text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Consultation on Dissolution) Amendment Regulations 1992 and shall come into force on 11th December 1992.
2
In these Regulations, “the principal Regulations ” means the National Health Service Trusts (Consultation on Dissolution) Regulations 1991 .
Amendment of the principal Regulations
2
1
In regulation 1(2) of the principal Regulations (interpretation), after thedefinition of “relevant Regional Health Authority” there shall be added the following definition–
“staff interests” means such persons or bodies as the NHS trust which is to be dissolved may recognise as representing persons who are employed by or for the purposes of that trust, and who are, in its opinion, likely to be affected by an order under paragraph 30 of Schedule 2 to the Act.
.
2
After regulation 2(2) of the principal Regulations there shall be inserted thefollowing paragraphs–
2A
Subject to paragraph (3) of this regulation, for the purposes of sub-paragraph (3) of paragraph 30 of Schedule 2 to the Act, the prescribed consultation which must be completed before the Secretary of State may make an order under that paragraph transferring or providing for the transfer of property, rights or liabilities of an NHS trust shall be–
a
where the dissolution order in respect of that trust is to be made pursuant to paragraph 29(2)(a) of Schedule 2 to the Act, consultation by that trust with the relevant Community Health Council and staff interests, the results of which shall, within such a period, if any, as the Secretary of State may determine, be reported by that trust to the Secretary of State;
b
where the dissolution order in respect of that trust is to be made pursuant to paragraph 29(2)(b) of Schedule 2 to the Act, consultation by the Secretary of State with the relevant Community Health Council and staff interests.
2B
Consultation required by paragraph (2A) of this regulation may be combined with the consultation required by paragraph (1) of this regulation; and where orders under paragraph 30 of Schedule 2 to the Act are to be made in respect of two or more NHS trusts, the consultation required by paragraph (2A)(a) of this regulation may be undertaken jointly by the NHS trusts concerned.
3
In regulation 2(3) of the principal Regulations–
a
for the words from “which, except” to “order” there shall be substituted the words “for the purposes of paragraphs 29(3) and 30(3) of that Schedule”; and
b
in sub-paragraphs (a) and (b) after the word “Council” in each case where it occurs there shall be inserted the words “and staff interests”.
Virginia Bottomley
Secretary of State for Health
19th November 1992
David Hunt
Secretary of State for Wales
19th November 1992


type: legislation

jurisdiction: UK

text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the connecting roads”), shall become trunk roads as from he date when this Order came into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of a new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 3 as part of the main new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that schedule and the towing paths adjacent to that part in the manner shown in that schedule.
5
In this Order:–
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA 10/2WM 146, marked “The (A50) Nottingham–Derby–Stoke-on-Trent Trunk Road (Blythe Bridge to Queensway and Connecting Roads) Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 and “a new trunk road” means one of those highways;
iii
“the A50 Trunk Road” means the Nottingham–Derby–Stoke-on-Trent Trunk Road;
iv
“the A500 Trunk Road” means the A500 Queensway (known locally as the “D” Road); and
v
“the side roads order” means the (A50) Nottingham–Derby–Stoke-onTrent Trunk Road (Blythe Bridge to Queensway and Connecting Roads (Side Roads) Order 1992;
c
a reference to a schedule followed by a number is a reference to the schedule to this Order which bears that number, and a reference in schedule 2 to a paragraph follwed by a number is a reference to the paragraph in that schedule which bears that number.
6
This Order shall come into force on 14th April 1992, and may be cited as the (A50) Nottingham–Derby–Stoke-on-Trent Trunk Road (Blythe Bridge to Queensway and Connecting Roads) Order 1992.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
2nd April 1992


text:
Citation and commencement
1
These Regulations may be cited as the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) (Amendment) Regulations 1992 and shall come into force on 6th April 1992.
Amendment of the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989
2
The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1989 are amended as follows —
a
by substituting for paragraph (a) of regulation 4 the following —
a
the relevant apparatus comprised in the relevant low power device is approved under section 84 of the 1984 Act;
; and
b
by substituting for the table in paragraph 2 of the Schedule (field disturbance and Doppler apparatus) the table set out in the Schedule hereto.
Amendment of the Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991
3
The Wireless Telegraphy Apparatus (Low Power Devices) (Exemption) Regulations 1991 are amended as follows —
a
by substituting for regulation 3 the following —
Exemption
3
Subject to regulation 4, the establishment, installation and use of any apparatus for wireless telegraphy of a description set out in the Schedule hereto (hereinafter referred to as a “relevant low power device”) are hereby exempted from the provisions of section 1(1) of the 1949 Act.
;
b
by substituting for paragraph (a) of regulation 4 the following —
a
the relevant apparatus comprised in the relevant low power device is approved under section 84 of the 1984 Act;
; and
c
in the Schedule,
i
by deleting the words “Part I”;
ii
by inserting after paragraph 6 (Fixed Alarms)
the following paragraph —
Cordless audio apparatus
7
Wireless telegraphy apparatus designed or adapted —
a
for providing a short range radio link between such cordless audio apparatus and audio equipment; and
b
so as to be capable of use only —
i
at a power not exceeding 10 microwatts (054W)
ERP; and
ii
within the frequency bands 36.61 to 36.79 MHz and 37.01 to 37.19 MHz.
; and
iii
by deleting Part II.
John Redwood
Minister of State,
Department of Trade and Industry
4th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thameside Community Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Thameside Community Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Thameside Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Thurrock Hospital, Long Lane, Grays, Essex RM16 2PX and associated hospitals;
b
to manage community health services provided from South Ockenden Hospital, South Road, South Ockenden, Essex RM15 6SB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Basildon and Thurrock Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Basildon and Thurrock Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Basildon and Thurrock Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Taunton and Somerset National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 4th January 1993.
2
In this Order:
“the Authority” means the Somerset Health Authority;
“the Trust” means the Taunton and Somerset 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 28th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 4th January 1993 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
12th November 1992


text:
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 1992 and shall come into force on 6th July 1992.
2
Professor Stewart Ross Sutherland is hereby appointed Her Majesty’s Chief Inspector of Schools in England for a period of five years from 1st September 1992.
G I de Deney
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Destructive Imported Animals Act 1932 (Amendment) Regulations 1992 and shall come into force on 20th January 1993.
Amendment of the Destructive Imported Animals Act 1932
2
The provisions of section 11 of the Destructive Imported Animals Act 1932 (interpretation) shall become subsection (1) of that section and the following subsection shall be added after that subsection —
2
Any reference in this Act to importation into Great Britain does not include a reference to importation from a member State.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1992.
(L.S.)
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
One of Her Majesty’s Principal Secretaries of State
23rd December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) Regulations 1992 and shall come into force on 1st December 1992.
2
In these Regulations —
“ the Act ” means the Customs and Excise Management Act 1979 ;
“arrival stage” has the meaning assigned to it by Article 28 of the Principal Regulation ;
“assimilation threshold” has the meaning assigned to it by Article 28 of the Principal Regulation;
“authorised person” means any person acting under the authority of the Commis sioners;
“dispatch stage” has the meaning assigned to it by Article 28 of the Principal Regulation;
“document” includes in addition to a document in writing —
any photograph;
any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
any film, negative, tape or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
“film” includes a microfilm;
“goods” has the meaning assigned to it by Article 2 of the Principal Regulation;
“Intrastat system” has the meaning assigned to it by Article 6 of the Principal Regulation;
“Member State” has the meaning assigned to it by Article 2 of the Principal Regulation;
“periodic declaration” means the declaration referred to in Article 13 of the Principal Regulation or the periodic tax declaration referred to in Article 28(4) of the Principal Regulation;
“Principal Regulation” means Council Regulation ( EEC ) No. 3330/91 ;
“reference period” means the period specified in Article 20(7) of the Principal Regulation;
“register of intra-Community operators” means the register compiled by the Commissioners in accordance with Article 10 of the Principal Regulation;
“supplementary declaration” means the periodic declaration which a person on the register of intra-Community operators is required to submit to the Commissioners apart from any periodic declaration which is also a “return” for the purposes of regulation 58 of the Value Added Tax (General) Regulations 1985 ;
“threshold Regulation” means Commission Regulation (EEC) No. 2256/92 .
3
In these Regulations, unless defined above, words and expressions shall have the meanings assigned to them by section 1 of the Act.
Application of Intrastat System
2
1
The Intrastat system shall be under the care and management of the Commissioners.
2
The Commissioners shall be the competent national department to whom periodic declarations shall be sent in accordance with Article 13 of the Principal Regulation.
Supplementary Declarations
3
1
For the purposes of the application of Article 9 of the Threshold Regulation —
a
the assimilation threshold at the arrival stage shall be £135,000; and
b
the assimilation threshold at the dispatch stage shall be £135,000.
2
Any supplementary declaration shall be furnished —
a
at such place as the Commissioners shall direct; and
b
subject to paragraph (3) below, no later than the tenth day following the end of the reference period to which it relates.
3
For the purpose of calculating the period following the end of the reference period mentioned in paragraph (2) above no account shall be taken of any day upon which the place designated by the Commissioners for receipt of supplementary declarations is not open to the public for business.
4
1
Subject to paragraph (4) below, unless a supplementary declaration is made in a form prescribed for the purpose in accordance with Article 12(1) of the Principal Regulation it shall be made in the form set out in the Schedule to these Regulations as is appropriate in the circumstances of the case.
2
Supplementary declarations may be furnished to the place specified by the Commissioners in accordance with paragraph (3) of regulation 3 above by post or in person when that place is open to the public for business.
3
Supplementary declarations sent by post shall not be presumed to have been furnished without proof of posting.
4
The Commissioners may —
a
on the application of a person who is mentioned in the register of intra-Community operators; or
b
without application in such circumstances as they may direct,
permit, subject to such conditions as they deem necessary or expedient, any person to furnish supplementary declarations by electronic means.
5
The Commissioners may at any time for reasonable cause revoke or vary any permission given under paragraph (4) above.
Duty to keep and retain records
5
1
Every person who is mentioned in the register of intra-Community operators, shall —
a
keep a copy of every periodic declaration he makes or which is made on his behalf;
b
keep copies of all documents which he or anyone acting on his behalf used for the purpose of compiling his periodic declarations;
c
produce or cause to be produced periodic declarations and documents mentioned in paragraphs (a) and (b) above when required to do so by an authorised person;
d
permit an authorised person exercising the powers mentioned in paragraph (c) above to make copies or extracts of those periodic declarations and documents or to remove them for a reasonable period.
2
The Commissioners may require periodic declarations and documents mentioned in paragraph (1) above to be preserved for such period not exceeding six years as they may require.
3
For the purpose of exercising any powers granted by this regulation an authorised person may at any reasonable time enter premises used in connection with the carrying on of a business by a person mentioned in the register of intra-Community operators or another person compiling periodic declarations on his behalf.
Offences and evidence
6
1
If any person required to furnish a supplementary declaration in accordance with the Intrastat system fails to do so he shall be liable on summary conviction to a penalty not exceeding level 4 on the standard scale .
2
Any failure to furnish a supplementary declaration includes a failure to furnish such supplementary declaration in the form and manner required by these Regulations, or the Principal Regulation.
3
Subject to paragraph (4) below, for the purpose of the rules against charging more than one offence in the same information —
a
failure to furnish one or more supplementary declarations of trade in goods dispatched to other Member States for any given reference period shall constitute one offence; and
b
failure to furnish one or more supplementary declarations of trade in goods received from other Member States for any given reference period shall constitute one offence.
4
If the failure in respect of which a person is convicted under paragraph (1) above is continued after the conviction he shall be guilty of a further offence and may on summary conviction thereof be punished accordingly.
5
If, following a request made by the Commissioners in accordance with Article 9(2) of the Principal Regulation, any person is required to provide information and fails to do so in accordance with the conditions set out in the request for such information he shall be liable on summary conviction to a penalty not exceeding level 4 on the standard scale.
6
If the failure in respect of which a person is convicted under paragraph (5) above is continued after the conviction he shall be guilty of a further offence and may on summary conviction thereof be punished accordingly.
7
In any proceedings for an offence mentioned in this regulation it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself, any person under his control or any person to whom he transferred the task of providing information in accordance with Article 9(1) of the Principal Regulation.
7
1
In any legal proceedings, whether civil or criminal, where any question arises concerning a document furnished or created for the purposes of the Intrastat system this regulation shall apply.
2
Where any document does not consist of legible visual images its form and content may be proved in any proceedings by production of a copy of the information in the form of legible visual images.
8
1
A certificate of the Commissioners —
a
that a person was or was not a party responsible for providing information in accordance with the Intrastat system;
b
that a person was or was not mentioned in the register of intra-Community operators;
c
that any information required for purposes connected with the Intrastat system has not been given or had not been given at any date;
d
that a copy produced in accordance with paragraph (2) of regulation 7 above is, both as to form and content, identical to that received by electronic means in accordance with paragraph (4) of regulation 4 above
shall be sufficient evidence of that fact until the contrary is proved.
2
A photograph of any document furnished to the Commissioners for the purposes of these Regulations and certified by them to be such a photograph shall be admissible in any proceedings, whether civil or criminal, to the same extent as the document itself.
3
Any document purporting to be a certificate under paragraph (1) or (2) above shall be deemed to be such a certificate until the contrary is proved.
Access to recorded information
9
1
Where, on an application by an authorised person, a justice of the peace or, in Scotland, a justice (within the meaning of section 462 of the Criminal Procedure (Scotland) Act 1975 ) is satisfied that there are reasonable grounds for believing —
a
that an offence in connection with the Intrastat system is being, has been or is about to be committed, and
b
that any recorded information (including any document of any nature whatsoever) which may be required as evidence for the purpose of any proceedings in respect of such an offence is in the possession of any person,
he may make an order in accordance with this regulation.
2
An order made in accordance with this regulation is an order that the person who appears to the justice to be in possession of the recorded information to which the application relates shall —
a
give an authorised person access to it, and
b
permit an authorised person to remove and take away any of it which he reasonably considers necessary,
not later than the end of the period of seven days beginning on the date of the order or the end of such longer period as the order may specify.
3
The reference in sub-paragraph (2)(a) above to giving an authorised person access to the recorded information to which the application relates includes a reference to permitting the authorised person to take copies of it or to make extracts from it.
4
Where the recorded information consists of information contained in a computer, an order made in accordance with this regulation shall have effect as an order to produce and, if the authorised person wishes to remove it, in a form in which it can be removed.
10
1
An authorised person who removes anything in the exercise of a power conferred by or under regulation 9 above shall, if so requested by a person showing himself —
a
to be the occupier of premises from which it was removed, or
b
to have had custody or control of it immediately before the removal,
provide that person with a record of what he removed.
2
The authorised person shall provide the record within a reasonable time from the making of the request for it.
3
Subject to paragraph (7) below, if a request for permission to be granted access to anything which —
a
has been removed by an authorised person, and
b
is retained by the Commissioners for the purpose of investigating an offence,
is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of an authorised person.
4
Subject to paragraph (7) below, if a request for a photograph or copy of any such thing is made to the officer in overall charge of the investigation by a person who had custody or control of the thing immediately before it was so removed, or by someone acting on behalf of such a person, the officer shall —
a
allow the person who made the request access to it under the supervision of an authorised person for the purpose of photographing it or copying it; or
b
photograph or copy it, or cause it to be photographed or copied.
5
Where anything is photographed or copied under sub-paragraph (4)(b) above the photograph or copy shall be supplied to the person who made the request.
6
The photograph or copy shall be supplied within a reasonable time from the making of the request.
7
There is no duty under this regulation to grant access to, or to supply a photograph or copy of, anything if the officer in overall charge of the investigation for the purposes of which it was removed has reasonable grounds for believing that to do so would prejudice —
a
that investigation;
b
the investigation of an offence other than the offence for the purposes of the investigation of which the thing was removed; or
c
any criminal proceedings which may be brought as a result of —
i
the investigation of which he is in charge, or
ii
any such investigation as is mentioned in sub-paragraph (b)
above.
8
Any reference in this regulation to the officer in overall charge of the investigation is a reference to the person whose name and address are endorsed on the order concerned as being the officer so in charge.
11
1
Where, on an application made as mentioned in paragraph (2) below, the appropriate judicial authority is satisfied that a person has failed to comply with a requirement imposed by regulation 10 above, the authority may order that person to comply with the requirement within such time and in such manner as may be specified in the order.
2
An application under paragraph (1) above shall be made
a
in the case of a failure to comply with any of the requirements imposed by paragraphs (1) and (2) of regulation 10 above, by the occupier of the premises from which the thing in question was removed or by the person who had custody or control of it immediately before it was so removed, and
b
in any other case, by the person who has such custody or control.
3
In this regulation “the appropriate judicial authority” means —
a
in England and Wales, a magistrates' court;
b
in Scotland, the sheriff; and
c
in Northern Ireland, a court of summary jurisdiction, as defined in Article 2(2)(a) of the Magistrates' Court (Northern Ireland) Order 1981 .
4
In England and Wales and Northern Ireland, an application for an order under this regulation shall be made by way of complaint; and sections 21 and 42(2) of the Interpretation Act (Northern Ireland) 1954 shall apply as if any reference in those provisions to any enactment included a reference to this regulation.
Supplementary
12
Where in connection with the operation of the Intrastat system a person is convicted of an offence contrary to section 167(1) or section 168(1) of the Act, section 167(2)(a) and section 168(2)(a) of the Act shall have effect as if, in each case, for the words “6 months” there were substituted the words “3 months”.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Devon Healthcare National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on16th July 1992.
2
In this Order:
“the Authority” means North Devon Health Authority;
“the Trust” means the Northern Devon 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 13th May 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th July 1992 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
18th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Inheritance Tax (Market Makers) Regulations 1992 and shall come into force on 6th January 1993.
Interpretation
2
In these Regulations “subsection (7)” and “subsection (4)” mean subsection (7) of section 105 and subsection (4) of section 234 respectively of the Inheritance Tax Act 1984 .
Application of Regulations
3
The day specified for the application of these Regulations in accordance with sections 106(6) and 107(6) of the Finance Act 1986 is 23rd March 1992.
Modifications of subsection (7) and subsection (4)
4
Subsection (7) and subsection (4) shall have effect as if —
a
the reference to The Stock Exchange in paragraph (a) of each of those subsections were a reference to either of The Stock Exchange and LIFFE (Administration and Management) (both being recognised investment exchanges within the meaning of the Financial Services Act 1986 ), and
b
the reference to the Council of The Stock Exchange in paragraph (b) of each of those subsections were a reference to the investment exchange concerned.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
11th December 1992


text:
1
These Regulations may be cited as the Immigration (Registration with Police) (Amendment) Regulations 1992 and shall come into force on 20th July 1992.
2
In Regulation 10(3) of the Immigration (Registration with Police) Regulations 1972 (which relates to the fee paid for the issue of registration certificates), for the figure “ £27.50” there shall be substituted the figure “£30”.
Home Office
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
24th June 1992


text:
Citation and commencement
1
These Regulations may be cited as the Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1992 and shall come into force on 1st June 1992.
Interpretation
2
–
1
In these Regulations, unless the context otherwise requires–
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974;
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“the 1984 Regulations ” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 ;
“the 1992 Regulations ” means the Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 ;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, forestry, the use of land as grazing land, meadow land, osier land or nursery grounds or for market gardening and the preparation of land for agricultural purposes;
“approved list” has the same meaning as in regulation 4 of the 1984 Regulations;
“carriage” means carriage arising out of or in connection with work and shall be construed in accordance with regulations 2(2)(a)(ii) and 3(3); and related words shall be construed accordingly
“carrying tank” means a tank which is referred to thus in the 1992 Regulations by virtue of the definition of “road tanker” contained in regulation 2(1) thereof;
“Class 1” has the same meaning as in regulation 2(1) of the 1983 Regulations;
“computer” means a computer system including its software;
“the consignor” of a dangerous substance shall be regarded as–
the person who, having a place of business in Great Britain, consigns (whether as principal or as agent for another) that dangerous substance for carriage; or
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of that dangerous substance;
“dangerous substance” (whether or not a preparation or other mixture) means–
any substance listed as dangerous for conveyance by road in column 1 of Part IA2 of the approved list, other than when the substance has been so diluted or treated that it no longer has any of the characteristic properties specified in column 1 of Part I of Schedule 2 to the 1984 Regulations;
any substance which falls within one of the groups of substances listed as dangerous for conveyance by road in column 1 of Part IB of the approved list, other than when the substance has been so diluted or treated that it no longer has any of the characteristic properties specified in column 1 of Part I of Schedule 2 to the 1984 Regulations;
any substance classified as a flammable gas, a toxic gas or an organic peroxide in accordance with regulation 6(4) of the 1984 Regulations;
any controlled waste (as defined by section 30 of the Control of Pollution Act 1974) ;consisting of or containing asbestos not falling within sub-paragraph (a) of this definition which is designated as “special waste” by regulation 2(1)(a)(i) of the Control of Pollution (Special Waste) Regulations 1980 ; or
any other substance which is classified as dangerous for conveyance in accordance with regulation 6(4) of the 1984 Regulations and possesses the properties relevant to the classification concerned which are specified in column 1 of Part I of the Schedule hereto;
“fire authority” has the same meaning as in section 38(1) of the Fire Services Act 1947 ;
“flammable gas” means a gas so classified in accordance with paragraph (2) or (4) of regulation 6 of the 1984 Regulations;
“flammable solid” means a solid so classified in accordance with paragraph (2) or (4) of regulation 6 of the 1984 Regulations;
“flash point” has the same meaning as in regulation 2(1) of the 1984 Regulations;
“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ;
“goods vehicle examiner” has the same meaning as in section 68(2) of the Road Traffic Act 1988 ;
“motor vehicle” has the same meaning as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 ;
“operator” shall be construed in accordance with regulation 4;
“organic peroxide” means a substance so classified in accordance with regulation 6(4) of the 1984 Regulations;
“receptacle” means–
a vessel (other than a carrying tank, tank container, freight container, transformer or capacitor); or
the innermost layer of packagings,
which is in contact with a dangerous substance and which is liable to be individually handled when the substance is used or disposed of;
“road” means–
as respects England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988; and
as respects Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road tanker” has the same meaning as in regulation 2(1) of the 1992 Regulations;
“semi-trailer” has the same maening as in the Table contained in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986;
“tank” has the same meaning as in regulation 2(1) of the 1992 Regulations;
“tank container” has the same meaning as in regulation 2(1) of the 1992 Regulations;
“toxic gas” means a gas so classified in accordance with paragraph (2) or (4) of regulation 6 of the 1984 Regulations;
“trailer” has the same meaning as in regulation 2(1) of the Road Traffic (Carriage of Explosives) Regulations 1989 .
For the purposes of these Regulations–
a combination of a motor vehicle and one or more trailers or semi-trailers shall be deemed to be a single vehicle for so long as the constituent parts of that combination remain attached; and–
dangerous substances contained in different parts of such a vehicle shall accordingly be considered to be contained in the same vehicle, and
without prejudice to the generality of regulation 3(3), a trailer or semi-trailer containing any dangerous substance shall not be considered to be engaged in any carriage to which these Regulations apply unless it forms part of such a combination;
any reference to the carriage of a dangerous substance in bulk shall (unless the context otherwise requires) include a reference to the unconfined carriage of that substance in a freight container, but shall exclude a reference to the carriage of that substance–
in a receptacle (whether or not the receptacle is carried in a freight container),
in a road tanker,
in a tank container, or
in a transformer or capacitor; and
a vehicle will be deemed to be registered in the United Kingdom where the relevant motor vehicle is registered under the Vehicles (Excise) Act 1971 or any enactment repealed thereby.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears;
c
the “packing group” of a dangerous substance shall be construed–
i
in the case of a dangerous substance listed as dangerous for conveyance by road in column 1 of Part IA2 of the approved list or which falls within one of the groups of substances listed as dangerous for conveyance by road in column 1 of Part IB of the approved list, as a reference to the packing group (if any) which is specified in the corresponding entry in cloumn 7 of the Part in which it is listed or grouped as aforesaid,
ii
in the case of a dangerous substance not listed or grouped as aforesaid but which is classified as dangerous for conveyance in accordance with regulation 6(4) of the 1984 Regulations and possesses the properties relevant to the classification concerned (which classification is that neither of a toxic nor a harmful substance) which are specified in column 1 of Part I of the Schedule hereto, as a reference to the packing group listed in column 2 of that Part which corresponds with the properties thus specified, or
iii
in the case of a dangerous substance not listed or grouped as aforesaid but which is classified as dangerous for conveyance in accordance with regulation 6(4) of the 1984 Regulations and possesses the properties relevant to the classification concerned (which classification is that of a toxic or a harmful substance) which are specified in column 1 of Part I of the Schedule hereto, as a reference to the relevant packing group referred to in the properties thus specified; and
d
the colour orange shall be construed as a reference to a shade of orange which, so far as is practicable, matches the clour No. 557 Light Orange identified in Table 1 to the British Standard BS 381C: 1988.
Application of these Regulations
3
–
1
Subject to paragraph (2)–
a
regulation 15(2) shall apply to the carriage on a vehicle–
i
(in a receptacle with a capacity of less than 5 litres) of any dangerous substance such as is specified in sub-paragraph (c)(iv) to (vi) of this paragraph, or
ii
(in a receptacle with a capacity of less than 200 litres) of any dangerous substance such as is specified in sub-paragraph (c)(vii) of this paragraph;
b
regulation 16 shall apply to the carriage in or, as the case may be, on a vehicle of any dangerous substance such as is specified in paragraph (1) thereof in bulk or in a receptacle (regardless of the capacity of that receptacle); and
c
the remainder of these Regulations shall apply to or, where appropriate, in relation to the carriage on or, as the case may be, on a vehicle–
i
of any dangerous substance in bulk,
ii
(in a receptacle, regardless of its capacity) of any organic peroxide which is subject to regulation 11(2),
iii
(in a receptacle, regardless of its capacity) of any flammable solid which is subject to regulation 11(3),
iv
(in a receptacle with a capacity of 5 litres or more) of any organic peroxide (other than one which is subject to regulation 11(2)), any flammable or toxic gas or any other dangerous substance being with packing group I,
v
(in a receptacle with a capacity of 5 litres or more) of any asbestos falling within sub-paragraph (a) of the definition of “dangerous substance” in regulation 2(1) or any substance such as is specified in sub-paragraph (d) of that definition,
vi
(in a receptacle with a capacity of 5 litres or more) of any dangerous substance both listed in column 1 of the approved list as “hazardous waste” and designated as “special waste” by regulation 2(1)(a)(i) of the Control of Pollution (Special Waste) Regulations 1980,
vii
(in a receptacle with a capacity of 200 litres or more) of any dangerous substance not specified in heads (ii) to (vi) of this sub-paragraph, or
viii
(in a transformer or capacitor, regardless of its capacity) of any dangerous substance not specified in heads (ii) to (v) of this sub-paragraph.
2
These Regulations shall not apply to the carriage of a dangerous substance–
a
in so far as the dangerous substance being carried is being used solely in connection with the operation of a vehicle;
b
where the dangerous substance being carried is a radioactive substance within the meaning of regulation 2(1) of the Ionising Radiations Regulations 1985 ;
c
where the dangerous substance being carried has been classified (as defined by regulation 2(1) of the 1983 Regulations) in pursuance of regulation 3(2)(a) of those Regulations and assigned to Class 1;
d
(other than for the purposes of regulations 7 and 8) where–
i
the vehicle which is being used for the carriage of the dangerous substance is engaged in an international transport operation within the meaning of the Convention concerning International Carriage by Rail , as revised or re-issued from time to time, and
ii
such carriage conforms in every respect with the provisions of the Regulations concerning the International Carriage of Dangerous Goods by Rail which are specified in Annex I to the Uniform Rules concerning the Contract for International Carriage of Goods by Rail, which Rules form Appendix B to the above Convention;
e
where–
i
the vehicle which is being used for the carriage of the dangerous substance is engaged in international transport within the meaning of article 1(c) of the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957, as revised or re-issued from time to time (“ ADR ”), and
ii
such carriage conforms in every respect with the provisions of ADR;
f
where the transport of the dangerous substance concerned is subject to a special bilateral or multilateral agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to the agreement;
g
where the vehicle which is being used for the carriage of the dangerous substance is not, for the time being, subject to the provisions of ADR by reason only that it is a vehicle belonging to or under the orders of the armed forces of a country which is a signatory to ADR;
h
where the vehicle which is being used for the carriage of the dangerous substance is delivering that substance–
i
between private premises and another vehicle situated in the immediate vicinity of those premises, or
ii
between one part of private premises and another part of those premises situated in the immediate vicinity of that first part;
i
where the vehicle which is being used for the carriage of the dangerous substance is passing from one part of an agricultural unit to another part of that unit and the dangerous substance is diluted ready for use or is otherwise in a condition ready for use; and in this head “agricultural unit” means a self-contained parcel of land which is occupied (whether or not by a single occupier) for agriculture;
j
where the dangerous substance being carried is specified in sub-paragraphs (c) to (i) of regulation 3(1) of the 1984 Regulations;
k
where the dangerous substance being carried is commercial butane, commercial propane or any mixture thereof in a cylinder and–
i
the vehicle concerned has been designed for a purpose which includes the use of any such substance and the substance concerned is being carried in connection with the operation of the vehicle, or
ii
the cylinder is part of equipment carried on the vehicle concerned,
provided that the number of cylinders carried thus (including any spare cylinders) does not exceed two;
l
(for the purposes of regulations 7, 10(1) and 12 only)–
i
where one or more dangerous substances which are listed in column 1 of Part IA2 of the approved list under the name “ammonium nitrate fertiliser” are being carried in or on a vehicle from one piece of land occupied by a single occupier for the purpose of agriculture to another piece of land occupied by that occupier alone for the purpose of agriculture,
ii
where–
aa
the vehicle carrying the ammonium nitrate fertiliser as aforesaid is exempted from excise duty under section 7(1) of the Vehicles (Excise) Act 1971 (“the 1971 Act ”) or is liable to excise duty as a “special machine” in accordance with section 1 of and Schedule 3 to the 1971 Act, and
bb
(in either case) the address specified in the vehicle registration document for the vehicle is that of the occupier of the pieces of land between which it is carrying the ammonium nitrate fertiliser as aforesaid and that address is within 12 kilometres of either of those pieces of land,
iii
where the total mass of the ammonium nitrate fertilisers being carried as aforesaid does not exceed 10 tonnes,
iv
where–
aa
the vehicle carrying the ammonium nitrate fertiliser as aforesaid displays a single rectangular reflectorised orange-coloured plate of 400 millimetres base and 300 millimetres high which has a black border not more than 15 millimetres wide, is affixed to the rear of the vehicle in a substantially vertical plane and is clean, clearly visible and free from obstruction (except that the plate need not be clearly visible or free from obstruction when the vehicle is being loaded or unloaded), or
bb
(when the ammonium nitrate fertiliser is being carried as aforesaid in receptacles only) those receptacles are labelled in accordance with regulation 13 of the 1984 Regulations and those labels are clearly visible from outside the vehicle carrying them, and
v
where the driver of the vehicle carrying the ammonium nitrate fertiliser as aforesaid has in his possession (or there is otherwise available on the vehicle) adequate written information about the nature of the hazards created by the particular ammonium nitrate fertiliser being carried and the action to be taken in an emergency concerning it.
3
For the purposes of these Regulations, a vehicle shall be deemed to be engaged in the carriage of a dangerous substance throughout the period–
a
in the case of a vehicle carrying a dangerous substance in bulk other than in a freight container, from the commencement of loading the relevant vehicle with the dangerous substance concerned for the purpose of carrying that substance on a road until the vehicle has been unloaded (and where necessary cleaned or purged) so that any of the substance or its vapour which remains in the vehicle is not sufficient to create a risk to the health or safety of any person; or
b
in the case of a vehicle carrying a dangerous substance in a freight container, receptacle, transformer or capacitor–
i
(if the relevant freight container, receptacle, transformer or capacitor has been loaded with the dangerous substance concerned before being placed on the vehicle) from the time when the freight container, receptacle, transformer or capacitor is placed on the vehicle for the purpose of carrying the dangerous substance on a road, or
ii
(if the relevant freight container, receptacle, transformer or capacitor has been placed on the vehicle before the commencement of loading) from the commencement of loading the freight container, receptacle, transformer or capacitor with the dangerous substance concerned for the purpose of carrying it by road,
until either–
aa
the freight container, receptacle, transformer or capacitor is removed from the vehicle, or
bb
the freight container, receptacle, transformer or capacitor (and, where necessary, the vehicle carrying same) have been emptied (and where necessary cleaned or purged) so that any of the substance or its vapour which remains therein is not sufficient to create a risk to the health or safety of any person;
and, in either case, where or not the vehicle is on a road at the material time.
Meaning of operator
4
–
1
For the purposes of these Regulations, the operator of a vehicle shall be–
a
the person who holds an operator’s licence (granted under Part V of the Transport Act 1968 for the use of that vehicle for the carriage of goods on a road; except that where by virtue of regulation 32(1) to (3) of the Goods Vehicles (Operators' Licences, Qualifications and Fees) Regulations 1984 . the vehicle is included in a licence held by a holding company and that company is not operating the vehicle at the relevant time, the “operator” shall be the subsidiary company specified in the application made under the said regulation 32(1) or, if more than one subsidiary company is so specified, whichever one is operating the vehicle at the relevant time, and in this sub-paragraph “holding company” and “subsidiary company” have the same meanings as in the said Regulations of 1984; or
b
where no such licence is held–
i
(in the case of a vehicle which is not registered in the United Kingdom) the driver of the vehicle, or
ii
(in the case of any other vehicle, but subject to paragraph (2)) the keeper of the vehicle; and, for this purpose, where the vehicle is on hire or lease to any person, that person shall be treated as its keeper.
2
Where an employee who would otherwise be the operator of a vehicle in accordance with sub-paragraph (b)(ii) of paragraph (1) uses that vehicle for the carriage of any dangerous substance on behalf of his employer, that employer shall (notwithstanding that sub-paragraph) be regarded as the operator of the vehicle for the purposes of these Regulations.
Construction of vehicles and freight containers
5
The operator of any vehicle which is being used for the carriage of a dangerous substance shall ensure that–
a
that vehicle and (in the case where the dangerous substance is contained in a freight container which is carried on the vehicle) that freight container–
i
are properly designed, of adequate strength, of good construction from sound and suitable materials and adequately maintained,
ii
are suitable for the purpose for which they are being used, having regard to–
aa
the nature and circumstances of the journey being undertaken, and
bb
the characteristic properties and quantity of both the dangerous substance and any other substance being carried; and
b
(in the case where the dangerous substance is being carried in bulk) any parts of the vehicle or freight container containing the substance, and any fittings attached thereto, which are likely to come into contact with that substance are made of materials which are liable neither to be affected by the substance nor, in conjunction with it, to form any other substance which creates a hazard to the health or safety of any person.
Information relating to dangerous substances to be received by operators
6
–
1
The consignor of a dangerous substance shall ensure that the operator of the vehicle which is to carry it receives such information as will enable that operator–
a
to comply with his duties under these Regulations; and
b
to be aware of the hazards created by the substance to the health or safety of any person.
2
An operator shall not use a vehicle for the carriage of a dangerous substance unless he is in possession of the information referred to in paragraph (1).
3
The consignor shall ensure that the information referred to in paragraph (1) is–
a
so far as is reasonably practicable, provided in written form;
b
accurate; and
c
sufficient for the purposes specified in that paragraph.
4
The operator shall keep the information referred to in paragraph (1) for a period of at least two weeks after the completion of the relevant journey, either in written form or in a computer under his control.
5
Information may only be kept in a computer in accordance with paragraph (4) where the information concerned–
a
has been entered in the relevant computer by a competent person;
b
is capable of being reproduced in written form when required;
c
is secure from unauthorised interference; and
d
can be authenticated only by the person who entered it.
Information in writing about dangerous substances to be given to drivers
7
–
1
The operator of any vehicle which is being used for the carriage of a dangerous substance shall ensure that the driver of the vehicle has received adequate information in writing about–
a
the identity of the substance;
b
the quantity to be carried; and
c
the nature of the hazards created by the substance and the action to be taken in an emergency concerning it.
2
The driver of any vehicle which is being used for the carriage of a dangerous substance shall ensure that–
a
the information in writing relating to that substance received by him in accordance with paragraph (1) is (subject to paragraphs (4) and (5) and regulation 15(1)) both kept on the vehicle and readily available at all times while the substance is being carried; and
b
(subject to paragraph (3)) any information in writing in his possession received by him in accordance with paragraph (1) and which relates to any dangerous substance which is not being carried is destroyed, removed from the vehicle, or placed in a securely closed container clearly marked to show that the information does not relate to a dangerous substance which is being carried.
3
Nothing in paragraph (2)(b) shall require the destruction, removal or placing in a securely closed container of information in writing received by a driver in accordance with paragraph (1) which relates to any dangerous substance which is not being carried where that information in writing relates also to a dangerous substance which is being carried, and the nature of the hazards created by those dangerous substances is such that the action to be taken in an emergency concerning them is identical.
4
Notwithstanding paragraph (2)(a), where the tractor unit of any articulated vehicle which is being used for the carriage of a dangerous substance is detached from the trailer of that vehicle on a road or in premises, the driver of the vehicle shall attach the information in writing relating to that substance received by him in accordance with paragraph (1) to the trailer in a readily visible position or (in the case where the tractor unit is detached as aforesaid in premises) give that information to the occupier of the premises; and in such a case, the occupier shall ensure that said information is readily available at the premises.
5
Notwithstanding paragraph (2)(a), the driver of any vehicle which is being used for the carriage of a dangerous substance shall, when so requested by any police constable or any member of the fire or ambulance services in an emergency, produce the information in writing relating to that substance received by him in accordance with paragraph (1) to that constable or other person.
Instruction and training for drivers
8
–
1
Subject to paragraph (3), the operator of any vehicle which is being used for the carriage of a dangerous substance shall ensure that the driver of the vehicle has received adequate instruction and training to enable him to understand–
a
the nature of the hazards created by the substance being carried and the action to be taken in an emergency; and
b
his duties under these Regulations and sections 7 and 8 of the 1974 Act.
2
The operator of any vehicle which is being used–
a
for any carriage to which this regulation applies by virtue of regulation 3(1)(c)(i), (iv), (v), (vi), (vii) or (viii) in circumstances where the total mass of dangerous substances being carried is at least 3 tonnes; or
b
for any carriage to which this regulation applies by virtue of regulation 3(1)(c)(ii) or (iii),
shall keep a record of any training received by the driver of the vehicle pursuant to paragraph (1) whilst in his employment, and shall make a copy of that record available to the driver.
3
Nothing in paragraph (1) shall apply to the operator of any vehicle used for the carriage of a dangerous substance which–
a
is being towed or otherwise moved by a break-down or recovery vehicle, insofar as–
i
both vehicles are being escorted by a vehicle used for police or fire brigade purposes, and
ii
the vehicle being towed or otherwise moved as aforesaid is being driven to the nearest suitable safe place or depot with a view to it (or any receptacle or other vessel which it is carrying) being repaired, cleaned or purged prior to its safe removal;
b
is being towed or otherwise moved by a break-down or recovery vehicle, insofar as the driver of the break-down or recovery vehicle is accompanied by–
i
the driver of the vehicle which is being towed or otherwise moved as aforesaid, or
ii
some other person who has received–
aa
such training as is referred to in paragraph (1)(a), and
bb
adequate training to enable him to understand a driver’s duties under these Regulations and his own duties under sections 7 and 8 of the 1974 Act;
c
is being driven by a person undergoing training under the supervision of an instructor and the instructor has received–
i
such training as is referred to in paragraph (1)(a), and
ii
adequate training to enable him to understand a driver’s duties under these Regulations and his own duties under sections 7 and 8 of the 1974 Act;
d
is being driven for the purposes of testing the vehicle by a fitter, vehicle tester or other similar person, and that fitter, vehicle tester or other person–
i
has received–
aa
such instruction as is referred to in paragraph (1)(a), and
bb
adequate instruction to enable him to understand his duties under sections 7 and 8 of the 1974 Act, or
ii
is accompanied by a person who has received–
aa
such instruction as is referred to in paragraph (1)(a), and
bb
adequate instruction to enable him to understand his duties under sections 7 and 8 of the 1974 Act; or
e
is being driven by a police constable in an emergency, and that constable has received such instruction as is referred to in paragraph (1)(a).
4
In this regulation, “break-down vehicle” has the same meaning as in regulation 3(1) of the Goods Vehicles (Plating and Testing) Regulations 1988
Loading, stowage and unloading of dangerous substances
9
The operator of any vehicle which is being used for the carriage of a dangerous substance and every person engaged in that carriage shall take such steps as it is reasonable for them respectively to take to ensure that nothing in the manner in which the dangerous substance is loaded onto, stowed on or unloaded from the vehicle is liable to create a hazard to the health or safety of any person.
Precautions against fire or explosion
10
–
1
The operator of any vehicle which is being used for the carriage of a dangerous substance shall ensure that that vehicle also carries adequate fire-fighting equipment.
2
Every driver of, and every person repairing, maintaining, examining, inspecting, loading, unloading or otherwise dealing with, a vehicle which is being used for the carriage of a dangerous substance shall observe all the precautions necessary for preventing fire or explosion.
Limitation on the carriage of certain dangerous substances
11
–
1
The operator of any vehicle which is being used for the carriage of a dangerous substance in respect of which a maximum concentration or other condition is specified in column 1 of the approved list shall ensure that during the whole of the carriage that concentration is not exceeded or, as the case may be, that condition is satisfied.
2
Subject to paragraph (4), the operator and driver of any vehicle which is being used for the carriage of an organic peroxide which has a self-accelerating decomposition temperature of 50°C or below as packaged shall ensure that during the whole of the carriage the organic peroxide concerned is kept at a temperature which does not exceed its control temperature.
3
The operator and driver of any vehicle which is being used for the carriage of a flammable solid which has a self-accelerating decomposition temperature of 55°C or below as packaged shall ensure that during the whole of the carriage the flammable solid concerned is kept at a temperature which does not exceed its control temperature.
4
Nothing in paragraph (2) shall apply to any organic peroxide which has a self-accelerating decomposition temperature of greater than 45°C as packaged and which shows no effect or a negligible effect when heated under confinement.
5
For the purposes of paragraphs (2) to (4), the self-accelerating decomposition temperature of an organic peroxide or, as the case may be, of a flammable solid is the lowest temperature at which self-accelerating decomposition may occur in the package during carriage.
6
For the purposes of paragraphs (2) and (3), the control temperature of an organic peroxide or, as the case may be, of a flammable solid is (where its self-accelerating decomposition temperature is 20°C or less) 20°C less than that self-accelerating decomposition temperature; (where its self-accelerating decomposition temperature is greater than 20°C but less than or equal to 35°C) 15°C less than that self-accelerating decomposition temperature; and (where its self-accelerating decomposition temperature is greater than 35°C) 10°C less than that self-accelerating decomposition temperature.
Marking of vehicles carrying dangerous substances
12
1
The operator of any vehicle which is being used for the carriage of at least 500 kilograms of one or more dangerous substances shall ensure that the vehicle displays two rectangular reflectorised orange-coloured plates of 400 millimetres base and 300 millimetres high in conformity with the conditions specified in paragraph (3).
2
Nothing in paragraph (1) shall prevent the operator of any vehicle which is being used for the carriage of less than 500 kilograms of one or more dangerous substances from displaying on the vehicle the orange-coloured plates referred to in that paragraph; but where this occurs, the operator concerned shall ensure that the vehicle displays those plates in conformity with the conditions specified in paragraph (3).
3
The orange-coloured plates referred to in paragraph (1) shall–
a
have a black border not more than 15 millimetres wide;
b
be affixed one at the front and the other at the rear of the vehicle in a substantially vertical plane; and
c
be kept clean, clearly visible and free from obstruction (except that the rear plate need not be kept clearly visible and free from obstruction when the vehicle is being loaded or unloaded).
4
It shall be the duty of the driver of any vehicle being used for the carriage of a dangerous substance which is displaying the orange-coloured plates referred to in paragraph (1) to ensure that they are displayed in conformity with the conditions specified in sub-paragraphs (b) and (c) of paragraph (3).
5
When any vehicle displaying the orange-coloured plates referred to in paragraph (1) is emptied of all the dangerous substances being carried by it, the operator and driver of the vehicle shall ensure that those plates are completely covered or completely removed from the vehicle.
6
Paragraphs (1) to (5) shall not apply–
a
to the carriage of a dangerous substance to a port for carriage by sea, or from a port to which it has been carried by sea, if the vehicle or (in the case where the dangerous substance is contained in a freight container which is carried on the vehicle) the freight container is placarded in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organization as revised or re-issued from time to time;
b
where the vehicle is being used solely for the carriage of a dangerous substance from–
i
another road vehicle which has been damaged as the result of an accident on a road or has broken down on a road, or
ii
a rail vehicle which has been damaged or derailed or has broken down on a railway other than a siding on which it was loaded; or
c
where a trailer has been separated from the motor vehicle or trailer to which it was attached, except that (where the trailer thus separated is carrying at least 500 kilograms of one or more dangerous substances) the persons who were respectively regarded as the operator and driver of the combination of motor vehicle and trailer or trailers of which the separated trailer formed part shall ensure that–
i
a single reflectorised orange-coloured plate of 400 millimetres base and 300 millimetres high, and having a black border not more than 15 millimetres wide, is affixed to the rear of that trailer in a substantially vertical plane, and
ii
nothing is displayed on that trailer which would be likely to confuse the emergency services when read in conjunction with that plate.
7
Paragraphs (1) to (5) shall not apply to the carriage of a dangerous substance in a vehicle which is in the service of home forces (as defined by regulation 3(2) of the Road Vehicles Lighting Regulations 1989 (“the 1989 Regulations ”)) or of a visiting force (having the same meaning in this paragraph as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952 ) insofar as the vehicle concerned is being used–
a
in connection with training–
i
which has been certified in writing for the purposes of regulation 7(1)(a) of the 1989 Regulations by a person duly authorised in that behalf to be training on a special occasion, and
ii
of which not less than 48 hours' notice has been given by that person to–
aa
the chief officer of police of every police area, and
bb
(as respects England and Wales) the chief officer or (as respects Scotland) the firemaster of the fire brigade maintained by the fire authority for any area,
in which the place selected for training is wholly or partially situated; or
b
on manoeuvres within such limits and during such periods as may from time to time be specified by Order in Council under the Manoeuvres Act 1958 .
Prohibition on provision and display of orange-coloured plates and additional information
13
–
1
The operator and driver of any vehicle which is not being used for the carriage of a dangerous substance shall ensure that it does not at any time display the orange-coloured plates referred to in regulation 12(1).
2
The operator and driver of any vehicle which is displaying the orange-coloured plates referred to in regulation 12(1) shall ensure that nothing is displayed on that vehicle which would be likely to confuse the emergency services when read in conjunction with those plates.
Supervision of vehicles containing dangerous substances
14
The driver of any vehicle which is being used–
a
for any carriage to which this regulation applies by virtue of regulation 3(1)(c)(i), (iv), (v), (vi), (vii) or (viii) in circumstances where the total mass of dangerous substances being carried is at least 3 tonnes; or
b
for any carriage to which this regulation applies by virtue of regulation 3(1)(c)(ii) or (iii),
shall ensure that the vehicle is parked in a safe place when it is not being driven, except–
c
when supervised at all times by him or by a competent person over the age of 18 years; or
d
(in circumstances where no such competent person is present) when the vehicle has been damaged or has broken down on a road and the driver has left the vehicle to seek assistance.
Information to be produced to police constables and goods vehicle examiners
15
–
1
The driver of any vehicle which is being used for the carriage of a dangerous substance shall (notwithstanding regulation 7(2)(a)) produce on request to any police constable or goods vehicle examiner the information in writing relating to that substance received by him in accordance with regulation 7(1).
2
The driver of any vehicle which is being used for the carriage of a dangerous substance shall produce on request to any police constable or goods vehicle examiner–
a
any information in his possession which will enable that constable or examiner to know the identity and quantity of the dangerous substance being carried; and
b
any information which, pursuant to regulation 3(2)(1)(v), is in his possession or otherwise available on the vehicle.
Restrictions on the carriage of toxic or harmful substances in the same vehicle as food
16
–
1
The operator and driver of any vehicle which is being used for the carriage of a toxic or a harmful substance shall ensure that no food is carried in that vehicle unless the food is carried in a part of the vehicle effectively separated from that containing the substance or is otherwise adequately protected from the risk of contamination.
2
In this regulation–
a
“food” means food within the meaning of section 1(1) and (2) of the Food Safety Act 1990 ;
b
“toxic substance” means a substance so classified in accordance with paragraph (2) or (4) of regulation 6 of the 1984 Regulations; and
c
“harmful substance” means a substance so classified in accordance with paragraph (2) or (4) of regulation 6 of the 1984 Regulations.
Defence in proceedings for contravening these Regulations
17
In any proceedings for an offence consisting of a contravention of these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Exemption certificates
18
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons or any dangerous substance or class of dangerous substances from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstance 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.
Revocations
19
The Road Traffic (Carriage of Dangerous Substances in Packages etc.) Regulations 1986 and the Road Traffic (Carriage of Dangerous Substances in Packages etc.) (Amendment) Regulations 1989 are hereby revoked.
Signed by Authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
12th March 1992


text:
Citation and commencement
1
1
This Order may be cited as the Stafford and Staffordshire Moorlands (District Boundaries) Order 1992.
2
This Order shall come into force on 25th August 1992 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1993.
Interpretation
2
In this Order —
any reference to an electoral division is a reference to an electoral division of the county of Staffordshire;
“the map ” means the map prepared by the Department of the Environment, marked “Map of the Stafford and Staffordshire Moorlands (District Boundaries) Order 1992 ”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Stafford ” means the borough of Stafford; and
“Staffordshire Moorlands ” means the district of that name.
Transfers between Stafford (Fulford) and Staffordshire Moorlands (Forsbrook)
3
1
The area marked B on the map shall be transferred from Stafford, and from the parish of Fulford to —
a
Staffordshire Moorlands;
b
the parish of Forsbrook;
c
the Forsbrook district ward, and the Caverswall electoral division; and to
d
the Staffordshire Moorlands petty sessional division.
2
The areas marked A and C on the map shall be transferred from Staffordshire Moorlands, and from the parish of Forsbrook to —
a
Stafford;
b
the parish of Fulford, and the Blythe Bridge parish ward:
c
the Fulford borough ward, and the Stone Rural electoral division; and to
d
the Mid Staffordshire petty sessional division.
Town and country planning
4
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
27th July 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Management of Health and Safety at Work Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations —
“the assessment” means, in the case of an employer, the assessment made by him in accordance with regulation 3(1) and changed by him where necessary in accordance with regulation 3(3); and, in the case of a self-employed person, the assessment made by him in accordance with regulation 3(2) and changed by him where necessary in accordance with regulation 3(3);
“employment business” means a business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) which supplies persons (other than seafarers) who are employed in it to work for and under the control of other persons in any capacity;
“fixed-term contract of employment” means a contract of employment for a specific term which is fixed in advance or which can be ascertained in advance by reference to some relevant circumstance; and
“the preventive and protective measures” means the measures which have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
3
Any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered; or
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Disapplication of these Regulations
2
These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.
Risk assessment
3
1
Every employer shall make a suitable and sufficient assessment of —
a
the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
b
the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
2
Every self-employed person shall make a suitable and sufficient assessment of —
a
the risks to his own health and safety to which he is exposed whilst he is at work; and
b
the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
3
Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if —
a
there is reason to suspect that it is no longer valid; or
b
there has been a significant change in the matters to which it relates;
and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.
4
Where the employer employs five or more employees, he shall record —
a
the significant findings of the assessment; and
b
any group of his employees identified by it as being especially at risk.
Health and safety arrangements
4
1
Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
2
Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).
Health surveillance
5
Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.
Health and safety assistance
6
1
Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
2
Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.
3
The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.
4
The employer shall ensure that —
a
any person appointed by him in accordance with paragraph (1) who is not in his employment —
i
is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and
ii
has access to the information referred to in regulation 8; and
b
any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is —
i
employed by him under a fixed-term contract of employment, or
ii
employed in an employment business,
as is necessary to enable that person properly to carry out the function specified in that paragraph.
5
A person shall be regarded as competent for the purposes of paragraph (1) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in that paragraph.
6
Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.
7
Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities —
a
properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and
b
properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.
Procedures for serious and imminent danger and for danger areas
7
1
Every employer shall —
a
establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking;
b
nominate a sufficient number of competent persons to implement those procedures insofar as they relate to the evacuation from premises of persons at work in his undertaking; and
c
ensure that none of his employees has access to any area occupied by him to which it is necessary to restrict access on grounds of health and safety unless the employee concerned has received adequate health and safety instruction.
2
Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph shall —
a
so far as is practicable, require any persons at work who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
b
enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
c
save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
3
A person shall be regarded as competent for the purposes of paragraph (1)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that sub-paragraph.
Information for employees
8
Every employer shall provide his employees with comprehensible and relevant information on —
a
the risks to their health and safety identified by the assessment;
b
the preventive and protective measures;
c
the procedures referred to in regulation 7(1)(a);
d
the identity of those persons nominated by him in accordance with regulation 7(1)(b); and
e
the risks notified to him in accordance with regulation 9(1)(c).
Co-operation and co-ordination
9
1
Where two or more employers share a workplace (whether on a temporary or a permanent basis) each such employer shall —
a
co-operate with the other employers concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions;
b
(taking into account the nature of his activities) take all reasonable steps to co- ordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions with the measures the other employers concerned are taking to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions; and
c
take all reasonable steps to inform the other employers concerned of the risks to their employees' health and safety arising out of or in connection with the conduct by him of his undertaking.
2
Paragraph (1) shall apply to employers sharing a workplace with self-employed persons and to self-employed persons sharing a workplace with other self-employed persons as it applies to employers sharing a workplace with other employers; and the references in that paragraph to employers and the reference in the said paragraph to their employees shall be construed accordingly.
Persons working in host employers' or self-employed persons' undertakings
10
1
Every employer and every self-employed person shall ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with comprehensible information on —
a
the risks to those employees' health and safety arising out of or in connection with the conduct by that first-mentioned employer or by that self-employed person of his undertaking; and
b
the measures taken by that first-mentioned employer or by that self-employed person in compliance with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions insofar as the said requirements and prohibitions relate to those employees.
2
Paragraph (1) shall apply to a self-employed person who is working in the undertaking of an employer or a self-employed person as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person and the references in the said paragraph to employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person shall be construed accordingly.
3
Every employer shall ensure that any person working in his undertaking who is not his employee and every self-employed person (not being an employer) shall ensure that any person working in his undertaking is provided with appropriate instructions and comprehensible information regarding any risks to that person’s health and safety which arise out of the conduct by that employer or self-employed person of his undertaking.
4
Every employer shall —
a
ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with sufficient information to enable that second-mentioned employer to identify any person nominated by that first- mentioned employer in accordance with regulation 7(1)(b) to implement evacuation procedures as far as those employees are concerned; and
b
take all reasonable steps to ensure that any employees from an outside undertaking who are working in his undertaking receive sufficient information to enable them to identify any person nominated by him in accordance with regulation 7(1)(b) to implement evacuation procedures as far as they are concerned.
5
Paragraph (4) shall apply to a self-employed person who is working in an employer’s undertaking as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in an employer’s undertaking and the references in the said paragraph to employees from an outside undertaking who are working in an employer’s undertaking shall be construed accordingly.
Capabilities and training
11
1
Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.
2
Every employer shall ensure that his employees are provided with adequate health and safety training —
a
on their being recruited into the employer’s undertaking; and
b
on their being exposed to new or increased risks because of —
i
their being transferred or given a change of responsibilities within the employer’s undertaking,
ii
the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,
iii
the introduction of new technology into the employer’s undertaking, or
iv
the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.
3
The training referred to in paragraph (2) shall —
a
be repeated periodically where appropriate;
b
be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and
c
take place during working hours.
Employees' duties
12
1
Every employee shall use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to him by his employer in accordance both with any training in the use of the equipment concerned which has been received by him and the instructions respecting that use which have been provided to him by the said employer in compliance with the requirements and prohibitions imposed upon that employer by or under the relevant statutory provisions.
2
Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees —
a
of any work situation which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and
b
of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for health and safety,
insofar as that situation or matter either affects the health and safety of that first- mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this paragraph.
Temporary workers
13
1
Every employer shall provide any person whom he has employed under a fixed-term contract of employment with comprehensible information on —
a
any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
b
any health surveillance required to be provided to that employee by or under any of the relevant statutory provisions,
and shall provide the said information before the employee concerned commences his duties.
2
Every employer and every self-employed person shall provide any person employed in an employment business who is to carry out work in his undertaking with comprehensible information on —
a
any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
b
any health surveillance required to be provided to that employee by or under any of the relevant statutory provisions.
3
Every employer and every self-employed person shall ensure that every person carrying on an employment business whose employees are to carry out work in his undertaking is provided with comprehensible information on —
a
any special occupational qualifications or skills required to be held by those employees if they are to carry out their work safely; and
b
the specific features of the jobs to be filled by those employees (insofar as those features are likely to affect their health and safety);
and the person carrying on the employment business concerned shall ensure that the information so provided is given to the said employees.
Exemption certificates
14
1
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
any of the home forces, any visiting force or any headquarters from those requirements of these Regulations which impose obligations on employers; or
b
any member of the home forces, any member of a visiting force or any member of a headquarters from the requirements imposed by regulation 12;
and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
2
In this regulation —
a
“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ;
b
“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 ;
c
“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964 ; and
d
“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.
Exclusion of civil liability
15
Breach of a duty imposed by these Regulations shall not confer a right of action in any civil proceedings.
Extension outside Great Britain
16
1
These Regulations shall, subject to regulation 2, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply within Great Britain.
2
For the purposes of Part I of the 1974 Act, the meaning of “at work” shall be extended so that an employee or a self-employed person shall be treated as being at work throughout the time that he is present at the premises to and in relation to which these Regulations apply by virtue of paragraph (1); and, in that connection, these Regulations shall have effect subject to the extension effected by this paragraph.
Modification of instrument
17
The Safety Representatives and Safety Committees Regulations 1977 shall be modified to the extent specified in the Schedule to these Regulations.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
26th August 1992


text:
Citation and commencement
1
This Order may be cited as the Social Security (Finland) Order 1992 and shall come into force on 31st December 1992.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and variation of the Principal Order
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified and the Principal Order shall be varied so as to give effect to the Principal Convention as amended by the Agreement set out in the Schedule to this Order, so far as the same relate to England, Wales and Scotland.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1992 and shall come into force at 20.00 hours on 12th June 1992.
2
In this Order “scallop” means Queen Scallops of the class of Chlamys Opercularis, “mussels” means Mytilus Edulis and “relevant time” means one minute past midnight on 12th June 1992.
Designated circumstances
2
In the opinion of the Secretary of State, scallops and mussels in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops or mussels in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops or mussels out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any scallops or mussels taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops or mussels which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops or mussels which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
E. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
12th June 1992