text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) Order 1993, shall apply to Great Britain, and shall come into force on 1st June 1993.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“authorised officer” means in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;
“collective warehouse” means any premises used for the storage or aggregation of consignments of relevant material;
“Commissioners” means the Forestry Commissioners;
“ Customs Act ” means the Customs and Excise Management Act 1979 ;
“ Dendroctonus micans protected zone” means the protected zone described in Schedule 6;
“Directive 77/93/ EEC ” means the Council Directive of 21st December 1976 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community , as amended by the instruments listed in Schedule 7;
“dispatching centre” means any premises from which relevant material may be consigned;
“dunnage” means loose wood of any kind used to wedge or support parts of a cargo to keep them steady;
“Euro-Mediterranean area” means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
“Europe” includes the Canary Islands, Belarus, Estonia, Latvia, Lithuania, Moldova, the Ukraine and Russia (except the regions of Buryat, Yakut and Tuva, the Altai, Khabarovsk, Drasnoyarsk and Maritime Krais, and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts), but does not include Cyprus or Turkey;
“European Community” means the European Economic Community, including the Isle of Man and the Channel Islands but excluding the Canary Islands, Ceuta, Melilla and the French Overseas Departments;
“forestry trader” means an importer of relevant material directly consigned from a third country, a producer, a person in charge of a collective warehouse or a dispatching centre, or a person who in the course of a trade or business divides up or combines consignments of relevant material;
“genetically modified tree pest” means a tree pest, the genetic component of which has been modified, and includes —
organisms and material which contain such a tree pest or parts thereof, and
any other modified organisms likely to be injurious to trees,
other than those organisms which, in the opinion of the Commissioners, have been modified to eliminate all pathogenic sequences;
“Great Britain” does not include the Channel Islands or the Isle of Man;
“growing medium” means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat whether used or unused, parts of plants, bark or other humus, or any other solid substance;
“importer” in relation to any tree pest or relevant material includes —
any person who (whether as owner, consignor or consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody or control of the tree pest or relevant material which is likely to be or has been landed in Great Britain from a third country; and
any person by whose action the tree pest or relevant material is likely to be or has been landed in Great Britain from a third country;
“industry certificate” means a certificate duly completed by a representative of a manufacturer or supplier of wood for export (including a wood shipping agent), being a manufacturer or supplier authorised by the Plant Protection Service of the exporting country, under arrangements approved by the Commissioners;
“inspector” means any person authorised by the Commissioners to be an inspector for the purposes of this Order;
“isolated bark” means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;
“landed” means introduced into Great Britain by any means and includes imported by post or introduced through the tunnel system as defined in the Channel Tunnel Act 1987 , and “land” and “landing” shall be construed accordingly;
“Member State” means a Member State of the European Community;
“North America” means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
“nursery” means premises wholly or partly used for the cultivation or keeping of trees for the purpose of transplantation or removal to other premises;
“official” in relation to any testing or any other procedure required by this Order to be carried out in respect of any relevant material means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and “officially” shall be construed accordingly;
“phytosanitary certificate” means a certificate duly completed either in the form set out in Part A of Schedule 9 or the equivalent written in a language other than English;
“place of production” means any premises, normally worked as a unit, together with any contiguous uncultivated land;
“plant passport” means a label and, where appropriate, an accompanying document containing the information set out in Schedule 8, issued by or with the authority of a Plant Protection Service in the European Community, and includes a replacement plant passport;
“premises” includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
“producer” means in relation to relevant material, a person who grows or makes the material in the course of a trade or business;
“protected zone” means a zone in the European Community —
in which one or more of the tree pests referred to in Directive 77/93/EEC , which are established in one or more parts of the European Community, are not endemic or established, despite favourable conditions for them to establish there; or
in which there is a danger that certain plant pests will establish themselves, given propitious ecological conditions, for particular trees, despite the fact that these organisms are not endemic or established in the European Community,
and which has been recognised in accordance with the procedure laid down in Article 16a of Directive 77/93/EEC ;
“reforwarding phytosanitary certificate” means a certificate duly completed either in the form set out in Part B of Schedule 9 or the equivalent written in a language other than English;
“register” means the register of forestry traders established under article 14;
“relevant material” means any tree, wood, isolated bark, used forestry machinery, soil or growing medium;
“relevant organism” means —
any tree pest specified in Schedule 1; or
in relation to relevant material of a description specified in Schedule 2, any tree pest of a description specified in that Schedule opposite the reference to that relevant material;
“seed” means seed in the botanical sense other than seed not intended for planting;
“soil” means material wholly or partly derived from the upper layer of the earth’s crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
“third country” means a country or territory other than one within the European Community;
“tree” means a living tree or shrub or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing material or container attached thereto or associated therewith, and a living part of a tree shall be deemed to include —
branches with or without foliage,
cut trees retaining foliage,
trees in tissue culture, and
fruit or seed of a tree;
“tree in tissue culture” means a tree growing in a clear liquid or clear solid aseptic culture medium in a closed transparent container;
“tree pest” means a pathogen, or any living organism, other than a vertebrate animal, in any stage of its existence, which is injurious to any tree or the wood thereof and includes a culture of such pathogen or organism and any genetically modified tree pest;
“wood”, save where expressly provided otherwise, means any log, sawn wood, and any dunnage, pallet, spacer, container or packing material consisting of wood, which retains some or all of its bark or any part of the natural round surface immediately below the bark and shall also include wood chips, particles, sawdust, wood waste or scrap.
2
Any reference in this Order to a particular tree pest shall be construed as a reference to such a pest in any stage of its existence.
3
Any reference in this Order to a Member State or a third country includes reference to a state, province or region in that Member State or that third country.
4
Any reference in this Order to a numbered article or a numbered Schedule shall be construed as a reference to the article or Schedule so numbered in this Order.
Prohibitions and restrictions on landing in Great Britain of tree pests and relevant material
3
1
No person shall land in Great Britain —
a
any tree pest of a description specified in Schedule 1;
b
any relevant material of a description specified in column 2 of Part A of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Part opposite the reference to that relevant material;
c
any relevant material of a description specified in column 2 of Schedule 3 which originates in a country specified in column 3 of that Part opposite the reference to that relevant material;
d
any tree pest which although not specified in Schedule 1 or in column 3 of Part A of Schedule 2 is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.
2
No person shall land in Great Britain any relevant material, consigned directly from a third country, which is of a description specified in column 2 of Part A of Schedule 4 unless the conditions specified in column 3 of that Part in relation to that relevant material are complied with.
Prohibitions and restrictions on introduction into protected zones of tree pests and relevant material
4
1
No person shall introduce into a protected zone described in column 2 of Part B of Schedule 2 any relevant material of a description specified in column 3 of that Part opposite the reference to that zone, where the relevant material carries or is infected with a tree pest of a description specified in column 4 of that Part opposite the reference to that relevant material.
2
No person shall land in Great Britain any relevant material, consigned directly from a Member State, which is of a description specified in column 2 of Part B of Schedule 4, unless the conditions specified in column 3 of that Part opposite the reference to that relevant material are complied with.
3
No person shall introduce into the Dendroctonus micans protected zone any relevant material, consigned directly from a Member State, which is of a description specified in column 2 of Part C of Schedule 4 unless the conditions specified in column 3 of that Part opposite the reference to that relevant material are complied with.
Prevention of the spread of tree pests within Great Britain
5
1
No person shall, without the authority of the Commissioners or an inspector, knowingly keep, store, sell, plant, move or otherwise dispose of —
a
any tree pest of a description specified in Schedule 1;
b
any relevant material of a description specified in column 2 of Part A of Schedule 2 carrying or infected with a tree pest of a description specified in column 3 of that Part in relation to that relevant material; or
c
any relevant material landed in contravention of article 3(1)(c) or (2).
2
Nothing in paragraph (1) above shall prohibit the destruction, or the delivery to an inspector, of any tree pest or relevant material referred to in that paragraph.
Prevention of the spread of tree pests within protected zones
6
No person shall, without the authority of the Commissioners or an inspector, knowingly keep, store, sell, plant, move or otherwise dispose of —
a
in a protected zone described in column 2 of Part B of Schedule 2, any relevant material of a description specified in column 3 of that Part where the material carries or is infected with a tree pest of a description specified in column 4 of that Part opposite the reference to that relevant material;
b
in Great Britain, any relevant material, consigned directly from a Member State, which is of a description specified in column 2 of Part B of Schedule 4 unless the conditions specified in column 3 of that Part opposite the reference to that relevant material have been complied with;
c
in the Dendroctonus micans protected zone, any relevant material, consigned directly from a Member State, which is of a description specified in column 2 of Part C of Schedule 4 unless the conditions specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
Restrictions on consignments to other Member States
7
1
No person shall consign directly from Great Britain to a Member State any relevant material of a description specified in column 2 of Part A of Schedule 5 unless the conditions specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
2
No person shall consign directly from Great Britain to a protected zone described in column 4 of Part B of Schedule 5 any relevant material of a description specified in column 2 of that Part opposite the reference to that protected zone, unless the conditions specified in column 3 of that Part opposite the reference to that relevant material have been complied with.
Requirements for plant passports
8
1
No person shall —
a
land in Great Britain any relevant material (other than used forestry machinery), consigned directly from a Member State, of a description specified in column 2 of Part B of Schedule 4; or
b
move within Great Britain any relevant material (other than used forestry machinery) of a description specified in column 2 of Part B of Schedule 4,
unless that relevant material is accompanied by a plant passport valid for Great Britain.
2
No person shall —
a
introduce into the Dendroctonus micans protected zone any relevant material (other than wood of conifers in the form of dunnage or used forestry machinery), consigned directly from a Member State, of a description specified in column 2 of Part C of Schedule 4; or
b
move within the Dendroctonus micans protected zone any relevant material (other than wood of conifers in the form of dunnage or used forestry machinery), of a description specified in column 2 of Part C of Schedule 4,
unless that relevant material is accompanied by a plant passport valid for that protected zone.
3
No person shall consign directly from Great Britain to a Member State any relevant material of a description specified in column 2 of Part A of Schedule 5 unless that relevant material is accompanied by a plant passport.
4
No person shall consign directly from Great Britain to a protected zone described in column 4 of Part B of Schedule 5 any relevant material (other than used forestry machinery) of a description specified in column 2 of that Part opposite the reference to that protected zone unless that relevant material is accompanied by a plant passport valid for that protected zone.
Requirements for certificates
9
1
Subject to the following provisions of this article and to article 10, no person shall land in Great Britain any relevant material of a description specified in column 2 of Part A of Schedule 4 which is directly consigned to Great Britain from a third country, unless that relevant material is accompanied by the certificate, if any, referred to in column 4 of that Part opposite that description, issued in the country in which the relevant material was grown or originated.
2
Where, after a phytosanitary certificate has been issued, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, that certificate shall be accompanied by a reforwarding phytosanitary certificate issued in that other country.
3
Where any relevant material which is of a description specified in column 2 of Part A of Schedule 4, following its export from Great Britain, is landed in Great Britain having been directly consigned from a third country, it shall be accompanied by a phytosanitary certificate issued in the country from which it was directly consigned to Great Britain.
4
A phytosanitary certificate required under Part A of Schedule 4 may be issued in a country other than the country of origin —
a
in relation to any wood, if the only condition specified with respect to the wood in Part A of Schedule 4 is a condition that the wood shall be stripped of its bark;
b
in relation to any other relevant material, to the extent that any condition specified in Part A of Schedule 4 can be fulfilled at a place other than in the country of origin.
Exceptions from the requirements for certificates
10
The requirements of articles 3(2) and 9 in respect of the provision of a phytosanitary certificate or an industry certificate shall not apply to any trees or wood not showing any signs of pest damage which are landed in Great Britain in the baggage of a passenger or other traveller and which —
a
are not intended for use in the course of trade or business;
b
are intended for household use;
c
have been grown in the Euro-Mediterranean area; and
d
are in one of the following categories, not exceeding the stated quantities —
i
parts of trees including dried cones, leaves and branches for decoration or which together form a single spray, one wreath or one cut coniferous tree less than 3 metres in height,
ii
seeds of Castanea (chestnuts), intended for human consumption, not exceeding 2 kilogrammes,
iii
tree seedlings, except in bonsai form, not exceeding 5 in number, or
iv
pieces of wood without bark, not exceeding 5 in number and not exceeding 1 metre in length.
Official statements
11
Any condition specified in column 3 of Part A of Schedule 4 requiring an official statement in respect of any relevant material shall be deemed to have been fulfilled by a phytosanitary certificate accompanying that relevant material in accordance with this Order.
General provisions relating to certificates
12
1
Where a phytosanitary certificate, reforwarding phytosanitary certificate or industry certificate is issued in a language other than English it shall incorporate or be accompanied by a translation into the English language, which translation, if it is a document separate from the certificate, shall, except in the case of an industry certificate, be completed and signed by an authorised officer.
2
Subject to paragraph (3) of this article, where a consignment of relevant material has been consigned between two or more countries before being consigned to Great Britain it may be accompanied in the place of any certificate required by this Order by a copy of such certificate issued in the country from which the consignment has been directly consigned to Great Britain and certified as a true copy of the original or a true copy of a certified copy of the original, as the case may be, by an authorised officer.
3
Paragraph (2) of this article shall not apply in the case of a reforwarding phytosanitary certificate issued in the country from which the consignment was directly consigned to Great Britain, in which case the original reforwarding phytosanitary certificate issued in that country shall accompany the consignment.
4
A certificate issued by or on behalf of a state, provincial or other regional or local government authority of part of a country, or by or on behalf of any department, service or other organ of such authority shall not be deemed to be a valid phytosanitary certificate or a valid reforwarding phytosanitary certificate for the purposes of this Order unless such authority is the only one empowered to issue, in relation to such part of the country, phytosanitary certificates or reforwarding phytosanitary certificates to accord with the requirements of this Order.
5
Except in the case of consignments imported into Great Britain by post, any phytosanitary certificate, reforwarding phytosanitary certificate or industry certificate shall —
a
in the case of imports by a forestry trader listed in the register referred to in article 14, be delivered, within three days of landing of the consignment, to an inspector;
b
in the case of imports by any other person, be delivered, together with the entry relating to the consignment, to the proper officer.
In this paragraph the expression “proper officer” has the like meaning as in the Customs Act and the reference to the entry shall be construed as reference to the entry, delivery of which is to be made in accordance with the provisions of that Act.
6
In the case of a consignment imported into Great Britain by post, any phytosanitary certificate, reforwarding phytosanitary certificate or industry certificate shall be affixed to the outside of the package comprising the consignment or, if the consignment consists of more than one package, such certificate shall be affixed to the outside of one of the packages and copies thereof affixed to the outside of each of the remaining packages.
7
All phytosanitary certificates, reforwarding phytosanitary certificates or industry certificates produced when a consignment of relevant material is landed in Great Britain shall be officially stamped showing the date of entry of the consignment.
Period during which inspections are to be made and certificates issued
13
1
Except for an official inspection which is required to be carried out for the purposes of making an official statement in accordance with a condition referred to in column 3 of Schedule 4, an inspection carried out for the purposes of issuing a phytosanitary certificate or a reforwarding phytosanitary certificate shall be carried out not more than 14 days before the date of the despatch of the consignment to which the inspection relates.
2
A phytosanitary certificate or a reforwarding phytosanitary certificate shall not be valid for the purposes of this Order unless it is completed and signed by an authorised officer not more than 14 days before the date of the despatch of the consignment which it is to accompany and after the carrying out of any inspection referred to in paragraph (1) of this article which relates to that consignment.
Register of forestry traders
14
1
The Commissioners shall establish and maintain a register of forestry traders listing the following particulars with respect to each forestry trader who applies for registration under article 15:
a
his name;
b
the address of any premises at which he carries on his trade or business;
c
details of any activities which he undertakes and to which this Order applies;
d
such other information as the Commissioners may determine; and
e
a registration number unique to the forestry trader.
2
The register shall be open to inspection by the Commission of the European Communities.
Registration procedure
15
1
Subject to paragraph 2, every forestry trader who is engaged in or intends to engage in the activities to which this Order applies shall apply to the Commissioners for listing in the register and the application for registration shall be made in writing and shall be in such form and contain such information as the Commissioners may from time to time require.
2
Paragraph (1) shall not apply to any forestry trader who does not import relevant material directly from third countries and who —
a
has his place of business in the Dendroctonus micans protected zone and whose entire production and sale of relevant material is intended for final usage in Great Britain by persons who are not involved in the production or sale of relevant material in the course of a trade or business; or
b
has his place of business in that part of Great Britain outside the Dendroctonus micans protected zone and whose entire production and sale of relevant material is intended for final usage in that part of Great Britain by persons who are not involved in the production or sale of relevant material in the course of a trade or business.
3
Every forestry trader, if listed in the register, shall notify the Commissioners immediately in writing of any change in the particulars listed with respect to him.
4
The Commissioners shall list in the register the particulars of a forestry trader on application under paragraph (1) above only if they are satisfied that he is able and willing to comply with the conditions specified in article 16(1).
Conditions for registration
16
1
A forestry trader listed in the register shall comply with the following conditions:
a
he shall keep an accurate, updated plan of the premises;
b
he shall keep a record of relevant material purchased by him or brought on to the premises for use on those premises, and of relevant material kept on those premises or disposed of from those premises;
c
he shall keep all documents, created for his retention or received by him, relating to the records kept under subparagraph (b) above, for at least one year from the date of their creation or receipt;
d
he shall designate an individual (whether himself or another) who is technically experienced in relation to the activities carried out on the premises and related plant health matters affecting the premises who shall be available to liaise with the Commissioners in relation to matters arising under this Order;
e
he shall ensure that his premises and relevant material there are examined at such times and in a manner specified in guidelines issued from time to time by the Commissioners;
f
subject to article 27, he shall allow any inspector to enter his premises in the exercise of his powers under this Order;
g
without prejudice to any other provision of this Order, he shall co-operate with the Commissioners and any inspector acting in the exercise of their powers under this Order.
2
In paragraph (1) above “premises” means, in relation to a forestry trader, any premises the particulars of which are listed in the register with respect to that forestry trader.
3
Where the Commissioners are satisfied that a forestry trader listed in the register —
a
has failed or is failing to comply with any of the conditions specified in paragraph (1), or
b
has failed to comply with a requirement duly made by an inspector under article 21,
they may suspend the listing of that forestry trader until they are satisfied that he is able and willing to comply with those conditions or that requirement.
Authority to issue plant passports
17
1
A forestry trader may apply to the Commissioners for authority to issue plant passports in relation to any relevant material to be moved from his premises.
2
An application under paragraph (1) above shall be in writing, shall give sufficient notice to allow the Commissioners to undertake any necessary examination of the forestry trader’s premises, and shall contain such particulars as the Commissioners may from time to time determine.
3
The Commissioners shall give their authority under paragraph (1) only if —
a
the applicant is listed in the register, and
b
having regard to any examination of the premises of the applicant and any relevant material there, they are satisfied that those premises or relevant material are free from any relevant organisms.
4
A statement of the Commissioners' authority to issue plant passports shall be given in writing and may be given subject to such conditions as they consider necessary, including a condition limiting the validity of any plant passport to be issued by the forestry trader concerned.
5
If, having regard to any examination of any premises and any relevant material there, the Commissioners are not satisfied that the premises or material are free from relevant organisms, or they consider that a trader has failed to meet any of the conditions set out in article 16(1), the Commissioners may suspend the operation of that authority entirely or in relation to specified premises or material.
6
If there is any change in the particulars listed in the register in respect of any forestry trader, any authority to issue plant passports given to that forestry trader shall be suspended until —
a
he notifies the Commissioners of that change pursuant to article 15(3), and
b
the Commissioners confirm in writing that his authority to use plant passports has been renewed.
7
Where the Commissioners are satisfied that a forestry trader listed in the register —
a
has failed to comply with any of the conditions for registration specified in article 16(1); or
b
has failed to comply with a requirement duly made by an inspector under article 21,
they may suspend or vary any authority to use plant passports given to that forestry trader.
General provisions relating to plant passports
18
1
A plant passport relating to any relevant material shall, insofar as it comprises an official label, be treated as accompanying any relevant material only if it is affixed to —
a
the relevant material,
b
the packaging of that material, or
c
the vehicle transporting that material.
2
A plant passport, insofar as it comprises an official label, shall be affixed in such a way that it cannot be re-used.
3
Any alteration or erasure of a plant passport shall automatically invalidate that plant passport, unless the alteration or erasure is certified by the forestry trader authorised to affix the plant passport.
4
No person shall affix a plant passport to any relevant material or cause a plant passport to accompany any such material unless he is authorised to do so by the Commissioners and the plant passport complies with the requirements of Schedule 8.
Notification of the presence or suspected presence of certain tree pests
19
1
The occupier or other person in charge of premises who knows or suspects that any tree pest to which this article applies is present on the premises, or any other person who, in the course of his duties or business, becomes aware or suspicious of the presence of such tree pest on any premises, shall immediately give notice to the Commissioners or an inspector of the presence or suspected presence of such tree pest and shall as soon as reasonably practicable after giving such notice confirm it in writing.
2
This article applies to any tree pest —
a
which is specified in Schedule 1 or in column 3 of Part A of Schedule 2;
b
which is mentioned in column 3 of Parts A and B of Schedule 4; or
c
which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain.
Notification of the likely entry into, or presence in, a free zone of tree pests or relevant material
20
1
The responsible authority for a free zone who knows or suspects that any of the things to which this article applies is likely to enter, or is present in, such a free zone, shall immediately give notice of that fact to the Commissioners or an inspector and shall as soon as reasonably practicable after giving such notice confirm it in writing.
2
This article applies to —
a
any tree pest specified in Schedule 1;
b
any relevant material, other than seeds, of a description specified in Schedule 2, carrying or infested by any tree pest specified in that Schedule opposite the reference to that relevant material; and
c
any relevant material, other than seeds, the landing of which in Great Britain is prohibited under article 3(1),
which has been, or is likely to be, landed in Great Britain, and has not been cleared from Customs charge.
3
In this article “the responsible authority” and “free zone” have the same meaning as in the Customs Act .
Actions which may be required by an inspector
21
1
Without prejudice to article 22, if an inspector has reasonable grounds for suspecting that any tree pest or relevant material is likely to be, or has been, landed in Great Britain in contravention of this Order he may by notice in writing served on a forestry trader or any person in charge of the vehicle, vessel, aircraft, hovercraft or freight container from which any tree pest or relevant material is likely to be or has been landed —
a
prohibit the landing;
b
specify the manner in which the landing is to be carried out and the precautions which are to be taken during and subsequent to the landing;
c
require any tree pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
d
prohibit the removal of any tree pest or relevant material from premises and for a period specified in the notice;
e
require the removal of any tree pest or relevant material from premises specified in the notice in such manner and within such reasonable time as may be so specified;
f
require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the introduction or spread of any tree pest in such manner and within such reasonable time as may be specified in the notice.
2
If an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises —
a
a tree pest of a description specified in Schedule 1;
b
any tree pest which is not normally present in Great Britain or elsewhere in the European Community and in respect of which there is, in the opinion of the inspector, an imminent danger of its spreading or being spread in Great Britain or elsewhere in the European Community;
c
any relevant material which is carrying or infected with, or which may be carrying or infected with, a tree pest mentioned in sub-paragraph (a) or (b) of this paragraph;
d
any relevant material the landing of which in Great Britain is prohibited under article 3(1) or the movement of which in Great Britain is restricted under article 5(1);
e
in any protected zone described in column 2 of Part B of Schedule 2, any relevant material the introduction of which into that zone is prohibited under article 4(1) or the movement of which within that zone is restricted under article 6,
he may by notice in writing served on the occupier or other person in charge of the premises or of any of the things mentioned in sub-paragraphs (a) to (e) above —
i
require any of the things so mentioned to be treated, destroyed or otherwise disposed of in such manner and within such reasonable time as may be specified in the notice;
ii
prohibit the removal of those things from premises specified in the notice or impose such other prohibitions as appear to the inspector to be necessary to prevent the spread of any tree pest;
iii
require the removal of those things to premises specified in the notice in such manner and within such reasonable time as may be so specified;
iv
require the taking of such other steps, specified in the notice, as appear to the inspector to be necessary to prevent the spread of any tree pest in such manner and within such reasonable time as may be specified in the notice.
3
If an inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of any tree pest from the premises mentioned in paragraph (2) of this article, he may by notice in writing served on the occupier or other person in charge of any other premises impose such prohibitions and require the taking of such reasonable steps, specified in the notice, as appear to him to be necessary for that purpose, such steps to be taken in such manner and in such reasonable time as may be specified in the notice.
4
Any notice served under paragraphs (1) to (3) of this article may define by reference to a map or plan or otherwise the extent of the premises referred to in the notice.
Actions which may be taken by an inspector
22
1
Without prejudice to article 21, and subject to article 27, if an inspector has reasonable grounds for suspecting that there is present or likely to be present on any premises anything of a description specified in sub-paragraphs (a) to (e) of article 21(2), he may after giving the occupier or other person in charge of the premises reasonable noticeof his intention and upon production if so required of his authority —
a
at all reasonable times, enter such premises, and
b
either on those premises or elsewhere take steps to destroy or treat in some other way any such thing found on the premises.
2
An inspector on entering any premises under paragraph (1) of this article may take with him such other persons, including representatives of the Commission of the European Communities, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by the Commissioners or an inspector, may remain on the land and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Miscellaneous provisions as to notices
23
1
A notice served under paragraph (1) or (2) of article 21 may specify one or more requirements or alternative requirements.
2
A notice served under paragraph (1)(c) or (2)(i) of article 21 (requiring any tree pest or relevant material to be treated, re-exported, destroyed or otherwise disposed of) may contain provisions deferring the treatment, re-exportation, destruction or disposal for such period and subject to such conditions, if any, as may be specified in the notice.
3
Where the treatment, re-exportation, destruction or disposal of any tree pest or relevant material has been deferred under paragraph (2) of this article, the person on whom the notice is served shall be permitted, within the period specified in the notice, to treat, re-export, destroy or otherwise dispose of the tree pest or relevant material. If the person on whom the notice is served fails to treat, re-export, destroy or dispose of the tree pest or relevant material within the period specified in the notice to the satisfaction of an inspector, the treatment, re-exportation, destruction or disposal required by the notice shall be carried out by that person within two days following the expiry of the period specified in the notice or within such shorter or longer period as may be specified in writing by an inspector.
4
Any treatment, re-exportation, destruction or disposal required by a notice served under article 21 shall be carried out by the person on whom the notice is served to the satisfaction of an inspector from or at a place designated by an inspector and, except with the written authority of an inspector or any other officer of the Commissioners, no tree pest or relevant material shall be moved otherwise than directly from or to such a place.
5
An inspector may amend or withdraw a notice served by an inspector under this Order, or having effect as if so served, by a further notice served on the person on whom the original notice was served or on the person who is the occupier or in charge of the premises in respect of which the further notice is intended to be served. The amendment or withdrawal of a notice may be subject to such conditions, if any, as the inspector considers expedient to impose for the purpose of preventing the introduction or spread of any tree pest or re-infection with or re-infestation by the tree pest to which the original notice relates.
6
A notice under this Order may be served on any person —
a
by delivering it to him personally;
b
by leaving it for him at his last known place of abode or business; or
c
by sending it through the post addressed to him at his last known place of abode or business,
and such notice may —
i
in the case of a body corporate, be served on the secretary or clerk of that body at the address of the registered or principal office of that body;
ii
in the case of a partnership, be served on a partner or person having the control or management of the partnership business or, in Scotland, the firm at the principal office of the partnership.
Examination, sampling and marking
24
1
For the purposes of enforcing the provisions of this Order and in particular —
a
ascertaining whether there is or has been any contravention of those provisions, or
b
carrying out an examination of a forestry trader’s premises or of relevant material on such premises in connection with the granting, withdrawing or suspending of any authority to issue a plant passport under article 17,
an inspector shall have a right on producing, if so requested, his authority, and subject to article 27, at all reasonable times to enter any premises.
2
An inspector entering premises by virtue of paragraph (1) above or of a warrant granted under article 27 may —
a
examine, photograph or mark any part of the premises or any object on the premises;
b
take samples of or from any tree pest or relevant material or from any container or package, or any material which has been or may have been in contact therewith; and
c
inspect or make copies of any documents or records (in whatever form they may be held) relating to the production of or trade in any relevant material.
3
An inspector entering premises by virtue of paragraph (1) above, or of a warrant granted under article 27, may take with him such other persons, including representatives of the Commission of the European Communities, and such equipment or vehicles as he considers necessary, and any such other persons may, whether or not accompanied by the inspector and on production, if so requested, of their authority given in that behalf by the Commissioners or an inspector, remain on and from time to time re-enter the premises with such equipment or vehicles as aforesaid, and carry out such work as the inspector may direct in the exercise of his functions under this Order.
4
An inspector may, for the purpose of exercising any of his functions under paragraph (2) above, open, or authorise any person to open on his behalf, any container or package, or require the owner or person in charge of any container or package to open it.
5
Where any such record as is mentioned in paragraph (2)(c) is kept by means of a computer, an inspector may —
a
have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the record, and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
6
An inspector may, so far as necessary to enable him to exercise any of the powers conferred by paragraph (2) above, prohibit entirely or to such extent as he may specify the movement of any tree pest or relevant material, container or package, or any material which may have been in contact therewith.
Information as to compliance with notices
25
1
The person on whom a notice has been served under this Order or under an Order revoked by this Order shall, if so required by an inspector, immediately inform the inspector whether the requirements of the notice have been complied with and, if they have been complied with, of the details of the steps taken in order to comply with those requirements.
2
Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.
Failure to comply with a notice
26
1
Subject to article 27, if any person fails to comply with the requirements of a notice served or having effect as if served under this Order then, without prejudice to any proceedings consequent upon such failure, an inspector may, on production if so required of his authority, at all reasonable times for the purposes of this Order enter any premises in which any tree pests or relevant material to which the notice relates may be present and take or cause to be taken such steps as appear to him to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out and all reasonable costs of taking such steps shall be recoverable by the Commissioners as a debt from the person on whom the notice was served.
2
An inspector entering any premises under paragraph (1) above may take with him such persons, including representatives of the Commission of the European Communities, and such equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under that paragraph, and such other persons whether or not accompanied by the inspector, upon production if so required of their authority given in that behalf by the Commissioners or an inspector, may remain on the premises and from time to time re-enter with such equipment and vehicles as aforesaid, and carry out such work for the purposes aforesaid and in such manner as the inspector may direct.
Power to enter premises used wholly or mainly as a dwelling
27
1
The power to enter premises conferred by articles 22, 24 and 26 of this Order may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by —
a
in England and Wales, a justice of the peace; or
b
in Scotland, a sheriff or a justice of the peace.
2
A justice of the peace or sheriff may grant a warrant under paragraph (1) of this article only if he is satisfied —
a
that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
b
that there are reasonable grounds for entry under article 22, 24 or 26, as the case may be.
3
A warrant granted under paragraph (1) of this article shall remain in force —
a
for one month; or
b
until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.
Licences
28
Notwithstanding the provisions of this Order, any tree pest or relevant material may be landed, kept, stored, sold, planted, moved or otherwise disposed of in Great Britain and any other thing prohibited by this Order may be done under the authority of a licence, whether general or specific, granted by the Commissioners in exercise of any derogation whether specific or general permitted by Directive 77/93/EEC .
Powers of an officer of Customs and Excise
29
1
An inspector may request an officer of Customs and Excise (either orally or in writing) to prohibit the removal of any tree pest or relevant material which has not been cleared from Customs charge until it has been examined by an inspector and such request may identify the tree pest or relevant material in any way. A request made orally under this paragraph shall be confirmed in writing.
2
Where a request has been made under paragraph (1) above, the officer of Customs and Excise shall, by notice in writing served upon the importer, require that, until the tree pest or relevant material has been examined by an inspector, it shall not be removed from the place specified in the notice and he shall at the same time inform an inspector of the contents of the notice.
3
An inspector shall, without undue delay, examine any tree pest or relevant material in respect of which a notice has been served by an officer of Customs and Excise under this article and shall advise that officer in writing of the terms of any notice issued and of any other action taken by the inspector in accordance with this Order.
4
Where an officer of Customs and Excise has served a notice under paragraph (2) above prohibiting removal of any tree pest or relevant material, nothing to which the notice relates shall be removed by any person except with the written authority of either the said officer or an inspector.
Information to be given
30
1
Any person who —
a
is the owner or occupier or other person in charge of premises in respect of which a notice has been served under this Order;
b
has or has had or is reasonably suspected by an inspector or any other officer of the Commissioners to have or have had in his possession or under his charge —
i
any tree pest which is specified in Schedule 1, column 3 of Part A of Schedule 2, or column 4 of Part B of Schedule 2;
ii
any tree pest which is not normally present in Great Britain and which is likely to be injurious to trees in Great Britain;
iii
any relevant material carrying or infected with a tree pest mentioned in paragraph (1)(b)(i) or (ii) of this article; or
iv
any relevant material which an inspector or any other officer of the Commissioners knows to have been landed or suspects has been landed in, or exported from, Great Britain; or
c
as auctioneer, salesman or otherwise, has sold, offered for sale or otherwise disposed of any of the things mentioned in sub-paragraph (b) of this article,
shall, if so required by an inspector or any other officer of the Commissioners by notice in writing, give to the said inspector or officer within such reasonable time as may be specified in that notice, any information he may possess as to trees grown or products stored at any time on the premises mentioned in sub-paragraph (a) of this article, as to any of the things mentioned in sub-paragraph (b) of this article and as to the persons who have or have had or are likely to have or have had any of the last mentioned things in their possession or under their charge, and shall produce for examination by an inspector or other officer, any licences, declarations, certificates, plant passports, records, invoices or other documents relating to such things.
2
Any information given under this article shall not be used as evidence against the person giving the information in any prosecution, except in respect of an alleged failure to comply with this article.
Offences
31
1
A person shall be guilty of an offence if without reasonable excuse, proof of which shall lie with him —
a
subject to paragraph (2) below, he contravenes or fails to comply with a provision of this Order;
b
he contravenes or fails to comply with a provision or condition of a notice served, or licence granted, under this Order;
c
he intentionally obstructs an inspector or any person authorised by an inspector in the exercise of his powers given by or under this Order.
2
Paragraph (1)(a) above shall not apply where an article of any description is landed in Great Britain in contravention of a prohibition in this Order.
3
A person shall be guilty of an offence if, for the purpose of procuring the issue of a plant passport or a replacement plant passport, a phytosanitary certificate, a reforwarding phytosanitary certificate or a licence under this Order, he —
a
knowingly or recklessly makes a statement which is false in a material particular, or
b
intentionally fails to disclose any material information.
4
A person shall be guilty of an offence if he —
a
dishonestly issues a plant passport, or
b
dishonestly alters a plant passport affixed to any relevant material, or re-uses a plant passport.
5
A person guilty of an offence under paragraph (1), (3) or (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The Customs Act
32
The provisions of this Order shall apply without prejudice to the Customs Act.
Revocation and saving
33
1
The Orders specified in Schedule 10 are hereby revoked.
2
Subject to paragraph (3), any notice served or other thing done under an Order revoked by paragraph (1) shall have effect as if served, granted or done under the corresponding provision of this Order.
3
Any licence issued by the Commissioners under the Plant Health (Forestry) (Great Britain) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 17th May 1993.
P. J. Clarke
Secretary to the Forestry Commissioners


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Education (Welsh Agricultural College Higher Education Corporation) (Designated Staff) Order 1993 and shall come into force on 1st April 1993.
2
Those persons employed by a local education authority to work at the Welsh Agricultural College and who are named in the Schedule hereto are hereby designated for the purposes of section 127 of the Education Reform Act 1988.


text:
1
1
These Regulations may be cited as the Parking Attendants (Wearing of Uniforms) (London) Regulations 1993 and shall come into force on 5th July 1993.
2
In these Regulations —
“the 1984 Act ” means the Road Traffic Regulation Act 1984; and
“the 1991 Act ” means the Road Traffic Act 1991 .
2
1
All Functions conferred on parking attendants by or under the enactments mentioned in paragraph (2) below are prescribed for the purposes of section 63A of the 1984 Act.
2
Those enactments are —
a
section 99 of the 1984 Act;
b
section 66(1) of the 1991 Act;
c
section 69 of the 1991 Act; and
d
section 77(4) of the 1991 Act.
Signed by Authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
8th June 1993


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Distribution by Schools of Information about Further Education Institutions) (England) Regulations 1993 and shall come into force on 25th January 1994.
2
These Regulations apply only in relation to institutions in England.
Provision of information
2
The governing body of every maintained, grant-maintained or grant-maintained special school which provides secondary education and the proprietor of every city technology college or city college for the technology of the arts shall provide the categories of information specified in regulation 3 below to the persons specified in regulation 4 below.
3
The information to be provided is that published by the governing body of an institution within the further education sector under section 50 of the Further and Higher Education Act 1992 and made available by them for distribution by the governing body of the school or the proprietor of the college, as the case may be.
4
The information shall be provided by the governing body of the school or the proprietor of the college, in the form in which it is received for distribution from the governing body of the institution within the further education sector —
a
to all pupils who are in the second year of the fourth key stage ; or
b
if the number of copies of the information made available for distribution is less than the number of such pupils, to such number of pupils as the number of copies supplied allows, on a basis determined by the governing body or proprietor.
5
When the information relates to the academic year ending on 31st August 1993 it shall be provided by the governing body of the school or the proprietor of the college on or before 31st March 1994 and when it relates to any other academic year it shall be so provided on or before the 31st January which follows the end of that academic year.
Qualification of duties
6
The duties imposed on a governing body or proprietor by virtue of the foregoing provisions of these Regulations in respect of the provision of information apply only to the extent that that information is available to the governing body or proprietor before the latest occasion on which the information is required to be provided.
Amendment of the Education (Further Education Institutions Information) (England) Regulations 1993
7
1
Regulation 6 (time and manner of publication of information) of the Education (Further Education Institutions Information) (England) Regulations 1993 shall be amended as set out in this regulation.
2
Paragraph (2)(a) (which provides that information shall be published, when it relates to the academic year ending on 31st August 1993, on or before 31st January 1994) shall apply in respect of information published by the making of copies available without charge as set out in paragraph (3)(d) of regulation 6 as if for “31st January” there were substituted “28th February”.
3
In paragraph (3) —
a
the word “and” at the end of sub-paragraph (b) shall be omitted; and
b
there shall be inserted after sub-paragraph (c) the word “and” and the following sub-paragraph —
d
for distribution by the governing bodies of maintained, grant-maintained and grant-maintained special schools, which provide secondary education, and the proprietors of city technology colleges and city colleges for the technology of the arts, in any locality in which the institution provides education for the residents of that locality.
.
4
In paragraph (4) the words “and (d)” shall be inserted after the words “Paragraph (3)(c)”.
John Patten
Secretary of State for Education
20th December 1993


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Food Protection (Emergency Prohibitions) -(Paralytic Shellfish Poisoning) (No.5) Order 1993 and shall come into force at 1800 hours on 15th June 1993.
2
In this Order “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis, “mussels” means Mytilus Edulis, “razor clams” means Ensis s.p.p.and “relevant time” means one minute past midnight on 15th June 1993.
Designated circumstances
2
In the opinion of the Secretary of State, scallops, mussels and razor clams in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops, mussels or razor clams in the designated area.
Prohibited movement of scallops, mussels or razor clams
5
No person shall move any scallops, mussels or razor clams out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any scallops, mussels or razor clams taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops, mussels or razor clams which were taken from waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops, mussels or razor clams which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
15th June 1993


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1993 and shall come into force on 10th March 1993.
Specified bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs) —
a
Derbyshire Home Loans Limited;
b
Derbyshire Mortgages Limited;
c
Norwich & Peterborough (AMC) Limited;
d
Portman Financial and Mortgage Services Limited;
e
Portman Land Services Limited;
f
Portman Loans Limited;
g
Portman Mortgage Services Limited.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
2nd February 1993
We consent,
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
17th February 1993


text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day) Order 1993.
2
The day appointed for paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 6th April 1993.
Tim Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th March 1993


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) Regulations 1993 and shall come into force on 1st April 1993.
Revocations and transitional provisions
2
1
The Education (Teachers) Regulations 1989 , the Education (Teachers) (Amendment) ( No. 2) Regulations 1989 , the Education (Teachers) (Amendment) Regulations 1990 , the Education (Teachers) (Amendment) Regulations 1991 , the Education (Teachers) (Amendment) (No. 2) Regulations 1991 , the Education (Teachers) (Amendment) (No. 3) Regulations 1991 and the Education (Teachers) (Amendment) Regulations 1992 are hereby revoked.
2
Schedule 1 shall have effect as respects the transitional matters there mentioned.
Schools and institutions to which these Regulations apply and interpretation
3
1
Except where the context otherwise requires, in these Regulations —
a
a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school;
b
a reference to a further education institution is a reference to an institution, not being a school, which provides further education (whether or not it also provides higher education) and either —
i
is maintained by a local education authority; or
ii
is within the further education sector;
c
a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector;
d
a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
2
Except where the context otherwise requires, in these Regulations —
“authorisation” means an authorisation to teach granted to a person by the Secretary of State in accordance with Part III of Schedule 2;
“hearing impaired” means deaf or partially hearing;
“higher education” means education provided by any of the following courses —
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;
a course for the Certificate in Education;
a course in preparation for a professional examination at a standard higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business and Technician Education Council;
a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business and Technician Education Council;
“licence” means a licence to teach granted to a person by the Secretary of State in accordance with Part II of Schedule 2;
“licensed teacher” means a person to whom a licence has been granted;
“overseas trained teacher” means a person to whom an authorisation has been granted;
“qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly;
“recommending body” means —
in the case of a special school maintained by a local education authority or a county, controlled, aided or special agreement school which has no delegated budget, the local education authority;
in the case of such a school which has a delegated budget, the governing body of the school;
in the case of a grant-maintained school, the governing body of the school; and
in the case of a special school not maintained by a local education authority, the governing body of the school;
and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988;
“relevant employment” has the meaning assigned thereto by regulation 7;
“visually impaired” means blind or partially sighted.
3
In these Regulations —
a
any reference to the 1959 Regulations is a reference to the Schools Regulations 1959 (as from time to time in force) including those regulations as applied to teachers at special schools by regulation 16 of the Handicapped Pupils and Special Schools Regulations 1959 ; and any reference to an approval for the purposes of any provision of the 1959 Regulations shall be construed as including a reference to an approval which, by virtue of regulation 21 thereof, had effect as if given under that provision;
b
any reference to the 1975 Regulations is a reference to the Further Education Regulations 1975 ; and any reference to a prohibition or restriction under any provisions of those Regulations shall be construed as including a reference to one which, by virtue of regulation 4(3) thereof, had effect as if given under that provision;
c
any reference to the 1982 Regulations is a reference to the Education (Teachers) Regulations 1982 ;
d
any reference to the 1989 Regulations is a reference to the Education (Teachers) Regulations 1989 .
Approvals
4
Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case, and “approved” in relation to a course means approved by the Secretary of State.
Cross references
5
Except where the context otherwise requires any references in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHEREDUCATION INSTITUTIONS
Staffing of schools and further education institutions
6
1
At any school or further education institution there shall be employed a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils or students having regard to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or further education institution in question.
2
Without prejudice to the generality of paragraph (1) —
a
the staff of teachers employed at a school shall include a head teacher;
b
the staff of teachers employed at a further education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.
3
The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part IV of these Regulations.
PART III
PROVISIONS OF GENERAL APPLICATION
Employment to which Part III applies
7
This Part shall apply in relation to the employment of persons —
a
by a local education authority, as teachers (whether or not at a school or further education institution) or as workers with children or young persons;
b
by any other body, as teachers at a school or further education institution;
c
by the governing body of a school or further education institution as workers with children or young persons
and any reference in this Part to relevant employment is a reference to such employment.
Health standards — appointments
8
1
A person shall not be appointed to relevant employment unless his employers are satisfied as to his health and physical capacity therefor.
2
For the purpose of this regulation, where it appears to his employers reasonable so to do —
a
in the case of the first appointment as a teacher of a person in respect of whom the Secretary of State has been satisfied that he has the health and physical capacity for teaching, they may accept the Secretary of State’s conclusions in the matter;
b
in the case of any appointment to relevant employment of a person previously in such employment, they may rely upon the person’s medical record while in that employment.
Health standards — continued employment
9
1
A person in relevant employment shall not continue in that employment if his employers are satisfied that he has not the health or physical capacity therefor.
2
For the purposes of this regulation, where it appears to his employers that a person may no longer have the health or physical capacity for his employment —
a
they shall afford him an opportunity to submit medical evidence and make representations to them;
b
they shall consider such evidence and representations and any other medical evidence available to them, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;
c
they may require him, or at his request shall arrange for him, to submit himself for examination by a duly qualified medical practitioner appointed by them and, if without good cause he fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, they may reach a conclusion in the matter on such evidence and information as is available to them, notwithstanding that further medical evidence may be desirable.
3
At any time before such medical examination as is referred to in paragraph (2)(c) the employers, or the person himself, may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
Barring by the Secretary of State
10
1
The powers conferred on the Secretary of State by paragraph (2) shall only be exercisable —
a
on medical grounds;
b
on grounds of a person’s misconduct (whether or not evidenced by his conviction of a criminal offence); or
c
in relation only to employment as a teacher, on educational grounds.
2
On such grounds as aforesaid the Secretary of State may, subject to such qualifications (if any) as he may specify —
a
in the case of a person in relevant employment, direct his employers —
i
to suspend or terminate his employment, or
ii
to make his continued employment subject to specified conditions;
b
in the case of such a person in respect of whom a direction is given under sub-paragraph (a) or of a person not in relevant employment, direct that —
i
he be not subsequently appointed to or employed in relevant employment, or
ii
he be only subsequently so appointed or employed in relevant employment subject to specified conditions, including conditions relating to the employment in question.
3
In the case of a person in relevant employment, the Secretary of State shall not exercise his powers under paragraph (2) without first consulting his employers.
4
Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds, sub-paragraphs (a), (b) and (c) of paragraph (2) of and paragraph (3) of regulation 9 shall apply for the purposes of this regulation as if any reference therein to the employers were a reference to the Secretary of State.
5
Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person’s misconduct or on educational grounds —
a
he shall afford the person concerned an opportunity to make representations to him; and
b
he shall consider such representations and all other relevant information available to him.
6
A direction given under this regulation may be withdrawn or varied by a subsequent direction but, subject as aforesaid, the employers of persons in relevant employment shall comply with such a direction prohibiting or restricting a person’s employment or further employment.
Misconduct reports
11
Where a person is dismissed from relevant employment on grounds of his misconduct (whether or not he is convicted of a criminal offence) or his employers would have so dismissed him, or considered so dismissing him, but for his resignation, his employers shall report the facts of the case to the Secretary of State.
PART IV
PROVISIONS APPLYING ONLY TO SCHOOLS
Employment to which Part IV applies
12
This Part shall apply in relation to the employment of persons as teachers at schools, unless they are employed solely in the provision of —
a
part-time education to persons over compulsory school age only; or
b
full-time education to persons who have attained the age of nineteen years only; or
c
both such part-time and such full-time education.
Employment normally restricted to qualified teachers
13
Save in the cases and circumstances specified in Schedule 2, and subject to regulations 14, 15, 16 and 17 no person shall be employed as a teacher at a school unless he is a qualified teacher in accordance with Schedule 3.
Employment of teachers of hearing impaired pupils
14
Subject to regulations 16 and 17, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are hearing impaired (otherwise than to give instruction in a craft, trade or domestic subject), unless in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of visually impaired pupils
15
Subject to regulations 16 and 17, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are visually impaired (otherwise than to give instruction in a craft, trade or domestic subject), unless in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
Employment of teachers of pupils who are both hearing and visually impaired
16
1
Subject to paragraph (2) and regulation 17, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are both hearing impaired and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless, in addition to being a qualified teacher in accordance with Schedule 3, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation.
2
A person who possesses a qualification approved under regulation 14 or 15 shall be a qualified teacher for the purpose mentioned in paragraph (1) notwithstanding that he does not possess a qualification approved for the purpose of that paragraph where his employers are satisfied that no teacher with such a qualification is available to teach the class in question.
Temporary employment of teachers of the visually impaired or hearing impaired (or both)
17
A person may be employed at a special school as the teacher of a class of pupils who are —
a
hearing impaired,
b
visually impaired, or
c
both hearing impaired and visually impaired,
notwithstanding that he is not a qualified teacher in accordance with regulation 14, 15 or 16(1), as the case may be, for the purpose of such employment if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under regulation 14, 15 or 16(1), as the case may be, provided however that the aggregate period for which he has been employed, in one or more schools, as the teacher of such a class of pupils as are mentioned in sub-paragraph (a), (b) or (c), as the case may be, does not exceed three years.


text:
Citation, Commencement, Interpretation and Revocation
1
1
These Regulations may be cited as the Education (School Financial State ments) (Prescribed Particulars etc.) Regulations 1993.
2
These Regulations shall come into force on 22nd February 1993 and apply in relation to a financial year beginning on or after 1st April 1993.
3
In these Regulations–
“ the Act ” means the Education Reform Act 1988;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 42(3) of the Act;
“factor” in relation to the allocation formula under an authority’s scheme means any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula under the authority’s scheme;
“outturn statement” means the statement referred to in section 42(6) of the Act;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula under an authority’s scheme for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“the 1990 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 ;
“school” means a school required by section 42(3) or (6) of the Act to be covered by a budget statement or an outturn statement as the context may require;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 1 of the Education Act 1981 ;
“statement” in relation to a pupil with special educational needs means a statement made under section 7 of that Act; and
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the authority’s scheme to be used in applying the allocation formula under the scheme for the initial determination of that school’s budget share or those schools' budget shares for the year.
4
The following table shows provisions of the Act defining or otherwise explaining expressions used in these Regulations–
aggregated budget section 33(4)(b) allocation formula section 38(2) excepted heads or items of expenditure section 33(4)(b)(i) excluded expenditure under an authority’s scheme section 33(6)(c) financial year section 235(1) general schools budget section 33(4)(a) scheme section 51(2)(a) school’s budget share section 51(2)(b).
5
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
6
The 1990 Regulations are revoked.
7
Notwithstanding paragraph (6) above, those Regulations continue to apply in relation to a financial year beginning on or before 1st April 1992.
Prescribed Form of and Particulars and Information for Budget Statements
2
Where these Regulations require a budget statement to be in a prescribed form, it shall be a sufficient compliance if the statement is in a form substantially to the like effect to that prescribed with such variations as the provisions of the authority’s scheme require.
3
A budget statement shall be prepared in four parts, as follows–
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for all schools for the financial year to which the statement relates specified in section 42(4)(a) and (b) of the Act and the notes to Part 1 in Schedule 1, which particulars and information (other than those specified in section 42(4)(a) and (b)) are prescribed for the purposes of section 42(4)(c) and ( j) of the Act;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the particulars of and the information with respect to the authority’s planned financial provision for each school for the financial year to which the statement relates specified in section 42(4)(e) to (h) of the Act and the notes to Part 2 in Schedule 2, which particulars and information (other than those specified in section 42(4)(e) to (h)) are prescribed for the purposes of section 42(4)(i) and ( j) of the Act;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the particulars of and the information with respect to the allocation formula under the authority’s scheme specified in the notes to Part 3 in Schedule 3, which particulars and information are prescribed for the purposes of section 42(4)(d) and (j) of the Act; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the statement relates specified in Schedule 4, which information is prescribed for the purposes of section 42(4)( j) of the Act.
Prescribed Form of Outturn Statements
4
An outturn statement shall be prepared in two parts, as follows–
a
Part 1 shall contain the information with respect to expenditure actually incurred by the authority for the purposes of all schools in the financial year to which the statement relates prescribed in regulation 5(1); and
b
Part 2 shall contain the information with respect to expenditure so incurred, or treated by the authority as having been so incurred, for the purposes of each school in the financial year to which the statement relates prescribed in regulation 5(2).
Prescribed Information for Outturn Statements
5
1
There is prescribed for the purposes of section 42(6)(a) of the Act a statement of the amount of expenditure actually incurred by the authority in that year for the purposes of all schools expressed (as cash sums or percentages, as the case may be) by reference to categories corresponding to each of the matters required by these Regulations to be contained in Part 1 of the authority’s budget statement for that year.
2
There is prescribed for the purposes of section 42(6)(b) of the Act the following information in respect of each school–
a
the total amount of expenditure actually incurred in that year for the purposes of the school, net of any amount treated by the authority as income attributed to the school;
b
the amount (if any) of excluded expenditure under the authority’s scheme in respect of contingencies occurring during the year;
c
the aggregate of the amounts of expenditure on excepted heads or items of expenditure and excluded expenditure under the authority’s scheme other than the amount referred to in sub-paragraph (b) above;
d
the amount of any increase or decrease in the course of the financial year in the school’s budget share;
e
the amount to be carried forward to the following financial year of any surplus or deficit in the school’s budget share for that or any previous financial year; and
f
the amount brought forward from the previous financial year of any surplus or deficit in the school’s budget share in any previous financial year.
Prescribed Manner and Time of Publication of Budget and Outturn Statements
6
For the purposes of section 42(7) of the Act, every budget statement and every outturn statement shall be published by–
a
furnishing a copy, in the case of an authority in England, to the Secretary of State for Education and, in the case of an authority in Wales, to the Secretary of State for Wales; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at–
i
each education office of the authority, and
ii
each public library in the area of the authority.
7
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
An outturn statement shall be published before 1st November next following the end of the financial year to which the statement relates.


text:
Citation and commencement
1
1
This Order may be cited as the North London Boroughs (London Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
any reference to Barnet, to Camden, to Enfield, to Haringey or to Waltham Forest is a reference to the London borough of that name;
“the map”means one or more of the 11 maps prepared by the Department of the Environment, marked “Maps of the North London Boroughs (London Borough Boundaries) Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976; and
any reference to a ward is a reference to a ward of the London borough from or to which an area is transferred.
Transfers between Barnet and Haringey
3
1
The areas which are marked —
B on map 10;
A and B on map 8; and
A, C and E on map 7 —
shall be transferred from Barnet, and from the Garden Suburb ward to Haringey, to the Highgate ward and to the Haringey petty sessional area.
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Haringey, and from the ward named in column 3 to Barnet, to the ward named in column 4, and to the Barnet petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Haringey, and from the following ward — To Barnet, and to the following ward —
C 8 Highgate Garden Suburb B, D and F 7 A and B 9 Fortis Green East Finchley
Transfers between Enfield and Haringey
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Enfield, and from the ward named in column 3 to Haringey, to the ward named in column 4, and to the Haringey petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Enfield, and from the following ward — To Haringey, and to the following ward —
A & B 1 Arnos Bowes Park E 4 Angel Road Coleraine B, C & E 6 Angel Road Park B & D 5 Weir Hall Park
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Haringey, and from the ward named in column 3 to Enfield, to the ward named in column 4, and to the Enfield petty sessional area.
TABLE
(1) (2) (3) (4) Area marked — On map — Transferred from Haringey, and from the following ward — To Enfield, and to the following ward —
B, C & D 4 Coleraine Angel Road A 3 A & D 6 Park Angel Road A 4 A 6 Park Weir Hall C 5 A 2 White Hart Lane Bowes B, C & D 2 White Hart Lane Weir Hall
Transfer from Haringey to Camden
5
The area which is marked A on maps 10 and 11 shall be transferred from Haringey, and from the Highgate ward, to Camden, to the Highgate ward, and to the West Central petty sessional area and the Inner North London coroner’s district.
Town and country planning
6
1
In this article, “provision”means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
24th May 1993


text:
Citation and commencement
1
This Order may be cited as the Cornwall Community Healthcare National Health Service Trust Dissolution Order 1993 and shall come into force on 1st April 1993.
Dissolution of NHS Trust
2
The Cornwall Community Healthcare National Health Service Trust is hereby dissolved, and accordingly the Cornwall Community Healthcare National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Virginia Bottomley
Secretary of State for Health
19th March 1993


text:
1
These Regulations may be cited as the Outer Space Act 1986 (Fees) (Amendment) Regulations 1993 and shall come into force on 1st April 1993.
2
The Outer Space Act 1986 (Fees) Regulations 1989 shall be amended in the definition of “further education” in regulation 2 by inserting after the words “given in section 41 of the Education Act 1944”, the following words: —
as read with section 14 of the Further and Higher Education Act 1992
.
E Leigh
Parliamentary Under-Secretary of State
Department of Trade and Industry
27th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool Community Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
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 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hartlepool Community Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Hartlepool Community Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at the Psychiatric Unit, Hartlepool General Hospital, Holdforth Road, Hartlepool, Cleveland TS24 9AH and associated hospitals;
b
to manage community health services provided from The Health Centre, Caroline Street, Hartlepool, Cleveland TS26 9LE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
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 Hartlepool 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 Hartlepool 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 Hartlepool 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
22nd October 1993


text:
Citation and commencement
1
1
This Order may be cited as the Highland Region (Electoral Arrangements) Order 1993.
2
This Order shall come into force on 5th May 1994 provided that for the purpose of all proceedings preliminary or relating to an election to be held on or after that day the Order shall come into force on 10th October 1993.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral division shall be construed as a reference to that electoral division as constituted in this Order;
ii
a road, footpath, track, railway line, pier, firth, channel, river, burn or canal shall, where the context so admits, be construed as the centre line of the feature concerned and;
iii
the boundary or boundaries of a parish is to a line corresponding as nearly as may be to the line of the boundary or boundaries of the parish concerned as already published on Ordnance Survey Maps;
b
the expedient of defining a line beyond Mean Low Water Springs has been adopted to apportion islands to the appropriate electoral division; and
c
the following abbreviations are used:–
“MLWS” for the shoreline at Mean Low Water Springs;
“ED” for Electoral Division; and
“grid reference” for National Grid Reference as published on Ordnance Survey Maps.
Change of electoral arrangements
3
The existing electoral divisions of the Highland Region shall be abolished and the said Region shall be divided into fifty-four electoral divisions having the names, contents and boundaries set forth in the Schedule to this Order.
4
The boundaries of the electoral divisions constituted by this Order shall be defined and mered by Ordnance Survey.
Revocation
5
Without prejudice to its continuing in effect for the purposes of defining the electoral divisions prior to the coming into force of this Order, the Highland Region (Electoral Arrangements) Order 1978( ) is hereby revoked.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
15th April 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Schools Conducted by Education Associations) Regulations 1993 and shall come into force on 1st January 1994.
2
In these Regulations —
“ the Act ” means the Education Act 1993;
“the 1988 Act ” means the Education Reform Act 1988 ;
“the relevant provisions of Chapter IV of Part I of the 1988 Act” means sections 52(1) and (2), 73(2) and (12), 79 to 91, 100, 101 and 104(1)(c) to (e) and (3) to (5) of that Act;
“the relevant provisions of Part II of the Act” means sections 22(4) and 35, and Chapters III (other than sections 40, 41(5), 43(4), (7) and (9), 45(3) and 46(6)), VI (other than section 83(3) to (5)), VII (other than section 97) and X (other than section 151) of Part II of, and Schedule 4 to, that Act;
“school”, save in the expression “grant–maintained school”, means a school which is or was before being conducted by an education association, a county or voluntary school; and
“transfer date” has the meaning given to that expression in section 220(2) of the Act.
2
Without prejudice to regulations 3 and 4 below, the enactments mentioned in Schedule 1 to these Regulations shall, or shall when in force, have effect in relation to the conduct of a school by an education association as they have effect in relation to the conduct of a grant–maintained school with the modifications made by that Schedule.
3
Until there come into force those of the relevant provisions of Part II of the Act which are not in force when these Regulations come into force the relevant provisions of Chapter IV of Part I of the 1988 Act (but no other provisions of that Part) shall have effect in relation to the transfer to an education association under section 220 of the Act of responsibility for the conduct of a school and the subsequent conduct of the school by the association as they have effect in relation to the transfer to a governing body incorporated under that Chapter of responsibility for the conduct of a school and its subsequent conduct by the governing body with the modifications specified in Schedule 2 to these Regulations.
4
Except as provided in regulation 3 above, the relevant provisions of Part II of the Act (but no other provisions of that Part) shall have effect in relation to the matters referred to in that regulation with the modifications specified in Schedule 3 to these Regulations.
5
To the extent that regulations 2 to 4 above provide for any enactment to have effect (whether or not with modifications) in relation to the transfer to an education association under section 220 of the Act of responsibility for the conduct of a school or the conduct of a school by an education association those regulations are without prejudice to the operation of sections 218(7) and 221(4) to (7) of the Act.
John Patten
Secretary of State for Education
3rd December 1993
John Redwood
Secretary of State for Wales
7th December 1993