text:
Citation, commencement, extent, application and interpretation
1
1
These Regulations may be cited as the Special Waste Regulations 1996 and shall come into force on 1st September 1996.
2
These Regulations do not extend to Northern Ireland.
3
These Regulations do not apply in relation to any special waste in respect of which, in accordance with regulation 26 below, the Control of Pollution (Special Waste) Regulations 1980 continue to have effect.
4
In these Regulations, unless the context otherwise requires —
“the 1990 Act ” means the Environmental Protection Act 1990;
“the 1994 Regulations ” means the Waste Management Licensing Regulations 1994 ;
“Agency” means
in relation to places, premises and sites in England and Wales, the Environment Agency established by section 1 of the Environment Act 1995 ; and
in relation to places, premises and sites in Scotland, the Scottish Environment Protection Agency established by section 20 of that Act;
“the approved classification and labelling guide” means the document entitled “Approved guide to the classification and labelling of substances and preparations dangerous for supply (Second edition)” approved by the Health and Safety Commission on 18th October 1994 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ;
“the approved supply list” means the document entitled “Approved Supply List (2nd Edition) — Information approved for the classification and labelling of substances and preparations dangerous for supply” approved by the Health and Safety Commission on 18th October 1994 for the purposes of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994;
“carrier”, in relation to a consignment of special waste, means the person who collects that waste from the premises at which it is being held and transports it to another place;
“carrier’s round” in relation to consignments of special waste, means a journey made by a carrier during which he collects more than one consignment of special waste and transports all consignments collected to the same consignee who is specified in the consignment note;
“carrier’s schedule” means a schedule prepared in accordance with regulation 8;
“consignee”, in relation to a consignment of special waste, means the person to whom that waste is to be transported;
“consignment note”, in relation to a consignment of special waste, means a note in a form corresponding to the form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, and giving at any time the details required by these Regulations to be shown in respect of that consignment (including, where the consignment is one in a succession of consignments, any details required to be shown in respect of other consignments in the succession);
“consignor”, in relation to a consignment of special waste, means the person who causes that waste to be removed from the premises at which it is being held;
“controlled waste” has the same meaning as in Part II of the 1990 Act ;
“conveyance” includes a vehicle designed to carry goods by road or rail and a vessel designed to carry goods by water;
“harbour area” has the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987 ;
“the Hazardous Waste Directive ” means Council Directive 91/689/ EEC on hazardous waste, as amended by Council Directive 94/31/ EC ;
“household waste” has the same meaning as it has for the purposes of subsection (2) of section 33 (prohibition on unauthorised or harmful deposit, treatment or disposal etc. of waste) of the 1990 Act ;
“premises” includes any ship;
“relevant code”, in relation to a consignment note or carrier’s schedule, means the code assigned in accordance with regulation 4 to the consignment of special waste to which the consignment note or carrier’s schedule relates or, where the consignment is one in a carrier’s round, to the consignments in that round;
“risk phrase” means the risk phrase shown under Part III of the approved supply list;
“ship” means a vessel of any type whatsoever operating in the marine environment including submersible craft, floating craft and any structure which is a fixed or floating platform;
“special waste” has the meaning given by regulation 2 of these Regulations; and
“waste management licence” has the meaning given by section 35(1) of the 1990 Act .
Meaning of special waste
2
1
Subject to paragraphs (5) and (6), any controlled waste
a
to which a six-digit code is assigned in the list set out in Part I of Schedule 2 to these Regulations (which reproduces the list of hazardous waste annexed to Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of the Hazardous Waste Directive); and
b
which, subject to paragraph (3), displays any of the properties specified in Part II of that Schedule (which reproduces Annex III to the Hazardous Waste Directive),
is special waste.
2
Subject to paragraph (6), any other controlled waste which
a
displays the property H3A (first indent), or subject to paragraphs (3) and (5), H4, H5, H6, H7 or H8 specified in Part II of Schedule 2, or
b
is a medicinal product, as defined in section 130 of the Medicines Act 1968 (meaning of “medicinal product” etc.), of a description, or falling within a class, specified in an order under section 58 of that Act (medicinal products on prescription only),
is special waste.
3
For the purposes of paragraphs (1) and (2), waste displays a property mentioned in Part II of Schedule 2 as toxic, very toxic, harmful, corrosive, irritant or carcinogenic, if it is so classified or, being so classified, has a risk phrase assigned to it or is placed in a category by the approved classification and labelling guide, as the case may be —
i
in the case of a substance which is both listed in the approved supply list and present at or above the concentration limit applicable under Part V of that List, on the basis of that list; or
ii
in the case of any other substance, on the basis of the criteria laid down in the approved classification and labelling guide.
4
Except in the case of a substance listed in the approved supply list and present at or above the concentration limit applicable under Part V of that List, the test methods to be used, for the purposes of deciding which (if any) of the properties mentioned in Part II of Schedule 2 to these Regulations are to be assigned to a substance, are those described in Annex V to Council Directive 67/548/EEC , as amended .
5
Controlled waste which, apart from this paragraph, would be special waste is not special waste if it displays any of the properties H4 to H8 below the threshold shown as applicable to that property in Part III of Schedule 2 (which reproduces those thresholds set out in Article 1 of Council Decision 94/904/EC in so far as they are relevant).
6
Household waste is not special waste.
Certain radioactive waste to be special waste
3
Section 62 (special provision with respect to certain dangerous and intractable waste) of the 1990 Act shall have effect, without modification, so as to empower the Secretary of State to make provision for waste which would be controlled waste but for the fact that it is radioactive waste within the meaning of the Radioactive Substances Act 1993 ; and paragraphs (1) and (2) of regulation 2 shall apply to any such waste as if it were controlled waste.
Coding of consignments
4
1
An Agency shall assign or supply forthwith to any person, on request, for the purpose of assigning to a consignment of special waste or, where the consignment is one in a carrier’s round, to the consignments in that round, a code unique to that consignment or round, as the case may be.
2
A code assigned or supplied in accordance with paragraph (1) may consist of letters, numbers or symbols, or any combination of letters, numbers and symbols, or a bar code which enables the consignment or carrier’s round, as the case may be, to be identified electronically.
Consignment notes: standard procedure
5
1
Except in a case to which regulation 6, 8 or 9 applies, this regulation applies where a consignment of special waste is to be removed from the premises at which it is being held.
2
Before the consignment is removed —
a
five copies of the consignment note shall be prepared, and, on each copy, Parts A and B shall be completed and the relevant code entered;
b
the consignor shall ensure that one of those copies (on which Parts A and B have been completed and the relevant code entered) is furnished to the Agency for the place to which the consignment is to be transported;
c
the carrier shall complete Part C on each of the four remaining copies; and
d
the consignor —
i
shall complete Part D on each of those copies;
ii
shall retain one copy (on which Parts A to D have been completed and the relevant code entered); and
iii
shall give the three remaining copies (on which Parts A to D have been completed and the relevant code entered) to the carrier.
3
The carrier shall ensure that the copies which he has received —
a
travel with the consignment; and
b
are given to the consignee on delivery of the consignment.
4
Subject to regulation 10, on receiving the consignment the consignee shall —
a
complete Part E on the three copies of the consignment note given to him;
b
retain one copy;
c
give one copy to the carrier; and
d
forthwith furnish one copy to the Agency for the place to which the consignment has been transported.
5
The carrier shall retain the copy of the consignment note given to him by the consignee.
Consignment notes: cases in which pre-notification is not required
6
1
For the purposes of regulation 7, except in a case to which regulation 8 applies, this regulation applies —
a
subject to paragraph (2)(a), to the removal, from the premises at which it is being held, of each of the second and any subsequent consignment of special waste in a succession of consignments of special waste,
b
subject to paragraph (2)(b), to the removal as a consignment of special waste of a product or material for the purposes of the return by the person to whom the product or material had been supplied to the person who supplied it to him or who manufactured it,
c
subject to paragraph (2)(c), to the removal of a consignment of special waste where the consignor and the consignee are bodies corporate belonging to the same group,
d
to the removal from a ship in a harbour area of a consignment of special waste to a conveyance for transportation to a place outside that area, and
e
to the removal of a consignment of special waste which consists entirely of lead acid motor vehicle batteries.
2
This regulation does not apply unless —
a
in the case mentioned in paragraph (1)(a), in respect of each consignment —
i
the waste is of the same description as the waste in the first of the consignments in the succession;
ii
the consignor is the same person;
iii
the consignee is the same person;
iv
the premises from which the consignment is removed are the same;
v
the place to which the consignment is transported is the same; and
vi
the removal of the consignment takes place within one year of the removal of the first consignment in the succession;
b
in the case mentioned in paragraph (1)(b), the person to whom the product or material was supplied is satisfied that, as supplied, the product or material fails to meet any specification which he expected it to meet;
c
in the case mentioned in paragraph (1)(c), the removal is for the purposes of an operation within either paragraph 15 of Part III, or paragraph 13 of Part IV, of Schedule 4 to the 1994 Regulations, and the consignee either —
i
is the holder of a waste management licence which authorises the relevant operation; or
ii
carries on any activity to which section 33(1)(a) and (b) of the 1990 Act does not apply by virtue of regulation 16 or 17 of the 1994 Regulations.
3
In paragraph (1)(c) “group”, in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary and any other body corporate which is a subsidiary of that holding company; and for these purposes —
“body corporate” does not include a corporation sole or a Scottish partnership, but includes a company incorporated elsewhere than in Great Britain; and
“holding company” and “subsidiary” have the meaning given by section 736 of the Companies Act 1985 .
Consignment notes: procedure where pre-notification is not required
7
Paragraph (2), with the exception of sub-paragraph (b), and paragraphs (3) to (5) of regulation 5 shall apply in cases to which regulation 6 applies as if —
a
“four” were substituted for “five” in sub-paragraph (a) of paragraph (2);
b
references to the consignor were references —
i
in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material was supplied; and
ii
in relation to the case mentioned in regulation 6(1)(d), to the master of the ship; and
c
references to the consignee were references, in relation to the case mentioned in regulation 6(1)(b), to the person to whom the product or material is to be returned.
Consignment notes: carrier’s rounds
8
1
This regulation applies to a carrier’s round or to a succession of such rounds by the same carrier starting and ending within a twelve month period in respect of which:
a
every consignor is a person specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or whose particulars are notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round;
b
the premises from which the special waste is removed are:
i
specified in the consignment note or in the schedule prepared in accordance with paragraph (2)(b)(iii) or notified in writing to the Agency not less than 72 hours before the removal of the first waste on the carrier’s round; and
ii
so located that the Agency for each of those premises is the same;
c
the special waste is of a description specified in the consignment note; and
d
in the case of a single round other than a round that satisfies the requirements of regulation 14(2)(a), the time between the collection of the first consignment and delivery to the consignee is no more than 24 hours.
2
Before the first removal of waste, the carrier shall,
a
on any carrier’s round which is not in a succession or on the first round in such a succession, ensure that
i
Parts A and B of the consignment note are completed and that the relevant code is entered;
ii
one copy of the consignment note is furnished to the Agency for the place to which the special waste is to be transported;
b
on every round —
i
prepare four copies of the consignment note in addition to one copy for each consignor from whom waste is to be collected during the round;
ii
complete on those copies Parts A and B, the carrier’s particulars and particulars of transport in Part C, the code assigned or supplied under regulation 4 in respect of the round and, if it is a second or subsequent round, the code in respect of the first round; and
iii
ensure that four copies of a schedule are prepared in the form set out in Part II of Schedule 1 to these Regulations, or in a form substantially to the like effect, in addition to one consignor’s copy for each site from which waste is to be collected during that round.
3
The consignor shall, before the removal of waste from a site, complete on all the copies that part of the schedule indicated on it as for completion by him.
4
The carrier shall ensure, before the removal of the waste, that —
a
the part of the schedule indicated on it as for completion by him is completed on all the copies; and
b
he has all copies of the schedule (on which the part to be completed by the consignor has been completed) except the copy to be retained by the consignor under paragraph (5).
5
The consignor shall retain in respect of each site one copy of the consignment note and of that part of the schedule on which the parts to be completed by him and by the carrier have been completed.
6
The carrier shall ensure that the copies of the consignment note and of the schedule which he has received —
a
are completed with respect to that round;
b
travel with the waste to which they refer;
c
are given to the consignee on delivery of the waste.
7
Subject to regulation 10, on receiving the waste collected on each round, the consignee shall —
a
complete Part E on the three copies of the consignment note given to him;
b
retain one copy of the consignment note and one copy of the schedule;
c
give to the carrier a copy of the consignment note and a copy of the schedule; and
d
forthwith furnish to the Agency for the place to which the consignment has been transported one copy of the consignment note and one copy of the schedule.
8
The carrier shall retain the copies given to him in accordance with paragraph (7)(c).
Consignment notes: removal of ships’ waste to reception facilities
9
1
This regulation applies where special waste is removed from a ship in a harbour area to —
a
reception facilities provided within that harbour area; or
b
by pipeline to any such facilities provided outside a harbour area.
2
Before the waste is removed from the ship —
a
three copies of the consignment note shall be prepared and Parts A and B shall be completed and the relevant code entered on each of those copies;
b
the operator of the facilities shall complete Part C on each of those copies; and
c
the master of the ship —
i
shall ensure that Part D is completed on each of those copies;
ii
shall retain one copy (on which Parts A to D have been completed); and
iii
shall give the two remaining copies (on which Parts A to D have been completed) to the operator of the facilities.
3
On receiving a consignment of special waste the operator of the facilities shall —
a
complete Part E on the copies of the consignment note which he has received;
b
retain one copy; and
c
forthwith furnish the other copy to the Agency for the place where the facilities are situated.
Consignment notes etc.: duty of consignee not accepting delivery of a consignment
10
1
This regulation applies where the consignee does not accept delivery of a consignment of special waste.
2
In a case to which this regulation applies the requirements of regulation 5(4) (including that paragraph as applied in cases to which regulation 6 applies) or 8(7), as the case may be, shall not apply to the consignee.
3
If, in a case to which this regulation applies, copies of the consignment note have been given to the consignee he shall —
a
indicate on Part E of each copy that he does not accept the consignment and the reasons why he does not accept the consignment;
b
retain one copy;
c
ensure that one copy, accompanied by one copy of any carrier’s schedule given to him in accordance with regulation 8, are furnished forthwith to the Agency for the place to which the special waste has been transported; and
d
ensure that the other copy is returned to the carrier forthwith.
4
If, in a case to which this regulation applies, no copies of the consignment note have been given to the consignee he shall ensure that a written explanation of his reasons for not accepting delivery, including such details of the consignment and of the carrier as are known to him, is furnished forthwith to the Agency for the place to which the special waste has been transported.
5
In a case to which this regulation applies —
a
on being informed that the consignee will not accept delivery of the consignment, the carrier shall inform the Agency and seek instructions from the consignor;
b
the consignor shall forthwith inform the carrier and the Agency of his intentions as regards the consignment; and
c
the carrier shall take all reasonable steps to ensure that the consignor’s intentions are fulfilled.
6
For the purposes of paragraph (5), the consignor may propose one of the following, namely —
a
the delivery of the consignment to the premises from which it had been collected;
b
the delivery of the consignment to the premises at which it had been produced;
c
the delivery of the consignment to other specified premises in respect of which there is held any waste management licence necessary to authorise the receipt of the waste.
Consignment notes: duties of the Agencies
11
1
Subject to paragraph (2), where —
a
an Agency (“the receiving Agency”) has been furnished with a copy of a consignment note under regulation 5, 7, 8, 9 or 10 or with a copy of the explanation under regulation 10(4); and
b
the other Agency is the Agency for the premises from which the special waste was removed,
the receiving Agency shall, within two weeks of receipt, send to the other Agency one copy of the consignment note or explanation as the case may be.
2
Where copies have been furnished —
a
under regulation 7 in a case to which regulation 6 applies by virtue of paragraph (1)(d) of that regulation, or
b
under regulation 9(3)(c),
paragraph (1) shall have effect as if the reference to the premises from which the special waste was removed were a reference to the harbour area in which the special waste was removed from the ship.
Consignment notes: provisions as to furnishing
12
1
Subject to paragraphs (2), (3) and (6), a copy of a consignment note required by regulation 5 or 8 to be furnished to an Agency must be furnished not more than one month and not less than 72 hours before the removal of the consignment.
2
Subject to paragraphs (3) and (6), a copy of a consignment note required to be furnished by regulation 8(2)(a)(ii) shall be furnished not less than 72 hours before the removal of the first consignment to which the consignment note relates.
3
The copy of the consignment note mentioned in paragraphs (1) and (2) may be furnished to the Agency within 72 hours before the removal where —
a
the consignment is to be delivered to other specified premises pursuant to a proposal under regulation 10(6)(c);
b
the consignment cannot lawfully remain where it is for 72 hours.
4
The requirements of paragraphs (1) and (2) shall be treated as satisfied if —
a
a facsimile of the copy is furnished to the Agency by telephonic, electronic or other similar means of transmission in compliance with the time limits set out in those paragraphs, and
b
the copy is furnished to the Agency before or, in accordance with paragraph (5) below, forthwith upon removal of the consignment.
5
A copy of a consignment note or a written explanation of reasons for refusing to accept delivery of any special waste is furnished to an Agency in accordance with this paragraph if it, and any document required to be furnished with it, is —
a
delivered to the Agency, or
b
posted to the Agency by pre-paid first class post,
within one day of the receipt, removal or refusal to accept delivery of the special waste in question, as the case may be.
6
In reckoning any period of hours for the purposes of paragraphs (1), (2) and (3), the hours of any Saturday, Sunday, Good Friday, Christmas Day, bank holiday or other public holiday shall be disregarded.
Consignment notes: importers and exporters
13
1
Subject to paragraphs (3) and (4), regulations 5 to 12 shall apply to special waste imported into Great Britain from Northern Ireland or Gibraltar as if —
a
any reference to the consignor were a reference to the person importing the special waste;
b
any reference to the premises at which the special waste is being held and from which it is removed were a reference to the place where it first enters Great Britain; and
c
the special waste is removed from that place at the time when it first enters Great Britain.
2
Subject to paragraph (4), these Regulations shall apply to special waste exported from Great Britain to Northern Ireland or Gibraltar as if —
a
any reference to the consignee were a reference to the person exporting the waste; and
b
the consignment of special waste is received by that person at the place where and the time when it leaves Great Britain.
3
Paragraph (1) does not apply in a case to which either regulation 6(1)(d) or regulation 9 applies.
4
Nothing in regulations 5 to 12 shall apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93 , other than Title III of that Regulation, apply.
Fees
14
1
Subject to paragraph (2), when it assigns or supplies a code for a consignment or a carrier’s round in accordance with regulation 4(1), an Agency shall require payment of a fee of —
a
£10 in respect of a code relating to a consignment, or a round, which consists entirely of lead acid motor vehicle batteries;
b
£15 in other cases.
2
An Agency shall not require payment of a fee where the code is assigned or supplied in connection with:
a
a second or subsequent carrier’s round in a succession of such rounds, in respect of which —
i
the carrier is also the consignee in relation to every consignment in all the rounds;
ii
no more than one consignment is collected from any consignor during the succession;
iii
the total weight of special waste collected in each round does not exceed 400 kg ; and
iv
the time between the collection of the first consignment on the first round in the succession and the delivery of the last consignment to the place to which it is to be transported is no more than one week.
b
the removal of a single consignment of special waste for the purposes set out in regulation 6(1)(b) provided that the person to whom the product or material was supplied is satisfied that it fails to meet any specification which he expected it to meet; or
c
the removal of special waste from a ship in a harbour area —
i
to a conveyance for transportation to a place outside that area;
ii
to reception facilities provided within the same harbour area; or
iii
by pipeline to reception facilities provided outside the harbour area.
Registers
15
1
At each site from which any consignment of special waste has been removed, the consignor shall keep a register containing —
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of that part of the carrier’s schedule retained under regulation 8(5),
applicable to each consignment removed from that site.
2
Every carrier shall keep a register containing —
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,
applicable to each consignment which he has transported.
3
At each site at which any consignment of special waste has been received, the consignee shall keep a register containing —
a
a copy of the consignment note; and
b
where the consignment is one to which regulation 8 applies, a copy of the carrier’s schedule,
applicable to each consignment, other than a consignment to which regulation 10 applies, received at that site.
4
A consignment note or carrier’s schedule required by paragraph (1) or (2) to be kept in a register shall be retained in the register for not less than three years from the date on which the waste to which it relates was removed from the premises at which it was being held.
5
Subject to paragraphs (6) and (7), consignment notes and carrier’s schedules required by paragraph (3) to be kept by a person shall be retained until his waste management licence for the site in question is surrendered or revoked entirely, at which time he shall send the register to the Agency for the site; and that Agency shall retain the register for not less than three years after its receipt.
6
Where, by virtue of regulation 16(1)(a) or (b) of the 1994 Regulations, section 33(1)(a), (b) and (c) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, paragraph (5) shall have effect as if any reference to the surrender or revocation of a person’s waste management licence were a reference to the surrender or revocation of his authorisation under Part I of the 1990 Act for the site in question.
7
Where, in circumstances other than those mentioned in paragraph (6), section 33(1)(a) and (b) of the 1990 Act does not apply to any of the activities carried on at a site at which special waste is received, each consignment note and carrier’s schedule required to be kept in a register shall be kept in that register for not less than three years from the date on which the consignment of special waste to which it relates was received at the site to which it was transported.
8
Insofar as is consistent with the foregoing provisions of this regulation, registers under this regulation may be kept in any form.
Site records
16
1
Any person who makes a deposit of special waste in or on any land shall record the location of each such deposit, shall keep such records until his waste management licence is surrendered or revoked and shall then send the records to the Agency for the site.
2
Such records shall comprise either —
a
a site plan marked with a grid, or
b
a site plan with overlays on which deposits are shown in relation to the contours of the site.
3
Deposits shall be described in such records by reference to the register of consignment notes kept under regulation 15, save that where waste is disposed of —
a
by pipeline, or
b
within the curtilage of the premises at which it is produced,
the deposits shall be described by reference to a record of the quantity and composition of the waste and the date of its disposal.
4
In the case of liquid wastes discharged without containers into underground strata or disused workings the record shall comprise only a written statement of the quantity and composition of special waste so discharged and the date of its disposal.
5
Every record made pursuant to regulation 14 of the Control of Pollution (Special Waste) Regulations 1980 shall —
a
be kept with the records referred to in paragraph (1) above for so long as is mentioned in that paragraph, and
b
shall accompany those records when they are sent to the Agency in accordance with that paragraph.
Restrictions on mixing special waste
17
1
Subject to paragraph (2), an establishment or undertaking which carries out the disposal or recovery of special waste, or which collects or transports special waste, shall not —
a
mix different categories of special waste; or
b
mix special waste with waste which is not special waste.
2
Paragraph (1) above shall not apply if the mixing —
a
is authorised by a waste management licence or under an authorisation granted under Part I of the 1990 Act; or
b
is an activity to which, by virtue of regulation 17 of the 1994 Regulations, section 33(1)(a) and (b) of the 1990 Act does not apply.
Offences
18
1
Subject to paragraph (2) below, it shall be an offence for a person (other than a member, officer or employee of an Agency who is acting as authorised by that Agency,) to fail to comply with any of the foregoing provisions of these Regulations insofar as that provision imposes any obligation or requirement upon him.
2
It shall be a defence for a person charged with an offence under paragraph (1) to prove that he was not reasonably able to comply with the provision in question by reason of an emergency or grave danger and that he took all steps as were reasonably practicable in the circumstances for —
a
minimising any threat to the public or the environment; and
b
ensuring that the provision in question was complied with as soon as reasonably practicable after the event.
3
A person who, in purported compliance with a requirement imposed by or under any of the foregoing provisions of these Regulations to furnish any information, makes a statement which he knows to be false or misleading in a material particular, or recklessly makes any statement which is false or misleading in a material particular, commits an offence.
4
A person who intentionally makes a false entry in any record or register required to be kept by virtue of any of the foregoing provisions of these Regulations commits an offence.
5
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
6
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
Where, in Scotland, an offence under this regulation which has been committed by a partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be liable to be proceeded against and punished accordingly.
9
A person who commits an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
Responsibilities of the Agencies
19
The Agencies shall be responsible for supervising the persons and activities subject to any provision of these Regulations.
Transitional provisions for certificates of technical competence
20
1
This regulation applies in relation to —
a
waste defined as special waste under regulation 2 of these Regulations which was not so defined under regulation 2 of the Control of Pollution (Special Waste) Regulations 1980 (“waste now defined as special waste”); and
b
persons to be treated as technically competent for the purposes of section 74(3)(b) of the 1990 Act —
i
pursuant to regulation 4 of the 1994 Regulations; or
ii
pursuant to regulation 5 of the 1994 Regulations, or to regulation 4(1) or (3) of the Waste Management Licensing (Amendment etc.) Regulations 1995 .
2
For the purposes only of operations concerning waste now defined as special waste and provided that both the conditions set out in paragraph (3) are satisfied, the persons referred to in paragraph (1)(b) shall continue to be treated as technically competent —
a
in the case of those referred to in paragraph (1)(b)(i), until 10th August 2000; and
b
in the case of those referred to in paragraph (1)(b)(ii), in accordance with the Regulations mentioned there, except that paragraph (1) of regulation 5 of the 1994 Regulations and paragraphs (1) and (4) of regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995 shall have effect as if for the date “10th August 1999” there were substituted the date “10th August 2000”.
3
The conditions referred to in paragraph (2) are that:
a
before 1st March 1997, the person applies to the Waste Management Industry Training and Advisory Board for a certificate of technical competence at Level 4 in respect of special waste; and
b
before 1st September 1996, the person was entitled to act as the manager of a facility in respect of which there was in force a waste management licence authorising activities concerning waste now defined as special waste.
Amendment of regulations relating to the assessment of environmental effects
21
1
In regulation 2(1) of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 , for the definition of “special waste” there shall be substituted —
“special waste” means waste which is special waste for the purposes of the Special Waste Regulations 1996;
.
2
In regulation 4(1) of the Environmental Assessment (Scotland) Regulations 1988 , for the definition of “special waste” there shall be substituted —
“special waste” means waste which is special waste for the purposes of the Special Waste Regulations 1996;
.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991
22
In Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 there shall be added at the end —
the Special Waste Regulations 1996
.
Amendment of the Environmental Protection (Duty of Care) Regulations 1991
23
In regulation 2 of the Environmental Protection (Duty of Care) Regulations 1991 —
a
at the beginning of paragraph (1), there shall be added “Subject to paragraph (3),”;
b
after paragraph (2), the following paragraph shall be added:
3
Paragraph (1) shall not apply where the waste transferred is special waste within the meaning of the Special Waste Regulations 1996 and the consignment note and, where appropriate, schedule required by those Regulations are completed and dealt with in accordance with those Regulations.
.
Amendment of the Controlled Waste Regulations 1992
24
In paragraph 18(2) of Schedule 3 to the Controlled Waste Regulations 1992 , for the definition of “tank washings”, there shall be substituted —
“tank washings” has the same meaning as in paragraph 36 of Schedule 3 to the Waste Management Licensing Regulations 1994;
.
Amendment of the Waste Management Licensing Regulations 1994
25
The 1994 Regulations shall be amended in accordance with Schedule 3 to these Regulations.
Revocations and savings
26
1
Subject to paragraph (2), the following are hereby revoked —
a
the Control of Pollution (Special Waste) Regulations 1980 (“the 1980 Regulations”);
b
the Control of Pollution (Landed Ships’ Waste) Regulations 1987 ;
c
the Control of Pollution (Landed Ships’ Waste) (Amendment) Regulations 1989 ; and
d
paragraphs (1) and (2) of regulation 18 of the Transfrontier Shipment of Waste Regulations 1994 .
2
Subject to paragraph (3) of this regulation, the 1980 Regulations shall continue to have effect in relation to any special waste in respect of which the consignment note (within the meaning of those Regulations) was furnished or is treated as having been furnished to the Agency, in accordance with regulation 4 of those Regulations, before the coming into force of these Regulations.
3
Paragraph (2) of this regulation shall not apply in relation to any special waste in respect of which consignment notes or copies of consignment notes are furnished pursuant to regulation 9 of the 1980 Regulations and after 31st August 1996 any direction made under regulation 9 of the 1980 Regulations shall have no effect.
Ferrers
Minister of State,
Department of the Environment
28th March 1996
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
28th March 1996
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
28th March 1996


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A35 Trunk Road (Chideock Morcombelake Bypass) Order 1996 and shall come into force on 24th May 1996.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road ” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk road ”means the main new road;
iii
“the plan ”means the plan numbered HA10/1/SWM/107 marked “The A35 Trunk Road (Chideock Morcombelake Bypass) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE; and
3
The main new road shall become a trunk road from the date when this Order comes into force.
4
The centre line of each of the new trunk road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk road that —
a
where the highway is 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 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 traffic.
Signed by authority of the Secretary of State for Transport
D. W. Ward,
Director, Southern Operations Division Road Programme Directorate Highways Agency
3rd May 1996


text:
1
This Instrument may be cited as “the Leeds City Council (Leeds Inner Ring Road Stages 6 & 7 (A61) to M1 Motorway (Junction 46) Connecting Road) Scheme 1994 Confirmation Instrument 1996” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Leeds City Council (Leeds Inner Ring Road Stages 6 & 7 (A61) to M1 Motorway (Junction 46) Connecting Road) Scheme 1994 Confirmation Instrument 1996 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport and at the offices of the Leeds City Council, Legal Services, Room 213, Civic Hall, Leeds LS1 1UR and at the offices of the City Engineer, 2nd Floor, Dudley House, 133 Albion Street, Leeds LS2 8JX.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
22nd January 1996


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Shropshire Hills) Designation (Amendment) Order 1996 and shall come into force on 1st September 1996.
Amendment of the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994
2
1
The Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994 shall be amended in accordance with the following paragraphs of this article.
2
In paragraph 1 of article 2 (interpretation) —
a
after the definition of “grazing unit” there shall be added the following definition —
“haymeadow” means land used for the production of hay;
b
the definition of “managed woodland” shall be deleted; and
c
for the definition of “meadowland” there shall be substituted the following definition —
“meadowland” means haymeadow or land used for the production of silage;
3
In article 7 (rates of payment under agreement) —
a
in paragraph (1) —
i
in sub-paragraph (a), for “£12” there shall be substituted “£20”,
ii
in sub-paragraph (b), for “£30” there shall be substituted “£35”,
iii
in sub-paragraph (c), for “£40” there shall be substituted “£50”, and
iv
after the phrase “unless a higher rate is applicable in accordance with” there shall be added the phrase “paragraph (1A), paragraph (1B) or”;
b
after paragraph (1) there shall be inserted the following paragraphs —
1A
Where an agreement includes the requirements relating to permanent grassland specified in paragraph 2 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £125 per annum for each hectare of that haymeadow.
1B
Where an agreement includes the requirements relating to extensive permanent grassland specified in paragraph 3 of Schedule 1 in relation to any haymeadow, the Minister shall make payments at the rate of £140 per annum for each hectare of that haymeadow.;
c
paragraph (4) shall be deleted;
d
for paragraph (5) there shall be substituted the following —
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £5 for each metre of stockproof or non-stockproof hedges managed in accordance with the programme referred to in that Schedule, subject to a maximum of 2 metres of stockproof or non-stockproof hedges so managed per hectare of eligible land per annum.
5A
For the purposes of paragraph (5) above, “eligible land” means land which —
a
comprises or falls within land subject to the provisions of the agreement concerned;
b
is not moorland;
c
is enclosed by boundaries; and
d
contains, whether within itself, or as the whole or part of the boundaries by which it is enclosed, hedges.;
; and
e
for paragraph (6), there shall be substituted the following —
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of operations included in the plan, subject to a maximum of £20,000 for that agreement.
4
In Schedule 1 (requirements to be included in an agreement) —
a
for paragraph 1(1) there shall be substituted the following —
1
the farmer shall not use any part of it for the growing of arable crops, unless, on 31st December 1993, that part was used —
a
for the growing of arable crops; or
b
for ley grassland established after 31st December 1983.
; and
b
for paragraph 4(5) there shall be substituted the following —
5
the farmer shall —
a
within one year of the start of the agreement, agree with the Minister a programme for any necessary burning or cutting of moorland vegetation; and
b
carry out that programme in accordance with the agreement;
5
Schedule 4 (additional provisions relating to managed woodland) shall be deleted.
6
In Schedule 6 (conservation plan operations) —
a
in paragraph 1, after the word “planting” there shall be added the phrase, “laying, coppicing or gapping-up”; and
b
for paragraph 2 there shall be substituted the following —
2
The restoration of farm buildings using traditional methods.
; and
c
in paragraph 5, before the word “restoration” there shall be added the words “creation and”.
Saving
3
1
Paragraph (3)(a), (b), (d) and (e) of article 2 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1996.
2
Paragraph (2)(b), (3)(c) and (5) of article 2 of this Order shall not apply in relation to any agreement made before the date of coming into force of this Order.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
We consent,
Bowen Wells
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
12th August 1996


text:
1
1
This Order may be cited as the A3 Trunk Road (Woolmer Road Junction Improvement Slip Road) Order 1996 and shall come into force on 1st November 1996.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order which connects the trunk road with other highways at the place stated in that Schedule (the highway along that route being in this Order referred to as “the slip road”), shall become a trunk road from the date when this Order comes into force.
3
The centre line of the slip road is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the slip 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 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 slip road is opened for traffic.
5
In this Order: —
1
“the deposited plan” means the plan numbered SNPR96/9, marked “The A3 Trunk Road (Woolmer Road Improvement Slip Road) Order 1996”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR; and
2
“the trunk road” means the A3 Trunk Road.
Signed by authority of the Secretary of State for Transport
A. D. Rowland
Director Southern Network Management Division Highways Agency
7th October 1996


text:
Title and commencement
1
These Regulations may be cited as the Eggs (Marketing Standards) (Amendment) Regulations 1996 and shall come into force on 24th July 1996.
Amendment of the Eggs (Marketing Standards) Regulations 1995
2
The Eggs (Marketing Standards) Regulations 1995 shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 4 (enforcement authorities) there shall be inserted at the end the following paragraph —
3
In this regulation “sale” includes possession for sale and offer, exposure or advertisement for sale.
.
4
After regulation 7 (United Kingdom official mark) there shall be inserted the following regulation —
7A
1
The official mark for the purposes of the bands and labels referred to in Article 21(2) of Commission Regulation ( EEC ) No. 1274/91 shall consist of the letters “ UK ”, each letter being 1 centimetre high and surrounded by a line describing an oval.
2
Paragraph (1) above shall not apply in the case of any band or label affixed outside Great Britain.
.
5
In the Schedule (Community provisions) there shall be inserted in paragraph 2 at the end the following entry —
g
Commission Regulation ( EC ) No. 2401/95
OJ No. L246, 13.10.95, p.6
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
24th June 1996
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
20th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State, Welsh Office
19th June 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
19th June 1996


text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Kingston Upon Thames) Red Route Traffic Order 1996, and shall come into force on 16th September 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that time, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation of existing Orders
10
1
The Kingston Upon Thames (Waiting and Loading Restriction) ( No. 1) Traffic Order 1994 as amended and the A3 Trunk Road (Kingston Upon Thames) Red Route Experimental Traffic Order 1995 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
9 September 1996


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dogs (Fouling of Land) Regulations 1996 and shall come into force on 1st December 1996.
2
In these Regulations, “order” means an order under section 2(1) of the Dogs (Fouling of Land) Act 1996.
Form of order
2
An order shall be in the form set out in the Schedule to these Regulations, or a form substantially to the like effect as that form.
Procedure for orders
3
1
Before making an order, a local authority shall —
a
publish notice of their proposal to do so in a local newspaper circulating in the area in which the land affected by the order is situated; and
b
consider the representations (if any) made within the period specified in the notice.
2
The notice referred to in paragraph (1) above shall —
a
identify the land affected by the order;
b
state the effect of the order;
c
where the order will refer to a map, state the address of a place in the local authority’s area where that map may be inspected by any person free of charge at all reasonable hours during the period mentioned in sub-paragraph (d) below; and
d
state that representations may be made in writing within such period, being not less than 28 days after the publication of the notice, as may be specified in the notice, and the address to which representations may be sent.
Making of orders
4
1
An order may be made in respect of the land described in the notice referred to in regulation 3 above, or such part of that land as the local authority think fit.
2
An order shall specify the day on which it is to come into force, being not less than 28 days after the day on which it is made.
Publicity for orders
5
1
The local authority shall, not less than 7 days before the day on which an order comes into force, publish in a local newspaper circulating in the area in which the land affected by the order is situated notice that the order has been made.
2
The notice referred to in paragraph (1) above shall state the effect of the order and the place at which the order may be inspected and copies obtained.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
29th October 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under-Secretary of State,
Welsh Office
30th October 1996


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Plant Health (Licence Fees) (England and Wales) Regulations 1996 and shall come into force on 1st February 1996.
2
These Regulations extend to England and Wales.
3
In these Regulations —
“growing medium” and “soil” have the meanings ascribed to them by the Plant Health (Great Britain) Order 1993 ; and
“licence” means a licence under article 30 or 30A of that Order.
Revocation
2
The Import (Plant Health Fees) (England and Wales) Order 1993 is hereby revoked.
Fees
3
There shall be paid to the Minister of Agriculture, Fisheries and Food in respect of each application or inspection of a type described in column 2 of the Schedule to these Regulations the fee prescribed in column 3 of the Schedule in relation to that type of application or inspection.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th January 1996
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
9th January 1996


text:
Citation and commencement
1
This Order may be cited as the Churnet Valley Light Railway Order 1996 and shall come into force on 4th May 1996.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them: —
“the Act of 1845 ” means the Railways Clauses Consolidation Act 1845 ;
“ the Board ” means the British Railways Board;
“the Board’s railway” means so much of the former railway of the Board in the County of Staffordshire described in and authorised by the enabling Acts and works relating thereto as lies between the point immediately to the south of the point known as Leekbrook junction in the parish of Leek at Grid Reference SJ9813/5378 and the point known as the sand sidings in the Parish of Oakamoor at Grid Reference SK0453/4508 and includes all the lands and works relating thereto in those parishes and in the parishes of Cheddleton, Ipstones and Kingsley in the district of Staffordshire Moorlands formerly held by the Board relating to the said railway and lying between those points;
“ the Company ” means Churnet Valley Railway (1992) plc incorporated under the Companies Acts 1985 to 1989 and having its registered office at Cheddleton Station, Cheddleton, Staffordshire ST13 7EE;
“the Company’s railway” means the railway authorised to be construced and maintained by the Company pursuant to article 4 of this Order;
“the definitive map” means the definitive map for the area prepared under section 53 of the Wildlife and Countryside Act 1981 ;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Secretary of State for Transport, Great Minister House, 76 Marsham Street, London, SW1P 4DR and at the registered office of the Company, and marked as those plans and sections respectively;
“the enabling Acts” means the North Staffordshire Railway (Churnet Valley Line) Act 1846 and the North Staffordshire Railway Act 1847 ;
“the existing railway centre demonstration line” means the railway and works relating thereto in the County of Staffordshire lying immediately to the south of Cheddleton Station in the parish of Cheddleton on lands owned by or leased to the Company and shown marked “existing railway centre demonstration line & sidings” on the deposited plans;
“Grid Reference” means an Ordnance Survey Grid Reference;
“the transfer date” in respect of the Board’s railway or any part of the Board’s railway means the date on which the Board’s railway or that part of the Board’s railway is transferred to the Company by virtue of an agreement made pursuant to article 6 of this Order.
2
For the purposes of this Order, “transferred” in relation to any rails, plates, sleepers, chairs, sidings, passing loops, junctions or any other associated track equipment forming part of the Board’s railway includes leased or let to, or licensed for use by, the Company.
Incorporation and application of enactments
3
1
Subject to the provisions of this Order, the following provisions of the Act of 1845 shall be incorporated in this Order: —
Section 16 (works to be executed);
Section 18 (alteration of water and gaspipes, etc );
Section 19 (company not to disturb pipes until they have laid down others);
Section 20 (pipes not to be laid contrary to any Act, and 18 inches surface road to be retained);
Section 21 (company to make good all damage);
Section 24 (penalty for obstructing construction of railway);
Section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
Section 61 (company to make sufficient approaches and fences to highways crossing on the level);
Section 68 (accommodation works by company);
Sections 78 to 85E (which relate to the working of mines);
Section 105 (carriage of dangerous goods on the railway);
Section 145 (recovery of penalties); and
Section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
“the special Act ” means this Order.
3
The following enactments shall apply to the Company’s railway: —
The Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and the Company’s servants to be provided); and
The Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
4
In its application to the Company’s railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Power for the Company to construct and maintain railway
4
1
Subject to the provisions of this Order, the Company may on lands owned by or leased to the Company and either on the line of so much of the Board’s railway as is transferred pursuant to this Order and within the formation of that railway or on the existing railway demonstration line construct and maintain a railway with all proper rails, plates, sidings, passing loops, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities; and may enter into agreements with any other person for such purposes and may upon such lands work the said railway as a light railway under the Act and in accordance with the provisions of this Order.
2
Without prejudice to the generality of the foregoing, the Company may construct and maintain the works more particularly described in Schedule 1 to this Order.
Power to deviate
5
In the construction of the Company’s railway or any part thereof the Company may deviate from the line or situation thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 1 metre upwards or downwards.
Transfer of railway and rights, etc. from Board to Company
6
1
The Board and the Company may enter into and carry into effect agreements providing for the transfer to and vesting in the Company of the Board’s railway or any part thereof on such terms and conditions as may be agreed between the Board and the Company.
2
On the transfer date all such rights, powers, privileges and obligations as are vested in or borne by the Board immediately before that date with respect to any part of the Board’s railway transferred to the Company on that date by virtue of an agreement made pursuant to this article shall be transferred to and vest in the Company and thereafter the Company shall to the exclusion of the Board be entitled to the benefit of, and to exercise, all such rights, powers and privileges and be subject to all such obligations, whether statutory or otherwise, then in force to the intent that the Board shall be released from all such obligations.
Gauge of railway and motive power
7
1
The Company’s railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8½ inches) and the motive power on the railway shall be diesel-mechanical, diesel-hydraulic, diesel-electric, steam, internal combustion, battery, electric or such other motive power as the Secretary of State may in writing approve.
2
Nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the Company’s railway such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunications by means of any such apparatus.
As to crossing of a road, access ways and footpaths on the level
8
1
The Company may carry the Company’s railway across and on the level of the private access ways, road and footpaths described in Schedule 2 to this Order.
2
The rails of the railway shall be maintained within the areas of the level crossings so that the upper surface is upon a level with the surface of the access way, road or footpath, as the case may be, and the surface over the level crossings shall be maintained in good and even condition.
3
The Company shall not within the area of the level crossings obstruct or hinder traffic or persons passing along the access way, road or footpath for longer than is reasonably necessary in taking any train, engine or carriage across the access way, road or footpath.
As to crossing of certain access ways and footpaths
9
1
Subject to paragraphs (2) and (3) of this article, access across the railway at each of the level crossings described in Schedule 2 to this Order, except for the crossings described in paragraphs 2 and 12 thereof, shall be provided by a gate on each side of the railway opening away from the railway which in the case of the crossings described in paragraphs 10, 11, 13 and 14 of that Schedule and that part of the crossing described in paragraph 9 of that Schedule which relates to the footpath shall be a self-closing gate and the Company shall provide and maintain at the said level crossings signs bearing the wording `STOP, LOOK AND LISTEN' on each side of the railway facing towards persons approaching the level crossing.
2
The Company shall provide and maintain at or near each of the level crossings described in Schedule 2 to this Order except for the level crossing described in paragraph 2 of that Schedule such barriers, gates or other protective equipment as the Secretary of State may from time to time require in writing, and subject to such requirements as he may from time to time lay down.
3
In this article “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), as prescribed in Schedule 3 to the Traffic Signs Regulations and General Directions 1994 manual, mechanical, automatic, electrical or telephonic equipment or other devices.
As to crossing at Basford Bridge Lane
10
1
The Company shall provide at the crossing described in paragraph 2 of Schedule 2 to this Order, and shall operate and maintain, the protective equipment which is specified in Part I of Schedule 3 to this Order.
2
The Company shall cause to be observed the conditions and requirements with regard to the crossing mentioned in paragraph (1) of this article which are specified in Part II of Schedule 3 to this Order.
Restriction as to working of Company’s railway
11
No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State.
For the protection of public gas transporters
12
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporter within the meaning of Part I of the Gas Act 1986 in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or stucture situate under, over or upon lands in or upon which the Company’s railway or any part thereof is constructed.
For the protection of the Environment Agency
13
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Company and the Agency, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any watercourse in, under or through any land held for the purposes of or in connection with the Company’s railway the Company shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency such approval not to be unreasonably withheld;
b
For the purposes of this paragraph “plans”, includes sections, drawings, specifications, calculations and descriptions.
4
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the Company’s railway, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Company in good repair and condition and free from obstruction.
5
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article the Company shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Company as a debt due from them to the Agency.
For the protection of sewerage and water undertakers
14
1
For the protection of sewerage and water undertakers for the time being for the area in which the Company’s railway is situated (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertakers concerned, apply and have effect.
2
In this article, “relevant pipe” in relation to any of the undertakers has the meaning given in section 179(7) of the Water Industry Act 1991 .
3
Nothing in section 18 of the Act of 1845 in its application to the Company’s railway shall authorise the Company to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld.
4
a
The Company shall not within the limits of deviation and without the consent of the undertakers concerned —
i
place or deposit any materials or erect any structure or works other than a single line of rails or passing loop; or
ii
make any excavation to a depth of more than 300 millimetres below the surface of the ground;
in so far as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of a relevant pipe;
b
The undertakers concerned shall not unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of a relevant pipe.
5
Where any relevant pipe is situated in or under any land owned or held for the purposes of the Company’s railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.
6
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
7
a
The Company shall compensate the undertakers —
i
for any damage done or disturbance caused to any relevant pipe; and
ii
for any other expenses, loss, damages, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order.
b
Nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
8
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
Arbitration
15
Any difference arising between the Company and the relevant undertakers under article 13 or 14 above shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
3rd May 1996


text:
1
This Order may be cited as the A205 Trunk Road (Mortlake Road, Richmond upon Thames) (Vehicle Height Restriction) Order 1996 and shall come into force on 25th March 1996.
2
No person shall cause or permit any vehicle the overall height of which, together with the load (if any) carried thereon, exceeds 4.5 metres (14 feet 9 inches) to enter the carriageway beneath the railway bridge situated in Mortlake Road, Kew, the centre point of which lies 63 metres south-east of the south-eastern kerbline of Forest Road.
3
The London Borough of Richmond upon Thames (Mortlake Road, Kew) (Vehicle Height Restriction) Order 1988 is hereby revoked.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director, Highways Agency, London Network Management Division
20th March 1996


text:
Citation
1
This Order may be cited as the Bedfordshire Fire Services (Combination Scheme) Order 1996 and shall come into force on the day after the day on which it is made.
Combination Scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Bedfordshire Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
19th November 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Uncertificated Securities) (Extension of Scope of Act) Order 1996 and shall come into force on 15th July 1996.
2
In this Order “ the Act ” means the Financial Services Act 1986.
Amendments to the Act
2
1
After paragraph 16 of Schedule 1 to the Act there shall be added the following —
Sending dematerialised instructions etc.
16A
Sending on behalf of another person dematerialised instructions relating to an investment by means of a relevant system in respect of which an Operator is approved under the Uncertificated Securities Regulations 1995 , or offering or agreeing to do so, or causing on behalf of another person such instructions to be sent by such means or offering or agreeing to do so.
Notes
1
This paragraph does not apply to a person by reason of his sending, or causing the sending of, instructions on behalf of —
a
a participating issuer or settlement bank acting in its capacity as such; or
b
an offeror making a takeover offer,
or by reason of his offering or agreeing to do so.
2
For the purposes of this paragraph a person shall be taken to cause, or to offer or agree to cause, the sending of a dematerialised instruction only if he is a system-participant.
3
In this paragraph —
“dematerialised instruction”, “participating issuer”, “relevant system”, “settlement bank”,“system-participant” and “Operator” have the meanings given by regulation 3 of the Uncertificated Securities Regulations 1995; and
“offeror” and “takeover offer” have the meanings given by section 428 of the Companies Act 1985 .
2
After sub-paragraph (5) of paragraph 18 of Schedule 1 to the Act there shall be added the following —
5A
Paragraph 16A does not apply to a body corporate by reason of its sending, or causing the sending of, dematerialised instructions relating to an investment or offering or agreeing to do so if —
a
the person on whose behalf the instructions are, or are to be, sent or caused to be sent is a body corporate in the same group; and
b
the investment to which the instructions relate, or will relate, is one in respect of which a body corporate in the same group is registered as the holder on the appropriate register of securities, or will be so registered as a result of the instructions.
5B
In sub-paragraph (5A) “register of securities” has the meaning given by regulation 3 of the Uncertificated Securities Regulations 1995.
3
After sub-paragraph (4) of paragraph 22 of Schedule 1 to the Act there shall be added the following —
4A
Paragraph 16A does not apply to a person by reason of his sending, or causing the sending of, dematerialised instructions relating to an investment held by him as trustee or as personal representative, or by reason of his offering or agreeing to do so.
4
After sub-paragraph (2) of paragraph 27 of Schedule 1 to the Act there shall be added the following —
3
Paragraph 16A does not apply to any offer made by an overseas person to or agreement made by him with a person in the United Kingdom if the offer or agreement is the result of —
a
an approach made to the overseas person by or on behalf of the person in the United Kingdom which either has not been in any way solicited by the overseas person, or has been solicited by him in a way which has not contravened section 56 or 57 of this Act; or
b
an approach made by the overseas person which has not contravened either of those sections.
Simon Burns
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury.
16th May 1996


text:
Citation and commencement
1
This Order may be cited as the Redundant Mineworkers (Payments Schemes) (Amendment and Consolidation) Order 1996 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order:–
“the 1983 Order ” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1983 ;
“the 1984 Order ” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1984 ;
“the 1986 Order ” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1986
Revocation of the 1983,1984 and 1986 Orders
3
Save as hereinafter provided the 1983, 1984 and 1986 Orders are hereby revoked.
Transitional provision
4
The 1983, 1984 and 1986 Orders shall continue to have effect and remain in force for the purposes of Articles 1, 2, 3, 4, 9(1)(a), 9(2), 9(3), 9(4), 10, 11, 12, 13 and 14 in their Schedules, including Appendices 1,2 and 3 to those Schedules, until the end of 6th October 1996.
Application of the Scheme
5
The Scheme set out in the Schedule to this Order shall have effect in relation to the classes of persons prescribed therein.
Richard Page
Parliamentary Under Secretary of State for Small Business, Industry and Energy
Department of Trade and Industry
13th May 1996


text:
Commencement and Citation
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) ( No. 2) Regulations 1996.
2
These Regulations shall come into force for the purposes of regulation 4 on 6th March 1996 and for all other purposes on 10th February 1997.
Preliminary
3
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
Regulation 5 of these Regulations is made in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers under section 2(2) of the European Communities Act 1972.
Amendments to regulation 47 (seat belts)
4
1
Regulation 47 shall be amended as follows.
2
In paragraph (7) —
a
in sub-paragraph (a), the words “if the vehicle” to “restraint,”, and
b
sub-paragraph (b) and the word “or” immediately preceding that sub-paragraph,
shall be omitted.
3
In paragraph (7A)(a) the words from “provided” to “being a seat belt” shall be omitted.
New regulation 48A (requirement for minibuses and coaches to be fitted with additional seat belts when used in certain circumstances)
5
After regulation 48, there shall be inserted the following —
Minibuses and coaches to be fitted with additional seat belts when used in certain circumstances
48A
1
No person shall use or cause or permit to be used on a road a coach or minibus wholly or mainly for the purpose of carrying a group of 3 or more children in the following circumstances unless the appropriate number of forward-facing passenger seats fitted to the vehicle meet the requirements of this regulation.
2
The circumstances are that —
a
the group of children are on an organised trip; and
b
the journey is being made for the purposes of the trip.
3
In paragraph (1), the reference to the appropriate number is a reference to the number of children being carried in the vehicle (excluding disabled children in wheelchairs).
4
Without prejudice to the generality of paragraph (2)(a), a group of children shall, for the purposes of this regulation, be regarded as being on an organised trip if they are being carried to or from their school or from one part of their school premises to another.
5
Without prejudice to the meaning of paragraph (2)(b), paragraph (1) shall not apply to a vehicle if it is being used in the provision of a bus service of a description specified in paragraph 2 of the Schedule to the Fuel Duty Grant (Eligible Bus Services) Regulations 1985 or if it is otherwise being used wholly or mainly for the purpose of providing a transport service for the general public.
6
For a forward-facing passenger seat to meet the requirements of this regulation a seat belt must be provided for it, and —
a
if paragraph (3) of regulation 47 does not (in whole or part) apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with that paragraph to the extent (if any) that it would have to so comply were —
i
that regulation to apply to all motor vehicles, and
ii
there substituted for the words “provided” to “or (e)”, in that paragraph, the words “provided for any person in a vehicle to which this regulation applies”;
b
if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a seat belt for an adult (not being a disabled person’s belt) that was first fitted to the vehicle after 10th February 1997, the seat belt must comply with the requirements specified in paragraph (7) below;
c
if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a child restraint that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to anchorages provided for it;
d
if paragraph (5) of regulation 47 does not apply to the seat belt and the seat belt is a disabled person’s belt that was first fitted to the vehicle after 10th February 1997, the seat belt must be properly secured to the vehicle or to the seat;
e
if regulation 47 does not apply to the vehicle and the seat belt was first fitted to the vehicle after 10th February 1997, the seat belt must comply with paragraph (7) of that regulation to the extent (if any) that it would have to so comply were that regulation to apply to all motor vehicles; and
f
if regulation 48 does not apply to the seat belt and the seat belt was first fitted to the vehicle after 10th February 1997, the requirements of paragraph (4) of that regulation must be met in relation to the anchorages, fastenings, adjusting device and retracting mechanism (if any) of the seat belt to the extent (if any) that those requirements would have to be met were that paragraph to apply to all anchorages, fastenings, adjusting devices and retracting mechanisms of seat belts fitted to motor vehicles,
and paragraph (2) of regulation 48 shall apply for the purposes of sub-paragraph (f) above as it applies for the purposes of that regulation.
7
The requirements referred to in paragraph (6)(b) are that the seat belt must be properly secured to the anchorage points provided for it and, in a case where any of those anchorage points is first fitted to the vehicle after 10th February 1997 the anchorage points to which it is secured must comply —
a
if the vehicle is a coach, with the requirements specified in regulation 46(4)(b) or (4A)(b)(ii); or
b
in any other case, with the requirements specified in regulation 46(4)(b).
8
Until 10th February 1998, this regulation shall not apply to a coach first used before 1st October 1988.
9
In this regulation —
“school” has the meaning given by section 14(5) of the Further and Higher Education Act 1992 ;
“forward-facing passenger seat” means a forward-facing seat which is not the driver’s seat; and
“child restraint”, “disabled person’s belt”, “forward-facing seat”, “seat”, and “seat belt” have the meanings given in regulation 47.
10
For the purpose of this regulation, a child is a person who is aged 3 years or more but is under the age of 16 years.
.
Signed by the authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
31st January 1996