type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1992 and shall come into force on 19th June 1992.
Amendment of principal Order
2
1
The Milk Quota (Calculation of Standard Quota) Order 1986 is hereby amended in accordance with the following provisions of this article.
2
For article 2 there shall be substituted the following article:
2
In this Order, the expressions “disadvantaged land” and “severely disadvantaged land” have the same meaning as in the Hill Livestock (Compensatory Allowances) Regulations 1992 .
.
3
For the Schedule there shall be substituted the provisions contained in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd May 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
29th May 1992


text:
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 1992.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Tax Free Shops) Order 1992 and shall come into force on 1st January 1993.
2
After Group 15 of Schedule 5 to the Value Added Tax Act 1983 there shall be inserted the following —
GROUP 15A — TAX FREE SHOPS
Item No
1
The supply, by a person in the course of carrying on business in a tax free shop, to a traveller making a relevant journey of goods which are of either of the following descriptions —
a
goods not included in the first column of the following table which do not exceed a value of £36 in aggregate and which have no commercial character and are to be carried in the traveller’s personal luggage; or
b
goods included in the first column of the following table which do not exceed the quantities set out in the second column of that table and which have no commercial character and are to be carried in the traveller’s personal luggage.
Goods Quantity
a
Tobacco products:
Cigarettes or
Cigarillos (cigars of a maximum weight of 3 grammes each)
or
Cigars or
Tobacco
200
100
50
250 grammes
b
Alcoholic beverages:
With an alcoholic strength of more than 22% by volume
or
With an alcoholic strength of not more than 22% by volume
or
Fortified wines and sparkling wines
and
Still wines (other than fortified wines)
a total of 1 litre
a total of 2 litres
a total of 2 litres
a total of 2 litres
c
Perfumes
and
Toilet Waters
60 cc/ml
250 cc/ml
2
The supply, of any goods within Item 1(a) or (b) above, to a traveller on board an aircraft or ship making a relevant journey by a person who supplies the traveller’s air or sea transport or any other person authorised by that person.
Notes:
1
For the purpose of determining the aggregate value of any goods referred to in Item 1(a) only the whole of the value of any item, or group of items which are normally sold as a set or collection, may be included in the aggregate value of £36.
2
“tax free shop” means any shop which is situated within an airport, port or Channel Tunnel terminal and which is approved by the Commissioners for the supply of goods for the purposes of this Group and in this note “Channel Tunnel terminal” means the area situated in the vicinity of Cheriton, Folkestone referred to in section 1(7)(b) of the Channel Tunnel Act 1987 .
3
“relevant journey” means a journey by air or sea from the United Kingdom to a place in another member State where the traveller is to disembark and includes, for the purposes of Item 1, a journey by a Channel Tunnel shuttle train.
4
“traveller” means any passenger travelling under a transport document for air or sea travel stating that the immediate destination is a place in another member State (including such a transport document stating that the final destination is a place outside the member States) or for shuttle train travel.
5
Items 1 and 2 do not apply where the supply is to a traveller under 17 years of age of goods falling within Item 1(b), other than perfumes and toilet waters.
6
In these Notes “shuttle train” has the meaning given in section 1(9) of the Channel Tunnel Act 1987.
.
Irvine Patnick
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broadgreen Hospital National Health Service Trust (Transfer of Trust Property) Order 1992 and shall come into force on 27th November 1992.
2
In this Order:
“the Authority” means Liverpool Health Authority;
“the Trust” means the Broadgreen Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust Property
2
On 27th November the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th October 1992


text:
Citation and commencement
1
These Regulations may be cited as the Zootechnical Standards Regulations 1992 and shall come into force on 31st October 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“flock book” means any book, register, file or data medium —
which is maintained by a recognised breeders' organisation; and
in which pure bred breeding sheep or goats of a given breed are entered or registered with mention of their ancestors;
“herd book” means any book, file or data medium —
which is maintained by a recognised breeders' association; and
in which pure bred breeding pigs of a specified breed or, as the case may be, pure bred bovines of a given breed, are entered or registered with mention of their ancestors;
“Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales and Scotland, the Secretary of State;
“recognised organisation” means an organisation recognised by the Minister for the purposes of these Regulations.
2
Any reference in these Regulations to a Schedule is a reference to a Schedule to these Regulations.
Recognition of organisations and maintenance of flock book or herd book
3
1
The Minister may recognise by notice in writing as a recognised organisation any organisation which satisfies the criteria specified in —
a
Part I of Schedule 1, in relation to sheep and goats;
b
Part I of Schedule 2, in relation to pigs;
c
Part I of Schedule 3, in relation to bovines.
which recognition may be withdrawn by notice in writing at any time if the criteria are not satisfied.
2
A recognised organisation shall maintain or establish a flock book or herd book.
3
No animal shall be eligible for entry or be entered or registered in a flock book or herd book unless it satisfies the criteria specified in —
a
Part II of Schedule 1, in relation to sheep and goats;
b
Part II of Schedule 2, in relation to pigs;
c
Part II of Schedule 3, in relation to bovines,
4
A recognised organisation, if requested by the owner, shall issue a completed zootechnical certificate containing, as a minimum, the information specified in —
a
Part III of Schedule 1, in relation to sheep and goats;
b
Part III of Schedule 2, in relation to pigs;
c
Part III of Schedule 3, in relation to bovines,
and, respectively, their semen, ova and embryos.
Monitoring performance and assessing genetic value
4
A recognised organisation which monitors for performance or tests for genetic value an animal registered with it shall do so in accordance with the criteria specified in —
a
Part IV of Schedule 1, in relation to sheep and goats;
b
Part IV of Schedule 2, in relation to pigs;
c
Part IV of Schedule 3, in relation to bovines.
Acceptance for breeding purposes
5
A recognised organisation shall accept for breeding purposes all animals, semen, ova and embryos which comply with the criteria specified in —
a
Part V of Schedule 1, in relation to sheep and goats;
b
Part V of Schedule 2, in relation to pigs;
c
Part V of Schedule 3, in relation to bovines.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
2nd October 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) (No. 2) Order 1992 and shall come into force on 1st June 1992.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Amendment of interpretation article
2
In article 1(2) of the 1988 Order (interpretation) —
a
omit the definitions of “hazardous substance” and “notifiable quantity”;
b
for the definition of “notifiable pipeline” substitute —
“notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act, 1962 , which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations, except —
a
a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act, 1962; or
b
a pipe-line which contains or is intended to contain no hazardous substance other than —
i
a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations) at a pressure of less than 8 bars absolute; or
ii
a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;
.
Permitted development
3
In article 3 of the 1988 Order (permitted development) —
a
in paragraph (2) omit from “and subject to” to the end;
b
for paragraph (7) substitute —
7
Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas supplier in accordance with Class F of Part 17 of that Schedule.
;
c
omit paragraphs (8) to (10).
Consultation before the grant of permission
4
In article 18 of the 1988 Order (consultations before the grant of permission), in paragraph (d) of the Table in paragraph (1) substitute for everything except the name of the consultee —
d
Development within an area whcih has been notified to the local planning authority by the Health and Safety Executive for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances and which involves the provision of —
i
residential accommodation;
ii
more than 250 square metres of retail floorspace;
iii
more than 500 square metres of office floorspace; or
iv
more than 750 square metres of floorspace to be used for an industrial process,
or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.
.
Transitional
5
Paragraph (d) of the Table in paragraph (1) of article 18 of the 1988 Order, as substituted by article 4 of this Order, shall not apply in relation to applications for planning permission made before the coming into force of article 4.
Michael Heseltine
Secretary of State for the Environment
10th March 1992
David Hunt
Secretary of State for Wales
11th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1992 and shall come into force on 15th February 1992.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“appropriate levying body” in relation to an English charging authority means a passenger transport authority, the Broads Authority or the National Rivers Authority, insofar as the authority has power to issue a levy to the charging authority, or has power to issue a levy to a county council having power to issue a precept to the charging authority;
“charging authority” does not include a special authority;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement) Regulations 1989 which is issued by an English charging authority (including such a notice issued pursuant to the Community Charges (Co-owners) Regulations 1990 );
“the distribution report” means the report entitled the Revenue Support Grant Distribution Report (England) made on 20th December 1989 by the Secretary of State for the Environment under section 80 of the Act, as amended by the Revenue Support Grant Distribution (Amendment) Report (England) made by him on 16th (Amendment) ( No. 2) Report (England) made by him on 20th January 1992;
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is issued by an English charging authority (including such a notice issued pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 ( joint owners and occupiers));
“the relevant charge” in relation to a notice and a charging authority means the amount set by the authority under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be so applicable but for any provision of regulations made under section 13A of the Act ;
“the special grant report” means the report made on 22nd January 1992 by the Secretary of State for Education and Science and the Secretary of State for the Environment under section 146 of the Local Government and Housing Act 1989 ;
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act; and
“the 1992 financial year ” means the chargeable financial year beginning on 1st April 1992.
Application of the Regulations
2
These Regulations apply in relation to community charge demand notices and rate demand notices issued with respect to the 1992 financial year.
Form and content of demand notices, etc.
3
1
A community charge demand notice shall —
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form A in Part I of Schedule 1;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form B in that Part;
c
where it relates to a standard community charge, be in the form specified as (and accordingly contain the matters specified in) form C in that Part;
d
where it relates to a collective community charge, be in the form specified as (and accordingly contain the matters specified in) form D in that Part.
2
Part II of Schedule 1 (calculation and identification of certain matters to be contained in community charge demand notice) and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of Part I of that Schedule.
3
A rate demand notice shall contain the matters mentioned in Schedule 2.
4
Subject to paragraph (5), an English charging authority must when it serves a community charge demand notice supply to the person on whom the notice is served the information mentioned in Part I of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information mentioned in Part II of that Schedule; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
5
Paragraph (4) does not apply when a community charge demand notice or a rate demand notice is served after 31st March 1993.
6
Nothing in this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
Invalid notices
4
1
Where —
a
a community charge demand notice is invalid because it does not comply with the applicable provisions of regulation 3,
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
2
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1), the charging authority shall as soon as practicable after the mistake is discovered issue to the chargeable person concerned a document in the form which the notice would have taken (and containing the matters it would have contained) if it had complied with all relevant provisions of regulation 3.
3
Where —
a
a rate demand notice is invalid because it does not comply with regulation 3(3),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
4
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (3), the charging authority shall as soon as practicable after the mistake is discovered issue to the ratepayer concerned a statement of the matters that were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that English charging authorities may fulfil their obligations under regulation 3, every English precepting authority shall, subject to paragraphs (3) to (6), when it issues a precept to a charging authority for the 1992 financial year, supply the charging authority with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to —
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3;
b
the matters mentioned in paragraphs 3, 7 and 8 of that Part; and
c
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and information as to whether any of it was not treated as special expenses of the authority.
3
Information need not be supplied by a precepting authority with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
4
Information need not be supplied when a substitute precept is issued to a charging authority if it is not one which would require the charging authority to set a substitute amount under section 35 of the Act; but if in such a case the charging authority subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charges by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (5) and (6)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
5
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for the 1992 financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier precept for the 1992 financial year.
6
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 6 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
Supply of information by the Secretary of State
6
In order that an English charging authority may fulfil its obligations under regulation 3, the Secretary of State shall, as soon as practicable after he has made the calculation of revenue support grant for the 1992 financial year for the charging authority under section 82 of the Act, supply the authority with information as to the amount of —
a
the community charge for standard spending mentioned in paragraph 2 of Part II of Schedule 1; and
b
the standard spending assessment per head mentioned in paragraphs 3, 4 and 5 of that Part for the charging authority, and for each appropriate precepting authority.
Supply of information by levying bodies
7
1
In order that an English charging authority may fulfil its obligations under regulation 3, subject to paragraphs (6) and (8) every appropriate levying body shall, when it first issues a levy to an English county council or an English charging authority for the 1992 financial year, supply the charging authorities to which the county council concerned has power to issue a precept and in whose areas the body carries out functions, or (as the case may be) the charging authority to which the levy is issued, with the information specified in paragraph (5).
2
In order that an English charging authority may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (6) and (8) an appropriate levying body shall, after it has first issued a levy to an English county council for the 1992 financial year, supply any charging authority to which paragraph (1) does not apply, but which notifies the body that it has set or proposes to set an amount for its personal community charges by reference to the levy, with the information specified in paragraph (5).
3
In order that an English charging authority may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (6) to (8) an appropriate levying body shall, after it has issued a substitute levy for the 1992 financial year, supply any charging authority which notifies the body that it has set or proposes to set an amount for its personal community charges by reference to the substitute levy, with the information specified in paragraph (5).
4
Information shall be supplied under paragraph (2) or (3) as soon as practicable after the notification is given.
5
The information is information, as regards the appropriate levying body and the levy concerned, as to —
a
the estimates mentioned in paragraphs 2, 9, 10 and 11 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3 and 7 of that Part.
6
Information need not be supplied by an appropriate levying body with respect to the estimates mentioned in paragraph 2, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
7
Information need not be supplied by an appropriate levying body as regards a substitute levy for the 1992 financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier levy for the 1992 financial year.
8
Information need not be supplied by an appropriate levying body if, by virtue of the proviso to the definition of “relevant levying body” in paragraph 6 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
9
The circumstances in which the personal community charge of a charging authority is to be treated as set by reference to a levy for the purposes of paragraphs (2) and (3) include the setting of the charge by reference to an amount included in a precept, where the amount is attributable to a levy.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
10th February 1992


text:
Citation and commencement
1
This Order may be cited as the Teignmouth Harbour Revision Order 1992 and shall come into force on 8th April 1992.
General borrowing powers
2
For sections 28 and 29 of the Teignmouth Harbour Order 1924 there shall be substituted the following sections: —
Power to borrow
28
1
— The Commissioners may from time to time borrow upon the security of their assets for the time being and of their revenues by any methods they see fit such sums of money as they think necessary not exceeding £100,000 but provided that in calculating the aggregate sums of money borrowed by the Commissioners under this section there shall be excluded any sums borrowed for the purpose of repaying within 12 months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
2
Monies borrowed by the Commissioners under this section shall be applied only to purposes to which capital money is properly applicable.
3
For the purposes of the last foregoing paragraph but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include:
a
the payment of any interest falling due within the 5 years immediately following the date of borrowing of any sum of money borrowed by the Commissioners under this section; and
b
the repayment within 12 months of the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing: —
29
he Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require provided that the total amount outstanding at any one time of money so borrowed shall not exceed £50,000.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
7th April 1992


text:
1
This Order may be cited as the Export of Goods (Control) (Serbia and Montenegro Sanctions) (Revocation) Order 1992 and shall come into force on 12th June 1992.
2
The Export of Goods (Control)(Serbia and Montenegro Sanctions) Order 1992 is hereby revoked.
M. Coolican
An Assistant Secretary,
Department of Trade and Industry
11th June 1992


text:
Citation and commencement
1
This Order may be cited as the City of Edinburgh and Midlothian Districts (Edinburgh City By-pass) Boundaries Amendment Order 1992 and shall come into force on 1st April 1992.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regula tions 1977 ;
“boundary map 1” means the map prepared by the Scottish Office marked “The City of Edinburgh and Midlothian Districts (Edinburgh City By-pass) Boundaries Amendment Order 1992 Map 1” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office marked “The City of Edinburgh and Midlothian Districts (Edinburgh City By-pass) Boundaries Amendment Order 1992 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a district is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
1
Those parts of the City of Edinburgh District in Lothian Region, being the areas described in Part I of the Schedule to this Order, namely: —
a
the areas A and B which areas are shown delineated, hatched and marked “Area A” and “Area B” respectively on boundary map 1; and
b
the areas C and D which areas are shown delineated, hatched and marked “Area C” and “Area D” respectively on boundary map 2;
shall all be transferred to Midlothian District.
2
Those parts of Midlothian District in Lothian Region, being the areas described in Part II of the Schedule to this Order, namely: —
a
the areas E, G, H and J which areas are shown delineated, hatched and marked “Area E”, “Area G”, “Area H” and “Area J” respectively on boundary map 2; and
b
the area F which area is shown delineated, hatched and marked “Area F” on boundary map 1;
shall all be transferred to the City of Edinburgh District.
Consequential changes of electoral arrangements
5
1
Area A described in Part I of the Schedule to this Order (being the area A transferred by article 4(1)(a) of this Order) —
a
shall cease to form part of electoral division 36 (Braidburn/Fairmilehead) of Lothian Region and of ward 56 (Fairmilehead) of the City of Edinburgh District ; and
b
shall form part of electoral division 41 (Loanhead) of Lothian Region and of ward 5 (Bilston/Roslin) of Midlothian District .
2
Area B described in Part I of the Schedule to this Order (being the area B transferred by article 4(1)(a) of this Order) —
a
shall cease to form part of electoral division 37 (Alnwickhill/Kaimes) of Lothian Region and of ward 58 (Kaimes) of the City of Edinburgh District; and
b
shall form part of electoral division 41 (Loanhead) of Lothian Region and of ward 4 (Loanhead) of Midlothian District.
3
Area C described in Part I of the Schedule to this Order (being the area C transferred by article 4(1)(b) of this Order) —
a
shall cease to form part of electoral division 37 (Alnwickhill/Kaimes) and electoral division 38 (Inch/Gilmerton) of Lothian Region and of ward 58 (Kaimes) and ward 60 (Gilmerton) of the City of Edinburgh District; and
b
shall form part of electoral division 41 (Loanhead) of Lothian Region and of ward 4 (Loanhead) of Midlothian District.
4
Area D described in Part I of the Schedule to this Order (being the area D transferred by article 4(1)(b) of this Order) —
a
shall cease to form part of electoral division 38 (Inch/Gilmerton) of Lothian Region and of ward 60 (Gilmerton) of the City of Edinburgh District; and
b
shall form part of electoral division 43 (Dalkeith) of Lothian Region and of ward 10 (Dalkeith/Newton) of Midlothian District.
5
Area E described in Part II of the Schedule to this Order (being the area E transferred by article 4(2)(a) of this Order) —
a
shall cease to form part of electoral division 43 (Dalkeith) of Lothian Region and of ward 10 (Dalkeith/Newton) of Midlothian District; and
b
shall form part of electoral division 38 (Inch/Gilmerton) of Lothian Region and of ward 60 (Gilmerton) of the City of Edinburgh District.
6
Area F described in Part II of the Schedule to this Order (being the area F transferred by article 4(2)(b) of this Order) —
a
shall cease to form part of electoral division 41 (Loanhead) of Lothian Region and of ward 5 (Bilston/Roslin) of Midlothian District; and
b
shall form part of electoral division 36 (Braidburn/Fairmilehead) of Lothian Region and of ward 56 (Fairmilehead) of the City of Edinburgh District.
7
Each of the areas G and J described in Part II of the Schedule to this Order (being the areas G and J transferred by article 4(2)(a) of this Order) —
a
shall cease to form part of electoral division 41 (Loanhead) of Lothian Region and of ward 4 (Loanhead) of Midlothian District; and
b
shall form part of electoral division 37 (Alnwickhill/Kaimes) of Lothian Region and of ward 58 (Kaimes) of the City of Edinburgh District.
8
Area H described in Part II of the Schedule to this Order (being the area H transferred by article 4(2)(a) of this Order) —
a
shall cease to form part of electoral division 41 (Loanhead) of Lothian Region and of ward 4 (Loanhead) of Midlothian District; and
b
shall form part of electoral division 38 (Inch/Gilmerton) of Lothian Region and of ward 60 (Gilmerton) of the City of Edinburgh District.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
6th March 1992


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”), shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is identified by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question. until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct over the Trent and Mersey Canal as parts of the main new trunk road, the bridge specified in Schedule 3 to this Order, and the bridge over the River Trent specified in Schedule 4 to this Order.
5
In this Order —
1
Except where otherwise expressly provided, all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM70 marked “The A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) (No. 2) Order 1992” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the main new trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
iii
“the new trunk roads” means the highways mentioned in article 1 of this Order;
iv
“the (No. 1) Order ” means the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) (No. 1) Order 1992; and
v
“the A6 Trunk Road” means the A6 London — Inverness Trunk Road.
6
This Order shall come into force on 14th February 1992 and may be cited as the A564 Trunk Road (Stoke — Derby Route) (Derby Southern Bypass and Slip Roads) (No. 2) Order 1992.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
3rd February 1992


text:
Citation and Interpretation
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 2) Order 1992.
2
In this Order, “the 1991 Act ” means the Road Traffic Act 1991.
Commencement provisions
3
1
Section 35 of the 1991 Act shall come into force on 2nd March 1992, in so far as it is not already in force.
2
The following provisions of the 1991 Act shall come into force on 1st April 1992 —
a
section 48, to the extent necessary for the bringing into force of the provision referred to in sub-paragraph (b) below; and
b
paragraph 102 of Schedule 4.
Transitional provisions relating to fixed penalty offences
4
Paragraph 102 of Schedule 4 to the 1991 Act shall not apply to an offence alleged to have been committed before 1st April 1992.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
3rd February 1992


text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 and shall come into force on 30th January 1992.
Interpretation and revocation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Medicines Act 1968;
“agricultural requisites” means things used in the cultivation of the soil or in the keeping of animals for the production of food or as game, and equipment used for the collection of produce from animals kept for the production of food and things used for the maintenance of such equipment, and includes any protective clothing but does not include any other kind of human apparel;
“the Department of Agriculture ” means the Department of Agriculture for Northern Ireland;
“the Department of Health (N.I.) ” means the Department of Health and Social Services for Northern Ireland;
“final medicated feeding stuff” means any substance, not being a medicinal product, which is for use wholly or mainly by being fed to one or more animals for a medicinal purpose, or for purposes that include that purpose, without further processing;
“fish farmer” means —
a person carrying on a business of fish farming or shellfish farming which is registered in a register kept by the Minister or the Secretary of State (as the case may be) pursuant to the Registration of Fish Farming and Shellfish Farming Businesses Order 1985 , or
a person to whom a licence has been granted by the Department of Agriculture under section 11 of the Fisheries Act (Northern Ireland) 1966 ;
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“placing on the market” means the holding for sale or disposal in any other form whatever to third parties, whether or not for consideration, and actual sale or disposal;
“prescription only medicine” means a medicinal product falling within a description or class for the time being specified for the purposes of section 58 of the Act in an Order made under that section ;
“qualifying business” means a business involving in whole or in part the retail sale of agricultural requisites;
“the Register of Manufacturers” means the register of persons entitled to incorporate medicinal products in animal feeding stuffs kept respectively by the Department of Agriculture, and the registrar under regulation 3(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1992 ;
“the Register of Merchants” means the register of merchants in veterinary drugs or intermediate feed kept respectively by the Society and the Department of Health (N.I.), under articles 5(1) and 8(1) of this Order;
“saddlery business” means a business involving in whole or in part the retail sale of saddlery requisites;
“saddlery requisites” means products and equipment used in the keeping of horses or ponies and things used for the maintenance of such equipment, and includes any human apparel used in the keeping of horses or ponies;
“self-service methods” means any method of sale which allows a purchaser to help himself on or before payment;
“sell by retail” includes offer or expose for sale by retail and supply in circumstances corresponding to retail sale, and cognate expressions shall be construed accordingly;
“the Society” means the Royal Pharmaceutical Society of Great Britain;
“a specially authorised person” means, in relation to a veterinary drug —
a person specially authorised, by virtue of a direction of the licensing authority under article 3(1) of the Medicines (Exemptions from Licences) (Special and Transitional Cases) Order 1971 , to assemble that drug otherwise than in accordance with a manufacturer’s licence; or
a person specially authorised by the product licence in respect of that drug to sell the drug under the alternative product name specified in the licence;
“veterinary drug” includes a veterinary drug in respect of which a product licence is granted, after the date of coming into force of this Order, containing a provision to the effect that it may be sold by retail only in accordance with a prescription by an appropriate practitioner or by a person referred to in article 3(1), 6(1), 9(1), 11(1) or 13(1) of this Order;
“veterinary drug not on a general sale list” means a veterinary drug which is not of a description or falling within a class, specified in an Order under section 51 of the Act which is for the time being in force ;
“wholesale dealer” means a person for the time being carrying on a business wholly or mainly comprising the sale or supply in bulk of veterinary drugs.
2
Unless the context otherwise requires, any reference in this Order to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number.
3
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No.2) Order 1989 , the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) ( No. 2) (Amendment) Order 1990 and the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) (Amendment No. 2) Order 1990 are hereby revoked.
Exemptions for merchants in veterinary drugs
3
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person entered in the Register of Merchants as a Category 1 merchant, if that veterinary drug is specified in the second column of Schedule 1 and the conditions contained in paragraph (2) below and article 4 are complied with.
2
No veterinary drug described in paragraph (1) above shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as a part of his business activities.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list and not being a prescription only medicine by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person entered in the Register of Merchants as a Category 1 merchant, if —
a
that veterinary drug —
i
is a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff, are complied with; or
b
that veterinary drug —
i
is a veterinary drug specified in Schedule 2, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff, are complied with.
4
No veterinary drug described in paragraph (3) (a) above shall be soldby retail except —
a
to a person whose name is entered in Part A of the Register of Manufacturers, or
b
to a fish farmer.
5
No veterinary drug described in paragraph (3) (b) above shall be sold by retail except —
a
to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or
b
to a fish farmer.
Further conditions for exemption under article 3
4
1
No veterinary drug described in article 3(1) or (3) (a) or (b) shall be sold by retail except —
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it, and
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
2
No veterinary drug described in article 3(1) or (3) (a) or (b) shall be sold by retail by self-service methods.
3
In respect of any sale by retail of any veterinary drug described in article 3(1) or (3) (a) or (b) the seller shall make a record of the sale containing particulars of —
a
the date on which the veterinary drug was sold,
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, and
c
the name and address of the person to whom the veterinary drug was sold, date of the sale.
4
No person shall, in the course of a qualifying business carried on by him, sell by retail any veterinary drug described in article 3(1) or (3) (a) or (b) unless his name is entered in the Register of Merchants as a Category 1 merchant in respect of each premises on which the drug is sold or stored.
5
In paragraph (1) (c) above “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Register of Merchants for the purposes of article 4(4)
5
1
For the purposes of article 4(4) the Society and the Department of Health (N.I.) shall each continue to keep a register of persons as being persons entitled, in the course of qualifying businesses carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 3(1) or (3) (a) or (b) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 3 and 4 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 3(1) or (3) (a) or (b) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3) (a) or (b) is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the Department of Health’s (N.I.) Register of Merchants in respect of any premises on which any veterinary drug described in article 3(1) or (3) (a) or (b) is to be sold or stored by him in the course of that qualifying business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in that Register pursuant to paragraph (10) below may, in order to restore his name to that Register in respect of those premises, make an application to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.) —
a
in respect of the entry in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3) (a) or (b) is to be sold or stored a fee of £198 for each such premises;
b
in respect of the retention in the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3) (a) or (b) is to be sold or stored a fee of £124 for each such premises;
c
in respect of the restoration to the Register of Merchants of the name of any person in respect of any premises on which any veterinary drug described in article 3(1) or (3) (a) or (b) is to be sold or stored a fee of £174 for each such premises.
8
The Society or the Department of Health (N.I.) shall refuse to enterin its respective Register of Merchants the name of any person in respect of any premises unless that person —
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (a) above for the entry of his name in that Register; and
b
has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Distributors (Category 1 Agricultural Merchants) Registered for the Sale, Supply and Storage of Licensed Animal Medicines and Medicated Animal Feeding stuffs dated December 1991, and published by the Ministry of Agriculture, Fisheries and Food (being a Code relating to the sale or supply of the veterinary drugs described in article 3(1) or (3) (a) or (b)).
9
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 3(1) or (3) (a) or (b).
10
The Society or the Department of Health (N.I.) shall refuse to retain in its respective Register of Merchants in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7) (b) above for the retention of his name in that Register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to its respective Register of Merchants the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (c) above for the restoration of his name to that Register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be) —
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8) (b) above; or
b
the conditions under which any veterinary drug described in article 3(1) or (3) (a) or (b) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
14
The registrar and the Department shall each furnish to the Minister, on or before 1st April in each year, a copy of the Register kept thereby certified to be a true copy of that Register as at a date specified in the certificate, not being later than 1st March in the year in questionand, pending the furnishing of a further copy of the Register in the following year, shall furnish to the Minister at monthly intervals copies of amendments made to the Register in each month following the date so specified.
Exemptions for merchants in intermediate feed
6
1
The restrictions imposed by section 52 of the Act (restrictions on sale or supply of medicinal products not on a general sale list) shall not apply to the placing on the market of any intermediate feed by the holder of a product licence in respect of that intermediate feed, by a specially authorised person or by a person entered in the Register of Merchants as a Category 1 or 2 merchant unless that intermediate feed has been manufactured in accordance with these Regulations pursuant to Council Directive 90/167/ EEC (laying down the conditions governing the preparation, placing on the market and use of medicated feeding stuffs in the Community) and then only if that intermediate feed contains a veterinary drug specified in the second column of either Schedule 2 or Schedule 3 and the conditions contained in paragraphs (2) and (6) below and article 7 are complied with.
2
No intermediate feed described in paragraph (1) above shall be placed on the market or sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities.
3
The restrictions imposed by section 52 of the Act shall not apply to the placing on the market of intermediate feed by a person who is entered in the Register of Merchants as a Category 1 or Category 2 merchant, if —
a
that intermediate feed —
i
contains a veterinary drug specified in Schedule 2 or 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff, are complied with; or
b
that the intermediate feed —
i
contains a veterinary drug specified in either Schedule 2 or Schedule 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff, are complied with.
4
No intermediate feed described in paragraph (3) (a) above shall beplaced on the market or sold by retail except —
a
to a person whose name is entered in Part A of the Register of Manufacturers, or
b
to a fish farmer.
5
No intermediate feed described in paragraph (3) (b) above shall be placed on the market or sold by retail except —
a
to a person whose name is entered in Part A or Part B of the Register of Manufacturers, or
b
to a fish farmer.
6
No intermediate feed which contains a prescription only veterinary drug specified in Schedule 3 shall be placed on the market or sold by retail to any person (except as provided for in article 9(6) (a)) except on production by him of a veterinary written direction.
Further conditions for exemption under article 6
7
1
No intermediate feed described in article 6 shall be placed on the market except —
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the feed,
b
in a container which has not been opened since the feed was made up for sale in it and,
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, feed on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that feed to that person.
2
No intermediate feed described in article 6 shall be sold by retail by self-service methods.
3
In respect of any sale by retail of any intermediate feed described in article 6 the seller shall make a record of the sale containing particulars of —
a
the date on which the intermediate feed was sold,
b
the name, identification and quantity of the intermediate feed sold, and
c
the name and address of the person to whom the intermediate feed was sold, date of the sale.
4
No person shall, in the course of a qualifying business carried on by him, place on the market or sell by retail any intermediate feed described in article 6 unless his name is entered in the Register of Merchants in respect of each premises on which the intermediate feed is sold or stored or he is already entered as a Category 1 or Category 2 merchant in the Register of Merchants kept pursuant to article 5(1).
5
In paragraph (1) (c) above “premises” includes a stall of a permanent nature situated at a market or an agricultural showground.
Register of Merchants for the purposes of article 7(4)
8
1
For the purposes of article 7(4) the Society and the Department of Health (N.I.) shall each continue to keep a register of persons as being persons entitled, in the course of a qualifying business carried on bythem, to place on the market or sell by retail on premises in respect of which their names are entered in the register, any intermediate feed described in article 6 free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 6 and 7 are complied with.
2
Details of premises used for the storage of any intermediate feed described in article 6 at a different postal address from that of premises used to place on the market or sell by retail such intermediate feed shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of health (N.I.) for his name to be entered in the Department of Health’s (N.I.) Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of health (N.I.) (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above or to pay the fee due in respect of retention of his name in that Register pursuant to paragraph (10) below may, in order to restore his name to that Register in respect of those premises, make an application to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.) —
a
in respect of the entry in the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £115 for each such premises;
b
in respect of the retention in the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £72 for each such premises;
c
in respect of the restoration to the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £101 for each such premises.
8
The Society or the Department of Health (N.I.) shall refuse to enter in its respective Register of Merchants the name of any person in respect of any premises unless that person —
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (a) above for the entry of his name in that Register; and
b
has given the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Distributors (Category 2 Agricultural Merchants) Registered for the Sale, Supply and Storage of Medicated Animal Feeding stuffs dated December 1991, and published by the Ministry of Agriculture, Fisheries and Food (being a Code relating tothe sale or supply of intermediate feed containing the veterinary drugs described in article 6).
9
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any intermediate feed described in article 6.
10
The Society or the Department of Health (N.I.) shall refuse to retain in its respective Register of Merchants in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7) (b) above for the retention of his name in that Register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to its respective Register of Merchants the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (c) above for the restoration of his name to that Register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be) —
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8) (b) above; or
b
the conditions under which any intermediate feed described inarticle 6 is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
Exemptions in respect of (a) veterinary drugs to be incorporated in animal feeding stuffs and (b) intermediate feed
9
1
The restrictions imposed by section 52 of the Act shall not apply to the placing on the market of any veterinary drug not on a general sale list nor of any intermediate feed by —
a
the holder of the product licence in respect the reof;
b
the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;
c
a specially authorised person;
d
a person whose name is entered in the Register of Merchants as a Category 1 merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category 1 or Category 2 merchant;
e
a person whose name is entered in Part A of the Register of Manufacturers; or
f
wholesale dealer,
i
is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in either Schedule 2 or Schedule 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate below 2 kilograms per tonne of the final medicated feeding stuff, are complied with.
2
No veterinary drug nor intermediate feed described in paragraph (1) above shall be placed on the market by any of the persons —
a
specified in paragraph (1) (a) to (d), or, in the case of an intermediate feed, specified in paragraph (1) (e), except to a personwhose name is entered in Part A of the Register of Manufacturers or to a fish farmer;
b
specified in paragraph (1) (e) or (f), except to a person whose name is entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or education purposes only.
3
The restrictions imposed by section 52 of the Act shall not apply to the placing on the market of any veterinary drug not on a general sale list nor of any intermediate feed by —
a
the holder of the product licence in respect the reof;
b
the holder of a product licence in respect of an intermediate feed containing or consisting of a veterinary drug;
c
a specially authorised person;
d
a person whose name is entered in the Register of Merchants as a Category 1 merchant; or, in the case of an intermediate feed, a person whose name is entered in the Register of Merchants as a Category 1 or Category 2 merchant;
e
a person whose name is entered in Part A of the Register of Manufacturers; or
f
wholesale dealer,
i
is or contains a veterinary drug specified in Schedule 2 or, in the case of an intermediate feed, specified in either Schedule 2 or Schedule 3, and
ii
is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff, are complied with.
4
No veterinary drug nor intermediate feed described in paragraph (3) above shall be placed on the market by any of the persons —
a
specified in paragraph (3) (a) to (d), or, in the case of an intermediate feed, specified in paragraph (3) (e), except to a person whose name is entered in Part A or Part B of the Register of Manufacturers or to a fish farmer;
b
specified in paragraph (3) (e) or (f), except to a person whose nameis entered in Part A of the Register of Manufacturers and who the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only.
5
The restrictions imposed by section 52 of the Act shall not apply to the placing on the market of any veterinary drug not on a general sale list nor of any intermediate feed by —
a
the holder of the product licence in respect thereof,
b
the holder of a product licence in respect of an intermediate feed containing or consisting of such a veterinary drug,
c
a specially authorised person,
d
a person whose name is entered in Part A of the Register of Manufacturers and who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes, or
e
a wholesale dealer, veterinary drug specified in Schedule 3 and the conditions contained inparagraph (6) below and article 10 are complied with.
6
No veterinary drug nor any intermediate feed described in paragraph (5) above shall be placed on the market or sold by retail except —
a
to a person whose name is entered in Part A of the Register of Manufacturers and whom the seller knows, or has reasonable cause to believe, to be a person who does not have animals under his control for the purposes of, or in the course of carrying on, a business, either as his sole business activity or as part of his business activities, except for research or educational purposes only, or
b
to a person —
i
whose name is entered in Part A of the Register of Manufacturers and whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as part of his business activities but not for research oreducational purposes only, or
ii
whose name is entered in Part B of the Register of Manufacturers and that veterinary drug or intermediate feed is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff, or
iii
who is a fish farmer,
Further conditions for exemption under article 9
10
1
No veterinary drug nor intermediate feed such as is described inarticle 9(1), (3) or (5) shall be sold by retail by self-service methods.
2
In respect of any placing on the market of any veterinary drug described in article 9(1), (3) or (5) the seller shall make a record of the sale containing particulars of —
a
the date on which the veterinary drug was sold,
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, and the name, identification and quantity of the intermediate feed sold, and
c
the name and address of the person to whom the veterinary drug or intermediate feed was sold, date of the sale.
3
No person, other than a person whose name is entered in Part A of the Register of Manufacturers shall, in the course of a business carried on by him, place on the market or sell by retail any veterinary drug or intermediate feed such as is described in article 9(1), (3) or (5) unless —
a
before making any such sale he, or a previous owner of the business, has notified the Society, or in the case of a business carried on in Northern Ireland, the Department of Health (N.I.), as appropriate, of the relevant particulars; and
b
every twelve months after the first notification, whether made by him or by a previous owner, he notifies the Society or the Department of Health (N.I.), as appropriate, of the relevant particulars; and
c
he notifies the Society or the Department of Health (N.I.), as appropriate, of any change in the relevant particulars which has occurred since the last notification the reof as soon after such change occurs as is reasonably practicable.
4
In paragraph (3) above “the relevant particulars”, in relation to a business, means the name of the business and the address, or, where appropriate, the location of every premises on which, during the course of the carrying on of that business, veterinary drugs described in article 9(1), (3) or (5) are being, or are during the next twelve months to be, sold or stored.
Exemptions for merchants in horse wormers
11
1
The restrictictions imposed by section 52 of the Act shall not apply to the sale by retail of any veterinary drug not on a general sale list by the holder of the product licence in respect of that veterinary drug, by a specially authorised person or by a person who is for the time being carrying on a qualifying business or a saddlery business if —
a
that veterinary drug is specified in the second column of Schedule 4, and
b
the conditions contained in this article are complied with.
2
No veterinary drug described in paragraph (1) (a) above shall be sold by retail except —
a
in the container in which it was made up for sale by the manufacturer or, as the case may be, the assembler of the drug,
b
in a container which has not been opened since the drug was made up for sale in it,
c
on premises which are occupied by, and under the control of, the seller at the time of sale and which are capable of being closed so as to exclude the public, and
d
to a person whom the seller knows, or has reasonable cause to believe, to be a person who has in his charge horses or ponies, drug on the premises of the seller, condition (c) above shall not apply to the subsequent delivery of that drug to that person.
3
No veterinary drug described in paragraph (1) (a) above shall be sold by retail by self-service methods.
4
In respect of any sale by retail of any veterinary drug described in paragraph (1) (a) above the seller shall make a record of the sale containing particulars of —
a
the date on which the veterinary drug was sold, and
b
the name, quantity and, except where it is apparent from the name, the pharmaceutical form and strength of the veterinary drug sold, of the sale.
5
No person shall, in the course of a qualifying business or a saddlery business carried on by him, sell by retail any veterinary drug described in paragraph (1) (a) above unless his name is entered in the register kept by the Society or the Department of Health (N.I.) under article 12(1) in respect of each premises on which the drug is sold or stored.
6
In paragraph (2) (c) above “premises” includes a stall of a permanent nature situated at a market or agricultural showground.
Register for the purposes of article 11(5)
12
1
For the purposes of article 11(5), the Society and the Department of Health (N.I.) shall each continue to keep a register of persons as being persons entitled, in the course of qualifying businesses or saddlery businesses carried on by the m, to sell by retail on premises in respect of which their names are entered in the register, any veterinary drug described in article 11(1) (a) free from the restrictions imposed by section 52 of the Act, if and so long as the conditions contained in article 11 are complied with.
2
Details of premises used for the storage of any veterinary drug described in article 11(1) (a) at a different postal address from that of premises used to sell by retail such drug shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business or a saddlery business elsewhere than in Northern Ireland, makes anapplication in writing to the Society for his name to be entered in the register kept by the Society under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1) (a) isto be sold or stored by him in the course of that qualifying business or saddlery business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business or a saddlery business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the register kept by the Department of Health (N.I.) under paragraph (1) above in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored by him in the course of that qualifying business or saddlery business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises shall, in order to retain his name in the register in respect of those premises in any year subsequent to the year in which his name was first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in that register in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the register kept by the Society or the Department of Health (N.I.) under paragraph (1) above in respect of any premises by reason only that he failed either to make proper application for the retention of his name in the register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in the register pursuant to paragraph (10) below may, in order to restore his name to the register in respect of those premises, make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.) —
a
in respect of the entry in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £99 for each such premises;
b
in respect of the retention in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £62 for each such premises;
c
in respect of the restoration to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above of the name of any person in respect of any premises on which any veterinary drug described in article 11(1) (a) is to be sold or stored a fee of £87 for each such premises;whose name is for the time being entered in, or in the course of beingrestored to, the Register of Merchants in respect of those premises asbeing a person entitled to sell or store the reon, during the course of a qualifying business carried on by him, any veterinary drug described in article 3(1) or (3) (a) or (b).
8
The Society or the Department of Health (N.I.) shall refuse to enterin the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person —
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (a) above for the entry of his name in the register; and
b
has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Saddlers Selling or Supplying Horse Wormers dated December 1991 and published by the Ministry of Agriculture, Fisheries and Food (being a Code relating to the sale or supply of the veterinary drugs described in article 11(1) (a)).
9
the Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to enter in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any veterinary drug described in article 11(1) (a).
10
The Society or the Department of Health (N.I.) shall refuse to retain in the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph (7) (b) above for the retention of his name in the register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7) (c) above for the restoration of his name to the register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.), with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from, the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be) —
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8) (b) above; or
b
the conditions under which any veterinary drug described in article 11(1) (a) is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from the register kept by the Society or the Department of Health (N.I.) (as the case may be) under paragraph (1) above the name of any person entered in it, at the request of that person.
Exemptions for pharmacists
13
1
The restrictions imposed by section 52(c) of the Act shall not apply to the retail sale of a veterinary drug described in article 3(1) or (3) (a) or (b) where the transaction is carried out in a registered pharmacy by a person acting on behalf of a pharmacist.
2
The restrictions imposed by section 52 of the Act shall not apply to the supply in circumstances corresponding to retail sale of a veterinary drug such as is described in article 9(1), (3) or (5) by a pharmacist, or his agent, to the person to whom the pharmacist has, in accordance with the provisions of the said section 52, sold the drug by retail.
Exemptions in cases involving another’s default
14
1
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions in articles 3(2),(4) or (5), 4, 6(2), (4) or (5) of a veterinary drug or intermediate feed by a person for the time being carrying on a qualifying business, which drug or intermediate feed that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug or intermediate feed described in article 3(1) or (3) (a) or (b) or 6 but which, due to the act or default of another person, is not such a veterinary drug, or intermediate feed.
2
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained inarticles 9(2) to (6), of a veterinary drug or intermediate feed by a person for the time being carrying on a business described in article 9(1), which drug or intermediate feed that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug orintermediate feed described in article 9(1), but which, due to the actor default of another person, is not such a veterinary drug or intermediate feed.
3
The restrictions imposed by section 52 of the Act shall not apply to the sale by retail, in compliance with the conditions contained in articles 11(2) to (5) and 12, of a veterinary drug by a person for the time being carrying on a qualifying business or a saddlery business, which drug that person, having exercised all due diligence, on reasonable grounds believes to be a veterinary drug described in article 11(1) (a), but which, due to the act or default of another person is not such a veterinary drug.
Defences
15
Any person who, in the course of a business carried on by him, places on the market or sells by retail, offers or exposes for sale by retail, or supplies in circumstances corresponding to retail sale, any intermediate feed in accordance with a forged veterinary written direction, shall not be guilty of an offence under this Order if, having exercised all due diligence, he believes on reasonable grounds that the veterinary written direction is genuine.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
6th January 1992
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
8th January 1992
David Hunt
Secretary of State for Wales
8th January 1992
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th January 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 6th day of January 1992.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of January 1992.
W. J. Hodges
Permanent Secretary
We consent.
Sydney Chapman
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
7th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Serbia and Montenegro Sanctions) Order 1992 and shall come into force forthwith.
2
Unless the context otherwise requires, any expression used in this Order shall have the meaning it bears in the Export of Goods (Control) Order 1991 .
Prohibition on exportation to Serbia and Montenegro
2
1
Subject to article 3 of this Order, all goods are prohibited to be exported from the United Kingdom to any destination in Serbia or Montenegro or to any destination in any other country for delivery, directly or indirectly, to a person for the purposes of any business carried on in or operated from either of those territories.
2
Any licence granted by the Secretary of State under any other Order relating to the control of exports made by virtue of the powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939, and any licence granted under any other enactment prohibiting or restricting the exportation of goods, shall be subject to paragraph (1) of this article.
Exceptions
3
Nothing in article 2 of this Order shall prohibit the exportation of any goods under the authority of a licence granted by the Secretary of State under this Order, provided that all conditions attaching to the said licence are complied with.
Enforcement
4
Articles 5, 6 and 7 of the Export of Goods (Control) Order 1991 (customs powers for demanding evidence of destination, offences in connection with applications for licences and conditions attaching to licences, and declarations as to goods and powers of search) shall apply for the enforcement of the provisions of this Order as they apply for the enforcement of the said Order of 1991.
Modification and revocation of licences
5
Any licence granted by the Secretary of State in pursuance of article 3 of this Order may be modified or revoked by him at any time.
R. J. Meadway
An Under Secretary,
Department of Trade and Industry
at 11.30 a.m. 31st May 1992