text:
PART I
INTRODUCTION
Title, commencement, interpretation and application
1
1
These Regulations may be cited as the Products of Animal Origin (Import and Export) Regulations 1992 and shall come into force on 1st January 1993.
2
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Council Directive 89/662/ EEC concerning veterinary checks in intra-Community trade with a view to the completion of the internal market and Council Directive 90/675/EEC laying down the principles governing the organisa tion of veterinary checks on products entering the Community from third countries both as read in accordance with Schedule 1;
“aquaculture product” means a product controlled by Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture products and animals
“border inspection post” means a place specified in Schedule 2;
“customs warehouse” has the same meaning as in Council Regulation 2503/88/EEC on customs warehouses ;
“Divisional Veterinary Officer” means a veterinary surgeon appointed by the Minister to be responsible for an animal health division;
“establishment” means any undertaking which produces, stores or processes products of animal origin;
“fishery products” has the same meaning as in Council Directive 91/493/EEC laying down the health conditions for the production and the placing on the market of fishery products
“free zone” and “free warehouse” have the same meaning as in Article 1.4.a and 1.4.b of Council Regulation 2504/88/EEC on free zones and free warehouses
“health conditions” includes conditions relating to both animal health and public health;
“import” means import into Great Britain;
“live bivalve molluscs” has the same meaning as in Council Directive 91/492/EEC laying down the health conditions for the production and the placing on the market of live bivalve molluscs
“local authority” means —
in relation to England and Wales —
where there is a Port Health Authority, that authority;
where there is not a Port Health Authority, as respects each London borough, or district, the council of that borough or district;
as respects the City of London, the Common Council;
in relation to Scotland —
where there is a port local authority (including a joint port local authority) constituted under section 172 of the Public Health (Scot land) Act 1897 that authority;
where there is not a port local authority, the islands or district council;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“official veterinary surgeon”, except in Regulation 7, means a person designated under Regulation 2 of these Regulations;
“place of destination” means the address or addresses to which the consignment is consigned by the consignor;
“product of animal origin” in relation to intra-Community trade means —
a product controlled by one of the directives in Annex A to Council Directive 89/662/EEC (except for aquaculture products not intended for human consumption), or
a product in Annex B to Council Directive 89/662/EEC ;
and in relation to third country trade means those products as well as —
aquaculture products;
semen, embryos, ova and hatching eggs referred to in Council Directive 90/425/EEC concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market as read in accordance with Schedule 1,
hay and straw, and
any product controlled by Directive 90/667/EEC laying down the veteri nary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin
3
For the purposes of these Regulations, goods are in customs temporary storage arrangements if they have been presented to Customs under Article 14 of Council Regulation 4151/88/EEC laying down the provisions applicable to goods brought the customs territory of the Community and not assigned a customs-approved treatment or use in accordance with Article 14 of that Regulation.
4
Any reference in these Regulations to a directive is a reference to that directive as amended.
5
All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
6
Unless the context otherwise requires, any reference in these Regulations to a Schedule is a reference to a Schedule of these Regulations.
7
These Regulations (other than Regulation 22) shall not apply in the circumstances described in Article 14 of Council Directive 90/675/EEC .
8
These Regulations do not apply to Northern Ireland.
Official veterinary surgeons
2
1
The Minister may designate a veterinary surgeon as an official veterinary surgeon for the purposes of these Regulations.
2
Subject to paragraphs (3) and (4) below, the Minister may, at any time, revoke or suspend the designation of any person as an official veterinary surgeon if it appears to the Minister that such person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations.
3
Where the Minister revokes or suspends a designation under paragraph (2) above he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity of making representations in writing to the Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the Minister.
4
A notice given under paragraph (3) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which he may apply for an opportunity to be heard; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (2) above in the light of those representations.
5
The powers of the Minister under this Regulation shall be exercised in Scotland and Wales by the Secretary of State instead of by the Minister.
Enforcement
3
1
Except where expressly otherwise provided, these Regulations shall be executed and enforced by the local authority.
2
Subject to paragraph (4) below, where the Minister is satisfied that a local authority is failing or has failed to execute or enforce these Regulations, either generally or in any individual case or in any class of case, he may, having given notice to that authority, empower one of the Minister’s officers to execute or enforce them in place of that authority.
3
The Minister may recover from the local authority in default any expenses reasonably incurred by him under paragraph (2) above.
4
In addition to the powers in paragraph (2) above, the Minister may direct, in relation to cases of a particular description or a particular case, that these Regulations shall be executed and enforced by the Minister instead of the local authority, or jointly by the Minister and the local authority.
5
The powers of the Minister under paragraphs (2), (3) and (4) above shall, in relation to matters concerning public health where the products concerned are subject to intraCommunity trade, be exercised, instead of by the Minister —
a
in England, by the Secretary of State for Health;
b
in Scotland and Wales, by the Secretary of State.
Powers to give directions
4
1
The following Ministers, acting alone or jointly, namely, the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales and the Secretary of State concerned with health in England shall have power to give directions in writing to a local authority concerning the execution and enforcement of these Regulations.
2
In the exercise of the functions conferred on them by these Regulations, every local authority shall have regard to any relevant provision of such directions.
3
Any such directions shall, on the application of the Minister or the Secretary of State be enforceable by mandamus or, in Scotland, by an order of the Court of Session under section 45 of the Court of Session Act 1988 .
PART II
INTRA-COMMUNITY TRADE
Application of Part II
5
This Part of these Regulations shall apply to trade with other member States in products of animal origin originating in a member State and in such products coming from third countries which are in free circulation in member States.
Exports
6
1
No person shall export or consign for export to another member State any product of animal origin unless
a
if it is controlled by one or more of the directives in Schedule 3, it complies with the relevant provisions of those directives (including any option permitted by those directives which has been exercised by the member State of destination) and any additional requirements or health conditions of the member State of destination and is accompanied by any documents required under the directive or by the member State of destination;
b
in any other case, it fulfils all the health conditions of the member State of destination, including any documentary requirements.
2
Each person who has control of an establishment shall ensure that all products of animal origin intended for export to another member State comply with the requirements in paragraph (1) above.
3
Where products of animal origin are consigned to more than one destination, they shall be grouped together in as many batches as there are places of destination, and the consignor shall ensure that all documents required in paragraph (1) are provided with each batch.
4
No person shall export or consign for export to another member State any product of animal origin specified in Annex B to Council Directive 89/662/EEC if it cannot (except for labelling reasons) legally be marketed in Great Britain.
Inspection and checking of imports
7
1
At a border inspection post, unless the products are transported by regular, direct means of transport linking two geographical points of the Community, an authorised officer of a local authority shall carry out documentary checks of all imported products of animal origin if he considers it necessary to establish the place of origin, and products of animal origin originating in a member State shall be dealt with in accordance with this Part of the Regulations.
2
An authorised officer of the Minister or of a local authority shall have power to inspect at their place of destination, all products of animal origin imported into Great Britain from another member State, so as to ensure that all animal and public health conditions relating to imports are complied with, including any documentary require ments.
3
An authorised officer of the Minister or of a local authority shall have power to inspect such products of animal origin at any time during transport to their place of destination if he has information leading him to suspect an infringement of these Regulations or any animal or public health condition relating to imports, including requirements relating to the means of transport.
4
Any powers exercised under Regulation 22 below shall only be exercised in accordance with this Regulation in relation to imports from another member State until they reach their place of destination and at the place of destination.
5
Where an establishment is supervised by an official veterinary surgeon, he shall ensure that all products of animal origin entering the establishment from another member State comply with all animal and public health import conditions relating to marking and accompanying documentation, and shall forthwith notify the appropriate Divisional Veterinary Officer of any irregularity or anomaly.
6
Where an establishment is not supervised by an official veterinary surgeon, any person who markets any product of animal origin consigned to him from another member State, or divides up batches of such product for distribution or marketing, shall check, before the batch is divided up or marketed, that all products of animal origin comply with all animal and public health conditions relating to marking and accompanying documentation, and shall forthwith notify the appropriate Divisional Veterinary Officer of any irregularity or anomaly.
7
In this Regulation “official veterinary surgeon” means a person designated as such by the Minister (or in Scotland and Wales, the Secretary of State) for the purposes of supervising the establishment in question.
Removal of documents
8
No person shall remove from any consignment of products of animal origin the documents provided in accordance with the directives listed in Schedule 3 or any relevant national law relating to health conditions, or divide up any batch for which documents are so provided, until the checks required under Regulation 7 above have been carried out.
Duties of consignees
9
Any person who has received by way of trade products of animal origin consigned to him from another member State shall —
a
keep a register recording the delivery for a period of three years;
b
keep all documentation provided with such consignment for a period of three years or such other period as may be specified in the directive dealing with the product;
c
if an authorised officer of the Minister or the local authority has by notice required him to do so, forthwith report to the person specified in the notice the arrival or anticipated arrival of any product specified in the notice by the quickest practicable means (and, if such report is given orally, confirm the report in writing) and, if required to do so by the notice, keep such product at the place to which it was consigned for 24 hours from the time of arrival or until it has been inspected by such officer if sooner.
Consignments posing a risk to health and illegal consignments
10
1
If an authorised officer of the Minister or a local authority establishes in imported products of animal origin the presence of agents responsible for a disease named in Council Directive 82/894/EEC on the notification of animal diseases within the Community or of a zoonosis, a disease or any cause likely to constitute a serious hazard to animals or humans, or that the products come from an area infected by an epizootic disease, he shall, by notice served on the person appearing to him to have charge of the consignment —
a
in all cases, prohibit the movement of the consignment except as shall be specified in the notice;
b
in addition to prohibiting the movement —
i
in the case of animal health aspects relating to products subject to one of the treatments referred to in Article 4 of Council Directive 80/215/EEC on animal health problems affecting intra-Community trade in meat pro ducts order the relevant treatment specified in that directive;
ii
in any other case order the batch to be destroyed or used in some other way.
2
Subject to the following paragraph, if an authorised officer of the Minister or a local authority establishes that the products do not meet an animal or public health condition relating to import he may, by means of a notice served on the person appearing to him to be in charge of the consignment prohibit the movement of the consignment except as specified on the notice.
3
If a notice is served under paragraph (2) above, the officer serving the notice shall serve on the person appearing to him to be the owner of the goods a notice —
a
ordering the destruction of the goods, or
b
if public and animal health considerations so permit, giving the person appearing to him to be the owner the choice of destroying the goods, or using the goods for such other purposes as may be specified in the notice, including returning them (with the authorisation of the competent authority of the country of the establishment of origin) to their country of origin.
4
If the only way in which the consignment fails to comply with legislation is irregularity in documentation, any notice specifying action under paragraph (3) above shall grant the consignor a period of seven days to produce the correct documentation before such action is taken.
5
In the event of a notice not being complied with, an authorised officer of the Minister or a local authority shall be empowered to destroy the goods.
6
The costs of returning the consignment, storing the goods, putting them to other uses or destroying them shall be borne by the consignee, unless destroyed under the provisions of paragraph (1) above, in which case the costs shall be borne by the consignor or his agent.
7
An officer of a local authority exercising any of the powers under this Regulation shall forthwith notify the appropriate Divisional Veterinary Officer of any findings arrived at, the decisions taken and the reasons for such decisions.
Repeated irregularities
11
Where in accordance with Article 8.1 of Council Directive 89/662/EEC another member State has notified the Minister of repeated irregularities concerning products of animal origin from an establishment in Great Britain, the Minister and the local authority shall intensify checks on products coming from the establishment in question, and if there are serious animal or public health grounds, suspend any approval granted to that establishment.
Defence
12
It shall be a defence for any person charged with an offence relating to accompanying documentation under Regulations 8 or 9 above to prove —
a
that the consignment received was part of a larger consignment which was consigned to another address,
b
that the batch had, so far as he was aware, the correct documentation at the time of delivery, and
c
that he believed that the documentation would be delivered to the point of final destination of the last part of the batch.
PART III
THIRD COUNTRY TRADE
Application of Part III
13
This Part of these Regulations shall have effect in relation to imports of products of animal origin (except for aquaculture products which are not for human consumption) from countries which are not member States and including —
a
an import through another member State in the circumstances set out in Articles 8.4 and 11.2.b of Council Directive 90/675/EEC , and
b
goods which are intended to be placed in a customs warehouse or free zone or free warehouse.
Border inspection posts
14
1
A local authority in whose area there is a border inspection post and which is enforcing these Regulations shall appoint an official veterinary surgeon (or, in the case of a post which will only carry out checks in accordance with Regulation 16 below, an authorised officer of the local authority) together with such assistants as may be necessary to be in charge of all checking and certification under this Part of the Regulations at the post, and including —
a
carrying out or supervising all necessary checks,
b
signing all necessary certificates and certified copies,
c
retaining original certificates where necessary and issuing certified copies,
d
performing any other duties necessary for the enforcement of these Regulations at the post, and
e
executing and enforcing the relevant provisions of Council Directive 90/675/EEC .
2
No person shall import any product of animal origin except at a border inspection post.
3
The only products of animal origin which may be imported through a border inspection post are those listed opposite that border inspection post in Schedule 2.
4
If products are imported at any place other than a border inspection post, or at a border inspection post not authorised to accept those products, an authorised officer of the Minister or a local authority may, by notice in writing, require the person appearing to him to be in charge of the consignment to destroy it, re-export it, or move it to a border inspection post, in each case under the control and direction of the authorised officer.
5
In the event of a notice not being complied with, an authorised officer of the Minister or a local authority may destroy the products.
6
The costs incurred in destroying, storing or transporting the products shall be borne by the importer or his agent.
7
The operator of any place of import other than a border inspection post who becomes aware of the importation of any product of animal origin which should havebeen imported through a border inspection post shall immediately detain the consignment, notify the local authority for the point of import and shall not release the consignment until authorised in writing to do so by an officer of the Minister or of the local authority.
Import procedure
15
1
No person shall import any product of animal origin (except fishery products or live bivalve molluscs) unless he has given to the official veterinary surgeon through the local authority for the border inspection post —
a
for consignments arriving by air, notice of arrival given during the working day of the border inspection post and giving at least six hours notice of arrival;
b
in any other case, notice of arrival of at least one working day of the border inspection post.
2
The notice referred to in paragraph (1) above shall be in accordance with Article 4.4 of Council Directive 90/675/EEC .
3
No person shall remove any product of animal origin to which this Regulation applies from customs temporary storage arrangements except as provided for in Regulations 16(2), 18 or 19 below unless there has been provided to the Customs and Excise —
a
the certificate signed by the official veterinary surgeon and issued under Article 10.1, second indent, of Council Directive 90/675/EEC that the veterinary checks (or, in the case of Articles 8.4 and 11.2.b of that directive dealing with deferred checks, or Article 12 of that directive dealing with the transit of products from one third country to another, the checks specified in those articles) have been carried out on the products in question in accordance with Articles 4 and 8 of that directive to his satisfaction, and
b
proof that those checks have been paid for, and that, where relevant, a deposit covering any costs provided for in Article 16(3) of that directive has been lodged with the local authority.
4
The official veterinary surgeon shall ensure that all checks required by Council Directive 90/675/EEC are carried out to his satisfaction, either by him or under his supervision, before he signs the certificate required under paragraph (3) above.
5
Before authorising the release of any products, the official veterinary surgeon shall, in cases where there is a doubt whether such product should be released, consult the appropriate Divisional Veterinary Officer, and following such consultation shall take no further action without first informing him.
Import procedure on fishery products
16
1
In the case of the importation of fishery products or live bivalve molluscs the prohibitions and procedures in Regulation 15 shall apply except that all powers and duties of an official veterinary surgeon shall be carried out by an authorised officer of the local authority.
2
Where an authorised officer of a local authority is satisfied that the movement of these products would not give rise to a public or animal health risk he may authorise their removal from customs temporary storage arrangements under customs control to different customs temporary storage arrangements at the same border inspection post for the checks to be carried out.
Free zones and free warehouses
17
A person transporting products of animal origin between customs temporary storage arrangements and a free zone or free warehouse, or from one free zone or free warehouse to another, shall only do so —
a
under customs control;
b
by means of transport sealed by the official veterinary surgeon or a person under his supervision (or, in the case of fishery products or live bivalve molluscs, an authorised officer of the local authority);
c
if the products are accompanied by a document signed by the official veterinary surgeon (or, in the case of fishery products or live bivalve molluscs, an authorised officer of the local authority) specifying which checks have been carried out.
Transhipment under customs control
18
1
This Regulation applies to the transhipment of products of animal origin between one aircraft or vessel and another connecting two countries, neither of which is a member State and where the products do not leave customs control and do not leave the border inspection post of arrival except for re-exportation.
2
No person shall carry out a transhipment to which this Regulation applies unless the notice provided under Regulations 15 or 16 also specifies the means by which the products will be transhipped, and the vessel or aircraft to which they are to be transhipped.
3
When the transhipment entails the products being temporarily stored with a view to being forwarded to a predetermined third country, the official veterinary surgeon (or, in the case of fishery products and live bivalve molluscs, an authorised officer of the local authority) shall —
a
carry out a documentary and identity check of the products;
b
serve a notice on the person having control of the products specifying the time by which the products must leave Great Britain.
4
If a notice served under the preceding paragraph is not complied with, the products shall be dealt with in accordance with Regulations 15 or 16.
Consignments posing a risk to health and illegal consignments
19
1
Subject to paragraphs (2) and (3) below, where checks at the border inspection post reveal that a consignment of products of animal origin does not comply with animal or public health conditions relating to import or, in the opinion of the official veterinary surgeon, constitutes a risk to animal or human health, an official veterinary surgeon or person acting under his supervision, after consulting the importer or his representative, shall have power to serve on the importer or his agent a notice —
a
permitting the use of the products for purposes other than human consumption if this is authorised under rules made under Article 16.2 of Council Directive 90/675/EEC ;
b
ordering the re-dispatch of the consignment outside the European Economic Community; or
c
ordering the destruction of the consignment.
2
Subject to paragraph (3) below, where products of animal origin do not comply with animal or public health conditions but are intended for re-export, the importer may, with the authorisation in writing of the official veterinary surgeon, transport the products for storage in a free zone or free warehouse and store them there provided that —
a
they correspond with their accompanying documents;
b
they are stored in separate rooms from the products destined to be put into free circulation in the territory of the European Economic Community;
c
they are not released except to a country outside the European Economic Community in accordance with Article 12 of Council Directive 90/675/EEC ;
d
the importer has produced to the person operating the free zone or warehouse evidence that the local authority for the free zone or warehouse does not oppose the introduction of these products;
e
the official veterinary surgeon for the border inspection post of importation has specified the fact of the passage or storage of the products on the veterinary certificates or documents;
f
the means of land transport is cleansed and disinfected to the satisfaction of the local authority of the free warehouse or free zone before being used for further transport;
g
while they are there, they do not undergo any transformation other than dividing up the consignment.
3
In the case of fishery products and live bivalve molluscs, the powers of the official veterinary surgeon shall be exercised by an authorised officer of the local authority.
4
In the event of a notice not being complied with, the person serving the notice shall be empowered to destroy the consignment.
5
Any notice served under this regulation shall state the reasons for the decision.
6
The importer shall be liable for any costs incurred under this regulation.
PART IV
THIRD COUNTRY TRADE IN AQUACULTURE PRODUCTS
20
This Part of the Regulations shall have effect in relation to imports from countries which are not member States of aquaculture products which are not for human consumption, including in the circumstances set out in Regulation 13(a) and (b) above.
21
The provisions of Part III of these Regulations shall apply to aquaculture products as they apply to other imports, except that all duties placed on the official veterinary surgeon shall be performed by an officer of the Minister.
PART V
GENERAL
Enforcement powers
22
1
An authorised officer of the Minister or of a local authority shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any business premises for the purposes of ascertaining whether there is or has been on the premises any breach of animal or public health conditions relating to the importation of products of animal origin, or whether there are any products on the premises in respect of which an offence may have been committed under these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
In enforcing these Regulations, an authorised officer of the Minister or of a local authority shall have the right to —
a
carry out inspections of premises, installations, means of transport, plant and equipment used for or relating to products of animal origin, cleaning and maintenance products, procedures used for the production and processing of products of animal origin and the marking and labelling and presentation of those products;
b
carry out checks on whether staff comply with the requirements of regulations relating to animal and public health;
c
take samples to establish whether or not these Regulations are being complied with, and detain products of animal origin pending the analysis of those samples by notice served on the person in charge of the products;
d
examine documentary or computer material relevant to their powers;
e
take with him a representative of the European Commission who is acting as an inspector for the purposes of Council Directives 89/662/EEC or 90/675/EEC .
3
If a justice of the peace, or in Scotland the sheriff, on sworn information in writing,is satisfied that there is reasonable ground for entry into any premises for any of the purposes of this regulation and either —
a
that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply has been given to the occupier; or
b
that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice or sheriff may by warrant signed by him, and valid for one month, authorise the authorised officer to enter the premises, if need be by reasonable force.
Serious threats to health in other countries
23
1
This Regulation shall apply where the Minister or the Secretary of State learns, either under the procedures set out in Article 9 of Council Directive 89/662/EEC or Article 19 of Council Directive 90/675/EEC or through any other means of the presence in any other country of a disease referred to in Council Directive 82/894/EEC , a zoonosis or any other disease or phenomenon liable to present a serious threat to public or animal health.
2
In the circumstance described in paragraph (1) above, the Minister or Secretary of State may, for the purpose of preventing the spread of disease in Great Britain, by a declaration to be published in such manner as he thinks fit, give notice of the existence of any disease or zoonosis or other cause likely to constitute a serious hazard in another country, the area affected, and the types of products of animal origin affected.
3
Upon such declaration being made any product of animal origin entering Great Britain which is the subject of the declaration shall be in breach of the animal or public health conditions relating to the import of the product.
4
A declaration made under this Regulation may specify conditions under which the product which is the subject of the declaration may be imported.
Notification of decisions
24
If the consignor or his representative so requests, any decision taken refusing entry or varying the conditions of entry shall be forwarded to him in writing by the person taking the decision, giving the reasons for the decision and the details of his right of appeal against the decision, including the relevant time limits.
Returns
25
Local authorities shall send to the Minister (or, in Scotland and Wales, the Secretary of State) —
a
details, categorised by country of origin and including a description of the product concerned, of consignments checked by them which have been refused, re-dispatched, destroyed or authorised for use other than for human consump tion, and the reason for such action;
b
a list of all samples taken by them for the purposes of laboratory analysis, and the results of such analysis;
c
the total number of consignments checked by them, and the total weight of the consignments categorised by product and by country of origin.
Obstruction
26
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations,
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
27
1
Where a body corporate is guilty of an offence under these Regulations, and that offence 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
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committeed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Penalties
28
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under Regulation 26(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both;
b
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both.
Disapplication
29
1
The provisions listed in Part I of Schedule 4 shall not apply to products of animal origin to which these Regulations apply.
2
The provisions listed in Part II of Schedule 4 shall not apply to products of animal origin to which these Regulations apply imported from other member States.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is affixed on
John Selwyn Gummer
Minister of Agriculture Fisheries and Food
22nd December 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
23rd December 1992


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Halton General Hospital National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Halton General Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Halton General Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at The Halton General Hospital, Hospital Way, Runcorn, Cheshire WA7 2DA.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Halton Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Halton Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Halton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Title and commencement
1
These Regulations may be cited as the Poultry Meat (Hygiene) (Amendment) Regulations 1992 and shall come into force for the purposes of regulations 6, 7, 9, 10 and 16 on 1st October 1992 and for all other purposes on 1st January 1993.
Amendments
2
The Poultry Meat (Hygiene) Regulations 1976 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) (interpretation) after the definition of “transport” there shall be inserted the following definition —
“veterinary officer” means a veterinary officer appointed by the Minister;
.
4
In regulation 3 (sale of poultry meat) —
a
in paragraph (1) after the words “no person shall” there shall be inserted the words “, on or after 1st January 1993,”; and
b
in paragraphs (1)(a)(i) and (1)(b)(i) —
i
for the words “a local authority” there shall be substituted the words “the Minister”; and
ii
after the word “supervised” there shall be inserted the words “by a local authority”.
5
In regulation 4 (exemptions) —
a
in paragraph (1) for the words “the local authority” in both places where they occur there shall be substituted the words “the Minister”; and
b
sub-paragraphs (1)(a) and (b) and paragraphs (4), (5) and (6) shall be deleted.
6
In paragraph (2) of regulation 11 (slaughterhouses and cutting premises to be licensed) for the words “the local authority” there shall be substituted the words “the Minister”.
7
For regulation 12 there shall be substituted the following regulation —
Licences and application for licences
12
1
Where the Minister receives from the occupier of, or a person proposing to occupy, any premises, an application for the grant of a licence authorising him to occupy those premises as a slaughterhouse or cutting premises, as the case may be, then the Minister shall request a veterinary officer to inspect the premises and, if he is satisfied, to certify that —
a
the requirements of Schedule 3 are complied with; and
b
the requirements of Schedules 1 or 2, as the case may be, are, or within a reasonable time will be, complied with.
2
If the Minister is satisfied that such prescribed requirements are or will be complied with, he shall, subject to paragraph (6) below, grant the licence in accordance with the application. If he is not so satisfied he shall refuse to grant the licence.
3
The Minister shall notify the local authority in writing of each such application.
4
Where a local authority has been notified under paragraph (3) above of an application for the approval of any premises, it must, within 14 days after the receipt of such notification, submit to the Minister —
a
written notification that it is making arrangements for the appointment of an adequate number of official veterinary surgeons to supervise those premises under regulation 24; and
b
where appropriate, written representations relating to that application, a copy of which it shall send to the applicant.
5
Within 14 days after the receipt of a copy of any representations submitted by the local authority under paragraph (4) above the applicant may submit written observations on those representations to the Minister.
6
In determining whether or not to license any premises under paragraph (2) above the Minister shall have regard to —
a
any representations submitted by the local authority under paragraph (4) above; and
b
any observations submitted by the applicant under paragraph (5) above.
.
8
For regulation 13 there shall be substituted the following regulation —
Revocation of licences
13
The Minister may, at any time, revoke a licence granted by him under regulation 12 if, after an inspection of, or an inquiry into, the method of operation of the premises and a report by an official veterinary surgeon, a veterinary officer or a suitably qualified officer designated by the Minister, any requirement of Schedule 1, 2 or 3 of these Regulations is no longer being complied with in respect of the premises.
.
9
For regulation 14 there shall be substituted the following regulation —
Notification of refusal of licence
14
1
If the Minister refuses to grant a licence, or decides to revoke a subsisting licence, he shall forthwith give notice to the applicant and to the local authority of his decision in the matter and a statement of the grounds on which that decision was based shall be included in the notice.
2
Every notice under paragraph (1) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 15, and the time within which an appeal shall be lodged.
.
10
For regulation 15 there shall be substituted the following regulation —
Appeals Tribunal
15
1
Where the Minister has refused to license any premises under regulation 12 or has revoked the licence of any premises under regulation 13, the owner or occupier of, or the person proposing to occupy the premises may, within 21 days of being notified of that decision in accordance with regulation 14(2), appeal to a Meat Hygiene Appeals Tribunal.
2
The provisions of Schedule 15 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunal.
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that the issue of a licence under regulation 12 should not be refused by the Minister or reverses the decision of the Minister to revoke a licence under regulation 13, the Minister shall give effect to the determination of the Tribunal.
.
11
In regulation 16 (right to continue to use premises pending appeal) for the words “a local authority to cancel” there shall be substituted “the Minister to refuse a licence or to revoke” and for the words “the local authority was given” there shall be substituted the words “the Minister was given”.
12
In regulation 17 (temporary continuance of licence on death) for the words “the local authority” there shall be substituted the words “the Minister”.
13
Regulation 18 (form of application) and 19 (form of a licence) shall be deleted.
14
For regulation 20 (record of licence) there shall be substituted the following regulation —
Supply of information regarding licences
20
1
Subject to paragraph (2) below, the Minister shall, at the request of a local authority, supply to the authority —
a
copies of licences granted which are currently in force;
b
copies of licences that have expired or ceased to have effect for any reason;
c
the approval number of each licence; and
d
particulars of any exemption granted under regulation 4.
2
The Minister need not supply to a local authority under paragraph (1) above copies of any licence in respect of which a period of at least five years has elapsed since it expired or ceased to have effect
.
15
For regulation 21 (information to be supplied to the Minister) there shall be substituted the following regulation —
Information to be provided by local authorities
21
Each local authority shall provide the Minister with —
a
such information relating the execution of its duties under these Regulations as he may from time to time require;
b
details of existing licences granted by the local authority, within a reasonable time of request.
.
16
For regulations 22 and 23 (charges by local authorities) there shall be substituted the following regulation —
Validity of licences
22
1
Any licence previously granted under regulation 11(2) by the local authority shall cease to have effect from 31st December 1992.
2
Applications for the grant of a licence under regulation 11(2) may be made to the Minister from the date these Regulations come into force.
3
Any licence granted under regulation 11(2) by the Minister shall have effect from 1st January 1993 until it is revoked or until the licence holder dies and the licence expires in accordance with the provisions of regulation 17.
4
Any such licence shall be personal to the licence holder (including a body corporate) and shall not be transferable.
.
17
In regulation 30 (administration and enforcement), for paragraph (1) there shall be substituted the following paragraph —
1
These Regulations, except regulation 11(1) shall be executed and enforced by each local authority within its area and regulation 11(1) shall be executed and enforced by the Minister.
.
18
In sub-paragraph 1(v) of Schedule 1 (requirements applicable to occupiers of slaughterhouses) the words from “but in respect of slaughterhouses” to “15th February 1980;” shall be deleted.
19
In sub-paragraph 1(k) of Schedule 2 (requirements applicable to occupiers of cutting premises) the words from “but in respect of cutting premises” to “15th February 1980;” shall be deleted.
20
For Schedule 15 there shall be substituted Schedule 15 as set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
20th August 1992.
Cumberlege
Parliamentary Under Secretary of State for Health
20th August 1992
Wyn Roberts
Minister of State for Wales
21st August 1992


text:
1
This Order may be cited as the Aggravated Vehicle-Taking Act 1992 (Commencement) Order 1992.
2
The Aggravated Vehicle-Taking Act 1992 shall come into force on 1st April 1992.
Kenneth Baker
One of Her Majesty"s Principal Secretaries of State
Home Office
12th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Christie Hospital National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 2nd December 1992.
2
In this Order:
“the Authority” means South Manchester Health Authority;
“the Trust” means the Christie Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 7th September 1992, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust Property
2
On 2nd December the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th November 1992


text:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 7 and Transitional Provisions) Order 1992.
Interpretation
2
In this Order —
“the 1972 Act ” means the Town and Country Planning (Scotland) Act 1972 .
“the 1991 Act ” means the Planning and Compensation Act 1991 .
Provisions coming into force for certain purposes on 24th February 1992
3
Section 37 of the 1991 Act shall come into force on 24th February 1992 for the purpose of enabling the Secretary of State to make Regulations under section 84AA(10) of the 1972 Act.
Provisions coming into force on 26th March 1992
4
Subject to article 5 below, the following provisions of the 1991 Act shall come into force on 26th March 1992 —
Section 33
Section 35
Section 36, except so far as it relates to breach of condition notices
Sections 37 to 41
Section 43
Section 54
Section 56
Section 57 in so far as it relates to the provisions of Schedule 10 as referred to below
Section 61 in so far as it relates to the provisions of Schedule 13 as referred to below
Section 82
Section 84(6) so far as it gives effect to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order
Schedule 10 in so far as it relates to paragraphs 4 to 8, 10, 12 and 13
Schedule 13 in so far as it relates to the provisions of that Schedule as set out in the first column of Schedule 2 to this Order and where there is an entry against that provision in the second column of that Schedule to the extent therein provided
Schedule 19 in so far as it relates to the repeals in Part IV of Schedule 19 specified in Schedule 1 to this Order.
Transitional provisions
5
1
Until such time as section 42 of the 1991 Act is brought fully into force —
a
an enforcement notice which relates to a failure to comply with any condition or limitation relating to the carrying out of building, engineering, mining or other operations, in, on, over or under land and subject to which planning permission was granted for the development of that land, may be issued only within the period of four years from the date of the breach; and
b
nothing in section 83B(3) of the 1972 Act prevents an enforcement notice which relates to a breach of planning control (other than a breach falling within section 83B(1) or (2) of the 1972 Act or paragraph (a) above) being issued where it appears to the planning authority that the breach occurred after the end of 1964.
2
Subject to paragraph (3), the commencement of paragraph (b) of section 83B(4) shall not permit the taking of further enforcement action in respect of any existing breach of planning control where, immediately before the commencement of that paragraph, the planning authority could not have issued an enforcement notice relating to that breach.
3
Paragraph (2) does not apply where any proceedings under the 1972 Act in respect of the breach pursuant to the issue or purported issue of an enforcement notice by the planning authority have not been finally determined before the commencement of paragraph (b) of section 83B(4).
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
20th February 1992


text:
1
This Scheme may be cited as the M1 Motorway (Junction 1 Improvement) Connecting Road Scheme 1992 and shall come into force on 7th May 1992.
2
The Secretary of State is authorised to provide a special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route connecting the northbound carriageway of the M1 Motorway with the westbound carriageway of the A406 North Circular Road from its junction with the existing M1 Motorway/Junction 1 roundabout, as proposed to be improved, for a distance of 0.60 kilometres.
3
The centre line of the new special road is indicated by a heavy black line on the plan contained in the plan folio numbered LRO 64/73/2/01 — 2 marked “The M1 Motorway (Junction 1 Improvement) Connecting Road Scheme 1992 ”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
I. Yass
Regional Director London Region
Department of Transport
27th April 1992


text:
Citation and interpretation
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No. 3) Order 1992.
Commencement
2
Paragraph 1 of Schedule 10 to the Local Government Finance Act 1992 shall come into force on 18th June 1992.
Michael Howard
Secretary of State for the Environment
17th June 1992
David Hunt
Secretary of State for Wales
17th June 1992


text:
Citation and commencement
1
1
This Order may be cited as the Birmingham Heartlands Development Corporation (Planning Functions) Order 1992.
2
This Order shall come into force on 1st July 1992.
Interpretation
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the development area” means the area designated as an urban development area by the Birmingham Heartlands Development Corporation (Area and Constitution) Order 1992 ; and
“the development corporation” means the Birmingham Heartlands Development Corporation.
Planning functions of the development corporation
3
Subject to the provisions of articles 5 and 6 of this Order —
a
the development corporation shall be the local planning authority for the whole of the development area for all the purposes of Part III of the 1990 Act in relation to all kinds of development;
b
the development corporation shall have in the whole of the development area the functions conferred by all the provisions of the 1990 Act and the Listed Buildings Act specified in Part I of Schedule 29 to the 1980 Act .
Modifications of provisions of the 1990 Act and the Listed Buildings Act
4
All the provisions of the 1990 Act and the Listed Buildings Act specified in Part II of Schedule 29 to the 1980 Act shall have effect in relation to the development corporation and to the development area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
5
1
This article applies as respects any application for planning permission under the 1990 Act or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
a
was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and
b
has not been determined when this Order comes into force.
2
a
Subject to sub-paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the applicationto the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.
b
Where an application relates to development or development of a class in respect of which there is in force a direction under article 14 of the Town and Country Planning General Development Order 1988 the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.
3
Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.
4
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.
Transitional provision: compensation
6
1
Where a right to compensation arises under sections 107 , 108, 115, 186 , 203 and 204 of the 1990 Act or sections 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.
2
Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.
3
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100 , 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Michael Heseltine
Secretary of State for the Environment
11th March 1992


text:
1
This Order may be cited as the Dartford-Thurrock Crossing Tolls Order 1992 and shall, in accordance with section 17(11) of the Act of 1988, come into force on 1st September 1992.
2
1
A toll shall be leviable in respect of each of the classes of vehicles set out in column (1) of the Schedule to this Order and shall be the amount which is set out or described opposite thereto in column (2) of that Schedule.
2
For the purpose of determining the class of vehicles to which a trailer belongs, a trailer which, when being drawn, is attached to the vehicle drawing it by partial superimposition shall be regarded as part of the vehicle drawing it and not as a separate vehicle.
3
The Dartford-Thurrock Crossing Tolls Order 1991 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th August 1992


text:
1
These Rules may be cited as the Court of Protection (Amendment) Rules 1992 and shall come into force on 24th August 1992.
2
The Court of Protection Rules 1984 (in these Rules called “the 1984 Rules”) shall be amended in accordance with the following provisions of these Rules.
3
In the Arrangement of Rules at the beginning of the 1984 Rules, after the words “82. Receivership fees” there shall be inserted the following: —
Treatment of structured payments, annuities etc.
82A
4
After rule 82 in the 1984 Rules there shall be inserted the following new rule —
Treatment of structured payments, annuities etc.
82A
1
Where —
a
any structured payment of damages, or
b
any payment which is intended as part of a series of payments which arise from an annuity, insurance bond or similar arrangement,
is made to or for the benefit of a patient, one half, and only one half, of any such payment shall be treated as income of the patient for the purpose of calculating any fee payable under these Rules which requires the ascertainment of the clear annual income at the patient’s disposal.
2
In paragraph (1), a structured payment of damages means a payment which —
a
arises from —
i
the judgment or award of any court, arbitrator or other competent body in England and Wales or elsewhere, or
ii
the settlement of any claim or potential claim under the law of England and Wales or any other place, whether before or after the commencement of any proceedings in respect of such a claim;
b
is made as part of a series of payments that are to be made from time to time until the death of the patient or some later date; and
c
is not the first payment to be made in the series.
3
For the purposes of paragraphs (1)(b) and (2)(b), payments may form part of a series notwithstanding that they —
a
consist of differing amounts, or
b
are payable at differing intervals.
Mackay of Clashfern, C.
23rd July 1992
We consent
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1992


text:
1
These Regulations may be cited as the Land Compensation (Additional Development) (Forms) Regulations 1992 and shall come into force on 12th March 1992.
2
In these Regulations any reference to a section is to a section of the Land Compensation Act 1961 and any reference to a numbered form is a reference to the form bearing that number in the Schedule to these Regulations, or to a form substantially to the same effect.
3
The prescribed forms of notice for the purposes of Part IV of the Land Compensation Act 1961 are —
a
for a notice under section 24(2) (notice of grant of planning permission for additional development on an application), form 1;
b
for a notice under section 25(2) (notice of proposal for additional development under planning permission granted otherwise than on an application), form 2; and
c
for a notice under section 26(3) (notice of additional Crown development), form 3.
Michael Heseltine
Secretary of State for the Environment
10th February 1992
David Hunt
Secretary of State for Wales
12th February 1992


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) (Amendment) Rules Approval Order 1992 and shall come into force on 15th December 1992.
2
The Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) (Amendment) Rules 1992 made on 16th October 1992 by the Insurance Brokers Registration Council under section 12 of the Insurance Brokers (Registration) Act 1977 and paragraph 6(1), (2) and (3) of Schedule 15 to the Financial Services Act 1986, which are set out in the Schedule to this Order, are hereby approved.
N. Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
15th November 1992


text:
1
The fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Fees established and set out in Tables I and II of the Schedule to the Legal Officers (Annual Fees) Order 1991 shall no longer be payable.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1992 and shall come into operation on the first day of January 1993.
R. B. Gibson
A. K. L. Black
J. C. Broadhurst
+ Peter Crediton
D. Lovelock
Dated this 14th day of May 1992
Approved by the General Synod
P. J. C. Mawer
Secretary-General
the 11th day of July 1992


text:
Title, commencement and duration
1
1
This Order may be cited as the Mink Keeping Order 1992 and shall come into force on 1st January 1993.
2
This Order shall cease to have effect on 1st January 1998.
Interpretation
2
In this Order —
“ the Act ” means the Destructive Imported Animals Act 1932;
“mink” means the animal of the species Mustela vison.
Keeping of mink
3
1
The keeping of mink is prohibited absolutely —
a
on any off-shore island of Great Britain other than the Isle of Wight and the Isle of Arran (including the neighbouring Holy Island);
b
in the Caithness District of the Highland Region of Scotland;
c
in the Sutherland District of the Highland Region of Scotland.
2
The keeping of any mink within the remainder of Great Britain is prohibited, except under a licence granted under the Act.
Exceptions to application of the Act
4
In the application of the Act in relation to mink, there shall be omitted section 5(2) and 6(1)(f) and in section 6(1) the reference to a penalty in the case of an offence under paragraph (f).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
13th November 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
12th November 1992
David Hunt
Secretary of State for Wales
12th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bromley Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bromley Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bromley Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Farnborough Hospital, Farnborough Common, Orpington, Kent BR6 8ND and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bromley Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Bromley Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non — executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub — committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bromley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
These Regulations may be cited as the Industrial Assurance (Fees) Regulations 1992 and shall come into force on 1st April 1992.
2
In the Regulations “ the Act ” means the Industrial Assurance Act 1923.
3
The fees set out in the Schedule hereto shall be payable in respect of the matters set out therein.
4
The Industrial Assurance (Fees) Regulations 1991 are hereby revoked.
Rosalind Gilmore
Industrial Assurance Commissioner
27th February 1992
We approve these Regulations,
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chorley and South Ribble National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Chorley and South Ribble National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Chorley and South Ribble National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Chorley and District Hospital, Preston Road, Chorley PR7 1PP and associated hospitals;
b
to manage community health services provided from Chorley and District Hospital, Preston Road, Chorley PR7 1PP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Chorley and South Ribble Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Chorley and South Ribble Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the Chorley and South Ribble Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Borough of Ynys Môn — Isle of Anglesey (Electoral Arrangements) Order 1992.
2
This Order shall come into force on the ordinary day of election of councillors (within the meaning of section 37 of the Representation of the People Act 1983 ) in 1995 except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1994.
3
1
The existing wards of the Borough of Ynys Môn — Isle of Anglesey shall be abolished and that Borough shall be divided into forty wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the existing areas specified opposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each ward constituted by this Order shall be one.
4
The ordinary elections of all councillors for the Borough of Ynys Môn — Isle of Anglesey shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 1995 and every fourth year thereafter.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd November 1992


text:
Citation
1
This Order may be cited as the Finance (No. 2) Act 1992 (Commencement No. 4 and Transitional Provisions) Order 1992.
Interpretation
2
In this Order —
“ the Act ” means the Finance (No. 2) Act 1992;
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the 1983 Act ” means the Value Added Tax Act 1983 ;
“Community external transit operation” means an importation which takes place after 31st December 1992 where the goods are covered by a declaration in form T1;
“Community internal transit operation” means an importation which takes place after 31st December 1992 where —
the goods are covered by a declaration in form T2, by a form T2L or by a Community movement carnet; or
the goods have been sent by post;
“Community transit goods” has the same meaning as in section 1(1) of the 1979 Act;
“customs warehouse” has the same meaning as in Article 4(a) of Council Regulation ( EEC ) No. 2503/88 ;
“duty” includes any duty of customs or excise and any agricultural levy;
“excise duty point” has the same meaning as in section 1(1) of the 1979 Act ;
“excise warehouse” has the same meaning as in section 1(1) of the 1979 Act;
“free zone” has the same meaning as in Article 4(a) of Council Regulation (EEC) No. 2504/88 ;
“goods in temporary storage” has the same meaning as in Article 16 of Council Regulation (EEC) No. 4151/88 ;
“means of transport” has the same meaning as in Article 1(2)(f) of Council Regulation (EEC) No. 1855/89 ;
“non-Community goods” has the same meaning as in Article 1(2)(f) of Council Regulation (EEC) No. 4151/88 ;
“suspension arrangements” has the same meaning as references to that expression have for the purposes of section 1 of the Act.
Commencement
3
The provisions of the Act specified in the first column of the Schedule to this Order shall, insofar as they are not already in force, come into force on 1st January 1993.
Transitional Provisions relating to Value Added Tax
4
1
Subject to the following provisions of this article and except where article 5 below applies, none of the amendments to the 1983 Act made by the provisions brought into force by this Order shall have effect in relation to any importation of goods where —
a
a relevant import arrangement applies to the goods before 1st January 1993; and
b
that relevant import arrangement has not ceased to apply to the goods before 1st January 1993.
2
In paragraph (1) above and articles 5 and 7 below —
“relevant import arrangement” means any of the following circumstances applicable to the importation of the goods:
a
the goods are Community transit goods;
b
the goods are put in a customs warehouse or an excise warehouse;
c
the goods are moved into a free zone;
d
the goods are goods in temporary storage;
e
the tax chargeable on the importation of the goods is relieved by virtue of the Value Added Tax (Temporarily Imported Goods) Relief Order 1986 ;
f
the goods are the subject of a Community external transit operation where the goods were dispatched or their transport commenced before 1st January 1993;
g
the goods are the subject of a Community internal transit operation where the goods were dispatched or their transport commenced before 1st January 1993 for the purpose of delivering them to the recipient of a supply of the goods which is —
i
treated as taking place before 1st January 1993;
ii
made for a consideration; and
iii
made by a taxable person in the course or furtherance of a business carried on by him; or
h
the payment of any duty or tax is relieved or suspended, or would be if the goods were imported from a place outside the member States, by virtue of —
i
the Customs and Excise Duties (Personal Reliefs for Goods Temporar ily Imported) Order 1983 ;
ii
the Temporary Importation (Commercial Vehicles and Aircraft)
Regulations 1961 ;
iii
regulation 44 of the Value Added Tax (General)
Regulations 1985 ; or
iv
Council Regulation (EEC)
No. 3312/89 .
5
1
Where this article applies, the goods shall be treated as having been imported from a place outside the member States within the meaning of section 2B of the 1983 Act whether or not they would otherwise be treated as having been so imported.
2
This article applies where at any time after 31st December 1992 the relevant import arrangement which applied to the goods before 1st January 1993 has ceased to apply to them because —
a
any duty or tax which was or would have been relieved or suspended from payment by virtue of a relevant import arrangement has or would have become payable;
b
the goods have become liable to forfeiture by reason of —
i
the breach of any condition; or
ii
the commission of any offence,
relating to the relevant import arrangement; or
for any other reason, the circumstances described in article 4(2) above which were applicable to the importation no longer apply.
3
Where this article applies and the relevant import arrangement ceased to apply —
a
at a time when the goods were not in the United Kingdom;
b
by reason of the export of the goods to a place outside the member States;
c
to goods, other than a means of transport, which had been imported from another member State and —
i
which were subject to a relevant import arrangement within article 4(2)(e) or (h) above; and
ii
which have been exported to the member State from which they were imported and returned to the person who exported them; or
d
to goods consisting of a means of transport which were subject to a relevant import arrangement within article 4(2)(e) or (h) above and —
i
they have borne in their member State of origin or exportation the turnover or consumption taxes (including value added tax) to which goods of that class or description are normally liable and have not by reason of their exportation been subject to any exemption from, or refund of, value added tax;
ii
they were first used before 1st January 1985; or
iii
their value does not exceed £4,000,
no tax shall be chargeable in respect of the importation which is treated as having occurred by virtue of paragraph (1) above.
4
Where this article applies in respect of goods which have been imported from another member State and —
a
tax is chargeable in respect of the importation which is treated as having occurred by virtue of paragraph (1) above; and
b
had the goods been imported before 1st January 1993 and had a relevant import arrangement not applied to them, relief would have been available by virtue of the Value Added Tax (Goods Imported for Private Purposes) Order 1988 so as to reduce the amount of tax which would have been payable,
the tax chargeable shall be that reduced amount.
5
This article shall also apply when goods which were delivered before 1st January 1993 to the recipient of a supply of those goods which was made in another member State are used in the United Kingdom and —
a
no value added tax was chargeable in that member State in respect of that supply by reason of the export or intended export of the goods from that member State; and
b
the goods were not imported before 1st January 1993.
6
1
Subject to paragraph (2) below, where article 5 above applies and the goods were imported by a taxable person in the course of a business carried on by him, he shall account for the tax chargeable in the return for the prescribed accounting period in which the importation is treated as having occurred.
2
Paragraph (1) above shall not apply where —
a
article 5 above applies by reason of the removal of the goods from an excise warehouse and the person removing them is not the person who put them in the warehouse;
b
the goods are non-Community goods; or
c
the goods are chargeable with excise duty on their importation and —
i
the excise duty point is not fixed for a time later than the time when the goods became chargeable with the duty; or
ii
where no excise duty point has been fixed, no suspension arrangements applied to the goods.
7
Without prejudice to sections 16 and 23 of the Interpretation Act 1978 , where —
a
any provision of an order or regulations confers any right or power, or imposes any obligation, liability or condition, in relation to a relevant import arrangement; and
b
that provision is amended or revoked with effect from 1st January 1993,
it shall be treated for the purposes of articles 4 to 6 above as continuing in force and as if the amendment or revocation had not been made.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
17th December 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Imported Food (Safeguards against Paralytic Toxin) (Pectinidae from Japan) Regulations 1992 and shall come into force on 29th May 1992.
2
In these Regulations —
“the Act” means the Food Safety Act 1990; and
“relevant bivalve mollusc” means a bivalve mollusc of the pectinidae family which has been —
harvested in Japan;
landed in Japan;
subjected to any process or preparation in Japan; or
consigned from Japan by way of export.
Prohibition of imports of relevant bivalve molluscs
2
No person shall import into Great Britain any food or food source comprising or containing a relevant bivalve mollusc or any food comprising or containing anything derived from a relevant bivalve mollusc by means of any process or preparation.
Offences
3
Any person who contravenes regulation 2 of these Regulations shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period 5 on the standard scale, or to both.
Application of provisions of the Food Safety Act 1990
4
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and, unless the context otherwise requires, a reference in them to the Act shall be construed as including a reference to these Regulations:
section 20 (offences due to fault of another person);
subsections (1), (5) and (6) of section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc. of officers); and
section 36 (offences by bodies corporate).
Enforcement and execution
5
1
Subject to paragraph (2) of this regulation, these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council; and
c
as respects each islands area or district in Scotland, by the islands or district council.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th May 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumbeilege
Parliamentary Under Secretary of State
Department of Health
7th May 1992
David Hunt
Secretary of State for Wales
7th May 1992
Hector Monroe
Parliamentary Under-Secretary of State, Scottish Office
7th May 1992