedule to these Regulations are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
12th February 1992.
Ian Lang
Secretary of State for Scotland
18th February 1992


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations 1992 and shall come into force on 4th January 1993.
2
These Regulations extend to England only.
Definitions
2
1
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“attendance record” means the record of a pupil’s school attendance contained in the Attendance Register kept in accordance with section 80 of the Education Act 1944 and the Pupils' Registration Regulations 1956 ;
“ GCE 'A' level” and “ GCE 'AS' ” mean General Certificate of Education advanced level and advanced supplementary respectively;
“ GCSE ” means General Certificate of Secondary Education;
“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the first, second, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a) to (d);
“levels” means the levels of attainment set out in any document of a kind referred to in section 4(4) of the Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any Order made under section 4(2)(a) or (b) of the Act and, unless the context otherwise requires, means such levels determined in accordance with the statutory arrangements;
“maintained school” has the meaning assigned to it by section 25(1) of the Act;
“NC tests” has the same meaning as in the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Technology) (Key Stage 3) Order 1992 ;
“profile component” means any grouping of attainment targets for the purposes of the statutory arrangements;
“qualification” means a qualification for the time being approved pursuant to section 5 of the Act;
“school day” means a day on which the school meets; and
“the statutory arrangements” means assessment arrangements specified by orders made under section 4(2)(c) of the Act.
2
In these Regulations references to pupils aged 15 or 17 are to pupils who attained that age during the period of twelve months ending on the 31st August immediately preceding the commencement of the school year in which they took GCSE examinations or GCE 'A' and 'AS' examinations respectively.
3
In these Regulations a reference to an attainment target, profile component or subject from which a pupil is exempt is to an attainment target, profile component or subject which does not apply to a pupil by virtue of regulations made under section 17 of the Act, provision made pursuant to section 18 of the Act in the pupil’s statement of special educational needs made under section 7 of the Education Act 1981 , or a direction given by the head teacher pursuant to regulations made under section 19 of the Act .
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
5
Any average number calculated for the purposes of these Regulations shall be calculated to the nearest whole number (halves being rounded upwards) and in calculating an average number relating to examination points scores the results of pupils who were entered for an examination but failed to attain any pass grade shall be taken into account.
Head teacher’s report to parents and adult pupils
3
1
The head teacher of every maintained school shall each school year make available in writing to the parent of each registered pupil at the school and to each such pupil who has attained or will attain the age of 18 years before 31st August next following the end of that year a report containing —
a
the information relating to the pupil’s educational achievements and the other information relating to him specified —
i
as respects pupils in the final year of a key stage, in Part 1 of Schedule 1 hereto;
ii
as respects pupils in a year of a key stage other than the final year, in Part 2 of that Schedule;
iii
as respects pupils aged at least 17 who have taken GCE 'A' level or GCE 'AS' examinations, in Part 3 of that Schedule; and
iv
as respects all pupils, in Part 4 of that Schedule; and
b
in the case of a pupil at the end of a key stage or who has taken examinations for the GCSE or GCE "A' level and "AS' examinations, the information relating to the educational achievements of all other such pupils at the school and of all such pupils at schools in England whose achievements were assessed or examined (as the case may be) at the same time as the pupil's, and the other information relating to such pupils, specified in Schedule 2 hereto.
2
The head teacher shall send the report by post or otherwise —
a
in the case of a pupil in the final year of the first or second key stage, during the period beginning on 1st June and ending with the earlier of the end of the summer term and of 31st July;
b
in the case of a pupil in the final year of the third or fourth key stage, subject to paragraph (3) during the period beginning with 15th June and ending with the earlier of the end of the summer term and of 31st July;
c
in any other case, subject to paragraph (3) at any time before the earlier of the end of the summer term and of 31st July:
Provided that the period to which the report relates shall in all cases begin with the end of the period to which the report last made pursuant to these Regulations or as the case may be the regulations revoked by regulation 11 related, or the pupil’s admission to the school, whichever is the later.
3
Where the report includes the results of public examinations taken by a pupil at the end of the fourth key stage or who is over compulsory school age and not in any key stage, or of NC tests taken by a pupil at the end of the third key stage which are subject to verification by a designated body in accordance with the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science and Techno logy) (Key Stage 3) Order 1992, and the results are not received by the head teacher until after the earlier of the end of the summer term and of 31st July, he shall send the report as soon as practicable and in any event not later than the following 30th September.
4
In sub-paragraph (b) of paragraph (1) and Schedule 2 the reference to pupils at schools in England is to pupils at all such maintained schools and at such independent schools whose achievements were assessed as if the statutory arrangements applied to them or, as the case may be, who took the examinations mentioned in that sub-paragraph and that Schedule.
5
Where the information consists of levels it shall be accompanied by a brief explanatory commentary designed to enable a parent to understand his child’s progress in the subject individually and in relation to other children in the same year of the key stage and if the levels have been determined in accordance with the statutory arrangements they shall be accompanied by a statement to that effect.
Additional information to be made available
4
1
In the case of a pupil at the end of the first or second key stage, the head teacher shall if requested by the pupil’s parent make available to the parent information consisting of his levels in each attainment target in history, geography and technology.
2
The head teacher shall comply with such a request within fifteen school days of its receipt by him.
School leaver’s report
5
1
The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).
2
The information consists of —
a
the levels attained by the pupil in each foundation subject and each attainment target of a foundation subject, determined by his most recent assessment in accordance with the statutory arrangements;
b
the results of any public examination taken by the pupil and any qualification and credits towards a qualification awarded to him; and
c
brief particulars of the pupil’s progress and achievements in other subjects and activities forming part of the school curriculum in the school year during or at the end of which the pupil left the school.
3
The information referred to in subparagraphs (a) and (c) of paragraph (2) shall be included under the heading “School Achievements” in the form specified in Schedule 3, or a form to the like effect, and that part of the form shall be signed by a teacher who is familiar with the pupil and his achievements, and the information referred to in subparagraph (b) of paragraph (2) shall be so included under the heading “Qualifications and Credits” and that part of the form shall be signed by or on behalf of the head teacher and countersigned by a teacher who is familiar with the pupil and his achievements.
4
Any form in which the information referred to in paragraph (2) is made available shall provide for signature by the pupil.
5
Such information shall be made available to the pupil not later than 30th September next following the end of the school year during or at the end of which the pupil left the school.
Report when pupil changes schools
6
1
Subject to paragraph (4) where a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall at the time referred to in paragraph (3) send to the head teacher of his new school a report about the pupil containing the information referred to in paragraph (2).
2
The information is —
a
the levels achieved by the pupil at or near the end of each key stage in each attainment target and subject;
b
in the case of a pupil of compulsory school age, his teachers' most recent assessments, since he was last assessed in accordance with the statutory arrangements, of his achievements in relation to all attainment targets in the foundation subjects which apply to him; and
c
the results of any public examination taken by him (including results of such examinations taken when the pupil was a registered pupil at another maintained school).
3
The head teacher of the pupil’s old school shall send the report within 15 school days of the pupil’s ceasing to be registered at the school.
4
This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school, nor where the pupil was registered at his old school for less than four weeks.
5
Notwithstanding paragraph (4) if the head teacher of the pupil’s old school receives at any time a request from the head teacher of the pupil’s new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within 15 school days of receiving the request.
Savings
7
1
The provisions of this regulation apply to the information required to be provided by regulation 3 or 5 consisting of brief particulars of a pupil’s skills and abilities and general progress.
2
Nothing in regulation 3 or 5 shall require the making available of any information —
a
originating from or supplied by or on behalf of any person other than —
i
an employee of the local education authority which maintains the school;
ii
in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
iii
an education welfare officer (within the meaning of the Education ( No. 2) Act 1986) or
iv
the person requesting disclosure; or
b
to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in sub-paragraph (a)) as the source of the information or as a person to whom that information relates; or
c
to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person; or
d
to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or
e
so as to disclose the levels in any attainment target or subject of any other pupil.
3
In this regulation “child abuse” includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.
Amendment of Education (School Records) Regulations 1989
8
The Education (School Records) Regulations 1989 shall be amended —
a
by the addition at the end of paragraph (3) of regulation 6 of the following words —
and the curricular record shall not include the results of any assessment of the pupil’s achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise)
;
b
by the substitution for paragraph (4) of that regulation of the following —
4
Paragraph (1)(c) does not apply to that part of a curricular record consisting of the results of any assessment of a pupil’s achievements (whether under Chapter I of Part I of the Education Reform Act 1988 or otherwise), and in that subparagraph “inaccurate” means inaccurate or misleading as to any matter of fact.
c
by the addition at the end of that regulation of the following paragraph —
6
Nothing in paragraph (3) shall be taken to prevent the disclosure and supply of copies of the results of a pupil’s assessment to the head teacher of a school to which a pupil transfers following his consideration for admission thereto.
; and
d
by the deletion of paragraph (1)(b) of regulation 12.
Translation of report
9
If it appears requisite to the head teacher of any school that any such information should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.
Qualification of head teacher’s duty
10
The duty imposed on a head teacher by regulation 3, read with Schedule 2, to provide information relating to the educational achievements of pupils at schools in England applies only to the extent that such information has been made available to the head teacher by the Secretary of State in sufficient time to enable the head teacher to provide it in accordance with that regulation.
Revocation
11
The Education (Individual Pupils' Achievements) (Information) Regulations 1990 and regulation 2 of the Education (Individual Pupils' Achievements, School Records and School Curriculum) (Amendment) Regulations 1992 are revoked.


text:
1
This Order may be cited as the A13 Trunk Road (Wennington to Dartford Tunnel Interchange Section, Detrunking) Order 1992 and shall come into force on 16th July 1992.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the deposited plan”means the plan numbered HA10/2E/325 marked “The A13 Trunk Road (Wennington to Dartford Tunnel Interchange Section, Detrunking) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads”means the trunk roads to be constructed by the Secretary of State in pursuance of the A13 Trunk Road (Wennington to Mar Dyke Section, Trunk Road and Slip Roads) Order 1992; and
iv
“the Trunk Road”means the London-Tilbury Trunk Road (A13).
3
Those lengths of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies Essex County Council that the new trunk roads are open for through traffic.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
11th June 1992


text:
Citation, commencement and revocation
1
This Order may be cited as the Gaming Machine Licence Duty (Variation of Monetary Limits and Exemptions) Order 1992 and shall come into force on 1st January 1993.
2
The Gaming Machine Licence Duty (Variation of Monetary Limits and Exemptions) Order 1989 is hereby revoked.
Variations of monetary limits and exemptions
3
1
The Betting and Gaming Duties Act 1981 shall be amended as follows.
2
In section 22(2) (small-prize machines) there shall be substituted “£6” for “£4.80”.
3
Paragraph 2 of Schedule 4 shall be amended as follows —
a
in sub-paragraph (2)(b) there shall be substituted —
i
the amount of “£3” for the amount of “£2.40” (occurring in sub-paragraphs (2)(b)(i) and (iii)); and
ii
the amount of “£6” for the amount of “£4.80” (occurring in sub-paragraphs (2)(b)(ii) and (iii));
b
in sub-paragraph (3) there shall be substituted the amount of “£6” for the amount of “£4.80” (occurring in three places);
c
in sub-paragraph (4) there shall be substituted the amount of “£3” for the amount, or aggregate amount, of “£2.40”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
2nd December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumberland Mental Health National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northumberland Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northumber land Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at St George’s Hospital, Morpeth, Northumberland and associated hospitals;
b
to manage community health services provided from St George’s Hospital, Morpeth, Northumberland and to own the associated premises.
Directors of the trust
4
— The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Northumberland Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Northumberland Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Northumberland Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State
Department of Health
23rd October 1992