type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Avon Valley) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Avon Valley) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
1
for paragraph (2), there shall be substituted the following paragraph:
2
Where an agreement includes the additional provisions specified in Schedule 3 in relation to any land, the Minister shall make payments at the rate of £260 per annum for each hectare of that land.
;
2
after paragraph (2), there shall be inserted the following paragraph:
2A
Where an agreement includes the additional provisions specified in Schedule 2 in relation to any land, the Minister shall make additional payments at the rate of £50 per annum for each hectare of that land.
;
3
for paragraph (3), there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operation included in the plan, subject to a maximum of £15,000 for each agreement.
.
Saving
5
Article 4(1) and (2) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
Howe
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
1
This Order may be cited as the Electricity Generating Stations (Gas Contracts) Order 1995 and shall come into force on 16th October 1995.
2
Authority is hereby granted for the purposes of section 14(2) of the Act for any fuel supply arrangements the duration of which is expressly limited to a period not exceeding twelve months.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
18th September 1995


text:
Citation and commencement
1
These Regulations may be cited as the Cycle Racing on Highways (Amendment) Regulations 1995 and shall come into force on 26th January 1996.
Preliminary
2
The Cycle Racing on Highways Regulations 1960 shall be further amended in accordance with the following provisions of these Regulations.
Amendments as to bicycle races
3
1
Regulation 5 shall be amended as follows.
2
In paragraph (1)(a)(i)(b), for “60” there shall be substituted “80”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th December 1995
William Hague
Secretary of State for Wales
8th December 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Buckinghamshire (Borough of Milton Keynes) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), and 9 to 12 on the day after the day on which it is made, and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order–
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Buckinghamshire” means the non-metropolitan county of Buckinghamshire and “the County Council” means the council of that county;
“Milton Keynes” (except in references to the county of Milton Keynes) means the borough of Milton Keynes and “the Milton Keynes Council” means the council of that borough;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN MILTON KEYNES
Structural change
3
The functions of the County Council in relation to Milton Keynes shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Milton Keynes Council.
Thames Valley Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies–
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Milton Keynes had ceased to form part of Buckinghamshire on that date; and
b
accordingly, the appointments which are required to be made to the Thames Valley Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Councils of Berkshire, Buckinghamshire and Oxfordshire and the Milton Keynes Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are–
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date–
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above–
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above–
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Milton Keynes ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “and Oxfordshire” in the right-hand column opposite the name of the Thames Valley police areas the words “and the non-metropolitan district of Milton Keynes”.
Fire services
6
1
In this article–“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Buckinghamshire (as constituted on and after the reorganisation date) and Milton Keynes.
2
Milton Keynes shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if–
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Buckinghamshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Buckinghamshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plan applying immediately before the reorganisation date to Buckinghamshire and any proposals prepared before that date for the alteration or replacement of any such plan shall be treated as if they had been prepared jointly by the County Council and the Milton Keynes Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Milton Keynes Council–
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following–
or
c
include their waste policies in their local plan.
.
Constitution of new county of Milton Keynes
8
1
Milton Keynes shall cease to form part of Buckinghamshire.
2
A new county shall be constituted comprising the area of Milton Keynes and shall be named the county of Milton Keynes.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Milton Keynes.
PART III
TRANSITIONAL PROVISION
Electoral areas in Milton Keynes
9
1
On 1st May 1996 the existing wards of Milton Keynes shall be abolished and the said area shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1 to this Order.
2
The wards shall comprise the areas respectively described in column (2) of Schedule 1 and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
Election of councillors in Milton Keynes
10
1
The whole number of councillors of Milton Keynes Council shall be elected at the ordinary elections of councillors in 1996.
2
The councillors holding office for any ward in the borough immediately before the relevant date shall retire on that date and the newly elected councillors shall come into office on that date.
3
Subject to the provisions in this article, the election of councillors shall be by thirds.
4
The order of retirement of the councillors elected in 1996 shall be as set out in Schedule 2 to this Order.
5
Where the number of councillors elected in 1996 for any ward of the borough is two, the first to retire in that ward shall be, subject to paragraphs (7) and (8) below, the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1996 for any ward of the borough is three–
a
one-third shall retire in 1998 being, subject to paragraphs (7) and (8) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 1999 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2000.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the borough in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
11
The ordinary elections of parish councillors for any parish or ward of a parish situated in the Bradwell and Olney wards of the borough shall take place in 1996 and thereafter ordinary elections shall take place every fourth year.
12
Parish councillors holding office in any parish or ward of a parish referred to in the foregoing paragraph before the ordinary election of parish councillors in 1996 shall retire on the fourth day after that election, and the newly elected councillors shall come into office on the day on which their predecessors retire.
Revocation
11
With effect from 2nd May 1996, the Borough of Milton Keynes (Electoral Arrangements) Order 1976 is revoked.
Retirement of councillors
12
1
The electoral divisions of Buckinghamshire comprised in Milton Keynes shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect–
a
in the case of a casual vacancy occurring in the office of councillor of the Milton Keynes Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division described in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


text:
1
This Order may be cited as the Superannuation (Admission to the Principal Civil Service Pension Scheme) Order 1995 and shall come into force on 6th June 1995.
2
Employment by the Legal Services Ombudsman is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st January 1991.
3
Employment by the Pensions Ombudsman is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st April 1991.
4
Employment by the Local Government Commission for England is hereby added to the employments listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st July 1992.
5
The office of the Chairman of the Local Government Staff Commission (England) is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 13th May 1993.
6
The office of the Pensions Ombudsman is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st September 1994.
7
The office of the Data Protection Registrar is hereby added to the offices listed in Schedule 1 to the Superannuation Act 1972 with effect from 1st September 1994.
Given under the official seal of the Minister for the Civil Service on 10th May 1995.
David Hunt
Authorised on behalf of the Minister for the Civil Service
10th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Authorities (Expenditure Powers) Order 1995 and shall come into force on 26th January 1996.
2
In this Order “ the Act ” means the Local Government Act 1972.
Specified expenditure
2
1
In this article —
“recipient authority” means a parish or community council, and
“donor authority” means a county council, a county borough council or a district council.
2
For the purposes of section 137(4B) of the 1972 Act there is hereby specified expenditure by a recipient authority defrayed by a payment to such authority which is —
a
made by a donor authority in pursuance of their powers under section 137, and
b
made in respect of expenditure which would otherwise form part of the recipient authority’s gross expenditure under that section.
Interpretation of article 2 before 1st April 1996
3
Until 1st April 1996 the definition of “donor authority” in article 2(1) above shall have effect as if the words “, a county borough council” were omitted .
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th December 1995
Signed by authority of the Secretary of State, for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
19th December 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995 and shall come into force on 17th July 1995.
2
Regulations 3 to 8 of these Regulations shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 18th July 1995;
b
where a claimant has an award of disability working allowance or family credit which is current on 17th July 1995, on the day following the expiration of that award.
3
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ; and
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of Schedule 4 to the Council Tax Benefit Regulations
2
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 55 —
56
Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991 .
57
Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987 .
.
Insertion of regulation 6A in the Disability Working Allowance Regulations
3
In the Disability Working Allowance Regulations after regulation 6 (remunerative work) the following new regulation shall be inserted —
Further provision as to remunerative work
6A. Whether, for the purposes of regulation 51(1)(bb) (determination of appropriate maximum disability working allowance) and paragraph 2A of Schedule 5 , the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 6(1)(b), (3), (4) and (4A) except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.
.
Amendment of regulation 51 of the Disability Working Allowance Regulations
4
In regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after sub-paragraph (1)(b) the following new sub-paragraph shall be inserted —
bb
in respect of a claimant who is —
i
a single claimant or lone parent who works, or
ii
a member of a married or unmarried couple either or both of whom work,
iii
for not less than 30 hours per week, the allowance specified in column (2) of Schedule 5 at paragraph 2A.
.
Amendment of Schedule 5 to the Disability Working Allowance Regulations
5
In Schedule 5 to the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) after paragraph 2 the following new paragraph shall be inserted —
Column (1) Column (2)
2A. In the case of a claimant to whom regulation 51(1)(bb) applies. 2A. £10..
Insertion of regulation 4A in the Family Credit Regulations
6
In the Family Credit Regulations after regulation 4 (remunerative work) the following new regulation shall be inserted —
Further provision as to remunerative work
4A. Whether, for the purposes of regulation 46(1)(aa) (determination of appropriate maximum family credit) and paragraph 1A of Schedule 4 , the work a person undertakes is for not less than 30 hours per week shall be determined in accordance with regulation 4(1)(b), (3), (4) and (4A) except that for the words “16 hours” in paragraph (4) there shall be substituted the words “30 hours”.
.
Amendment of regulation 46 of the Family Credit Regulations
7
In regulation 46 of the Family Credit Regulations (determination of maximum family credit) after sub-paragraph (a) of paragraph (1) the following new sub-paragraph shall be inserted —
aa
in respect of a lone parent who works, or a claimant who is a member of a married or unmarried couple either or both of whom work, for not less than 30 hours per week, the credit specified in column (2) of Schedule 4 against paragraph 1A;
.
Amendment of Schedule 4 to the Family Credit Regulations
8
In Schedule 4 to the Family Credit Regulations (determination of appropriate maximum family credit) after paragraph 1 the following new paragraph shall be inserted —
Column (1) Column (2)
1A. In the case of an adult or adults to whom regulation 46(1)(aa) applies. 1A. £10..
Amendment of Schedule 4 to the Housing Benefit Regulations
9
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) the following new paragraphs shall be added after paragraph 56(c) —
57
Any amount of disability working allowance up to a maximum of £10 per week where the claimant is entitled to the allowance under regulation 51(1)(bb) of the Disability Working Allowance (General) Regulations 1991.
58
Any amount of family credit up to a maximum of £10 per week where the claimant is entitled to the credit under regulation 46(1)(aa) of the Family Credit (General) Regulations 1987.
.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
22nd May 1995


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1995 and shall come into force on 24th February 1995.
2
These Regulations apply for the purpose of determining the aggregated budget of a local education authority in England for a financial year beginning on or after 1st April 1995.
3
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“the 1994 Regulations ” means the Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1994 ;
“aggregated budget” has the meaning assigned to it by section 33(4)(b) of the Act;
“general schools budget” has the meaning assigned to it by section 33(4)(a) of the Act ;
“special educational needs” has the meaning assigned to it by section 156 of the Education Act 1993 ;
“statement” in relation to a pupil with special educational needs means a statement made under section 168 of the Education Act 1993 or section 7 of the Education Act 1981 as it continues to have effect by virtue of Schedule 4 (transitional provisions) to the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994 .
Revocation
2
1
The 1994 Regulations are revoked in so far as they apply to local education authorities in England.
2
Notwithstanding paragraph (1) above, the 1994 Regulations shall continue to apply for the purpose of determining (or redetermining) the aggregated budget of a local education authority in England for the financial year beginning on 1st April 1994 and the Education (Financial Delegation to Schools) (Mandatory Exceptions) Regulations 1989 shall continue to apply for such a purpose for a financial year beginning on or before 1st April 1993.
Prescribed Expenditure
3
1
The expenditure referred to in paragraph (2) below, so far as taken into account in determining the general schools budget of any local education authority in England for any financial year, is prescribed for the purposes of section 38(4)(c) and (d) of the Act (expenditure to be left out of account in determining a local education authority’s aggregated budget for any financial year).
2
That expenditure is —
a
expenditure falling to be taken into account in determining central government grants of the following descriptions —
i
grants for education support and training under section 1 of the Education (Grants and Awards) Act 1984 ;
ii
grants under section 11 of the Local Government Act 1966 (grants for certain expenditure due to ethnic minority population);
iii
grants under section 210 of the Act (grants for the education of travellers and displaced persons);
iv
grants under section 2 of the Employment and Training Act 1973 (grants to assist persons to select, train for, obtain and retain employment etc. );
v
grants under section 1 of the Local Government Grants (Social Need) Act 1969 (grants relating to special social need in urban areas);
vi
grants under section 27 of the Housing and Planning Act 1986 (grants for regeneration of urban areas);
b
expenditure falling to be taken into account in determining specific grants from any of the European Communities which support activities in schools;
c
expenditure of the kind referred to in section 11 of the Local Government Act 1966 in respect of posts approved by the Secretary of State for the purpose of making grants in respect of such expenditure, being expenditure not falling to be taken into account in determining central government grants;
d
expenditure in respect of the costs of compensation, redundancy and other payments for staff who are dismissed or who retire prematurely, or for the purpose of securing the resignation of members of staff;
e
expenditure on services provided by education welfare officers and education social workers and on associated administrative expenses;
f
expenditure on services provided by educational psychologists in observing, working with and assessing pupils with special educational needs, in advising such pupils, their parents and their teachers, and in providing training to teachers and on associated administrative expenses; and
g
expenditure, not falling within sub-paragraph (e) or (f) above, in connection with a local education authority’s duties to make assessments of, and to make, maintain and review statements for, children with special educational needs, under sections 5, 7 and 8 of, and Schedule 1 to, the Education Act 1981 (as they continue to have effect by virtue of Schedule 4 (transitional provisions) to the Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994) or sections 167 to 170 and 172 to 174 of the Education Act 1993, including associated administrative expenses.
Gillian Shephard
Secretary of State for Education
27th January 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Swansea Bay Mussel Fishery Order 1995 and shall come into force on 18th September 1995.
2
In this Order —
“the grantee” means Colin Vivian Thomas of The Moorings, 51 Pen-Caer-Fenni Lane, Swansea, West Glamorgan.
“the definitive map” means the map signed in duplicate by a Parliamentary Under Secretary of State, Welsh Office and marked “Map referred to in the Swansea Bay Mussel Fishery Order 1995”, one copy of which is in the possession of the grantee and the other copy of which is in the possession of the Secretary of State;
“the fishery” means that part of Swansea Bay which is shown coloured pink on the definitive map;
Right of several fishery
2
Subject to the following provisions of this Order, there is hereby conferred on the grantee for a period of 7 years beginning on the date of coming into force of this Order the right of several fishery for mussels with respect to the fishery.
Marking of limits of fishery
3
The grantee shall mark the limits of the fishery in such manner as the Secretary of State may from time to time direct and shall maintain such marks in position and in good repair.
Accounts of income and expenditure and other information
4
The grantee shall render to the Secretary of State annual accounts of his income and expenditure under this order, and shall furnish to the Secretary of State all other information required by him with reference to this Order and to the fishery in such form and at such times as he may require, and shall allow any person authorised by the Secretary of State in that behalf to inspect the fishery and all books of account and other documents in the possession of the grantee relating to this Order and to the fishery and shall give to such person any information relating thereto as he may require.
Rights of the Crown
5
Nothing in this Order shall effect prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing herein contained shall authorise the grantee to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditament, subject or right of whatever description belonging to her Majesty in right of the Crown and under the management of the Crown Estate Commissioners.
Rights of various persons and bodies
6
1
Nothing in this Order shall affect prejudicially the exercise of any statutory power or authority from time to time vested in or exercisable by any person carrying on an undertaking falling within paragraph (2) below.
2
The following are the undertakings which fall within paragraph (1) above —
a
the undertaking of any water undertaker or sewage undertaker;
b
any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984 ;
c
the undertaking of any public gas supplier within the meaning of Part 1 of the Gas Act 1986 ;
d
the undertaking of any person authorised by a licence under Part 1 of the Electricity Act 1989 to generate, transmit or supply electricity.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
14th August 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disability Working Allowance and Income Support (General) Amendment Regulations 1995 and shall come into force —
a
for the purposes of this regulation and regulations 3 and 4, on 11th April 1995;
b
for the purposes of regulations 2 and 5 to 20, on 13th April 1995.
2
Regulations 3 and 4 shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 11th April 1995;
b
where a claimant has an award of disability working allowance which is current on 10th April 1995, on the day following the expiration of that award.
3
Regulations 2 and 18 shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 13th April 1995;
b
where a claimant has an award of disability working allowance which is current on 12th April 1995, on the day following the expiration of that award.
4
Regulations 5 to 17, 19 and 20 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 13th April 1995 which applies in his case.
5
In these Regulations —
“adjudication officer” means an adjudication officer appointed under section 38 of the Social Security Administration Act 1992 ;
“benefit week” has the same meaning as in the Income Support Regulations ;
“claimant” means a claimant for disability working allowance or, as the case may be, for income support;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Insertion of regulations 7A and 7B in the Disability Working Allowance Regulations
2
After regulation 7 of the Disability Working Allowance Regulations (income related benefits) there shall be inserted the following regulations —
Definition of “training for work”
7A
For the purposes of section 129(2A) of the Contributions and Benefits Act (which provides that a period of training for work may count towards the period of qualification for disability working allowance) “training for work” also includes any training received on a course which a person attends for 16 hours or more a week, the primary purpose of which is the teaching of occupational or vocational skills.
Days to be disregarded
7B
1
For the purposes of section 129(2B)(c) of the Contributions and Benefits Act (days to be disregarded in determining a period of training for work) there shall be disregarded any day on which the claimant was —
a
on holiday;
b
attending court as a justice of the peace, a party to any proceedings, a witness or a juror;
c
suffering from some disease or bodily or mental disablement as a result of which he was unable to attend training for work, or his attendance would have put at risk the health of other persons;
d
unable to participate in training for work because —
i
he was looking after a child because the person who usually looked after that child was unable to do so;
ii
he was looking after a member of his family who was ill;
iii
he was required to deal with some domestic emergency; or
iv
he was arranging or attending the funeral of his partner or a relative; or
e
authorised by the training provider to be absent from training for work.
2
For the purposes of paragraph (1)(d)(iv), “relative” means close relative, grandparent, grandchild, uncle, aunt, nephew or niece..
Amendment of regulation 51 of the Disability Working Allowance Regulations
3
1
Regulation 51 of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) after sub-paragraph (c) there shall be added the following sub-paragraph —
d
in respect of any child or young person to whom paragraph (1A) applies, the allowance specified in paragraph 5 of column (2) of Schedule 5..
3
After paragraph (1) there shall be inserted the following paragraphs —
1A
This paragraph applies to a child or young person for whom the claimant or his partner is responsible and who is a member of the claimant’s household, and —
a
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient; or
b
who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
c
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim.
1B
For the purposes of paragraph (1A)(a), “patient” has the same meaning it has in regulation 10..
Amendment of Schedule 5 to the Disability Working Allowance Regulations
4
In Schedule 5 to the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) —
a
in column (1) after paragraph 4 there shall be added the following paragraph —
5
Child or young person to whom regulation 51(1A) applies (disabled child or young person).; and
b
in column (2) after paragraph 4 there shall be added the following paragraph —
5
£19.80.
Amendment of regulation 4 of the Income Support Regulations
5
In regulation 4 of the Income Support Regulations (temporary absence from Great Britain) for head (v) of paragraph (2)(c) there shall be substituted the following head —
v
on the day on which the absence began he had satisfied the provisions of paragraph 5 of Schedule 1 (persons incapable of work) for a continuous period of not less than —
aa
196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act , or who is entitled to the highest rate of the care component of disability living allowance; or
bb
364 days in any other case,
and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period..
Amendment of regulation 8 of the Income Support Regulations
6
1
Regulation 8 of the Income Support Regulations (persons not required to be available for employment) shall be amended in accordance with the following provisions of this regulation.
2
For sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph —
a
an adjudication officer has determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that that person is not incapable of work; and.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
A person, other than one to whom paragraph (2) or regulation 10(1)(h) applies, to whom none of the provisions of Schedule 1 applies, shall, where —
a
an adjudication officer has determined for the purposes of section 171C of the Contributions and Benefits Act (the all work test) that that person is not incapable of work; and
b
that person has made and is pursuing an appeal against that determination; and
c
that person, were he required to be available for employment, would not be treated as so available under regulation 9(1) (persons treated as available for employment),
not be required to be available for employment pending the determination of his appeal..
4
In paragraph (3) for the words “paragraph (2)” there shall be substituted the words “paragraph (2) or (2A)”.
Amendment of regulation 9 of the Income Support Regulations
7
In regulation 9(3) of the Income Support Regulations (persons treated as available for employment) in the definition of “qualifying benefit” for the words “sickness benefit under the Social Security Act” there shall be substituted the words “short-term incapacity benefit”.
Amendment of regulation 11 of the Income Support Regulations
8
1
Regulation 11 of the Income Support Regulations (registration for employment) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (2A)”.
3
For sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph —
a
an adjudication officer has determined for the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) that that claimant is not incapable of work; and.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
A claimant, other than one to whom paragraph (2) or regulation 10(1)(h) applies, who would, but for this paragraph, be required to be registered for employment in accordance with paragraph (3), shall not be required so to register for employment if —
a
an adjudication officer has determined for the purposes of section 171C of the Contributions and Benefits Act (the all work test) that that claimant is not incapable of work; and
b
that claimant has made and is pursuing an appeal against that determination..
Amendment of regulation 22 of the Income Support Regulations
9
1
Regulation 22 of the Income Support Regulations (reductions in applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (1) there shall be inserted the following paragraph —
1A
The weekly applicable amount of a claimant to whom paragraph (5A) applies shall be reduced in accordance with paragraph (1) but for this purpose paragraph (1) shall be modified so that for the words “40 per cent” there are substituted the words “20 per cent”..
3
After paragraph (5) there shall be inserted the following paragraph —
5A
This paragraph applies to a claimant who is not required to be available for employment by virtue of regulation 8(2A) (persons not required to be available for employment) or who is not required to register for employment by virtue of regulation 11(2A) (registration for employment)..
4
In paragraph (6)(d) for the words “paragraph (5)” there shall be substituted the words “paragraph (5) or (5A)”.
Amendment of regulation 31 of the Income Support Regulations
10
In regulation 31(2) of the Income Support Regulations (date on which income is treated as paid) for the words “sickness or invalidity benefit” there shall be substituted the words “short-term or long-term incapacity benefit”, and the words “under the Social Security Act” shall be omitted.
Amendment of regulation 32 of the Income Support Regulations
11
In regulation 32(4)(a) of the Income Support Regulations (calculation of weekly amount of income) for the words “sickness or invalidity benefit” there shall be substituted the words “short-term or long-term incapacity benefit”, and the words “under the Social Security Act” shall be omitted.
Amendment of regulation 73 of the Income Support Regulations
12
In regulation 73(3) of the Income Support Regulations (amount of income support payable for part-weeks) for the words “sickness or invalidity benefit” there shall be substituted the words “short-term or long-term incapacity benefit”.
Amendment of regulation 75 of the Income Support Regulations
13
In paragraphs (b), (e) and (f) of regulation 75 of the Income Support Regulations (modifications in the calculation of income) for the words “sickness or invalidity benefit” in each place where they occur there shall be substituted the words “short-term or long-term incapacity benefit”, and the words “under the Social Security Act” in each place where they occur shall be omitted.
Amendment of paragraph 5 of Schedule 1 to the Income Support Regulations
14
For paragraph 5 of Schedule 1 to the Income Support Regulations (persons incapable of work) there shall be substituted the following paragraph —
5
A person who —
a
is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work) ; or
b
is treated as capable of work by virtue of regulations made under section 171E(1) of that Act (disqualification etc ); or
c
is entitled to statutory sick pay..
Amendment of paragraph 7 of Schedule 1 to the Income Support Regulations
15
For paragraph 7 of Schedule 1 to the Income Support Regulations (disabled students) there shall be substituted the following paragraph —
7
A person who is a student and —
a
whose applicable amount includes the disability premium or severe disability premium; or
b
who has satisfied the provisions of paragraph 5 for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period..
Amendment of Schedule 2 to the Income Support Regulations
16
1
Paragraph 12 of Schedule 2 to the Income Support Regulations (additional condition for the higher pensioner and disability premiums) shall be amended in accordance with the following provisions of this regulation and regulation 17.
2
In sub-paragraph (1)(a)(i) and (c)(i) for the words “invalidity pension” in each place where they occur there shall be substituted the words “long-term incapacity benefit”.
3
After sub-paragraph (5) there shall be added the following sub-paragraph —
6
For the purposes of sub-paragraph (1)(a)(i) and (c)(i), a reference to a person in receipt of long-term incapacity benefit includes a person in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate..
Further amendment of paragraph 12 of Schedule 2 to the Income Support Regulations
17
Paragraph 12 of Schedule 2 to the Income Support Regulations shall also be amended by —
a
substituting for head (b) of sub-paragraph (1) the following head —
b
the claimant —
i
is entitled to statutory sick pay or is incapable of work in accordance with the provisions of Part XIIA of the Contributions and Benefits Act and the regulations made thereunder (incapacity for work) , and
ii
has been so entitled or so incapable for a continuous period of not less than —
aa
196 days in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act ; or
bb
364 days in any other case;
and for these purposes any two or more periods of entitlement or incapacity separated by a break of not more than 56 days shall be treated as one continuous period; or; and
b
omitting sub-paragraph (3).
Transitional provisions with respect to the Disability Working Allowance Regulations
18
1
Where invalidity pension was payable to the claimant for one or more of the 56 days immediately preceding the date on which the claim for disability working allowance was made or was treated as made, the payments shall be treated for the purposes of section 129(2)(a)(i) of the Contributions and Benefits Act as payments of long-term incapacity benefit.
2
Any day on which a claimant was entitled to invalidity pension under sections 33, 40 or 41 of the Contributions and Benefits Act as in force on 12th April 1995 shall be treated for the purposes of section 129(2A)(b) of the Contributions and Benefits Act as a day on which he was entitled to long-term incapacity benefit.
Transitional provisions with respect to the Income Support Regulations
19
1
Sickness benefit shall be a qualifying benefit for the purposes of regulation 9(2)(a)(i) of the Income Support Regulations, and for this purpose “sickness benefit” means sickness benefit under section 31 of the Social Security Contributions and Benefits Act 1992 as in force on 12th April 1995.
2
Where the disability premium was applicable to a claimant on 12th April 1995 by virtue of paragraph 12(1)(b) of Schedule 2 to the Income Support Regulations as in force on that date, the disability premium shall continue to be applicable to that claimant for so long as paragraph 12(1)(b)(i) of that Schedule applies to him.
3
Paragraph (2) shall not apply to a claimant to whom paragraph 12(1)(b)(i) of Schedule 2 to the Income Support Regulations has ceased to apply for a period of more than 56 continuous days.
4
Where on 12th April 1995 paragraph 5 of Schedule 1 to the Income Support Regulations (persons incapable of work) as in force on that date applied to a claimant, but the disability premium was not applicable to him, that claimant shall be treated for the purposes of paragraph 12(1) of Schedule 2 to the Income Support Regulations as if, throughout the period that paragraph 5 of Schedule 1 had applied to him, paragraph 12(1)(b)(i) of Schedule 2 applied to him.
5
Where an adjudication officer on or after 13th April 1995, determines that a claimant fails to satisfy the incapacity for work test, in accordance with regulations made under section 171C of the Contributions and Benefits Act (the all work test), on its first application to the claimant concerned, and the claimant, immediately prior to that date, was either —
a
incapable of work and had been so for a continuous period of 28 weeks in circumstances to which paragraph 5 of Schedule 1 of the Income Support Regulations refers (persons incapable of work not required to be available for employment); or
b
in receipt of invalidity benefit or severe disablement allowance,
then, in a case in which either regulations 8(2A) or 11(2A) of the Income Support Regulations applies (persons not required to be available for employment and registration for employment), notwithstanding regulation 22(1A) and (5A) of the Income Support Regulations (reductions in applicable amounts), the amount of any income support to which the claimant is entitled shall be calculated in accordance with regulation 17 of those Regulations.
Savings with respect to the Income Support Regulations
20
1
Where a person was not required to be available for employment on 12th April 1995 by virtue of regulation 8(2) of the Income Support Regulations as in force on that date, that regulation shall continue to apply in that person’s case as if regulation 6 of these Regulations had not been made.
2
Where a claimant was not required to register for employment on 12th April 1995 by virtue of regulation 11(2) of the Income Support Regulations as in force on that date, that regulation shall continue to apply in that claimant’s case as if regulation 8 of these Regulations had not been made.
3
Where a claimant appeals against a decision of an adjudication officer that he is not incapable of work, and that decision was made on or before 12th April 1995, regulations 8 and 11 of the Income Support Regulations shall apply in that claimant’s case as if these Regulations had not been made.
4
Where the higher pensioner premium was applicable to a claimant on, or at any time during the 8 weeks immediately preceding, 12th April 1995 by virtue of paragraph 12(1)(c)(i) of Schedule 2 to the Income Support Regulations as in force on that date, paragraph 12 of that Schedule shall continue to apply in that claimant’s case as if regulation 16 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
28th February 1995


text:
Title and commencement
1
These Regulations may be cited as the Extraction Solvents in Food (Amendment) Regulations 1995 and shall come into force on 30th June 1995.
Amendment of the Extraction Solvents in Food Regulations 1993
2
The Extraction Solvents in Food Regulations 1993 shall be amended as follows —
a
in sub-paragraph (e) of paragraph (2) of regulation 4 (sale of food containing extraction solvents and of extraction solvents), for the number “19” there shall be substituted the number “20”;
b
immediately after item 19 in Part I of Schedule 1 (permitted extraction solvents) there shall be added, in Column 1, the following item —
“20. Cyclohexane”;
c
immediately after the entry relating to Propan-1-o1 in Schedule 3 (which specifies maximum residues for extraction solvents in foods containing flavourings prepared from natural flavouring materials by the use of such extraction solvents) there shall be inserted the following entry —
in Column 1 (extraction solvent in Column 2 (maximum residue) Cyclohexane 1 mg/kg.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th May 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
15th May 1995
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
24th May 1995
Hector Monro
Parliamentary Under-Secretary of State,
Scottish Office
16th May 1995


text:
Title and commencement
1
These Regulations may be cited as the Miscellaneous Food Additives Regulations 1995, and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“acid” means any substance which increases the acidity of a food or imparts a sour taste to it, or both;
“acidity regulator” means any substance which alters or controls the acidity or alkalinity of a food;
“ the Act ” means the Food Safety Act 1990;
“anti-caking agent” means any substance which reduces the tendency of individual particles of a food to adhere to one another;
“anti-foaming agent” means any substance which prevents or reduces foaming;
“antioxidant” means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by oxidation, including fat rancidity and colour changes;
“bulking agent” means any substance which contributes to the volume of a food without contributing significantly to its available energy value;
“carrier” and “carrier solvent” mean any substance, other than a substance generally considered as food, used to dissolve, dilute, disperse or otherwise physically modify a miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid, without altering its technological function (and without exerting any technological effect itself) in order to facilitate its handling, application or use;
“colour” has the same meaning as in the Colours in Food Regulations 1995 ;
“Directive 89/107/ EEC ” means Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption;
“Directive 89/398/EEC ” means Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses;
“Directive 95/2/ EC ” means European Parliament and Council Directive 95/2/EC on food additives other than colours and sweeteners (as corrected) ;
“emulsifier” means any substance which makes it possible to form or maintain a homogenous mixture of two or more immiscible phases, such as oil and water, in a food;
“emulsifying salt” means any substance which converts proteins contained in cheese into a dispersed form, thereby bringing about homogenous distribution of fat and other components;
“firming agent” means any substance which makes or keeps tissues of fruit or vegetables firm or crisp or which interacts with a gelling agent to produce or strengthen a gel;
“flavour enhancer” means any substance which enhances the existing taste or odour, or both, of a food;
“foaming agent” means any substance which makes it possible to form a homogenous dispersion of a gaseous phase in a liquid or solid food;
“food” means food sold, or intended for sale, for human consumption and in regulation 6 and for the purposes of regulation 9 includes a food additive;
“food additive” means —
any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods; or
a carrier or carrier solvent;
but does not include —
any substance used for the treatment of drinking water as provided for in Council Directive 80/778/EEC relating to the quality of water intended for human consumption, as amended by Council Directive 81/858/EEC and Council Directive 91/692/EEC ;
any product containing pectin and derived from dried apple pomace or peel of citrus fruit, or from a mixture of both, by the action of dilute acid followed by partial neutralisation with sodium or potassium salts (liquid pectin);
chewing gum bases;
white or yellow dextrin, roasted or dextrinated starch, starch modified by acid or alkali treatment, bleached starch, physically modified starch and starch treated by amylolitic enzymes;
ammonium chloride;
blood plasma, edible gelatin, protein hydrolysates and their salts, milk protein and gluten;
amino acids and their salts (other than glumatic acid, glycine, cysteine and cystine and their salts) having no additive function;
caseinates and casein;
inulin;
“gelling agent” means any substance which gives a food texture through the formation of a gel;
“glazing agent” means any substance which, when applied to the external surface of a food, imparts a shiny appearance or provides a protective coating, and includes lubricants;
“humectant” means any substance which prevents a food from drying out by counteracting the effect of an atmosphere having a low degree of humidity, or which promotes the dissolution of a powder in an aqueous medium;
“infants” means children under the age of twelve months;
“member State” means a member State of the European Community;
“miscellaneous additive” means any food additive which is used or intended to be used primarily as an acid, acidity regulator, anti-caking agent, anti-foaming agent, antioxidant, bulking agent, carrier, carrier solvent, emulsifier, emulsifying salt, firming agent, flavour enhancer, foaming agent, gelling agent, glazing agent, humectant, modified starch, packaging gas, preservative, propellant, raising agent, sequestrant, stabiliser or thickener, but does not include any processing aid;
“modified starch” means any substance obtained by one or more chemical treatments of edible starch, which may have undergone a physical or enzymatic treatment, and may be acid or alkali thinned or bleached;
“packaging gas” means any gas, other than air, which is introduced into a container before, during or after the placing of a food in that container;
“permitted miscellaneous additive” means any miscellaneous additive listed in Schedule 1, 2, 3 or 4, which satisfies the purity criteria (if any) for that additive;
“preservative” means any substance which prolongs the shelf-life of a food by protecting it against deterioration caused by micro-organisms;
“processed”, in relation to any food, means having undergone any treatment resulting in a substantial change in the original state of the food, but does not include dividing, parting, severing, boning, mincing, skinning, paring, peeling, grinding, cutting, cleaning, trimming, deep-freezing, freezing, chilling, milling, husking, packing or unpacking, and “unprocessed” shall be construed accordingly;
“processing aid” means any substance not consumed as a food by itself, intentionally used in the processing of raw materials, foods or their ingredients to fulfil a certain technological purpose during treatment or processing, and which may result in the unintentional but technically unavoidable presence of residues of the substance or its derivatives in the final product, provided that these residues do not present any health risk and do not have any technological effect on the finished product;
“propellant” means any gas, other than air, which expels a food from a container;
“purity criteria” means the purity criteria (if any) for that miscellaneous additive specified or referred to in Schedule 5;
“raising agent” means any substance or combination of substances which liberates gas and thereby increases the volume of a dough or a batter;
“relevant food additive” means any miscellaneous additive, colour or sweetener, or an enzyme which is not acting as a processing aid;
“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;
“sequestrant” means any substance which forms a chemical complex with metallic ions;
“stabiliser” means any substance which makes it possible to maintain the physico-chemical state of a food, including any substance which enables a homogenous dispersion of two or more immiscible substances in a food to be maintained, and any substance which stabilises, retains or intensifies an existing colour of a food;
“sweetener” has the same meaning as in the Sweeteners in Food Regulations 1995 ;
“thickener” means any substance which increases the viscosity of a food;
“young children” means children aged between one and three years.
2
Other expressions used in these Regulations and in Directive 95/2/EC have, in so far as the context admits, the same meaning in these Regulations as they bear in that Directive.
3
Any reference in these Regulations to a Community instrument is a reference to it as amended, modified or otherwise adapted.
4
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations, and in the case of a Schedule shall be read with any note thereto.
5
Any reference in these Regulations to —
a
a maximum level of permitted miscellaneous additive in or on a food, or in respect of a food additive, is to the maximum level of that permitted miscellaneous additive in or on the food, or in respect of the food additive, as sold, unless otherwise indicated;
b
quantum satis means that no maximum level of permitted miscellaneous additive in or on a corresponding food is specified but that in or on such food a permitted miscellaneous additive may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.
Use of miscellaneous additives
3
1
No person shall use in or on any food any miscellaneous additive other than a permitted miscellaneous additive.
2
Subject to regulation 4(2) and Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food which is listed in Schedule 6 but not in column 1 of Schedule 7.
3
Subject to regulation 4(2) and Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food listed in column 1 of Schedule 7, except a permitted miscellaneous additive which is listed, or referred to, in relation to that food in column 2 of that Schedule in an amount not exceeding the maximum level (if any) for such additive in or on such food as listed in column 3 of that Schedule.
4
No person shall use any permitted miscellaneous additive listed in Schedule 1 in or on any food which is not listed in Schedule 6 or in column 1 of Schedule 7 and is not referred to in paragraph (7) below in an amount higher than quantum satis or otherwise than in compliance with Notes 1 and 3 to Schedule 1.
5
Subject to paragraphs (1) and (2) of regulation 4, no person shall use any permitted miscellaneous additive listed in Schedule 2 or 3 in or on any food which is not referred to in paragraph (7) below, other than a food listed in either of those Schedules in relation to that additive and in accordance with the provisions contained in those Schedules governing the use of such additive in or on such food.
6
No person shall use any miscellaneous additive primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Schedule 4 and its use complies with the restrictions (if any) mentioned in relation to that additive in column 3 of that Schedule.
7
Subject to Note 2 to Schedule 1, no person shall use any permitted miscellaneous additive in or on any food for infants or young children as referred to in Directive 89/398/EEC (including any food for infants and young children not in good health) unless that additive is listed in Schedule 8, in which case it may be used only in accordance with the conditions contained in that Schedule.
8
No person shall use in or on any food for infants or young children as referred to in Directive 89/398/EEC (including any food for infants and young children not in good health) any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive is listed in Schedule 8 and its presence in or on the food is in accordance with the conditions contained in that Schedule.
Use of miscellaneous additives in or on compound foods
4
1
Subject to paragraphs (3) and (4) below, any food in or on which a permitted miscellaneous additive is used without contravening any of the provisions of paragraphs (2) to (5) or (7) of regulation 3 may itself be used as an ingredient in a compound food in or on which the use of such miscellaneous additive is not otherwise permitted; and the presence in or on that compound food of such miscellaneous additive as a result of its containing such an ingredient shall not constitute a contravention of any of the provisions of those paragraphs of regulation 3.
2
Subject to paragraph (4) below, there may be used in or on a food any permitted miscellaneous additive the use of which would otherwise constitute a contravention of any of the provisions of paragraphs (2) to (5) or (7) of regulation 3, where such a food is destined to be used solely in the preparation of a compound food and the resulting presence in or on that compound food of such miscellaneous additive does not itself constitute a contravention of any of the provisions of those paragraphs of regulation 3.
3
Paragraph (1) above shall not apply in the case of any compound food listed in Schedule 6 or in column 1 of Schedule 7.
4
Paragraphs (1) and (2) above shall not apply in the case of any food for infants or young children as referred to in Directive 89/398/EEC , except where specifically provided in these Regulations.
Sale of food additives and food containing miscellaneous additives
5
1
No person shall sell any miscellaneous additive for use in or on food unless that additive is a permitted miscellaneous additive.
2
No person shall sell any miscellaneous additive for use primarily as a carrier or carrier solvent unless that additive is a permitted miscellaneous additive listed in Schedule 4.
3
No person shall sell directly to the consumer any miscellaneous additive other than a permitted miscellaneous additive.
4
No person shall sell any food having in it or on it any added miscellaneous additive other than a permitted miscellaneous additive which has been used, or is present, in or on that food without contravening any of the provisions of paragraphs (1) to (5), (7) or (8) of regulation 3.
5
No person shall sell any relevant food additive in combination with a miscellaneous additive which has been used primarily as a carrier or carrier solvent unless that miscellaneous additive has been used in respect of that relevant food additive without contravening the provisions of regulation 3(6).
Condemnation of food
6
Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which a food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
Offences, penalties and enforcement
7
1
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
3
Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.
4
In this regulation “food authority” does not include —
a
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change,
b
until 1st April 1996, the council of a district in Wales, or
c
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food or, as the case may be, the food additive in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or food additive complies with that legislation; and
b
in the case of export to another member State, that the legislation complies with Directive 89/107/EEC and Directive 95/2/EC .
Application of various provisions of the Act
9
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith).
Revocations and amendments
10
1
The Regulations specified in columns 1 and 2 of Schedule 9 shall be revoked to the extent specified in column 3 of that Schedule.
2
In the Mineral Hydrocarbons in Food Regulations 1966 , in regulation 3 (exemptions) —
a
there shall be substituted for paragraph (1) the following paragraph —
1
Regulation 4 of these regulations shall not apply in relation to —
a
any food containing mineral hydrocarbon by reason not of the inclusion of mineral hydrocarbon as an ingredient in such food but because of the use of mineral hydrocarbon as a lubricant or greasing agent on some surface with which such food has necessarily to come into contact during the course of preparation if such food contains by reason thereof not more than 0.2 part by weight of mineral hydrocarbon per 100 parts by weight of the food;
b
any chewing compound which —
i
contains no more than 60 parts by weight of solid mineral hydrocarbon per 100 parts by weight of chewing compound, and
ii
contains no mineral hydrocarbon other than any mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of Part I of the Schedule to these regulations;
c
the rind of any whole pressed cheese;
d
any food containing mineral hydrocarbon where the use of that mineral hydrocarbon in or on that food is as a miscellaneous additive, as defined in the Miscellaneous Food Additives Regulations 1995, and complies with the provisions of those Regulations.
;
b
in the proviso to paragraph (2), for the words “paragraph (1)(e)” there shall be substituted the words “paragraph (1)(b)”;
c
in paragraph (3), for the words “paragraph (1)(a) to (g)” there shall be substituted the words “paragraph (1)(a) to (c)”.
3
In the Mineral Hydrocarbons in Food (Scotland) Regulations 1966 , in regulation 4 (exemptions) —
a
there shall be substituted for paragraph (1) the following paragraph —
1
Regulation 5 of these regulations shall not apply in relation to —
a
any food containing mineral hydrocarbon by reason not of the inclusion of mineral hydrocarbon as an ingredient in such food but because of the use of mineral hydrocarbon as a lubricant or greasing agent on some surface with which such food has necessarily to come into contact during the course of preparation if such food contains by reason thereof not more than 0.2 part by weight of mineral hydrocarbon per 100 parts by weight of the food;
b
any chewing compound which —
i
contains no more than 60 parts by weight of solid mineral hydrocarbon per 100 parts by weight of chewing compound, and
ii
contains no mineral hydrocarbon other than any mineral hydrocarbon which complies with the specification therefor set forth in paragraph 4 of Part I of the Schedule to these regulations;
c
the rind of any whole pressed cheese;
d
any food containing mineral hydrocarbon where the use of that mineral hydrocarbon in or on that food is as a miscellaneous additive, as defined in the Miscellaneous Food Additives Regulations 1995, and complies with the provisions of those Regulations.
;
b
in the proviso to paragraph (2), for the words “paragraph (1)(e)” there shall be substituted the words “paragraph (1)(b)”;
c
in paragraph (3), for the words “paragraph (1)(a) to (g)” there shall be substituted the words “paragraph (1)(a) to (c)”.
4
In the Specified Sugar Products Regulations 1976 and the Specified Sugar Products (Scotland) Regulations 1976 —
a
in regulation 2(1) (interpretation) —
i
after the definition of “the Act” there shall be inserted the following definition —
“anti-caking agent” has the meaning assigned to it by the Miscellaneous Food Additives Regulations 1995;
;
ii
there shall be substituted for the definition of “anti-foaming agent” the following definition —
“anti-foaming agent” has the meaning assigned to it by the Miscellaneous Food Additives Regulations 1995;
;
iii
there shall be substituted for the definition of “appropriate designation” the following definition —
“appropriate designation”, as respects any colour, anti-caking agent or anti-foaming agent, means a name or description or a name and description sufficiently specific, in each case, to indicate to an intending purchaser the true nature of the colour, anti-caking agent or anti-foaming agent to which it is applied;
;
iv
after the definition of “loaf sugar” there shall be inserted the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
b
there shall be substituted for paragraph (3) of regulation 2 the following paragraph —
3
Any permitted miscellaneous additive (other than E 220 sulphur dioxide) specified in Part B of Schedule 2 to the Miscellaneous Food Additives Regulations 1995, if calculated as, may be used in place of, E 220 sulphur dioxide, and any reference in these regulations to the permitted miscellaneous additive sulphur dioxide shall be construed accordingly.
;
c
in regulation 5(3) (labelling and description of specified sugar products) —
i
there shall be substituted for sub-paragraph (c) the following sub-paragraph —
c
for glucose syrup or dried glucose syrup containing more than 20 milligrams per kilogram of the permitted miscellaneous additive sulphur dioxide, a declaration that the product is not for sale by retail;
;
ii
there shall be substituted for sub-paragraph (e) the following sub-paragraph —
e
for icing sugar or icing dextrose containing any permitted miscellaneous additive used primarily as an anti-caking agent or any starch in accordance with paragraph (a) or (c) of the proviso to regulation 9, the declaration “contains X” or “contains starch” respectively, the declaration in the former case being completed by inserting at X an appropriate designation or the common or usual name of each anti-caking agent present;
;
iii
in sub-paragraph (f) there shall be substituted for the words “any anti-foaming agent in accordance with paragraph (d) of the proviso” the words “any permitted miscellaneous additive used primarily as an anti-foaming agent in accordance with paragraph (a) of the proviso”;
d
in regulation 8 (declarations of sulphur dioxide in glucose syrup and dried glucose syrup) there shall be substituted for the words from “of which the sulphur dioxide” to “20 milligrammes per kilogramme” the words “containing more than 20 milligrams per kilogram of the permitted miscellaneous additive sulphur dioxide”;
e
in the proviso to regulation 9 (permitted additional ingredients in specified sugar products) —
i
there shall be substituted for paragraph (a) the following paragraph —
a
any specified sugar product may contain any permitted miscellaneous additive;
;
ii
there shall be substituted for paragraph (c) the following paragraph —
c
any icing sugar or icing dextrose which does not contain any permitted miscellaneous additive used primarily as an anti-caking agent may contain not more than 5 per centum of starch.
.
5
In the Cocoa and Chocolate Products Regulations 1976 and the Cocoa and Chocolate Products (Scotland) Regulations 1976 —
a
in regulation 2(1) (interpretation) —
i
in the definition of “edible substance” there shall be substituted for paragraph (c) the following paragraph —
c
any permitted miscellaneous additive
;
ii
after the definition of “permitted cocoa butter” there shall be inserted the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
b
in the proviso to regulation 15 (permitted additional ingredients in cocoa and chocolate products) there shall be substituted for paragraphs (a) to (c) the following paragraph —
a
any cocoa product or chocolate product may contain any permitted miscellaneous additive;
.
6
In the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 —
a
in regulation 2(1) (interpretation) after the definition of “human consumption” there shall be inserted the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
b
in the proviso to regulation 11(1) (permitted additional ingredients in fruit juice, concentrated fruit juice, dried fruit juice and fruit nectar) —
i
there shall be substituted for sub-paragraphs (a), (e), (g), (j) and (k) the following sub-paragraph —
a
any such food may contain any permitted miscellaneous additive, so however that no apple juice, grape juice, pineapple juice or concentrated pineapple juice shall contain both added sugar and added acid;
;
ii
there shall be substituted for sub-paragraph (f) the following sub-paragraph —
f
the fruit nectars referred to in Schedule 4 may contain lemon juice, in total or partial replacement of citric acid, in a proportion not exceeding 5 grams per litre;
;
c
there shall be substituted for Schedule 4 (fruit juices, concentrated fruit juices and fruit nectars which may contain added permitted acid and the nature and proportion of added permitted acid in each case) the following Schedule —
SCHEDULE 4
FRUIT NECTARS WHICH MAY CONTAIN LEMON JUICE IN PLACE OF CITRIC ACID
Regulation 11
1
Apple nectar obtained exclusively from apple purée or concentrated apple purée or an admixture thereof
2
Peach nectar obtained exclusively from peach purée or concentrated peach purée or an admixture thereof
3
Pear nectar obtained exclusively from pear purée or concentrated pear purée or an admixture thereof
4
Any admixture of the fruit nectars referred to in items 1 to 3 above.
7
In the Condensed Milk and Dried Milk Regulations 1977 and the Condensed Milk and Dried Milk (Scotland) Regulations 1977 —
a
in regulation 2(1) (interpretation) there shall be substituted for the definition of “permitted miscellaneous additive” the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
b
in regulation 5(1) (labelling and description of condensed milk and dried milk products for retail sale) in sub-paragraph (b) there shall be substituted for the words “paragraph (c)” the words “paragraph (a)”;
c
in the proviso to regulation 9 (permitted additional ingredients in condensed milk and dried milk) there shall be substituted for paragraphs (a) to (d) the following paragraph —
a
any condensed milk product or dried milk product may contain any permitted miscellaneous additive;
.
8
In the Coffee and Coffee Products Regulations 1978 and the Coffee and Coffee Products (Scotland) Regulations 1979 —
a
in regulation 2(1) (interpretation) after the definition of “human consumption” there shall be inserted the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
b
in the proviso to regulation 8 (permitted additional ingredients in certain designated products) —
i
there shall be substituted for paragraphs (a), (b) and (e) the following paragraph —
a
any designated product may contain any permitted miscellaneous additive;
; and
ii
in paragraph (d) there shall be inserted after the words “liquid coffee and chicory extract,” the words “chicory and coffee essence,”.
9
In the Jam and Similar Products Regulations 1981 and the Jam and Similar Products (Scotland) Regulations 1981 —
a
in regulation 2(1) (interpretation) —
i
immediately before the definition of “permitted sweetener” there shall be inserted the following definition —
“permitted miscellaneous additive” means any miscellaneous additive in so far as its use in food is permitted by the Miscellaneous Food Additives Regulations 1995;
;
ii
after the definition of “prepacked” there shall be inserted the following definition —
“preservative” has the meaning assigned to it by the Miscellaneous Food Additives Regulations 1995;
;
b
in regulation 8(4) (miscellaneous labelling requirements) there shall be substituted for sub-paragraph (c) the following sub-paragraph —
c
the food contains a permitted miscellaneous additive used primarily as a preservative.
;
c
in regulation 14(1) (permitted additional ingredients) there shall be inserted at the end the words “or any permitted miscellaneous additive”.
10
In the Meat Products and Spreadable Fish Products Regulations 1984 —
a
in regulation 2(1) (interpretation) in the definition of “additive” there shall be substituted for the words from “the Antioxidants in Food Regulations 1978” to “the Miscellaneous Additives in Food Regulations 1980” the words “the Miscellaneous Food Additives Regulations 1995”;
b
in regulation 5(2) (name of the food for certain meat products) in sub-paragraph (b) there shall be inserted after the words “the conditions” the words “(if any)”;
c
in Schedule 1 (ingredients of cured meat) —
i
in the first division of ingredients in column 1 there shall be inserted after the entry “Water” the following entry —
Additives other than flavourings, smoke and smoke solutions
;
ii
in the third division of ingredients in column 1 there shall be substituted for the entry “Additives” the following entry —
Flavourings, smoke and smoke solutions
.
11
In the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 —
a
in regulation 2(1) (interpretation) in the definition of “additive” there shall be substituted for the words from “the Antioxidants in Food (Scotland) Regulations 1978” to “the Miscellaneous Additives in Food (Scotland) Regulations 1980” the words “the Miscellaneous Food Additives Regulations 1995”;
b
in regulation 5(2) (name of the food for certain meat products) in sub-paragraph (b) there shall be inserted after the words “the conditions” the words “(if any)”;
c
in Schedule 1 (ingredients of cured meat) —
i
in the first division of ingredients in column 1 there shall be inserted after the entry “Water” the following entry —
Additives other than flavourings, smoke and smoke solutions
;
ii
in the third division of ingredients in column 1 there shall be substituted for the entry “Additives” the following entry —
Flavourings, smoke and smoke solutions
.
12
In the Food Additives Labelling Regulations 1992 —
a
in regulation 2 (interpretation) after the definition of “food additive” there shall be inserted the following definitions —
“miscellaneous additive” has the same meaning as in the 1995 Regulations ;
“the 1995 Regulations” means the Miscellaneous Food Additives Regulations 1995;
;
b
in Schedule 1 (categories of food additives) in Part I (list of food additives) —
i
there shall be substituted for item 9 the following item —
9
Flavour enhancers.
;
ii
there shall be substituted for item 19 the following item —
19
Flour treatment agents.
;
iii
there shall be substituted for item 25 the following item —
25
Propellants.
;
iv
there shall be inserted at the end the following item —
27
Carriers and carrier solvents.
;
c
in Schedule 1 in Part II (supplementary) —
i
there shall be substituted for sub-paragraphs (b) to (m) the following sub-paragraph —
b
“antioxidant”, “preservative”, “emulsifier”, “emulsifying salt”, “thickener”, “gelling agent”, “stabiliser”, “flavour enhancer”, “acid”, “acidity regulator”, “anti-caking agent” and “modified starch” mean any miscellaneous additive primarily used as an antioxidant, preservative, emulsifier, emulsifying salt, thickener, gelling agent, stabiliser, flavour enhancer, acid, acidity regulator, anti-caking agent or modified starch, as the case may be, as defined in the 1995 Regulations;
;
ii
there shall be substituted for sub-paragraphs (o) to (q) the following sub-paragraph —
o
“raising agent”, “anti-foaming agent” and “glazing agent” mean any miscellaneous additive primarily used as a raising agent, anti-foaming agent or glazing agent, as the case may be, as defined in the 1995 Regulations;
;
iii
there shall be substituted for sub-paragraphs (r) and (s) the following sub-paragraphs —
r
“flour bleaching agent” means any substance primarily used to remove colour from flour;
s
“flour treatment agent” means any substance which is added to flour or dough to improve its baking quality;
;
iv
there shall be substituted for sub-paragraphs (t) and (u) the following sub-paragraph —
t
“firming agent” and “humectant” mean any miscellaneous additive primarily used as a firming agent or humectant, as the case may be, as defined in the 1995 Regulations;
;
v
there shall be substituted for sub-paragraphs (w) to (z) the following sub-paragraph —
w
“sequestrant”, “bulking agent”, “propellant”, “packaging gas”, “carrier” and “carrier solvent” mean any miscellaneous additive primarily used as a sequestrant, bulking agent, propellant, packaging gas, carrier or carrier solvent, as the case may be, as defined in the 1995 Regulations.
;
d
in Schedule 3 (requirement for sales) in Part I in paragraph 2 and in Part II in paragraph 1 there shall be substituted for the words “EEC number” (wherever they occur) the words “EC number”.
Transitional provision and exemptions
11
1
In any proceedings for an offence against these Regulations it shall be a defence to prove that —
a
i
the act was committed before 25th March 1997, or
ii
the act was that of selling a food additive or a food which, in either case, was put on the market or labelled before 25th March 1997; and
b
the matter constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the food additive or, as the case may be, the food was put on the market or labelled.
2
These Regulations shall not apply in respect of any food additive or, as the case may be, food which —
a
is brought into Great Britain before 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
b
is suitably labelled to give the nature of the food additive or, as the case may be, the food.
3
In so far as the purity criteria specified or referred to in Schedule 5 are not set out in any Community instrument, those purity criteria shall not apply in relation to any food additive or, as the case may be, food which —
a
is brought into Great Britain on or after 25th March 1997 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
b
is suitably labelled to give the nature of the food additive or, as the case may be, the food.
4
For the purposes of paragraphs (2) and (3) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th December 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
17th November 1995
Signed by authority of the Secretary of State for Wales:
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
23rd November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
21st November 1995


text:
Citation and commencement
1
This Order may be cited as the Teacher Training Agency (Additional Functions) Order 1995 and shall come into force on 1st April 1995.
Conferring of additional functions
2
The following additional functions are hereby conferred on the Teacher Training Agency —
a
the licensing or otherwise authorising of persons who are not qualified teachers to be employed as teachers at schools and functions incidental or supplemental thereto exercised under regulations from time to time in force under section 218(1)(a) and (3) of the Education Reform Act 1988 ; and
b
functions exercised under regulations from time to time in force under section 218 (2B) of the Education Reform Act 1988 in connection with requirements imposed by those regulations on persons carrying on city technology colleges or city colleges for the technology of the arts as to the training and teaching experience of persons employed as teachers at such colleges who seek to become (in relation to schools) qualified teachers.
Gillian Shephard
Secretary of State for Education
6th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Kent Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th August 1995.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the North Kent Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th August 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
19th July 1995