text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
These Regulations may be cited as the Notification of New Substances Regulations 1993 and shall come into force on 31st January 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc.Act 1974;
“the approved supply list” means the list described in regulation 4(1) of the Chemicals (Hazard Information and Packaging) Regulations 1993 ;
“the competent authority” means —
for Great Britain, the Secretary of State for the Environment and the Executive acting jointly; or
for Northern Ireland or another member State, the authority appointed inaccordance with Article 16.1 of the Directive , and unless the contrary intention appears, a reference to “the competent authority” shall be taken as a reference to the competent authority for Great Britain;
“controlled conditions” in relation to the use of a substance in “process-orientated research and development” or “scientific research and development” means the use of that substance under conditions which are under the control of the person undertaking that process-orientated research and development or scientic research and development, as the case may be;
“dangerous substance” means a substance which is in one of the categories of danger referred to in column 1 of Part I of Schedule 1, having characteristic properties described in the corresponding entry in column 2 of that Schedule and further described in Part II of that Schedule;
“the Directive” means Council Directive No. 67/548/ EEC , relating to the classification, packaging and labelling of dangerous substances as amended in particular for the seventh time by Council Directive No. 92/32/EEC ;
“ EINECS ” means the European Inventory of Existing Commercial Chemical Substances ;
“ ELINCS ” means the European List of Notified Chemical Substances ;
“the Executive” means the Health and Safety Executive;
“importer” means a person who imports a new substance into the Communities' customs territory and “importation” and “import” shall be construed accordingly;
“ IUPAC ” means the International Union of Pure and Applied Chemistry;
“member State” means a member State of the Communities;
“new substance” means any substance except a substance listed in EINECS;
“notification” means the documents with the requisite information presented to the competent authority in pursuance of regulation 4 or 6 —
in the case of a substance manufactured within the Communities by the manufacturer who places the substance either on its own or in a preparation on the market; or
in the case of a new substance manufactured outside the Communities —
by any person established in the Communities who is responsible for placing that substance either on its own or in a preparation on the market, or
by the sole representative of its manufacturer, and
“notify” and “notifier” shall be construed accordingly;
“placing on the market” in relation to a substance or preparation means supplying that substance or preparation, or making it available to another person within the Communities and includes importation of the substance;
“polymer” means a substance consisting of molecules characterised by the sequence of one or more types of monomer units and comprising a simple weight majority of molecules containing at least 3 monomer units which are covalently bound to at least one other monomer unit or other reactant and consisting of less than a simple weight majority of molecules of the same molecular weight; such molecules being distributed over a range of molecular weights wherein differences in the molecular weight are primarily attributable to differences in the number of monomer units; and for the purposes of this definition “monomer unit” means the reacted form of a monomer in a polymer;
“preparations” means mixtures or solutions of two or more substances;
“process-orientated research and development”means the further development of a substance in the course of which pilot plant or production trials are used to test the fields of application of the substance;
“scientific research and development” means scientific experimentation, analysis or chemical research carried out under controlled conditions including the determination of intrinsic properties, performance and efficacy as well as scientific investigation relating to product development;
“sole representative”, in relation to a substance manufactured outside the Communities, means a person established in the Communities who has been appointed by the manufacturer of the substance for the purpose of notifying that substance;
“substance no longer polymer” means —
a substance which had been placed on the market before 31st October 1993; and
had not been notified under the Notification of New Substances Regulations 1982 as then in force by reason that it was reasonably considered by the person placing the substance on the market to be a polymer;
“substance” means a chemical element or compound in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition.
2
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
Subject to paragraphs (2) and (3), these Regulations shall apply in relation to all new substances that are placed on the market either alone or in preparations.
2
These Regulations shall not apply in relation to —
a
a new substance which is placed on the market exclusively as, or exclusively for use as an active ingredient in, either —
i
a medicinal product as defined in section 130 of the Medicines Act 1968 , or
ii
a product specified in an order made under section 104 or 105 of that Act which is for the time being in force and which directs that specified provisions of that Act shall apply in relation to that substance or preparation as such provisions have effect in relation to medicinal products within the meaning of the Act;
b
a new substance which is placed on the market exclusively as, or exclusively for use in, food within the meaning of section 1 of the Food Safety Act 1990 including any additives and flavourings;
c
a new substance which is placed on the market exclusively as, or exclusively for use in, an animal feeding stuff within the meaning of the Agriculture Feeding Stuffs Regulations 1991 including any additives;
d
a new substance which is placed on the market exclusively as or in, or exclusively for use as an active ingredient in, a plant protection product covered by Council Directive No. 91/414/EEC concerning the placing of Plant Protection Products on the market;
e
a radioactive substance within the meaning of regulation 2(1) of the Ionising Radiations Regulations 1985 ;
f
a substance in the form of waste which is covered by Council Directive No. 91/156/EEC or Council Directive No. 91/689/EEC ;
g
a new substance which is placed on the market exclusively as or in a cosmetic product within the meaning of the Cosmetic Products (Safety) Regulations 1989 ;
h
a new substance which is in transit through the United Kingdom under customs control and which does not undergo any treatment or processing within the United Kingdom;
i
subject to Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances, a new substance intended exclusively for export to a country which is not a member State of the Communities; or
j
a new substance which is a substance no longer polymer.
3
Regulations 4 and 6 shall not apply to a new substance which has been duly notified by its manufacturer or other person responsible for placing it on the market in accordance with Article 7 or 8 of the Directive in Northern Ireland or another member State.
4
These Regulations shall not extend to Northern Ireland except insofar as they relate to the importation of new substances into the United Kingdom.
PART II
NOTIFICATIONS
Full notifications
4
Subject to regulations 6 and 7, a person shall not place a new substance on the market in a total quantity of one tonne or more per year unless he has sent to the competent authority a notification including —
a
a technical dossier supplying the information necessary for evaluating the foreseeable risk, whether immediate or delayed, which the substance may create for human health and the environment and containing all available relevant data for this purpose and including at least the information and results of the tests referred to in Part A of Schedule 2 together with a detailed and full description of the studies conducted or bibliographic references to them;
b
a certificate in writing from the body which carried out the tests for the purpose of the technical dossier stating that those tests were carried out in accordance with the principles of good laboratory practice referred to in regulation 14(1);
c
a declaration concerning the unfavourable effects of the substance in terms of the various foreseeable uses of the substance;
d
if the substance is a dangerous substance, proposals for the purposes of the Chemicals (Hazard Information and Packaging) Regulations 1993 for —
i
the classification and labelling of the substance for supply, and
ii
the safety data sheet referred to in regulation 6 of those Regulations;
e
in the case of a substance manufactured outside the Communities, where appropriate, a statement by the manufacturer that the notifier has been appointed, for the purpose of submitting a notification of the substance in question, as his sole representative and that he has informed all the importers of the same substance manufactured by him of the name of the sole representative; and
f
if so desired, a statement that the notifier requests, on reasoned grounds, that the notification be exempted from the provisions of regulation 13 (avoidance of animal testing) for a period which shall not exceed one year from the date of the notification.
Requirements for further testing for substances notified under regulation 4
5
1
Any notifier of a substance already notified under regulation 4 shall inform the competent authority —
a
when the quantity of the substance placed on the market reaches 10 tonnes per year from a single manufacturer or when the total quantity of substance reaches 50 tonnes per manufacturer; the competent authority may then require some or all of the additional tests or studies or both laid down in Schedule 3 at level 1, to be carried out within the time limit that the competent authority shall determine;
b
when the quantity of the substance placed on the market reaches 100 tonnes per year from a single manufacturer or when the total quantity of the substance reaches 500 tonnes per manufacturer; the competent authority shall then require the additional tests or studies or both laid down in Schedule 3 at level 1, to be carried out within the time limit that the competent authority shall determine, unless the notifier can give good reason why a given test or study is not appropriate or an alternative test or study would be preferable;
c
when the quantity of the substance placed on the market reaches 1000 tonnes per year from a single manufacturer or when the total quantity of the substance reaches 5000 tonnes per manufacturer; the competent authority shall then draw up a programme of tests or studies or both according to Schedule 3, level 2 to be carried out by the notifier within the time limit determined by the competent authority.
2
Where additional testing has been carried out, either in accordance with paragraph (1) or voluntarily, the notifier shall forthwith provide the competent authority with the results of those tests together with a certificate in writing from the person who carried out the tests stating that those tests were carried out in accordance with the principles of good laboratory practice referred to in regulation 14(1).
Reduced notification requirements for substances placed on the market in quantities of less than one tonne per year by a single manufacturer
6
1
Subject to the following paragraphs of this regulation and regulation 7, a person responsible for placing a new substance on the market in a total quantity of less than one tonne per year from a single manufacturer shall not place that substance on the market unless he has sent to the competent authority a notification including a summary of —
a
a technical dossier supplying the information necessary for evaluating the foreseeable risks, whether immediate or delayed, which the substance may create for human health and the environment and containing all available relevant data for this purpose and including at least the information and results of the tests referred to in Part B of Schedule 2; and
b
all the other information referred to in sub-paragraphs (b) to (f) of regulation 4.
2
Subject to paragraph (4), where the quantities to be placed on the market are below 100 kg per year from a single manufacturer, the person responsible for placing the substance on the market may restrict the information in the technical dossier referred to in paragraph (1)(a) to that provided for in Part C of Schedule 2, he shall also provide all the other information referred to in paragraph (1)(b) and this information shall be notified to the competent authority in summary form.
3
At the request of the competent authority, the person responsible for placing the substance on the market shall provide it with the full information referred to in paragraph (1) or (2), as appropriate, together with a detailed and full description of the studies conducted or bibliographic references to them.
4
Subject to paragraph (5) and the conditions set out below, the following new substances shall be treated as having been notified under these Regulations —
a
polymers except those containing in combined form 2 per cent or more of a new substance;
b
subject to paragraph (6), substances placed on the market in quantities of less than 10 kg per year per manufacturer;
c
substances placed on the market in quantities of less than 100 kg per year per manufacturer and intended solely for the purposes of scientific research and development on condition that the person placing the substance on the market maintains a record of the identity of the substance, labelling data and a list of customers in member States;
d
substances placed on the market for the purposes of process-orientated research and development with a limited number of registered customers in quantities that are limited to those purposes, subject to the following conditions —
i
the substance is duly notified within one year of its first having been placed on the market unless on reasoned grounds provided by the person responsible for placing the substance on the market the competent authority approves an extension for up to a further year,
ii
the person responsible for placing the substance on the market has notified to the competent authority the following information about the substance, namely, identity, labelling data, a justification for the quantity placed on the market,
iii
the person responsible for placing the substance on the market has provided a list of the customers,
iv
the person responsible for placing the substance on the market has provided an assurance that the substance or a preparation in which it is incorporated will only be handled by the customer’s staff in controlled conditions and will not be made available to the general public at any time, and
v
the person responsible for placing the substance on the market satisfies any condition imposed by the competent authority, which shall be limited to requiring the information provided for in paragraph (1).
5
In the case of any substance to which paragraph (4) applies and which on the basis of the information available might reasonably be expected to be very toxic, toxic, carcinogenic, toxic for reproduction or mutagenic, the person responsible for placing the substance on the market shall forthwith notify to the competent authority any appropriate information relating to paragraphs 2.3, 2.4 and 2.5 of Part A of Schedule 2, and, where available, any acute toxicity data.
6
In the case of a substance to which paragraph (4)(b) applies, which on the basis of the information available might reasonably be expected to be dangerous for the environment and which is intended to be used outside physical containment, the person responsible for placing the substance on the market shall forthwith notify to the competent authority any appropriate information relating to paragraph 2.3 of Part C of Schedule 2.
7
Substances to which paragraphs (1), (2) and (4) apply shall be packaged and labelled in accordance with the requirements of the Chemicals (Hazard Information and Packaging) Regulations 1993 insofar as the notifier may reasonably be expected to be aware of their dangerous properties, and if it is not reasonably practicable to label the substances completely on the basis of tests carried out in accordance with Schedule 2, Part A, in addition to the label deriving from such tests, the label shall carry the warning “Caution-substance not yet fully tested”.
8
In the case of a notifier who has submitted a reduced notification dossier in conformity with paragraph (2), he shall before the quantity of the substance reaches 100 kg per year from a single manufacturer or a total quantity of 500 kg per manufacturer, provide the competent authority with the information necessary to complete the dossier to the level of Part B Schedule 2.
9
In the case of a notifier who has submitted a reduced notification dossier in conformity with paragraph (1), he shall before the quantity of the substance reaches 1 tonne per year from a single manufacturer or a total quantity of 5 tonnes per manufacturer, submit to the competent authority a full notification in conformity with regulation 4.
Notifications relating to polymers
7
Subject to regulation 6(4)(a), for polymers the specific provisions relating to the technical dossiers contained in notifications under regulation 4 or 6(1) or (2) shall be those in Part D of Schedule 2.
Placing of notified substances on the market
8
1
Substances notified in accordance with regulation 4 may, in the absence of any objection by the competent authority, be placed on the market no sooner than 60 days after receipt of a notification which is in conformity with the requirements of that regulation.
2
If, within 60 days from receipt of the notification, the competent authority decides the notification is not in conformity with regulation 4, it shall inform the notifier in writing forthwith, and the substance shall only be placed on the market 60 days after receipt by the competent authority of the information necessary to bring the notification into conformity with that regulation.
3
Substances notified in accordance with regulation 6(1) or (2) may, in the absence of any objection by the competent authority, be placed on the market no sooner than 30 days after receipt of a notification which is in conformity with the requirements of the relevant paragraph of regulation 6.
4
If, within 30 days from receipt of the notification referred to in paragraph (3), the competent authority decides the notification is not in conformity with the relevant paragraph of regulation 6, it shall inform the notifier in writing forthwith, and the substance shall only be placed on the market 30 days after receipt by the competent authority of the information necessary to bring the notification into conformity with that paragraph.
5
In the case of a notification made under regulation 6, if the competent authority has informed the notifier in writing that the notification has been accepted as in conformity with that regulation, the substance may be placed on the market no sooner than 15 days after receipt of the summary of the dossier by the competent authority.
6
If a notification under regulation 4 or 6 has been accepted as conforming to the requirements of these Regulations, the competent authority shall forthwith advise the notifier of the official notification number that has been allocated to the notification.
Requirements for further information
9
1
Subject to paragraph (2), in relation to a substance already notified, the competent authority may in writing require further information, verification or confirmation tests concerning the substance or its transformation products within the time limit which it may specify.
2
The competent authority may only require further information in accordance with paragraph (1) if —
a
it is satisfied that the further information is reasonably required to evaluate the risks created by the substance to human health or the environment; or
b
it is acting in accordance with a decision of the European Commission under Articles 18(2) of the Directive.
3
When further information has been obtained by the notifier in pursuance of paragraph (1), the notifier shall forthwith provide the competent authority with that information in writing.
4
The information required under paragraph (1) may include requiring the information referred to in Schedule 3 earlier than required under regulation 5.
Follow up information
10
1
The notifier of a substance already notified in accordance with regulation 4 or 6 shall inform the competent authority of —
a
changes in the annual or total quantity of the substance placed on the Communities' market, by him or in the case of a substance manufactured outside the Communities for which the notifier has been designated as the sole representative of the manufacturer, by him and other importers whom he represents;
b
new knowledge of which he may be aware of the effects of the substance on human health or the environment or both;
c
new uses of which he may be aware for the substance;
d
any change in the composition of the substance as given in paragraph 1.3 of Schedule 2, Part A, B, or C as appropriate; and
e
any change in his status as manufacturer, importer or sole representative.
2
Any importer of a new substance manufactured outside the Communities who imports that substance under a notification made by a sole representative shall ensure that the sole representative is provided with up-to-date information on the quantity of the substance placed on the Communities' market by that importer.
Notification of substances previously notified
11
In the case of a new substance which had originally been notified at least 10 years previously, a subsequent notifier need not provide the information included in Schedule 2, Part A, B or C with the exception of that specified in paragraphs 1 and 2 of the relevant Part.
Substances manufactured outside the Communities
12
1
Subject to paragraph (2), where for a substance manufactured outside the Communities —
a
more than one notification exists for the same substance manufactured by the same manufacturer (whether to one or more competent authorities of member States); and
b
the cumulative annual tonnage or the cumulative total tonnage determined by the European Commission and the competent authorities of the member States, on the basis of information notified underArticles 7(1), 8(1) and 14 of the Directive, exceeds for the first time any of the limits specified in regulation 5, each notifier established in Great Britain shall carry out the additional testing required under paragraph (1) of regulation 5 and shall provide the competent authority with the results of those tests in accordance with paragraph (2) of that regulation.
2
Where the manufacturer has appointed a sole representative, the obligation to comply with paragraph (1) shall not apply to previous notifiers other than the sole representative, and only to the sole representative if he is established in Great Britain.
3
Where in accordance with paragraph (1), the obligation to carry out further testing falls upon one or more notifiers established in Great Britain, the competent authority shall inform each such notifier of the identities of other notifiers within the Communities and draw attention to the collective responsibilities of notifiers under Article 11 of the Directive.
Further notification of the same substance and avoidance of duplication of testing on vertebrate animals
13
1
In the case of a substance that has already been notified under regulation 4 or 6(1) or (2), the competent authority may agree that a subsequent notifier of that substance may, for the purposes of paragraphs 3, 4, and 5 of Part A or B of Schedule 2 or paragraphs 3 and 4 of Part C of Schedule 2, refer to the results of tests or studies or both included in the technical dossier forwarded by the previous notifier if —
a
the subsequent notifier can provide evidence that the substance intended to be notified is the same as the one previously notified, including the degree of purity and the nature of the impurities; and
b
the previous notifier has given his consent in writing that such reference may be made.
2
Without prejudice to paragraph (1), where a prospective notifier intends to notify a new substance to the competent authority under regulation 4 or 6(1) or (2), he shall enquire of the competent authority as to —
a
whether or not the substance that he intends to notify has already been notified to a competent authority of a member State; and
b
the name and address of the previous notifier.
3
Any enquiry made in accordance with paragraph (2) shall be supported by evidence that the prospective notifier has the intention to place the substance on the market and of the quantities involved.
4
Where —
a
the competent authority is satisfied that the prospective notifier intends to place the substance on the market in the quantities stated;
b
the substance had been notified previously; and
c
the first notifier had not requested in accordance with regulation 4(f) a temporary exemption from the provisions of this regulation to which the competent authority has agreed, after informing the previous notifier of its intention, the competent authority shall provide the prospective notifier with the name and address of the previous notifier.
5
In a case in which the competent authority has given the prospective notifier the name and address of the previous notifier in accordance with paragraph (4), those notifiers shall take all reasonable steps to reach an agreement to share information in accordance with paragraph (1) so as to avoid the duplication of testing on vertebrate animals.
6
Where, notwithstanding the requirements of paragraph (5), the prospective notifier has failed to reach an agreement with the first notifier, he shall forthwith inform the competent authority in writing and shall not commence testing on vertebrate animals within 30 days of the receipt of that information by the competent authority.
7
Where, in accordance with paragraph (5), notifiers have agreed to share information to avoid the duplication of testing on vertebrate animals, and additional testing is required under regulation 5, they shall take all reasonable steps to reach agreement to share the information required by that regulation.
Tests under these Regulations to conform to the principles of good laboratory practice
14
1
Where a notifier requires tests to be carried out for the purposes of making a notification under regulation 4, 5 or 6, he shall take all reasonable steps to ensure that those tests are carried out in accordance with the principles of good laboratory practice referred to in Article 1 of Council Directive No. 87/18/EEC on the application of the principles of good laboratory practice and the verification of their application for tests on chemical substances.
2
Where the tests are carried out at a laboratory not under the control of the notifier, before the tests are commenced the notifier shall inform the person having control of that laboratory that the tests are required for the purposes of these Regulations.
3
A person having control of a laboratory in which tests are carried out for the purposes of these Regulations shall, if it be the case, provide the notifier at his request with a certificate in writing that the tests were conducted in accordance with the principles of good laboratory practice.
4
The principles of good laboratory practice referred to in paragraph (1) are set out in Annex B of Commission Directive 90/18/EEC adapting to technical progress the Annex to Council Directive 88/320/EEC on the inspection and verification of Good Laboratory Practice.
Notifications and reports to be in English
15
Notifications and reports required under these Regulations shall be in English.
PART III
RIGHTS AND DUTIES OF THE COMPETENT AUTHORITY
Risk assessments
16
1
In the case of substances notified under regulation 4 or 6(1) or (2), the competent authority shall carry out an assessment of the real and potential risks created by the substance to human health and the environment in accordance with the general principles referred to inArticle 3(2) of the Directive and that assessment shall include recommendations —
a
on the most appropriate method for testing the substance; and
b
where appropriate, on measures which will enable the risks to human health and the environment in relation to the placing on the market of the substance to be lessened.
2
The assessment made in accordance with paragraph (1) shall be reviewed in the light of any additional information becoming available to the competent authority, in particular any information provided in accordance with regulation 5, 6(8) or (9), 9 or 10.
Information to be sent by the competent authority to the European Commission
17
1
When the competent authority has received a notification under regulation 4 or 6(1), information on supplementary testing under regulation 5 or 6(8) or (9) or additional information under regulation 9 or 10, it shall forthwith send to the European Commission a copy of the dossier or information in pursuance of the regulation concerned or, in each case, a summary thereof.
2
Where the competent authority has required further information from the notifier in accordance with regulation 5 or 9(1), the competent authority for Great Britain shall notify the European Commission of the tests chosen in pursuance of the regulation concerned, the reasons for the choice, the results and where appropriate, an assessment of those results.
3
In the case of information received in pursuance of regulation 6(4), the competent authority shall send to the European Commission such elements of that information as would, in its opinion, be of common interest to the Commission and other competent authorities.
4
The competent authority shall send to the European Commission a copy of any risk assessment made in pursuance of regulation 16 or a summary thereof as soon as it becomes available.
5
The competent authority shall —
a
give effect to any decision of the European Commission underArticle 18(2) of the Directive addressed to it;
b
in a case where the competent authority has furnished a summary of the dossier or further information in accordance with the foregoing paragraphs of this regulation, allow the European Commission or another competent authority access to the full dossier and information; and
c
have regard to suggestions made by other competent authorities for further testing or information made in accordance with Article 18(2) of the Directive.
PART IV
DISCLOSURE OF INFORMATION
Disclosure of information provided under Part II of these Regulations
18
1
Subject to the following paragraphs of this regulation, in so far as any provision in Part II is made under section 2(2) of the European Communities Act 1972, information notified under that provision shall be treated as relevant information for the purposes of section 28 of the Health and Safety at Work etc.Act 1974.
2
Where a person making a notification in pursuance of Part II indicates that it contains certain information the disclosure of which might harm his competitive position and should be kept confidential, full justification for that indication shall be given and the competent authority shall decide which information shall be kept confidential and shall inform the notifier of the decision.
3
Nothing in paragraph (2) shall apply to the following information which, where applicable, cannot be kept confidential —
a
the trade name of the substance;
b
the name of the manufacturer and notifier;
c
the physico-chemical data concerning the substance provided in paragraph 3 of Part A, B or C (as appropriate) of Schedule 2;
d
the possible ways of rendering the substance harmless;
e
the summary results of toxicological and ecotoxicological tests;
f
if essential to the classification and labelling for the purpose of introducing the substance into Annex I to the Directive, the degree of purity of the substance and the identity of any impurity or additive which is known to be a dangerous substance;
g
the recommended methods and precautions referred to in paragraph 2.3 and the emergency measures referred to in paragraph 2.4 or 2.5 of Part A, B or C (as appropriate) of Schedule 2;
h
in the case of a substance which is a dangerous substance, the information to be contained in the safety data sheet provided for the purposes of regulation 6 of the Chemicals (Hazard Information and Packaging) Regulations 1993; and
i
in the case of substances listed in the approved supply list, analytical methods that make it possible to detect the substance when discharged into the environment and to determine the direct exposure of humans.
4
If the manufacturer, an importer or the notifier himself subsequently discloses previously confidential information he shall inform the competent authority accordingly and such information shall no longer be treated as being confidential for the purposes of these Regulations.
Treatment of confidential information
19
1
Information which the competent authority has agreed shall be kept confidential shall not be disclosed except —
a
with the consent of the notifier;
b
to another competent authority or to the European Commission;
c
to the extent necessary to evaluate the notification and prepare the risk assessment; or
d
for the purposes of legal proceedings.
2
The competent authority shall inform the other competent authorities and the European Commission of what information it has agreed shall be kept confidential.
3
Where the competent authority receives information which another competent authority has agreed shall be kept confidential, it shall also treat that information as confidential and shall not disclose it except in accordance with paragraph (1).
Substances appearing in the list of notified substances
20
1
A person who makes a notification under regulation 4 or 6(1) or
2
may at the time of making the notification —
a
in the case of a substance that is not a dangerous substance, request the competent authority to require the European Commission to enter it in ELINCS in the form of its trade name for the maximum of 3 years from the date of the entry; or
b
in the case of a substance which is a dangerous substance, request the competent authority to require the European Commission to enter it in ELINCS in the form of its trade name until such time as that substance has been introduced into Annex I of the Directive; and in either case the competent authority shall accede to that request.
2
In a case in which —
a
a request had been made in accordance with sub-paragraph (a) of paragraph (1); and
b
the notifier considers that the publication of the chemical name in the IUPAC nomenclature itself could reveal information concerning the commercial exploitation or manufacture of the substance,
the notifier may request the competent authority to require the European Commission to enter it in ELINCS in the form of its trade name for so long as the competent authority sees fit, and in such a case the competent authority shall accede to that request unless it considers that the publication of the chemical name in the IUPAC nomenclature itself could not reveal information concerning the commercial exploitation or manufacture of the substance.
PART V
MISCELLANEOUS AND GENERAL
Enforcement and civil liability
21
1
Insofar as any provision of regulations 4 to 20 is made under section 2(2) of the European Communities Act 1972 —
a
subject to paragraph (2), the provisions of the Health and Safety at Work etc.Act 1974 which relate to the approval of codes of practice and their use in criminal proceedings, enforcement and offences shall apply to that provision as if that provision had been made under section 15 of that Act; and
b
breach of any duty imposed by any provision of those regulations shall confer a right of action in civil proceedings, if that breach of duty causes damage.
2
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 and subject to regulation 22(2), the enforcing authority for these Regulations shall be the Executive.
Prohibition of importation and placing on the market of unnotified substances
22
1
Where a new substance is required to be notified under regulation 4 or 6, the importation of that substance into the United Kingdom is prohibited unless it has been duly notified in accordance with that regulation.
2
Any contravention of paragraph (1) shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
3
Where the Executive has reasonable cause to believe that a person has or is likely to have in his possession a new substance to which these Regulations apply and which has not been duly notified in accordance with regulation 4 or 6 or Article 7(1) of the Directive it may, by notice in writing prohibit that person from placing that substance on the market or disposing of it until 60 days, or in the case of a substance that is required to be notified under regulation 6 30 days, after in either case it has been duly notified.
Exemption certificates
23
1
Subject to paragraph (2) and to any provisions imposed by the Communities in respect of the notification, control and regulation of substances, the Executive may, by a certificate in writing, exempt any person or class of persons, substance or class of substances from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption or the protection of the environment will not be prejudiced in consequence of it.
Fees for notifications etc.
24
The fee fixed by column 2 of Schedule 4 shall be payable in advance by a notifier to the Executive in relation to any matter referred to in the corresponding entry in column 1 of that Schedule.
Revocations, amendments and transitional provisions
25
1
The following Regulations are revoked —
a
the Notification of New Substances Regulations 1982 ;
b
the Notification of New Substances (Amendment) Regulations 1986 ; and
c
the Notification of New Substances (Amendment) Regulations 1991 .
2
In the Chemicals (Hazard Information and Packaging) Regulations 1993 —
a
in regulation 5(3) —
i
for “the Notification of New Substances Regulations 1982”, there shall be substituted “the Notification of New Substances Regulations 1993 (S.I.No.3050) ”, and
ii
for “regulation 4(1)”, there shall be substituted “regulation 4 or (1) or (2)”;
b
in regulation 18(3) at the end (but before the full stop) there shall be added the words “and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were 3 months instead of 6 months”; and
c
regulation 21(4) shall be revoked.
3
After 31st January 1994, notifications made under the Notification of New Substances Regulations 1982 as in force immediately before that date shall be treated as notifications made under these Regulations and the requirements of these Regulations shall apply to such notifications as they apply to notifications made after that date.
4
Between 31st January 1994 and 31st July 1994, it shall be a sufficient compliance with these Regulations, if a notifier provides such information (if any) about a new substance as was required by the Notification of New Substances Regulations 1982 as in force immediately before the coming into force of these Regulations, and other additional information required under these Regulations by 31st July 1994.
5
In the case of a new substance which was not required to be notified under the Notification of New Substances Regulations 1982 as for the time being in force by virtue of a certificate of exemption granted under regulation 12 of those Regulations, it shall be a sufficient compliance with these Regulations if the notifier notifies the substance in accordance with these Regulations before 31st July 1994.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment
15th December 1993
John Gummer
Secretary of State,
Department of the Environment
15th December 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Queen Victoria Hospital 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;
“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 Queen Victoria Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Queen Victoria Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at The Queen Victoria Hospital, Holtye Road, East Grinstead, West Sussex RH19 3DZ.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Tunbridge Wells Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Tunbridge Wells 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 Tunbridge Wells 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
Brian Mawhinney
Minister of State
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dental Vocational Training Authority (Establishment and Constitution) and Appeal Body (Specification) Order 1993 and shall come into force on 1st October 1993.
2
In this Order “ the Act ” means the National Health Service Act 1977, “the Authority” means the Dental Vocational Training Authority established by this Order, and “member” does not include the Chairman.
Establishment of the Dental Vocational Training Authority
2
There is hereby established a special health authority which shall be known as the Dental Vocational Training Authority.
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give to the Authority under the Act , the Authority shall perform on behalf of every Family Health Services Authority within England and Wales such functions relating to general dental services, or to dental practitioners who provide or may provide them, as the Secretary of State may direct.
Constitution of the Authority
4
1
The Authority shall consist of–
a
the Chairman;
b
not more than 41 members.
2
The Chairman shall be appointed by the Secretary of State and the members shall be appointed by the Secretary of State after consultation with a body which is, in the opinion of the Secretary of State, representative of the dental profession.
3
One of the members shall be appointed by the Secretary of State as secretary of the Authority; and the Chairman and every member apart from the secretary shall be a dental practitioner, and the secretary may, but need not, be such a person.
4
A person shall not be appointed as Chairman or as a member if he is disqualified for appointment as a member of a Family Health Services Authority under regulation 6 of the Family Health Services Authorities (Membership and Procedure) Regulations 1990 , except where that disqualification is because of his having had his term of office as a member of such an Authority terminated pursuant to regulation 4(3) of those Regulations.
Remuneration of members
5
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of health authorities).
Allowances for members of Appeal Body
6
The Appeal Body established by the National Health Service (General Dental Services) Amendment Regulations 1993 is hereby specified for the purposes of section 102(1)(b) of the Act (allowances for members of certain bodies) as being a body recognised by the Secretary of State to have been formed for the purpose of performing a function connected with the provision of services under that Act.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
9th September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Healthcare 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 Nottingham Healthcare 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 Nottingham Healthcare 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 Mapperley Hospital, Porchester Road, Nottingham NG3 6AA and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Mapperley Hospital, Porchester Road, Nottingham NG3 6AA and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Nottingham.
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 Nottingham 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 Nottingham 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 Nottingham 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
John Bowis
Parliamentary Under-Secretary of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1993 and shall come into force on 1st October 1993.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A is a reference to Appendix A of those Rules.
Transfer of proceedings in contentious probate cases
3
In Order 4, rule 5 —
1
at the beginning of paragraph (3), for the word “Where”, there shall be substituted the words “Subject to paragraph (5A), where”;
2
at the beginning of paragraph (4), for the word “Without”, there shall be substituted the words “Subject to paragraph (5A), without”; and
3
at the end of paragraph (5) there shall be inserted the following new paragraph —
5A
A probate cause or matter may only be transferred under this rule to Chancery Chambers or to one of the Chancery district registries.
.
Duration of Admiralty writs in rem
4
In Order 6, rule 8, for paragraph (1) there shall be substituted the following —
1
For the purposes of service, a writ (other than a concurrent writ) is valid in the first instance —
a
if an Admiralty writ in rem , for 12 months;
b
where leave to serve the writ out of the jurisdiction is required under Order 11, for 6 months;
c
in any other case, for 4 months
beginning with the date of its issue.
.
Originating summons procedure
5
In Order 28, rule 2(2), for the words “rule 1A(2) and (3)” there shall be substituted the words “rule 1A(1) and (2)”.
Extension of requirement for leave
6
Order 59 shall be amended as follows —
1
in rule 1A, at the beginning of paragraph (6)(aa) the words “subject to section 18(2)(a) of the Act,” shall be omitted; and
2
after rule 1A, there shall be inserted the following new rule —
Classes of case where leave to appeal is required
1B
1
The classes of case prescribed for the purposes of section 18(1A) of the Act (appeals subject to leave) are the following —
a
a determination by a divisional court of any appeal to the High Court;
b
orders of the High Court or any other court or tribunal made with the consent of the parties or relating only to costs which are by law left to the discretion of the court or tribunal;
c
an order granting or refusing any relief made at the hearing of an application for judicial review, except in proceedings arising from a decision made by virtue of the Immigration Act 1971 , the British Nationality Act 1981 , the Immigration Act 1988 , the Asylum and Immigration Appeals Act 1993 or any other enactment relating to nationality or immigration which for the time being is in force in any part of the United Kingdom;
d
orders which include the giving or refusing of possession of land;
e
orders including the grant or refusal of an application for the grant of a new tenancy under Part II of the Landlord and Tenant Act 1954 ;
f
interlocutory orders of the High Court or any other court or tribunal, except in the following cases, namely —
i
where the liberty of the subject is concerned;
ii
where the residence, education or welfare of a minor is concerned;
iii
where an applicant for contact with a minor is refused all contact with the minor;
iv
in the case of a decree nisi in a matrimonial cause.
2
For the purposes of sub-paragraph (1)(f), “education” includes training and religious instruction.
3
Leave to appeal to the Court of Appeal may be given by the court or tribunal from whose decision the appeal is sought or by the Court of Appeal.
; and
3
in rule 14 —
a
at the end of paragraph (2A) there shall be added the words “before two Lords Justices”; and
b
at the end of paragraph (2B) there shall be added the words “before two Lords Justices”.
7
Rule 6 shall apply to all proceedings in which an appeal is set down or an application is lodged with the Court of Appeal on or after 1st October 1993.
Copies of documents for other parties
8
Order 66 shall be amended as follows —
1
for rule 3, there shall be substituted the following —
Copies of documents for other parties
3
1
Where a document has been prepared by a party for use in the Supreme Court, the party by whom it has been prepared must supply any party entitled to a copy of it with a copy of it and, where the document in question is an affidavit, of any document exhibited to it.
2
Subject to paragraph (3), the document must be ready for delivery within 48 hours after a written request for it, together with an undertaking to pay the proper charges, is received and must be supplied immediately on payment of those charges.
3
Where a party is joined to existing proceedings, the party joined shall be entitled to require the party joining him to supply, without charge, copies of all pleadings, affidavits and exhibits served in the proceedings by or upon the joining party which relate to any issues between the joining party and the party joined, and copies of all orders made in those proceedings.
The documents must be supplied within 48 hours after a written request for them is received.
4
Where a document to which paragraph (1) or (3) applies exists in electronic form, a copy must be supplied (at the option of the party entitled to a copy of it) either in electronic form or hard copy, or both, and if supplied in electronic form must be supplied with sufficient technical information to enable the party entitled to such copy to read the document.
; and
2
in rule 4, paragraph (2) shall be omitted.
Address for service of party whose solicitor is removed
9
Order 67 shall be amended as follows —
1
in rule 4, after the words “an address” there shall be inserted the words “within the jurisdiction”; and
2
for rule 7 there shall be substituted the following new rule —
7
1
Where —
a
an order is made under rule 5, or
b
an order is made under rule 6, and the applicant for that order has complied with rule 6(1), or
c
the certificate of an assisted person within the meaning of the Civil Legal Aid (General) Regulations 1989 is revoked or discharged,
then, unless and until the party to whose solicitor or to whom, as the case may be, the order or certificate relates either appoints another solicitor and complies with rule 3, or being entitled to act in person, gives notice of his intention so to do and complies with rule 4, his last known address within the jurisdiction or, where the party is a body corporate, its registered or principal office shall for the purpose of the service on him of any document not required to be served personally, be deemed to be his address for service.
2
Where such party has no last known address or registered or principal office (as the case may be) within the jurisdiction, and the party wishing to serve documents on him does not know, or may not reasonably be expected to know, of any other address for service within the jurisdiction, he shall be deemed to have no address for service for the purposes of Order 65, rule 9.
.
Reciprocal enforcement of judgments
10
In Order 71, after rule 39 there shall be added the following new rule —
Authentic Instruments and Court Settlements
39A
Rules 27 to 35 inclusive (except rule 28(1)(a)(ii)) shall apply to:
1
an authentic instrument to which either article 50 of Schedule 1 to the Act of 1982 or article 50 of Schedule 3C to that Act applies; and
2
a settlement to which either article 51 of Schedule 1 to the Act of 1982 orarticle 51 of Schedule 3C to that Act applies,
as they apply to a judgment, subject to any necessary modifications.
.
Action in Chancery Division for possession or payment
11
In Order 88, rule 5, after paragraph (2) there shall be inserted the following new paragraph —
2A
Unless the Court otherwise directs, the affidavit may contain statements of information or belief with the sources and grounds thereof.
.
Taking evidence abroad in family proceedings
12
In Order 107, rule 3 shall be amended as follows —
1
at the beginning of paragraph (1) for the word “A”, there shall be substituted the words “Subject to paragraph (1A), a”; and
2
after paragraph (1) there shall be inserted the following new paragraphs —
1A
In relation to family proceedings in a county court, an application relating to the exercise of the powers conferred upon a master of the Queen’s Bench Division by paragraph (1) shall be made to a district judge of the principal registry of the Family Division.
1B
In paragraph (1A) “family proceedings” means family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984 .
.
Writ of fieri facias to enforce Northern Irish or Scottish judgment — Form No. 62
13
In Appendix A, for Form No. 62 there shall be substituted the following —
No. 62
Writ of fieri facias to enforce Northern Irish or Scottish judgment
(O.71 r.14)
.
Mackay of Clashfern, C.,
Taylor, C.J.,
Bingham M.R.,
Stephen Brown, P.,
Donald Nicholls, V-C.,
Leggatt, L.J.,
Morritt, J.
Phillips, J.,
Miss Jean Ritchie,
Jules Sher,
John Wall,
K. C. R. Gibson
30th July 1993


text:
1
This Order may be cited as the Railways Act 1993 (Commencement No. 1) Order 1993.
2
1
The following provisions of the Railways Act 1993 shall come into force on 24th December 1993:
in section 4, subsections (1), (3) and (7), for the purposes of the functions of the Secretary of State under section 33; and subsection (9) for the purposes of the definitions of “environment” and “through ticket”;
section 32;
section 33;
section 81;
section 82;
in section 83, subsection (1) for the purposes of the definitions of “goods”, “light maintenance services”, “locomotive”, “network”, “network services”, “premises”, “passenger service operator”, “railway”, “railway services”, “railway vehicle”, “rolling stock”, “station”, “station services”, “track”, “train” and “vehicle”; and subsection (2);
sections 142 to 144;
section 145(1) to (6), except for the purposes of subsections (5)(a) and (5)(b)
;
sections 146 to 149;
section 150(1) to (3);
in section 151, subsection (1) for the purposes of the definitions of “the Board”, “body corporate”, “company”, “contravention”, “the Franchising Director”, “functions”, “local authority”, “the Monopolies Commission”, “notice”, “the Regulator”, “subsidiary” and “wholly owned subsidiary”; and subsection (5);
section 154.
2
The following provisions of that Act shall come into force on 6th January 1994: section 6(2);
section 23(3) and (4);
section 25(1) and (2), for the purpose of providing a definition of “public sector operator”;
section 29(8);
section 83(1) for the purposes of the definitions of “additional railway asset”, “the Director”, “franchise agreement”, “franchise operator”, “franchise term”, “franchised services”, “franchisee”, “information”, “licence” and “licence holder”, “light maintenance depot”, “operator”, “passenger licence”, “private sector operator”, “public sector operator”, “railway asset”, “railway passenger service”, “records” and “station licence”;
section 84;
section 85;
in section 87, subsection (1) for the purpose of enabling the Secretary of State to transfer functions to himself, and subsections (2) and (5);
sections 88 to 92;
section 93, except subsection (3)(b);
sections 94 to 116;
sections 126 to 128;
section 130;
section 131;
in section 134, subsection (1) for the purpose of bringing into force the provisions of Schedule 11 referred to below, and subsections (2) and (3);
section 141, except subsection (1)(a);
section 151, so far as not brought into force by paragraph (1) above;
section 152(1) and (3), for the purpose of bringing into force the provisions of Schedules 12 and 14 referred to below;
section 153;
Schedule 8;
Schedule 9;
in Schedule 11, paragraphs 1 to 8, 9(1) and (2), 9(3) for the purpose of inserting section 52D(6), (7) and (8) in the Transport Act 1980 , 9(4), 10 and 12 to 14;
in Schedule 12, paragraphs 4, 5, 6(1) to (5) and (7), 7, 8, 10 to 13, 14(1) to (3), 23, 24, 26, 28, 30 and 31;
in Schedule 14, the repeals relating to:
section 43 of the British Transport Commission Act 1950 ;
sections 4(1)(b), (2) and (7), 5, 13(3) and 53 of the Transport Act 1962 ;
sections 42(3) to (5) and (6)(b), 45 and 50(2) and 137(1)(a) of the Transport Act 1968 ).
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
23rd December 1993


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Fifth Amendment) Regulations 1993 and shall come into force on 1st January 1994.
2
The Civil Aviation (Joint Financing) Regulations 1988 shall be amended as follows:
a
In regulation 4(1) for the sums £43.65, £10.43 and £33.22 there shall be substituted respectively the sums £43.86, £11.63 and £32.23;
b
In regulation 15(2) for the figure 2% there shall be substituted the figure 2.234%.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
24th November 1993
We consent to the making of these Regulations.
Tim Wood
Nicholas Baker
1st December 1993


text:
1
Each length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Kent that the new trunk roads are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered PSE/O/A249/2/08/1/1 marked “The A249 Trunk Road (M2 to Bobbing Improvement Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of the A249 Trunk Road (M2 to Bobbing Improvement) Order 1993 ;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
v
“the trunk road” means the A249 Trunk Road.
3
This Order shall come into force on 23rd March 1993 and may be cited as the A249 Trunk Road (M2 to Bobbing Improvement Detrunking) Order 1993.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
18th February 1993


text:
Citation and commencement
1
This Order may be cited as the King’s Healthcare National Health Service Trust (Establishment) Amendment Order 1993 and shall come into force on 1st April 1993.
Amendment of establishment Order
2
In the King’s Healthcare National Health Service Trust (Establishment) Order 1991 the definition in article 1(2) of “community health services” and article 3(2)(b) shall be omitted.
Virginia Bottomley
Secretary of State for Health
11th March 1993


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1993.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 5) Order 1992 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Argentina — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Burkina — 1st August 1992 Canada
Ontario
New Brunswick
British Columbia
Manitoba
Nova Scotia
Newfoundland
Prince Edward Island
Quebec
Yukon Territory
Saskatchewan
Alberta
Northwest Territories
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st August 1986
1st November 1986
1st February 1987
1st April 1988
Denmark — 1st July 1991 Ecuador — 1st April 1992 France — 1st August 1986 Germany — 1st December 1990 Greece — 1st June 1993 Hungary — 1st September 1986 Republic of Ireland — 1st October 1991 Israel — 1st December 1991 Luxembourg — 1st January 1987 Mauritius — 1st June 1993 Mexico — 1st September 1991 Monaco — 1st February 1993 Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 Poland — 1st November 1992 Portugal — 1st August 1986 Romania — 1st February 1993 Spain — 1st September 1987 Sweden — 1st June 1989 Switzerland — 1st August 1986 United States — 1st July 1988 Yugoslavia — 1st December 1991
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Gipsy Encampments (Metropolitan District of Sefton) Order 1993 and shall come into force on 13th May 1993.
2
The area of the Metropolitan District of Sefton is designated as an area to which section 10 of the Caravan Sites Act 1968 (prohibition of unauthorised camping in designated areas) applies.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
14th April 1993


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1993 and shall come into force on 1st September 1993.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations–
“ AIP ” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication” or “AIP” and published by a public authority of that country;
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ ECUs ” means European Currency Units being units of account defined by reference to more than one currency;
“ FIR ” means “Flight Information Region”;
“specified airspace” means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989 .
Charge to be paid to Eurocontrol
4
1
Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.
2
If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in ECUs.
2
Without prejudice to any existing rule of law relating to the recovery of a debt expressed in ECUs, the equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
3
Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in ECUs or at places other than the principal office of Eurocontrol.
Calculation of the charge
6
1
Except in the case of flights specified in regulation 7 of these Regulations, the charge shall be calculated in ECUs according to the following formula–
r = N × U
where
r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula–
N = d × p
where
d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph–
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraph (6) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are:
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of entry into that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.
5
The standard points of entry and exit referred to in paragraph (4) of this regulation are the points, as described in the United Kingdom Air Pilot or relevant AIP as the case may be, where the median line of the appropriate airway or upper Air Traffic Service route so described crosses the boundary of the airspace in question.
For the purposes of this paragraph, the appropriate airway or route, in the case of a flight made between 1st January and 31st December in any year, shall be–
the airway or route between the aerodrome of departure and the aerodrome of first destination which appears to Eurocontrol on 1st January of that year to be the most frequently used such airway or route; or
if Eurocontrol is unable to ascertain on 1st January of that year which such airway or route is the most frequently used, the shortest such airway or route:
Provided that in the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column 1 of Schedule 3 to these Regulations but that aerodrome is not specified in column 2 of the said Schedule the point of entry into or, as the case may be, of exit from the said airspace shall be the actual point where the flight in question crosses the lateral limits of that airspace as described in the United Kingdom Air Pilot or relevant AIP as the case may be.
6
The weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type:
Provided that where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.
7
The charge in relation to a flight which enters a specified airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column 2 of Schedule 3 hereto and the aerodrome of the first destination or the aerodrome of departure, as the case may be, is situated in any one of the zones specified in column 1 of that Schedule shall be calculated in ECUs according to the following formula–
C = Z × p
where
C is the charge payable, Z is the charge specified in column 3 of the said Schedule (appropriate to the maximum total weight authorised of 50 metric tonnes) increased or decreased as the case may be by the same percentage as the relevant national currencies have increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of Schedule 2 hereto in relation to that airspace and p is the weight factor of the aircraft concerned determined in accordance with regulation 6(3)(b) and 6(6) of these Regulations.
8
1
For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be–
a
where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and
b
where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.
2
a
Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
b
Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Exempt flights
9
These Regulations shall not apply to the following flights–
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5700kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air Regulations 1991 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made by aircraft which are used in the service of a State (including for customs or police purposes) and which are not made for commercial purposes;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of the instruction or testing of flight crew;
viii
flights made exclusively for the purpose of enabling an aircraft to qualify for the issue or renewal of a Certificate of Airworthiness or of the validation thereof or the approval of a modification of the aircraft, after an application has been made for such issue, renewal, validation or approval as the case may be;
ix
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
x
flights between points within the specified airspace of Austria;
xi
flights between points within the specified airspace of France;
xii
flights made by helicopters between any point in the United Kingdom and an offshore installation within the area bounded by straight lines joining successively the following points–
N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500; N6300 E/W00000;
and thence south by the Median Line to N5500 E00302.
xiii
flights made by helicopters between any point in the United Kingdom and an offshore installation within the area bounded by straight lines joining successively the following points–
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
10
Where default is made in the payment of the charges incurred in respect of any aircraft under these Regulations Eurocontrol may request the CAA to act on behalf of Eurocontrol in accordance with the provisions of regulations 11 to 14.
11
Where such a request has been made, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either–
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days after the date when the detention begins, the CAA may sell the aircraft on behalf of Eurocontrol in order to satisfy the charges.
12
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of the charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein–
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
a
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of default.
b
In this regulation, “the court” means, as respects England, Wales and Northern Ireland, the High Court, and as respects Scotland, the Court of Session.
14
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under regulation 13 above, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 4 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say–
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 11 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Londonderry (Eglinton) Airport.
19
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, by action.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
28th July 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Manchester Central Hospitals and Community Care National Health Service Trust (Change of Name) Order 1993 and shall come into force on 8th February 1993.
2
In this Order unless the context otherwise requires–
“ the Order ” means the Manchester Central Hospitals and Community Care National Health Service Trust (Establishment) Order 1990 ;
“ the trust ” means the National Health Service Trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Central Manchester National Health Service Trust instead of the Manchester Central Hospitals and Community Care National Health Service Trust and accordingly in the definition of “the trust” in article 1(2) and in article 2 of the Order for the words “Manchester Central Hospitals and Community Care” there shall be substituted the words “Central Manchester”.
Transitional provisions
3
The change of name under this Order shall not–
a
affect any right or obligation of any person
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
1st February 1993


text:
1
This Order shall come into force on 30th July 1993 and may be cited as the A35 Trunk Road (Tolpuddle to Puddletown Bypass) (Detrunking) Order 1993.
2
From the date on which the Secretary of State notifies the County Council of Dorset that the new trunk roads are open for through traffic:
a
each length of trunk road described in the Schedule to this Order, and shown on the deposited plan by broad striped hatching and a reference letter, shall cease to be trunk road;
b
the length of trunk road described in paragraph 1 of that schedule, and shown on the deposited plan by the reference letter A, shall be a classified road.
3
In this Order:
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SDM84 marked “The A35 Trunk Road (Tolpuddle to Puddletown Bypass) (Detrunking) Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” has the same meaning as in The A35 Trunk Road (Tolpuddle to Puddletown Bypass and Slip Roads) Order 1993 .
Signed by authority of the Secretary of State for Transport
Elisabeth Hopkins
Regional Director South West Region
Department of Transport
12th July 1993


text:
Citation and commencement
1
1
This Order may be cited as the Lewisham and Southwark (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 Orderany reference to Lewisham or to Southwark is a reference to the London borough of that name;
“the map” means one or more of the 4 maps prepared by the Department of the Environment, marked “Maps of the Lewisham and Southwark (London Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Area Change 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 from Lewisham to Southwark
3
Each area of Lewisham which is described in column 1 of the following Table shall be transferred to —
a
Southwark;
b
the ward mentioned in column 2; and to
c
the South Central petty sessional area.
(1) (2) Description of area transferred To Southwark, from Lewisham — and to the following ward —
The parts of the Evelyn ward marked B on map 1 and M on map 2. Dockyard The parts of the Marlowe ward marked B, D and F on map 2, and B on map 3. Rotherhithe The part of the Marlowe ward marked A on map 3. Consort The part of the Pepys ward marked B on map 4. Waverley
Transfers from Southwark to Lewisham
4
Each area of Southwark which is described in column 1 of the following Table shall be transferred to —
a
Lewisham;
b
the ward mentioned in column 2; and to
c
the South Eastern petty sessional area.
(1) (2) Description of area transferred To Lewisham, from Southwark — and to the following ward —
The part of the Barset ward marked A on map 4. Pepys The parts of the Dockyard ward marked A on map 1, and L and N on map 2. Evelyn The parts of the Dockyard ward marked J and K on map 2. Marlowe The parts of the Rotherhithe ward marked C, E, G, and H on map 2. Marlowe
Town and Country Planning
5
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
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
20th May 1993


text:
1
The London Borough of Hackney (Lea Bridge-Cycle/Footbridge) Scheme 1993 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of the Directorate of Legal Services, London Borough of Hackney, 298 Mare Street, Hackney, London E8 1HE.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the London Borough of Hackney (Lea Bridge-cycle/Footbridge) Scheme 1993 Confirmation Instrument 1993.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director Northern Region
Department of Transport
22nd December 1993