text:
Citation, commencement and revocation
1
1
This Order may be cited as the Bovine Animals (Records, Identification and Movement) Order 1995 and shall come into force —
a
save in relation to article 8(1), on 30th January 1995; and
b
in relation to article 8(1), on 1st April 1995.
2
To the extent provided in Schedule 1 and subject to article 5(6), the Orders specified in that Schedule are hereby revoked.
Interpretation
2
1
In this Order, unless the context otherwise requires, —
“the 1990 Order ” means the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 .
“bovine animal” means a domestic animal of the bovine species (including bubalus bubalis);
“dam” means the female parent of a calf whether or not the calf was the product of an implanted ovum or embryo and excludes a female bovine animal from which the ovum or embryo has been taken;
“dairy herd” means a herd kept for milk production;
“ the Directive ” means Council Directive 92/102/ EEC on the identification and registration of animals to the extent that it applies to animals of the bovine species;
“ear tag number” means the particulars comprised in an ear tag pursuant to article 8(3) or article 9(1);
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“farm” means any holding on which bovine animals are kept for the purpose of breeding, raising or fattening them;
“herd” means a number of bovine animals which the Minister is satisfied are managed together as a herd;
“herd mark” means the alphanumeric code which is allotted to a herd by the Minister;
“holding” means any establishment, construction, or, in the case of an open-air farm, any place in which bovine animals are held, kept or handled;
“identification number of the holding” means the numeric code which is allotted to the holding by the appropriate Minister;
“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;
“market operator” means the person for the time being responsible for managing the reception or the sale of bovine animals in a market;
“premises” includes land with or without buildings thereon and any market, saleyard, fairground, place of exhibition or lair; and
“slaughterhouse” means, in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 and, in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 .
2
In this Order “ear tag”, save where the context otherwise requires, means an ear tag of a pattern approved by the Minister for the purposes of this Order; and
a
in article 5 (other than paragraph (2)(b)) and in articles 10, 12, 14 and 15 references to ear tags include references to ear tags attached in accordance with the provisions of the Directive under the laws of a member State other than the United Kingdom or EEA State; and
b
in article 5 (other than paragraph (2)(b)) and in article 14 references to ear tags also include references to identification marks applied to bovine animals in a country outside the United Kingdom otherwise than in accordance with the Directive.
Purpose of Order
3
The purpose of this Order (other than article 6) is to give effect to the Directive.
Records
Notifications of holdings
4
1
It shall be the duty of the owner or person in charge of any bovine animals on a holding to notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of —
a
the address of the holding;
b
the name and address of the owner or occupier of the holding;
c
the identification number of the holding (if known to the person giving the notification); and
d
the species of any livestock kept on the holding.
2
In the case of a holding established before this article comes into force, —
a
where a request in writing has been sent to the owner or person in charge of any bovine animals on the holding by the Divisional Veterinary Officer before the end of the period ending one month after this article comes into force, that duty shall be complied with within one month after that request is sent to him or within one month after this article comes into force, if later; and
b
in any other case, that duty shall be complied with within two months after this article comes into force.
3
In the case of a holding established after this article comes into force, the duty imposed by paragraph (1) above shall be complied with within one month of the establishment of the holding.
4
Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1) above, the owner or person in charge of bovine animals on the holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.
5
The owner or person in charge of any bovine animal on the holding shall give the notified particulars to an inspector if requested to do so.
6
In this article “Divisional Veterinary Officer” means the veterinary inspector appointed as such by the Minister for the area in which the holding is situated.
Records of bovine animals
5
1
The owner or person in charge of bovine animals on a holding shall make a record in the form set out in Schedule 2, or in a form to the like effect, in respect of —
a
each movement of bovine animals to or from the holding;
b
the birth or death of a bovine animal on the holding; and
c
each change of ownership of bovine animals which takes place at a market or other holding without the animals being moved from the holding.
2
A record under this article which relates —
a
to the movement of an animal shall be made within 36 hours of the movement;
b
to the birth of an animal in a dairy herd shall be made within 7 days of the birth;
c
to the birth of an animal otherwise than in a dairy herd shall be made within 30 days of the birth;
d
to the death of an animal shall be made within 7 days of the death;
e
to the replacement of an ear tag shall be made within 36 hours of the replacement.
3
The owner or person in charge of bovine animals on a holding shall make a record of the number of such animals present on the holding; and the record shall be updated at least annually.
4
It shall be the duty of the owner or person in charge of any bovine animals to inform in writing —
a
the person who, in relation to a market to which they are moved, is the market operator; or
b
the owner or person in charge of an assembly centre approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 to which they are moved,
of the following particulars —
i
the ear tag number of each animal;
ii
the date of the movement;
iii
the place from which the movement was made; and
iv
the place to which the movement was made.
5
The reference in the form set out in Schedule 2 to a dam’s identification mark is to —
a
the ear tag number; or
b
in the case of a female bovine animal to which an approved identification mark has been applied under the 1990 Order, that mark.
6
In relation to records of bovine animals on a farm which are made before 1st April 1995 it shall be sufficient compliance with paragraphs (1) to (3) above if the owner or person in charge of the animals makes records in accordance with the Movement of Animals (Records) Order 1960 and the 1990 Order; and, notwithstanding article 1(2), those Orders shall have effect accordingly.
Records of calves at markets
6
1
No person shall bring a calf to a market unless upon arrival he has furnished the market operator with a written declaration signed by the owner of the calf or his duly authorised agent stating —
a
the name and address of the owner of the calf;
b
the ear tag number of the calf;
c
that the calf has not been brought to a market before or, as the case may be, has been brought to a market only once during the previous 28 days; and
d
where the calf has been brought to a market once during the previous 28 days, the address of the market and the date on which the calf was brought there.
2
Where a calf has been sold, and before its removal from the market, the market operator shall —
a
in the case of a sale by auction; and
b
upon request made by the purchaser, in the case of a sale by private treaty;
supply to the purchaser of the calf details in writing of —
i
the ear tag of the calf;
ii
the date of the sale of the calf and the address of the market at which it was sold; and
iii
where the calf has been brought to a market once within the previous 28 days, the address of that market and the date on which the calf was brought there.
3
Every market operator shall keep a record of the details supplied to a purchaser of a calf for the purposes of paragraph (2) above and of the name and address of that purchaser.
4
In this article, “calf” means a bovine animal under 12 weeks of age.
Retention and production of records under articles 5 and 6
7
1
The person who makes any record under paragraphs (1) to (3) of article 5 or in accordance with paragraph (6) of that article, or the person in charge of the record, if different, shall retain it, —
a
where it relates to a farm, for a period of ten years; and
b
where it relates to any other holding, for a period of three years,
from the end of the calendar year in which the last entry was made.
2
The person who receives any record under article 5(4) or the person in charge of the record, if different, shall retain it for a period of six months from the date of the movement to which it relates.
3
A market operator —
a
to whom a declaration is furnished under article 6(1) shall retain the declaration for the period of six months from the date on which it is so furnished; and
b
shall retain any record kept by him under article 6(3) for the period of six months from the date of the sale of any calf to which it relates.
4
Any person who is for the time being in charge of any record required to be retained under this article shall, on demand made by an inspector at any reasonable time, produce the record and allow a copy of it or an extract from it to be taken.
5
Where a record required to be retained under this article is retained in electronic or magnetic form, references in paragraph (4) above —
a
to production of the record are, if the inspector so requires, references to its production in written form; and
b
to taking of copies of the record are references to the taking thereof in written form.
Identification of animals
Attachment of ear tags to bovine animals
8
1
Subject to paragraph (2) below, the owner or person in charge of a bovine animal shall attach an ear tag to the right ear of the animal in accordance with the following provisions of this article.
2
Paragraph (1) above does not apply to a bovine animal —
a
which, before 1st April 1995, is marked with an identification mark in compliance with the 1990 Order; or
b
to which an ear tag has been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.
3
The ear tag shall comprise the following particulars —
a
the country code ‘ UK ’;
b
the relevant herd mark; and
c
an unique number, being a number approved by the Minister for the purposes of this Order and allotted to the animal by the owner or person in charge of it.
4
In the case of a bovine animal born in Great Britain, an ear tag shall be attached to it, —
a
in the case of an animal born in a dairy herd, within 36 hours of birth; and
b
in any other case, within 30 days of birth,
and, in any event, before it is moved from the holding where it was born.
5
In the case of a bovine animal which has been imported into Great Britain and to which an ear tag has not been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State, an ear tag shall be attached to it before it is moved from the holding to which it was moved immediately upon importation.
6
Paragraph (1) above shall not apply in the case of a bovine animal which, on importation into Great Britain from a country other than a member State or an EEA State, is moved immediately to a slaughterhouse if the animal is slaughtered within 30 days of undergoing the checks laid down by Council Directive 91/496/EEC .
7
Any person who has possession of any ear tags which may be, but have not been, attached to a bovine animal under this article or article 9(1) shall —
a
keep them in a secure place; and
b
on demand made by an inspector at any reasonable time, produce them and allow a record of them to be taken.
Illegible or lost ear tags
9
1
Where any ear tag which has been attached to a bovine animal becomes illegible or is lost, it shall be the duty of the owner or person in charge of the animal to attach a replacement tag to the animal as soon as practicable after the illegibility arises or the tag is lost; and —
a
in the case of a tag which had been attached under article 8, the replacement tag shall bear the country code ‘UK’ and either —
i
the relevant herd mark and the number allotted to the animal in accordance with paragraph (3)(c) of that article with the prefix ‘R’, or
ii
the particulars referred to in article 8(3);
b
in the case of a tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State, the replacement tag shall bear —
i
the same number as that tag with the prefix ‘R’; or
ii
the particulars referred to in article 8(3); and
c
in the case of an approved identification, the replacement tag shall bear either —
i
the same particulars as the approved identification; or
ii
the particulars referred to in article 8(3).
2
Where an ear tag bears —
a
a new number in accordance with paragraph (1)(a)(ii) or paragraph (1)(b)(ii) above, that number shall be cross-referenced in the record maintained pursuant to article 5(1) to the number last allocated to the animal (whether under article 8(3)(c) or under paragraph (1)(a)(ii) or (1)(b)(ii) above); or
b
particulars in accordance with paragraph (1)(c)(ii) above, the record maintained pursuant to article 5(1) shall include a cross-reference to the relevant approved identification.
3
Where an ear tag which has been attached to a bovine animal under this article becomes illegible or is lost, this article shall have effect in relation to that tag as it has in relation to —
a
a tag which had been attached under article 8;
b
a tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State; or
c
an approved identification,
as the case may require.
4
In this article, “approved identification” means an identification mark in the form of an ear tag under the 1990 Order.
Temporary marks
10
Without prejudice to the provisions of article 8, in the case of a bovine animal to which an ear tag is not attached, for the purpose of the temporary identification of that animal, —
a
the owner or person in charge of it shall, if so directed in writing by an inspector, apply to it a distinguishing mark in accordance with the direction; or
b
an inspector may himself apply a distinguishing mark to it.
Permitted additional ear tags
11
1
Subject to paragraph (2) below, save in accordance with the provisions of this paragraph, it shall not be lawful to attach to any bovine animal an additional ear tag which could be confused with an ear tag attached —
a
under any other provision of this Order;
b
in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State; or
c
in compliance with the 1990 Order.
2
Nothing in paragraph (1) above shall preclude the attaching to an ear of an animal of an additional tag comprising information similar in all respects —
a
to that comprised in an ear tag attached under article 8(1) save for the country code ‘UK’; or
b
to that comprised in an ear tag which has been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.
Removal of ear tags
12
Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person —
a
to remove any ear tag from a bovine animal; or
b
to replace an ear tag attached to an animal otherwise than in replacement of one which has become illegible or which has been lost,
other (in either case) than an ear tag which has been attached to the animal in accordance with article 11(2).
Construction of ear tags
13
1
It shall not be lawful for any person to attach an ear tag to a bovine animal under this Order unless the ear tag is of a pattern approved by the Minister for the purposes of this Order.
2
It shall not be lawful for any person to supply to any other person an ear tag which may be attached to an animal under this Order unless the ear tag is so constructed as —
a
not adversely to affect the well-being of the animal to which it is attached;
b
to be legible for the life of the animal to which it is attached;
c
to be incapable of being altered in such a way that the fact of alteration cannot be readily observed; and
d
to be incapable of re-use.
Prohibition on alteration etc of identification marks
14
It shall not be lawful —
a
to alter, obliterate or deface or attempt to alter, obliterate or deface an ear tag (other than an ear tag which has been attached to the animal in accordance with article 11(2)) or, subject to article 12, to remove an ear tag; or
b
to alter, remove, obliterate or deface or attempt to alter, remove, obliterate or deface an approved identification mark applied to the animal under the 1990 Order.
Restriction on movement etc of unidentified bovine animals
15
1
Except in the circumstances described in article 8(6), it shall not be lawful to move a bovine animal on or off any premises unless an ear tag is attached to it.
2
It shall not be lawful to sell a bovine animal or expose it for sale, or to cause it to be sold or exposed for sale, unless —
a
an ear tag is attached to the animal; and
b
the tag is clearly visible and legible.
3
In this article “ear tag” means —
a
an ear tag attached to the animal as required by this Order;
b
in the case of an animal born before 1st April 1995, an approved identification mark applied to the animal under the 1990 Order; or
c
an ear tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.
Enforcement
Offences
16
Any person who, without lawful authority or excuse, proof of which shall lie on him, —
a
fails to comply with any obligation imposed on him by any provision of articles 4, 5 and 6, paragraphs (1) to (4) of article 7, articles 8, 9 or 10(a), or
b
knowingly causes or permits the doing of anything which is a contravention of paragraph (a) above, or
c
knowingly causes or permits the doing of anything which is declared by this Order to be unlawful, or
d
makes any entry in a record or statement or gives any information for the purposes of this Order which he knows to be false in a material particular or, for those purposes, recklessly makes a statement or gives any information which is false in a material particular,
commits an offence against the Animal Health Act 1981 .
Powers of veterinary inspector
17
Where a veterinary inspector has reasonable grounds for suspecting that the provisions of this Order have not been complied with he may make such tests on, and take such samples from, any bovine animal or carcase as he considers necessary for the purpose of establishing the correctness of that suspicion.
Enforcement
18
The provisions of this Order shall be executed and enforced by the local authority.
Angela Browning
Parliamentary Secretary of State, Ministry of Agriculture, Fisheries and Food.
5th January 1995
Fraser of Carmyllie
Minister of State, Scottish Office.
5th January 1995
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office.
6th January 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rockingham Forest National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th July 1995.
2
In this Order —
“the Authority” means the Northamptonshire Health Authority;
“the Trust” means the Rockingham Forest 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 February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
26th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1995 and shall come into force on 18th April 1995.
Amendment
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 (payment by instalments) for “8.13 per cent.” substitute “8.37 per cent.”.
Revocation
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 2) Regulations 1994 are revoked.
Application
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
16th March 1995
John Redwood
Secretary of State for Wales
19th March 1995


text:
PART I
GENERAL
Commencement and citation
1
These Regulations may be cited as the Goods Vehicles (Licensing of Operators) Regulations 1995, and shall come into force on 1st January 1996.
Revocation
2
The Regulations set out in Schedule 5 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires, any reference to —
a
a numbered section is a reference to the section bearing that number in the Goods Vehicles (Licensing of Operators) Act 1995;
b
a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations; and
c
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
2
In these Regulations, unless the context otherwise requires —
“the 1995 Act ” means the Goods Vehicles (Licensing of Operators) Act 1995;
“application for a licence” means an application for an operator’s licence for which publication is required by section 10(1);
“application for the variation of a licence” means an application for the variation of an operator’s licence for which publication is required by section 17(3) and, “application” when used otherwise than as part of those expressions means —
an application for a licence, or
an application for the variation of a licence;
“Applications and Decisions” means a statement issued by a traffic commissioner under regulation 21;
“company” shall be construed as provided in section 735 of the Companies Act 1985 ;
“disc” means a disc issued in accordance with regulation 23(1) and (2) or 27(2);
“dual purpose vehicle” has the meaning given in column 2 of the Table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“farm” includes a market garden;
“firm” has the same meaning as in section 4 of the Partnership Act 1890 ;
“goods vehicle” has the same meaning as in section 58(1) but excludes a small goods vehicle as described in Schedule 1 to the 1995 Act;
“keeper”, in relation to a goods vehicle, is the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 ;
“licence” means an operator’s licence (whether standard or restricted) as defined in section 2(1) and, where the context so requires, includes the documentation which evidences the grant of an application;
“licence-holder”, and “holder” in relation to a licence, mean the person to whom the licence was issued;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“maintenance” in relation to a goods vehicle includes inspection, repair and fuelling;
“officer” has the meaning given in section 42;
“recovery vehicle” has the same meaning as in Part V of Schedule 1 to the Vehicle Excise and Registration Act 1994;
“relevant conviction” means any conviction mentioned in paragraph 5 of Schedule 2 to the 1995 Act or any conviction of contravening any provision of the law of Northern Ireland or of a country or territory outside the United Kingdom corresponding to any such conviction, not being in either case a spent conviction within the meaning of section 1(1) of the Rehabilitation of Offenders Act 1974 ;
“showman’s goods vehicle” has the same meaning as in section 62 of the Vehicle Excise and Registration Act 1994;
“tower wagon” has the same meaning as in paragraph 17(2) of Schedule 2 to the Vehicle Excise and Registration Act 1994 (as originally enacted);
“trade licence” is a licence granted under section 11 of the Vehicle Excise and Registration Act 1994;
“visiting force”, “headquarters” and “vehicle in the service of a visiting force or a headquarters” have the same meanings as in the Visiting Forces and International Headquarters (Application of Law) Order 1965 .
PART II
APPLICATIONS
Manner of making applications
4
Every application shall —
a
be made on a form supplied by the traffic commissioner to whom the application is made and contain the information required by that form;
b
be signed —
i
if made by an individual, by that person,
ii
if made by a firm, by all of the partners of that firm or by one of them with the authority of the others, and
iii
if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group;
c
if made for the issue of a licence, state whether it relates to a standard licence or to a restricted licence and, if it relates to a standard licence, state whether the licence is to cover —
i
both national and international transport operations, or
ii
national transport operations only.
Time of applications
5
Every application shall be sent to the traffic commissioner so as to reach him not less than 9 weeks before the time at which the applicant desires the licence or variation applied for to take effect.
Dispensations as to applications
6
The traffic commissioner may consider an application notwithstanding that the requirement specified in regulation 5 has not been complied with.
Notice of applications
7
1
The prescribed manner in which a notice of any application for a licence as mentioned in section 10 or for a variation as mentioned in section 17 is published by the traffic commissioner is that a summary of the application which adequately specifies the subject-matter of the application shall be published in Applications and Decisions as mentioned in regulation 21.
2
The notice of an application to be published in accordance with section 11 or section 18 shall give the information specified in Schedule 1.
Restrictions on applications
8
1
The traffic commissioner may decline to proceed with an application for a licence if it appears to him that the grant of that application would lead to a contravention of section 8(2).
2
The traffic commissioner may decline to proceed with an application if and so long as it appears to him that the application relates to any motor vehicle which is specified in an existing licence, and the grant of that application would lead to a contravention of section 5(8).
Inspection of applications
9
1
The traffic commissioner by whom an application is received shall, until the application has been determined, make available for inspection —
a
to any person authorised to make the inspection by a local authority, a planning authority, chief officer of police or trade union or association specified in regulation 10, such part of the application (or the whole of it) as any such person in writing requests to see; and
b
to any person who is, by virtue of section 12(4) or 19(2)(b) entitled to make representations in respect of the application, or a person authorised by such a person to make the inspection on his behalf, such part of the application as is, in the opinion of the traffic commissioner, relevant to the representation.
2
A traffic commissioner by whom a licence is issued shall, during the currency of the licence, make a copy of it available for inspection by any person who appears to the traffic commissioner to have reasonable grounds for making such an inspection.
3
A traffic commissioner shall satisfy his obligation under paragraph (1) by —
a
making the application or, as the case may be, part of it, available for inspection at the office of his traffic area; or
b
on prior receipt of his expenses in that behalf, by posting a copy of the application or, as the case may be, part of it, to the address given for that purpose by the person wanting to make the inspection.
4
A traffic commissioner shall satisfy his obligation under paragraph (2) by —
a
making a copy of the licence or, as the case may require, part of it, available for inspection at the office of his traffic area; or
b
on prior receipt of his expenses in that behalf, by posting a copy of the licence or, as the case may require, part of it, to the address given for that purpose by the person requesting to make the inspection.
PART III
OBJECTIONS AND REPRESENTATIONS
Prescribed trade unions and associations
10
1
The trade unions and associations specified in paragraph (2), being trade unions or associations whose members consist of or include persons holding licences or employees of any such persons, are hereby prescribed as persons who may object as provided in section 12(2), either as applied by section 19(2)(a) or not.
2
Those trade unions and associations are —
The British Association of Removers;
The Freight Transport Association;
The General and Municipal Workers' Union;
The National Union of Rail, Maritime and Transport Workers;
The Road Haulage Association;
The Transport and General Workers' Union;
The Union of Shop, Distributive and Allied Workers; and
The United Road Transport Union.
Manner of making objections and representations
11
1
For the purposes of sections 12(6)(b), 12(7)(b) and 19(10), the prescribed manner of making an objection to, or representation against, an application is by delivering a document to the traffic commissioner at the office of his traffic area —
a
setting out the objection or representation as the case may be; and
b
signed —
i
if made by an individual, by that person,
ii
if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,
iii
if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,
or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.
2
A copy of the document delivered under paragraph (1) shall be sent by the objector, or the person making the representation, to the applicant on the same day as, or the next working day after, the delivery to the traffic commissioner.
Time of making objections and representations
12
1
The prescribed time within which an objection under section 12(1)(a) or (b) to an application for a licence must be made is the period commencing immediately after notice of the application is published under section 11(2) and ending 21 days after the date on which notice of the application is published in Applications and Decisions.
2
The prescribed time within which a representation under section 12(4) in respect of an application for a licence must be made is the period of 21 days beginning with the date on which notice of the application is published under section 11(2).
3
The prescribed time within which an objection under section 12(1)(a) as applied by section 17(5) or section 19(2) to or in respect of an application for a variation of a licence must be made is the period commencing immediately after notice of the application is published under section 18(3) (or, if none, the making of the application to which the objection relates) and ending 21 days after the date on which the notice of the application is published in Applications and Decisions.
4
The prescribed time within which a representation under section 19(2) in respect of an application for a variation of a licence must be made is the period of 21 days beginning with the date on which the notice of the application is published under section 18(3).
Consideration of objections and representations
13
1
The traffic commissioner shall consider every objection duly made in considering whether or not to hold an inquiry as provided in section 35.
2
The traffic commissioner shall consider every representation duly made in considering whether or not to hold an inquiry as provided in section 35.
PART IV
OPERATING CENTRES
Conditions which may be attached to a licence
14
The conditions which may be attached under section 23 to a licence are conditions regulating —
a
the number, type and size of authorised motor vehicles or trailers which may at any one time be at any operating centre of the licence-holder in the area of the traffic commissioner for the purposes of maintenance and parking;
b
the parking arrangements to be provided for authorised motor vehicles or trailers at or in the vicinity of every such operating centre;
c
the times between which there may be carried out at every such operating centre any maintenance or movement of any authorised motor vehicle or trailer and the times at which any equipment may be used for any such maintenance or movement; and
d
the means of ingress to and egress from every such operating centre for any authorised motor vehicle or trailer.
Considerations relevant to determinations
15
1
The considerations prescribed as relevant to any determination of a kind specified in section 34(2) are —
a
the nature and the use of any other land in the vicinity of the land used or proposed to be used as an operating centre, and any effect which the use of the land as an operating centre has, or would be likely to have, on the environment of that vicinity;
b
in a case where the land proposed to be used as an operating centre is, or has previously been, used as an operating centre, the extent to which the grant of the application would result in any material change as regards that operating centre, or its use, which would adversely affect the environment of the vicinity of that land;
c
in the case of an application which, if granted, would result in land which has not previoulsy been used as an operating centre being used as one, any information known to the traffic commissioner to whom the application is made about any planning permission or application for planning permission relating to the land or any other land in the vicinity of that land;
d
the number, type and size of motor vehicles or trailers;
e
the arrangements for the parking of motor vehicles or trailers or the proposed or likely arrangements for such parking;
f
the nature and the times of the use of the land for the purpose of an operating centre or the proposed nature and times of the use of the land proposed to be used for that purpose;
g
the nature and the times of the use of any equipment installed on the land used as an operating centre for the purpose of the use of that land as an operating centre or of any equipment proposed or likely to be installed on the land proposed to be used as an operating centre for that purpose; and
h
the means and frequency of vehicular ingress to, and egress from, the land used as an operating centre or the proposed means and frequency of such ingress to, and egress from, the land proposed to be used as an operating centre.
2
In this regulation —
“operating centre” includes part of an operating centre and the place which would be the operating centre if the application were granted; and
“planning permission” has the same meaning, as regards England and Wales, as in section 336(1) of the Town and Country Planning Act 1990 , and, as regards Scotland, as in section 274(1) of the Town and Country Planning (Scotland) Act 1972 .
Conditions to be satisfied in relation to specified operating centres
16
The prescribed condition under sections 14(5)(c), 19(9)(c) and paragraphs 1(7)(b) and 3(7)(b) of Schedule 4 to the 1995 Act is that either —
a
proceedings on any appeal (including any proceedings on or in consequence of an appeal) have been determined and any time for appealing or further appealing has expired; or
b
any review under section 36 has been determined or the time for giving notice of intention to review under section 36(2) has expired and no such notice of review has been served,
and if any appeal or notice of intention is withdrawn or abandoned the date of such withdrawal or abandonment shall be taken to be the time of expiry.
Period for service of notice on review of an operating centre
17
The period prescribed for the purpose of section 30(1) is two months.
Manner of service of notice on review of an operating centre
18
Paragraph 6 of Schedule 4 shall have effect in relation to serving of notices by the traffic commissioner on a licence-holder for the purposes of section 30(1), as if “section 30” were substituted for “the Schedule” in sub-paragraph (1) of that paragraph.
Manner of making representations in relation to a review
19
Without prejudice to section 31(5), the prescribed manner of making representations in relation to a review is by delivering a document to the traffic commissioner at the office of his traffic area —
a
setting out the representations;
b
clearly identifying —
i
the person making the representations,
ii
the place specified in the operator’s licence to which the representations relate,
iii
land or property in the vicinity which is owned or occupied by the person making the representations; and
c
signed —
i
if made by an individual, by that person,
ii
if made by a firm, by all of the partners of that firm or by one of them with the authority of the others,
iii
if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group,
or, in any of the above cases, by a solicitor acting on behalf of (as the case may be) the person, firm, body or group.
PART V
INQUIRIES
Provisions about inquiries
20
Schedule 4 shall have effect in relation to any inquiry held by a traffic commissioner.
PART VI
APPLICATIONS AND DECISIONS
Statement to be issued by the traffic commissioner
21
1
The traffic commissioner shall publish as occasion may require a statement known as “Applications and Decisions” which shall contain (unless previously notified) —
a
as regards applications —
i
notices of the applications,
ii
the dates on which and the places at which he proposes to hold inquiries and the applications which he proposes to consider at those inquiries, and
iii
the traffic commissioner’s decisions on applications, other than his decisions to issue an interim licence under section 24, or to make an interim direction under section 25;
b
any direction to revoke, suspend or curtail a licence given under section 26 or section 27;
c
the dates on which and the places at which he proposes to hold any inquiries other than those mentioned in sub-paragraph (a)(ii) above; and
d
any decision of his following a review under section 30.
2
The publication of the date of any inquiry in Applications and Decisions shall not prevent the traffic commissioner from adjourning, cancelling or postponing the consideration of any application and in particular any inquiry held or proposed to be held in connection with the application.
3
Copies of Applications and Decisions may be inspected at the office of the traffic area of the traffic commissioner by whom it was issued and at such other places (if any) as he may determine and copies of the whole or the relevant parts thereof shall be supplied to any person requiring them on payment of such sum as the traffic commissioner may require to cover the cost of supplying the copy.
Notification of decisions
22
1
Subject to paragraph (2), where a traffic commissioner grants or refuses an application, he shall send a written statement of his reasons to —
a
the applicant;
b
every objector; and
c
every person who has made a representation in accordance with sections 12(4), 19(2) or 19(4) and asked the traffic commissioner for such a statement.
2
Paragraph (1) does not apply where —
a
the traffic commissioner grants an application in the terms applied for; and
b
no objection or representation has been made in accordance with sections 12(1), 12(4), 19(2) or 19(4).
3
Where a traffic commissioner makes a direction under section 31 or 32, he shall send a written statement of his reasons to the licence-holder.
PART VII
OTHER MATTERS
Identification of motor vehicles
23
1
The traffic commissioner shall, when any motor vehicle to be used under a licence is specified in the licence, issue to the licence-holder a disc in respect of the vehicle.
2
The disc shall clearly indicate (by colour or other means) —
a
whether a vehicle is being used under a standard licence or under a restricted licence; and
b
in the case of a vehicle being used under a standard licence, whether the vehicle covers both international and national transport operations or national transport operations only.
3
The licence-holder shall, during such time as any motor vehicle is specified in the licence and whether or not for the time being the vehicle is being used for the purpose for which a licence is required, cause a disc appropriate to the vehicle to be fixed to, and exhibited in a legible condition on, that vehicle in a waterproof container —
a
in the case of a vehicle fitted with a front windscreen, on the near side and near the lower edge of the windscreen with the obverse side facing forwards;
b
in the case of a vehicle not fitted with a front windscreen, in a conspicuous position on the front or near side of the vehicle.
4
At no time shall any person except the traffic commissioner, or a person authorised to do so on his behalf, write on or make any other alteration to a disc.
Temporary addition of a motor vehicle
24
Where —
a
a motor vehicle specified in an operator’s licence (“the specified vehicle”) has been rendered unfit for service, or withdrawn from service for overhaul or repair, and the licence-holder informs the traffic commissioner of his desire to have a variation of the licence specifying another motor vehicle in its place (“the additional vehicle”); or
b
the specified vehicle has been rendered fit for service again, and the licence-holder informs the traffic commissioner of his desire to have a variation of the licence whereby the additional vehicle will cease to be specified on the licence,
the provisions of regulations 4 and 5 shall not apply.
Notification of change of address
25
If during the currency of a licence the address for correspondence as notified in the licence-holder’s application or as subsequently notified under this regulation ceases to be an effective address for correspondence the licence-holder shall within 28 days from the date of such event notify the traffic commissioner by whom the licence was granted of an effective address for correspondence.
Production of licence for examination
26
1
The licence-holder shall produce the licence for inspection by an officer or a police constable on being required by such a person to do so, and the licence-holder may do so at any operating centre covered by the licence or at his head or principal place of business within the traffic area in which any such operating centre lies or, if the requirement is made by a police constable, at a police station chosen by the licence-holder.
1
The licence-holder shall comply with any requirement mentioned in paragraph (1) within 14 days of the day on which the requirement is made.
Issue of copies of licences and discs
27
1
If a licence or disc has been lost, destroyed or defaced, the person to whom it was issued shall forthwith notify in writing the traffic commissioner by whom the licence or disc was issued.
2
If —
a
the traffic commissioner is satisfied that a licence or disc has been lost, destroyed or defaced; and
b
in the case of a licence or disc which has been defaced, it is surrendered to the traffic commissioner,
the traffic commissioner shall issue a copy (so marked) which shall have effect as the original licence or disc.
3
Where a licence or disc has been lost and after a copy has been issued the lost licence or disc is found by or comes into the possession of the licence-holder he shall forthwith return the original licence or disc to the traffic commissioner.
Return of licences and discs
28
1
If the licence-holder ceases to use under the licence any motor vehicle specified in the licence he shall within 21 days beginning with the date of ceasing to use the vehicle or vehicles notify the traffic commissioner by whom the licence was issued and return to that traffic commissioner the licence for variation and the disc relating to the vehicle.
2
If a licence is varied under section 17, 31, 32 or 36 its holder shall, when required by the traffic commissioner so to do, return to the traffic commissioner —
a
the licence; and
b
if the number of motor vehicles specified in the licence has been reduced, the disc relating to any vehicle no longer specified in the licence.
3
If a licence is revoked, surrendered, suspended, curtailed or terminated for any other reason, or if a traffic commissioner has given a direction in respect of a licence under section 26(2), the licence-holder shall on or before the date specified in a notice to that effect, send or deliver to the office of the traffic area of the traffic commissioner by whom the licence was issued —
a
the licence; and
b
the disc relating to any motor vehicle which the traffic commissioner may specify,
for cancellation, retention during the time of suspension, or alteration as the case may be.
4
The notice referred to in paragraph (3) shall be delivered personally to the licence-holder or sent to him by recorded delivery service at the address shown in his application or last notified in accordance with regulation 25.
5
In the event of the traffic commissioner deciding to make a variation under paragraph 9 of the Schedule to the Goods Vehicles (Licensing of Operators) Act 1995 (Commencement and Transitional Provisions) Order 1995 the licence-holder shall return the licence to the traffic commissioner for him to amend the licence so that it conforms to the variation before returning it to the holder.
Partnerships
29
1
The provision in section 8(2) that a person shall not at the same time hold more than one operator’s licence in respect of the same area shall apply so that a firm shall be treated as a person separate from any partner of that firm or an individual in any other partnership.
2
For the purposes of authorising goods vehicles to be used under section 5(1) when the licence-holder is a firm, any vehicle in the lawful possession of any partner of a firm shall be regarded as in the lawful possession of the firm.
3
The provisions of section 13(3) shall apply in any case where an applicant for a standard licence is a firm so that the traffic commissioner is required to satisfy himself that —
a
every one of the partners of that firm is of good repute;
b
the firm satisfies the requirement of appropriate financial standing; and
c
either —
i
if one of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers who, or if more than one each of whom, is of good repute and professionally competent.
4
The provisions of section 13(4) shall apply in any case where an applicant for a restricted licence is a firm so that the traffic commissioner is required to satisfy himself that everyone of the partners of that firm is not unfit to hold an operator’s licence by reason of any activities or convictions covered by section 34(a) or (b).
5
The provisions of section 13(6) shall apply in any case where an applicant is a firm and in such case the financial resources referred to in that subsection shall be those of the firm.
6
The provisions of section 26 shall apply in any case where the licence-holder is a firm and in such a case any act, omission or conviction of a partner of that firm shall be regarded as the act, omission or conviction of the firm.
7
The provisions of section 27(1) shall apply in any case where the licence-holder is a firm if —
a
any one or more of the partners of that firm cease to satisfy the requirement to be of good repute; or
b
the firm ceases to satisfy the requirement to be of appropriate financial standing; or
c
when the requirement as to professional competence is satisfied by one or more of the firm’s partners who manage the road transport business carried on by the firm, he, or if more than one each of them, ceases to do so, or when the firm employs a transport manager or transport managers such manager, or if more than one any of them, ceases to be of good repute, or when the firm relies upon the employment of a single transport manager to satisfy the requirement as to professional competence, that transport manager ceases to be employed by the firm.
8
The provisions of section 28 shall apply to the revocation of an operator’s licence held by a firm and in such a case the powers conferred by subsections (1) and (4) shall be exercisable in respect of each and every partner of that firm.
9
Except in a case falling within paragraph (9) any requirement, obligation or prohibition (however expressed) placed on a person making an application or on the licence-holder by, or in pursuance of, a provision in the 1995 Act or these Regulations, shall apply where the licence-holder is a firm and the duty to meet the requirement or obligation or to comply with the prohibition, shall apply to the partners of that firm severally as well as jointly.
10
Where an application is made by, or the licence-holder is a firm a requirement or obligation placed on the applicant or licence-holder by virtue of sections 8(4), 9(1) or 17(2) of the 1995 Act to inform the traffic commissioner of a notifiable conviction within the meaning given in paragraph 4 of Schedule 2 to the 1995 Act shall apply in relation to the notifiable conviction of each partner of that firm, and the duty to meet the requirement shall apply to the person convicted.
11
The provisions in section 16(5) as to the events on which an operator’s licence held by an individual terminates apply in a case where such a licence is held by a firm, if —
a
the partnership is dissolved; or
b
one or more of the persons dies or becomes a patient within the meaning of Part VII of the Mental Health Act 1983 , or if (in Scotland) a curator bonis is appointed in respect of him, with the result that only one other of such persons who is not such a patient or so incapable remains in the partnership.
12
In Schedule 3 to the 1995 Act —
a
the provisions in paragraph 1 as regards determining whether an individual is of good repute apply, in a case of a firm in respect of each of the partners of that firm as they apply to an individual;
b
the provision in paragraph 6 as regards determining whether the applicant for, or the holder of, a licence is of appropriate financial standing shall apply, in the case of a firm, to the financial standing of the firm;
c
the provision in paragraph 8(2) that a company satisfies the requirement as to professional competence if, and so long as, if has a transport manager or transport managers of its road transport business who, or if more than one each of whom, is of good repute and professionally competent shall apply in the case of a firm so that the firm satisfies the said requirement if, and so long as, each of its partners is of good repute, and either —
i
if one or more of the firm’s partners manage the road transport business carried on by the firm, he, or if more than one each of them, is professionally competent, or
ii
the firm employs a transport manager or transport managers of its road transport business who, or if more than one each of whom, if of good repute and professionally competent; and
d
in a case where one or more partners of a firm manage the road transport business carried on by that firm or the firm employs a transport manager or transport managers the provision in paragraphs 10 and 11 shall apply —
i
as regards one such person or a single transport manager employed by the firm as it applies as regards a single transport manager employed by a company, and
ii
as regards two or more such persons or two or more transport managers employed by the firm as it applies as regards two or more transport managers employed by a company.
Holding companies and subsidiaries
30
1
A holding company may apply to the traffic commissioner for any traffic area —
a
if it does not already hold a licence in respect of that area, for the issue of a licence; or
b
if it already holds a licence in respect of that area, for a variation of its licence by a direction under section 17(1)(a),
which would have the effect, if the application were granted, of including in the licence to be issued to, or already held by, the holding company, goods vehicles in the lawful possession of a subsidiary of that company specified in the application.
2
An application by a holding company under paragraph (1) shall, unless
a
the subsidiary is not the licence-holder; or
b
the licence or variation applied for by the holding company will not take effect until any licence held by the subsidiary has been surrendered or has otherwise terminated,
be accompanied by an application by the subsidiary for the variation of the licence held by the subsidiary by a direction under section 17(1)(b) for the removal therefrom of all or some of the goods vehicles authorised to be used thereunder, being the vehicles to which the application of the holding company relates.
3
Where a holding company, on an application under paragraph (1) signifies to the traffic commissioner its desire that the provisions of this regulation should have effect as respects a subsidiary of that company, then, in relation to the application and to any licence granted to the holding company, or held by the holding company and varied, on that application, and to the use of any goods vehicles authorised to be used under any such licence, the 1995 Act and these Regulations shall have effect subject to the modifications specified in Schedule 2.
4
The provisions of this regulation shall cease to have effect as respects a holding company and its subsidiary —
a
if the holding company gives notice to the traffic commissioner who issued or varied its licence that it desires that this regulation should, as from any date, cease to apply to the holding company and that subsidiary, as from that date; or
b
as from the date on which that subsidiary ceases to be a subsidiary of that holding company.
5
Where by virtue of the provisions of paragraphs (1) to (3) a holding company holds a licence which includes goods vehicles in the lawful possession of a subsidiary of that company, and the holding company gives notice under paragraph (4)(a), then, in relation to any application by the subsidiary for the issue of a licence in respect of all or any of those vehicles, section 10 shall have effect as if for sub-section (1) there were substituted the following sub-section —
1
The traffic commissioner may publish in the prescribed manner notice of any application to him for an operator’s licence made by a company or other body corporate in pursuance of Regulations made under section 46 of this Act.
.
6
Where the provisions of this regulation cease to have effect as respects a holding company and its subsidiary by virtue of paragraph (4)(b) the company which was the holding company shall within 21 days of the event which caused the subsidiary to cease to be a subsidiary of that company —
a
notify the traffic commissioner by whom the licence was issued, and
b
supply all material details of the event, and
c
return to the traffic commissioner the licence and the discs relating to the motor vehicles authorised to be used thereunder,
and in so far as the holding company fails to satisfy those requirements the company which was the subsidiary company shall, on being so directed by the traffic commissioner, within 7 days of that direction supply the details, or return the licence and the discs, as the case may require.
7
In a case where the applicant for, or the holder of, a standard licence is a holding company and the goods vehicles used, or to be used, under the licence belong to, or are in the possession of, a subsidiary of that holding company, the provisions of these Regulations apply as if —
a
the road transport undertaking and any operating centre of the subsidiary were the road transport undertaking and an operating centre of the holding company;
b
for purposes of, or relating to, the reputation and financial standing of the holding company, the activities, relevant convictions and financial resources of the subsidiary were activities, convictions and resources of the holding company; and
c
in relation to a transport manager, his employment by the subsidiary were employment by the holding company.
Continuance of licence on death, bankruptcy etc
31
1
In this regulation, “actual holder” in relation to a licence means the person to whom the licence was issued.
2
This regulation applies in the event —
a
of the death of the actual holder of a licence;
b
of the actual holder of a licence becoming a patient under Part VII of the Mental Health Act 1983, or in Scotland a curator bonis being appointed in respect of him on the ground that he is incapable, by reason of mental disorder, of adequately managing his property and affairs;
c
of the bankruptcy of the actual holder of a licence;
d
in the case of a company, of the actual holder of a licence going into liquidation or an administration order being made in relation to the actual holder; or
e
of the appointment of a receiver or manager of the trade or business of the actual holder of a licence.
3
After the happening of either of the events mentioned in paragraphs (2)(a) or (b) the traffic commissioner may direct that the licence shall not be treated as terminated when the actual holder died or became a patient but suspended until the date when a direction under paragraph (4) comes into force.
4
After the happening of any of the events mentioned in paragraph (2) the traffic commissioner may direct that a person carrying on the trade or business of the actual holder of the licence is to be treated for the purposes of the 1995 Act as if he were the holder thereof for such purpose and to such extent as is specified in the direction for a period not exceeding —
a
if it appears to the traffic commissioner that there are special circumstances, 18 months;
b
in any other case, 12 months,
from the date of the coming into force of that direction.
5
The powers under paragraph (4) shall be exercisable in relation to a standard licence whether or not the person carrying on the trade or business of the actual holder of the licence satisfies the requirement of professional competence.
6
Where a person is treated as if he were the licence-holder by virtue of a direction under this regulation —
a
any goods vehicle which had been in the lawful possession of the actual holder of the licence shall for the purposes of the 1995 Act be treated as if it was in the lawful possession of that person; and
b
if the licence is a standard licence, nothing in section 27 shall oblige the traffic commissioner to revoke the licence by reason only of that person not satisfying the requirement of professional competence.
Offences
32
Any contravention of, or failure to comply with, a provision in regulations 23(3), 23(4), 25, 26, 27(1), 27(3), 28(1), 28(2), 28(3), 28(4) or 30(6), is hereby declared to be an offence and for the purposes of section 57(9) any provision mentioned above shall be regarded as made under the 1995 Act.
Classes of vehicle for which a licence is not required
33
1
The clasess of vehicle specified under section 2(2)(d) as those to which section 2(1) does not apply are the classes mentioned in Part I of Schedule 3.
2
The relevant plated weight of a goods vehicle, for the purposes of Schedule 1 to the 1995 Act (meaning of “small goods vehicle”) is the gross weight not to be exceeded in Great Britain of the vehicle as shown on a Ministry plate as defined in column 2 of the Table in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 or, if no such plate has been issued in respect of that vehicle, the maximum gross weight of the vehicle as shown on a plate affixed to the vehicle by virtue of regulation 66 of those Regulations.
Period for service of notice of review on ground of procedural irregularity
34
The period prescribed for the purposes of section 36(2) is two months.
Manner of service of notice of review on ground of procedural irregularity
35
Paragraph 6 of Schedule 4 shall have effect in relation to the serving of notices by the traffic commissioner on the applicant or (as the case may be) the licence-holder which state his intention to review a decision referred to in section 36(1), and in such a case “section 36(2)(a)”shall be substituted for “this Schedule” in sub-paragraph (1) of that paragraph.
Meaning of “relevant weight”
36
1
A motor vehicle or trailer of any prescribed class referred to in section 5(3) means any vehicle described in section 2(1) as needing an operator’s licence, and the relevant weight of such a vehicle is its revenue weight.
2
For purposes of this regulation “revenue weight” shall have the meaning given in section 60A of the Vehicle Excise and Registration Act 1994.
3
In its application to this regulation, section 60A of that Act shall have effect as if —
a
subsection (6) of that section were omitted; and
b
no provision had been made under section 61A(2) of that Act.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th November 1995


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) Order 1995 and shall come into force on 1st September 1995.
2
The revised code of practice laid in draft before Parliament on 12th July 1995 in connection with the exercise by authorised investigators of the powers conferred by Schedule 5 to the Northern Ireland (Emergency Provisions) Act 1991 shall come into operation on 1st September 1995.
3
The Northern Ireland (Emergency Provisions) Act 1991 (Codes of Practice) ( No. 1) Order 1993 is hereby revoked.
4
This Order extends to the United Kingdom.
P. B. B. Mayhew
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th July 1995


text:
Title and commencement
1
This Order may be cited as the Aberdeen and Grampian Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Aberdeen and Grampian Tourist Board Scheme 1995;
“ the Board ” means the Aberdeen and Grampian Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government areas of Aberdeenshire, City of Aberdeen and Moray.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Payments on Account) (Amendment) Order 1995 and shall come into force on 2nd March 1995.
2
The Value Added Tax (Payments on Account) Order 1993 shall be amended as follows.
3
In article 4(1) for “1st October 1993” there shall be substituted “1st April each year”.
4
For article 4(2) there shall be substituted —
2
Where such a taxable person has a prescribed accounting period exceeding one month which begins on or after 2nd March each year and ends on or before 30th June each year, he shall be under a like duty to make payments on account also in respect of that prescribed accounting period.
5
For article 5 there shall be substituted —
5
1
Subject to paragraph (2) below and article 16 below, a taxable person falls within this article in any year if the total amount of tax which he was liable to pay in respect of the prescribed accounting periods the ends of which fell within the period of one year ending on the last day of his last prescribed accounting period ending before the previous 1st December exceeded £2,000,000.
2
Where in any year ending 30th November a prescribed accounting period of the taxable person did not begin on the first day or did not end on the last day of a month, the period of one year shall, for the purpose of this article, be regarded as having compromised those prescribed account periods which related to the tax periods ending within the year ending 30th November of that year to which references are shown in the certificate of registration issued to him.
6
In article 6(1) for “31st May 1993” there shall be substituted “30th November of the previous year”.
7
For article 11(1)(a) there shall be substituted —
a
1st October to 30th September in the basic period where he has a prescribed accounting period beginning in April in any year in which he is under a duty to make payments on account,
8
For article 11(1)(b) there shall be substituted —
b
1st November to 31st October in the basic period where he has a prescribed accounting period beginning in May in any year in which he is under a duty to make payments on account, and
9
For article 11(1)(c) there shall be substituted —
c
1st December to 30th November in the basic period where he has a prescribed accounting period beginning in June in any year in which he is under a duty to make payments on account.
10
In article 16(1)(a) for “1st June 1993” there shall be substituted “1st December of the previous year”.
11
In article 16(1)(b) for “31st May 1993” there shall be substituted “30th November of the previous year”.
12
For article 16(2) there shall be substituted —
2
Where a relevant division has a prescribed accounting period exceeding one month which begins on or after 2nd March each year and ends on or before 30th June each year, the body corporate shall be under a like duty to make payments on account also in respect of that prescribed accounting period.
13
This Order shall not apply where there is a duty under The Value Added Tax (Payments on Account) Order 1993 to make a payment on account in respect of a prescribed accounting period beginning before 2nd March 1995.
Tim Wood
Derek Conway
Two of the Lord Commissioners of Her Majesty’s Treasury
8th February 1995


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with regulations 3 to 6 below.
3
After paragraph (5) of regulation 14 there shall be inserted —
6
Where a registered person provides a VAT invoice relating in whole or in part to a supply of the letting on hire of a motor car other than for self-drive hire, he shall state on the invoice whether that motor car is a qualifying vehicle under article 7(2A) of the Value Added Tax (Input Tax) Order 1992 .
.
4
In regulation 101(5) for “42(2)” there shall be substituted “41(2)”.
5
In regulation 116(3) —
a
in sub-paragraph (a) for “(8)” there shall be substituted “(14)”; and
b
in sub-paragraph (b) for “(2)” there shall be substituted “(3)”.
6
In regulation 131 for the words “within 3 months from that date” in paragraph (1)(a) there shall be substituted “before the end of the third month following that in which the supply is effected”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th December 1995


text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Pipelines Safety Regulations 1996 and shall come into force on 11th April 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“dangerous fluid” has the meaning given by regulation 18(2);
“emergency shut-down valve” means a valve which is capable of adequately blocking the flow of fluid within the pipeline at the point at which it is incorporated;
“the Executive” means the Health and Safety Executive;
“fluid” includes a mixture of fluids;
“local authority” means —
in relation to England, a county council, a council having the functions of a county council, the London Fire and Civil Defence Authority, a metropolitan county fire and civil defence authority, or the Council for the Isles of Scilly;
in relation to Scotland, the council for a local government area; and
in relation to Wales, a county council or a county borough council;
“major accident” means death or serious injury involving a dangerous fluid;
“major accident hazard pipeline” has the meaning given by regulation 18(1);
“operator”, in relation to a pipeline means —
the person who is to have or (once fluid is conveyed) has control over the conveyance of fluid in the pipeline;
until that person is known (should there be a case where at a material time he is not yet known) the person who is to commission or (where commissioning has started) commissions the design and construction of the pipeline;
when a pipeline is no longer, or is not for the time being used, the person last having control over the conveyance of fluid in it;
“pipeline” shall be construed in accordance with regulation 3.
2
Unless the context otherwise requires, 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; and
b
a numbered paragraph is reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Meaning of “pipeline”
3
1
Subject to the provisions of this regulation, in these Regulations “pipeline” means a pipe or system of pipes (together with any apparatus and works, of a kind described in paragraph (2), associated with it) for the conveyance of any fluid, not being —
a
a drain or sewer;
b
a pipe or system of pipes constituting or comprised in apparatus for heating or cooling or for domestic purposes;
c
a pipe (not being apparatus described in paragraph (2)(e)) which is used in the control or monitoring of any plant.
2
The apparatus and works referred to in paragraph (1) are —
a
any apparatus for inducing or facilitating the flow of any fluid through, or through a part of, the pipe or system;
b
any apparatus for treating or cooling any fluid which is to flow through, or through part of, the pipe or system;
c
valves, valve chambers and similar works which are annexed to, or incorporated in the course of, the pipe or system;
d
apparatus for supplying energy for the operation of any such apparatus or works as are mentioned in the preceding sub-paragraphs;
e
apparatus for the transmission of information for the operation of the pipe or system;
f
apparatus for the cathodic protection of the pipe or system; and
g
a structure used or to be used solely for the support of a part of the pipe or system.
3
For the purpose of sub-paragraph (c) of paragraph (2) a valve, valve chamber or similar work shall be deemed to be annexed to, or incorporated in the course of, a pipe or system where it connects the pipe or system to plant, an offshore installation, or a well.
4
A pipeline for supplying gas to premises shall be deemed not to include anything downstream of an emergency control.
5
In this regulation —
“emergency control” means a valve for shutting off the supply of gas in an emergency, being a valve intended for use by a consumer of gas;
“gas” has the same meaning as it has in Part I of the Gas Act 1986 .
Application
4
1
Subject to paragraph (2), these Regulations shall apply —
a
in Great Britain; and
b
to and in relation to pipelines and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of article 6 of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 .
2
These Regulations shall not apply to any pipeline or part of a pipeline of a kind which is described in Schedule 1.
3
In the case of a pipeline to which the Pressure Systems and Transportable Gas Containers Regulations 1989 apply, nothing in these Regulations shall require the taking of any measures to the extent that they are for the prevention of danger within the meaning of those Regulations.
PART II
GENERAL
Design of a pipeline
5
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been so designed that, so far as is reasonably practicable, it can withstand —
a
forces arising from its operation;
b
the fluids that may be conveyed in it; and
c
the external forces and the chemical processes to which it may be subjected.
Safety systems
6
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been provided with such safety systems as are necessary for securing that, so far as is reasonably practicable, persons are protected from risk to their health or safety.
Access for examination and maintenance
7
The operator shall ensure that no fluid is conveyed in a pipeline unless it has been so designed that, so far as is reasonably practicable, it may be examined and work of maintenance may be carried out safely.
Materials
8
The operator shall ensure that no fluid is conveyed in a pipeline unless it is composed of materials which are suitable.
Construction and installation
9
The operator shall ensure that no fluid is conveyed in a pipeline (save for the purpose of testing it) unless it has been so constructed and installed that, so far as is reasonably practicable, it is sound and fit for the purpose for which it has been designed.
Work on a pipeline
10
The operator shall ensure that modification, maintenance or other work on a pipeline is carried out in such a way that its soundness and fitness for the purpose for which it has been designed will not be prejudiced.
Operation of a pipeline
11
The operator shall ensure that —
a
no fluid is conveyed in a pipeline unless the safe operating limits of the pipeline have been established; and
b
a pipeline is not operated beyond its safe operating limits,
save for the purpose of testing it.
Arrangements for incidents and emergencies
12
The operator shall ensure that no fluid is conveyed in a pipeline unless adequate arrangements have been made for dealing with —
a
an accidental loss of fluid from;
b
discovery of a defect in or damage to; or
c
other emergency affecting,
the pipeline.
Maintenance
13
The operator shall ensure that a pipeline is maintained in an efficient state, in efficient working order and in good repair.
Decommissioning
14
1
The operator shall ensure that a pipeline which has ceased to be used for the conveyance of any fluid is left in a safe condition.
2
The operator of a pipeline shall ensure that work done in discharge of the duty contained in paragraph (1) is performed safely.
Damage to pipeline
15
No person shall cause such damage to a pipeline as may give rise to a danger to persons.
Prevention of damage to pipelines
16
For the purpose of ensuring that no damage is caused to a pipeline, the operator shall take such steps to inform persons of its existence and whereabouts as are reasonable.
Co-operation
17
Where there are different operators for different parts of a pipeline, each operator shall co-operate with the other so far as is necessary to enable the operators to comply with the requirements of these Regulations.
PART III
MAJOR ACCIDENT HAZARD PIPELINES
Dangerous fluids
18
1
The provisions contained in regulations 19 to 27 shall apply in relation to a pipeline in which a dangerous fluid is being, or is to be conveyed (in these Regulations referred to as a “major accident hazard pipeline”).
2
For the purpose of these Regulations a fluid is a dangerous fluid if it falls within a description in Schedule 2.
Emergency shut-down valves
19
1
The operator of a major accident hazard pipeline which —
a
is connected to an offshore installation; and
b
has an internal diameter of 40 millimetres or more,
shall ensure that the requirements contained in Schedule 3 are complied with in relation to the pipeline.
2
The duty holder in relation to an offshore installation to which a pipeline described in paragraph (1) is connected shall afford, or cause to be afforded, to the operator of the pipeline such facilities as he may reasonably require for the purpose of securing that the requirements contained in Schedule 3 are complied with in relation to the pipeline.
3
In this regulation —
“duty holder”, in relation to an offshore installation, means the person who is the duty holder as defined by regulation 2(1) of the 1995 Regulations in relation to that installation;
“the 1995 Regulations” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 .
Notification before construction
20
The operator shall ensure that the construction of a major accident hazard pipeline is not commenced unless he has notified to the Executive the particulars specified in Schedule 4 at least 6 months, or such shorter time as the Executive may approve, before such commencement.
Notification before use
21
The operator shall ensure that no fluid is conveyed in a major accident hazard pipeline, or conveyed following a period in which it has been out of commission (other than for routine maintenance), until the expiration of 14 days, or of such shorter period as the Executive may in that case approve, from the receipt by it of a notification of the date on which it is intended to convey or, as the case may be, resume the conveyance of fluid in the pipeline.
Notification in other cases
22
1
Where there is a change of operator of a major accident hazard pipeline, or of his address, the operator shall notify such change to the Executive within 14 days thereafter.
2
Subject to paragraph (3), in the case of a major accident hazard pipeline the construction of which has commenced, or has been completed, the operator shall ensure that no event of a kind described in Schedule 5 takes place until the expiration of 3 months, or such shorter time as the Executive may in that case approve, from the receipt by the Executive of the particulars specified in that Schedule in relation to such event.
3
Where an event of a kind described in Schedule 5 takes place in an emergency, the operator shall notify to the Executive the particulars specified in that Schedule as soon as is reasonably practicable.
Major accident prevention document
23
1
The operator shall, before the design of a major accident hazard pipeline is completed prepare, and thereafter revise or replace as often as may be appropriate, a document relating to the pipeline containing, subject to paragraph (2), sufficient particulars to demonstrate that —
a
all hazards relating to the pipeline with the potential to cause a major accident have been identified;
b
the risks arising from those hazards have been evaluated;
c
the safety management system is adequate; and
d
he has established adequate arrangements for audit and for the making of reports thereof.
2
Paragraph (1) shall only require the particulars in the document referred to in paragraph (1) to demonstrate the matters referred to in that paragraph to the extent that it is reasonable to expect the operator to address them at the time the document is prepared or revised.
3
Where the document referred to in paragraph (1) describes any health and safety arrangements or procedures to be followed, the operator shall ensure that those arrangements or procedures are followed unless in the particular circumstances of the case it is not in the best interests of the health and safety of persons to follow them, and there has been insufficient time to revise or replace the document to take account of those circumstances.
4
In this regulation —
“audit” means systematic assessment of the adequacy of the safety management system, carried out by persons who are sufficiently independent of the system (but who may be employed by the operator) to ensure that such assessment is objective; and
“safety management system” means the organisation, arrangements and procedures established by the operator for ensuring that the risk of a major accident is as low as is reasonably practicable.
Emergency procedures
24
1
The operator shall ensure that no fluid is conveyed in a major accident hazard pipeline unless —
a
such appropriate organisation and arrangements as shall have effect; and
b
the procedures which shall be followed in different circumstances,
in the event of an emergency relating to the pipeline have been established and recorded.
2
The operator shall revise or replace the record of the organisation, arrangements and procedures referred to in paragraph (1) as often as may be appropriate.
3
The operator shall ensure that the organisation, arrangements and procedures referred to in paragraph (1) are tested, by practice or otherwise, as often as may be appropriate.
Emergency plans in case of major accidents
25
1
A local authority which has been notified by the Executive that there is, or is to be a major accident hazard pipeline in its area shall before the pipeline is first used or within 9 months of such notification, whichever is later, and subject to paragraph (5), prepare an adequate plan detailing how an emergency relating to a possible major accident in its area will be dealt with.
2
In preparing the plan pursuant to paragraph (1) a local authority shall consult the operator of the pipeline, the Executive and any other persons as appear to the authority to be appropriate.
3
A local authority which has prepared a plan pursuant to paragraph (1) shall, as often as is appropriate and, in any case, at least every three years review the plan and make such revision as is appropriate.
4
The operator of a major accident hazard pipeline shall ensure that every local authority through whose area the pipeline will pass is furnished promptly with such information as it may reasonably require in preparing the plan referred to in paragraph (1).
5
It shall be deemed to be sufficient compliance with the requirement in paragraph (1) as to the time by which a plan is to be prepared, where such time is exceeded by reason of waiting for information referred to in paragraph (4) which has been promptly required.
6
Where a pipeline passes or is to pass through the areas of two or more local authorities the duties under this regulation may be discharged by them where they prepare a single plan.
Charge by a local authority for a plan
26
1
A local authority which prepares, reviews or revises a plan pursuant to paragraph (1) or (3) of regulation 25 may charge a fee, determined in accordance with paragraphs (2) to (4), to the operator of the pipeline to which the plan relates.
2
A fee shall not exceed the sum of the costs reasonably incurred by the local authority in preparing, reviewing or revising the plan and, where the plan covers pipelines of which there are more than one operator, the fee charged to each operator shall not exceed the proportion of such sum attributable to the part or parts of the plan relating to his pipelines.
3
In determining the fee no account shall be taken of costs other than the costs of discharging functions in relation to those parts of the plan which relate to the protection of health or safety of persons and which were costs incurred after the coming into force of these Regulations.
4
The local authority may determine the cost of employing a graded officer for any period on work appropriate to his grade by reference to the average cost to it of employing officers of his grade for that period.
5
When requiring payment the local authority shall send or give to the operator of the pipeline a detailed statement of the work done and costs incurred including the date of any visit to any place and the period to which the statement relates; and the fee, which shall be recoverable only as a civil debt, shall become payable one month after the statement has been sent or given.
Transitional provision
27
1
In the case of a pipeline, the construction of which is commenced within 6 months after the coming into force of these Regulations, it shall be sufficient compliance with regulation 20 if the particulars specified in Schedule 4 are notified to the Executive within 3 months after the coming into force of these Regulations.
2
Subject to paragraph (3), in the case of a major accident hazard pipeline, the construction of which was commenced (and whether or not completed) before the coming into force of these Regulations the particulars specified in Schedule 4 (or, in the case of paragraphs 3, 4, 5, 6 and 8 particulars, where appropriate, of the actual route of the pipeline or of the riser, materials used, fluid conveyed, and the temperature and pressure, and maximum rate of flow of that fluid) shall be notified to the Executive within 6 months after such coming into force.
3
Paragraph (2) shall not have effect where, pursuant to regulation 3(1) of the Notification of Installations Handling Hazardous Substances Regulations 1982 , the particulars relating to that pipeline specified in Part II of Schedule 2 to those Regulations have been supplied before such coming into force.
4
In the case of a pipeline, the design of which was completed before the coming into force of these Regulations, or within 12 months after such coming into force, regulation 23 shall have effect as if, for the words “before the design of a major accident hazard pipeline is completed” in paragraph (1) of that regulation there were substituted the words “within 12 months after the coming into force of these Regulations”.
5
In the case of a pipeline which was first used before the coming into force of these Regulations it shall be sufficient compliance with the requirement in regulation 24(1) where the matters referred to therein are recorded within 6 months after the coming into force of these Regulations.
6
Where a local authority receives a notification referred to in paragraph (1) of regulation 25 within 6 months after the coming into force of these Regulations, that regulation shall have effect in relation to the pipeline notified as if the reference in that paragraph to 9 months were a reference to 18 months.
PART IV
MISCELLANEOUS
Defence
28
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales; or
b
before the trial, where the proceedings are in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
For the purpose of enabling the other person to be charged with and convicted of the offence by virtue of section 36 of the 1974 Act, a person who establishes a defence under this regulation shall nevertheless be treated for the purposes of that section as having committed the offence.
Certificates of exemption
29
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, pipeline or class of persons or pipelines from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption 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.
Repeal of provisions of the Pipe-lines Act 1962
30
Sections 20 to 26, 27 to 32 and 42 of the Pipe-lines Act 1962 are hereby repealed.
Revocation and modification of instruments
31
1
The instruments specified in column 1 of Part I of Schedule 6 shall be revoked to the extent specified in column 3 of that Part.
2
The Notification of Installations Handling Hazardous Substances Regulations 1982 (“the 1982 Regulations”) shall have effect subject to the modifications of those Regulations specified in Part II of Schedule 6.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
18th March 1996


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Inspection) (No. 2) (Amendment) Regulations 1996 and shall come into force on 29th July 1996.
Amendment of Regulations
2
For regulation 7 of the Education (School Inspection) (No. 2) Regulations 1993 there shall be substituted the following regulation —
Reports, action plans and statements
7
1
The carrying out of an inspection shall be completed by the expiry of the period of two weeks beginning when the inspection begins to be carried out.
2
For the purposes of paragraph 9B(2) of Schedule 2 to the 1992 Act and section 208(2) of the 1993 Act there is prescribed, as the period within which the making of the report of an inspection and a summary of the report is to be completed, the period of five weeks from the date on which the inspection is completed.
3
For the purposes of paragraph 10(2) of Schedule 2 to the 1992 Act and section 210(2) of the 1993 Act there is prescribed, as the period within which the appropriate authority are to prepare an action plan, the period of forty working days from the date on which they receive the report.
4
For the purposes of paragraph 10(3) and (4) of Schedule 2 to the 1992 Act and section 210(3) and (4) of the 1993 Act there is prescribed, as the period within which the appropriate authority are to distribute in accordance with those enactments copies of an action plan prepared by them —
a
where the report does not state that the registered inspector is of the opinion that special measures are required to be taken in relation to the school, or where it does so and also states that the Chief Inspector disagrees with his opinion, five working days from the date on which the appropriate authority complete the preparation of the action plan; and
b
where the person making the report states that he is of the opinion that special measures are required to be taken in relation to the school, and either that person is a member of the Inspectorate or the report states that the Chief Inspector agrees with his opinion,
i
two days from the date on which the appropriate authority complete the preparation of the action plan; or
ii
two days from the expiry of the period prescribed by paragraph (3),
whichever first occurs.
5
Where an action plan has been prepared by the appropriate authority they shall send copies of it (in addition to the persons mentioned in paragraph 10(3) and (4) of Schedule 2 to the 1992 Act or subsections (3) and (5), or (3) to (5), of section 210 of the 1993 Act, as the case may be) as follows —
a
in all cases, to all persons employed at the school;
b
in the case of a secondary school, to the Training and Enterprise Council for the area in which the school is situated; and
c
in the case of a special school not being maintained by a local education authority, or an independent school approved by the Secretary of State under section 189(1) of the Education Act 1993 (approval of independent schools as suitable for admission of children with statements of special educational needs), to a further education funding council or any local education authority, if that body are paying fees in respect of the provision of education to any person at the school.
6
For the purposes of section 211(3) of the 1993 Act there is prescribed, as the period within which a local education authority are to prepare the statement referred to in section 211(2), the period of —
a
ten days from the date on which they receive a copy of the action plan in respect of the school in question; or
b
twelve days from the expiry of the period prescribed by paragraph (3),
whichever first occurs.
7
For the purposes of calculating the periods prescribed by paragraphs (4)(b) and (6) no account shall be taken of Saturday, Sunday, Good Friday and Christmas Day or any day which is a bank holiday.
.
3
Regulation 2 of the Education (School Inspection) (No. 2) (Amendment) Regulations 1993 is hereby revoked.
Robin Squire
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd July 1996


text:
1
1
These Regulations may be cited as the Petty Sessions Areas (Divisions and Names) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
2
In these Regulations, a regulation referred to by number means the regulation so numbered in the Petty Sessions Areas (Divisions and Names) Regulations 1988 .
2
In the definition of “committee” in regulation 1, the following shall be substituted for the words from “a non-metropolitan county” to the end: —
an area not falling within the inner London area or the City of London
.
3
The following shall be substituted for regulation 5(1)(a): —
a
sent to the clerk to every council required to be consulted by section 24(1)(a) (or, as the case may be, section 24B(1)(a)) of the Act, the clerk to the justices for any existing petty sessional division in the area and, in the case of a draft order, the clerk to any interested authority;
.
4
The following shall be substituted for regulation 7(a): —
a
where the objection is made by the committee, any council required to be consulted by section 24(1)(a) (or, as the case may be, section 24B(1)(a)) of the Act, the magistrates of an existing petty sessional division in the area or an interested authority, within one month of the date when a copy of the Lord Chancellor’s proposals is sent to the objector;
.
Mackay of Clashfern, C.
Dated 5th March 1996