text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 1994 and shall come into force on 1st September 1994.
2
Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 shall be varied by inserting “Denmark” before “Federal Republic of Germany”.
N. H. Nicholls
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 4) Regulations 1994 and shall come into force on 10th January 1995.
2
In these Regulations, “the principal Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation), after the definition of “claim for benefit” there shall be inserted the following definition —
“instrument for benefit payment” means an instrument issued by the Secretary of State under regulation 20A on the presentation of which benefit due to a beneficiary shall be paid in accordance with the arrangements set out in that regulation;
.
Amendment of regulation 20 of the principal Regulations
3
In regulation 20 of the principal Regulations (time and manner of payment: general provision), for the words “regulations 21 to 27” there shall be substituted the words “regulations 20A to 27”.
Insertion of regulation 20A into the principal Regulations
4
After regulation 20 of the principal Regulations, there shall be inserted the following regulation —
Payment on presentation of an instrument for benefit payment
20A
1
Where it appears to the Secretary of State to be appropriate in any class of case, benefit due to a beneficiary falling within such a class shall be paid on presentation of an instrument for benefit payment in accordance with the arrangements set out in this regulation.
2
Where a beneficiary falls within a class mentioned in paragraph (1), the Secretary of State shall issue an instrument for benefit payment to —
a
that beneficiary;
b
the person authorised by that beneficiary to act on his behalf;
c
the person appointed by the Secretary of State under regulation 33 to act on behalf of that beneficiary; or
d
the person to whom benefit is to be paid on that beneficiary’s behalf further to a direction by the Secretary of State under regulation 34.
3
Instruments for benefit payment shall be in such form as the Secretary of State may from time to time approve.
4
Benefit shall not be paid under this regulation other than to —
a
a person to whom an instrument for benefit payment has been issued in accordance with paragraph (2); or
b
a person not falling within sub-paragraph (a) who has been authorised by a beneficiary to whom an instrument for benefit payment has been issued to act on his behalf.
5
The Secretary of State shall provide the paying agent with information as to the amount of benefit, if any, due to the beneficiary where the paying agent uses the instrument for benefit payment to request that information.
6
Where a paying agent pays benefit in accordance with this regulation, the person receiving it shall sign a receipt in a form approved by the Secretary of State and such signature shall be sufficient discharge to the Secretary of State for any sum so paid.
7
In this regulation, “paying agent” means a person authorised by the Secretary of State to make payments of benefit in accordance with the arrangements for payment set out in this regulation.
.
Amendment of regulation 22 of the principal Regulations
5
In paragraph (1) of regulation 22 of the principal Regulations (long term benefits), for the words “payable in each case to the beneficiary” there shall be substituted the words “or on presentation of an instrument for benefit payment”.
Amendment of regulation 23 of the principal Regulations
6
1
Regulation 23 of the principal Regulations (child benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), for the words “by serial orders” there shall be substituted the words “by means of serial orders or on presentation of an instrument for benefit payment”.
3
In sub-paragraph (a) of paragraph (3), after the words “serial orders” there shall be inserted the words “or on presentation of an instrument for benefit payment”.
Amendment of regulation 27 of the principal Regulations
7
In paragraph (1) of regulation 27 of the principal Regulations (family credit and disability working allowance), after the words “by means of a book of serial orders” there shall be inserted the words “or on presentation of an instrument for benefit payment”.
Substitution of regulation 47 of the principal Regulations
8
For regulation 47 of the principal Regulations there shall be substituted the following regulation —
Instruments of payment, etc and instruments for benefit payment
47
1
Instruments of payment, books of serial orders and instruments for benefit payment issued by the Secretary of State shall remain his property.
2
Any person having an instrument of payment or book of serial orders shall, on ceasing to be entitled to the benefit to which such instrument or book relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.
3
Any person having an instrument for benefit payment shall, when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.
.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
13th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Princess Alexandra Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Princess Alexandra 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 Princess, Alexandra 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 Princess Alexandra Hospital, Hamstel Road, Harlow, Essex CM20 1QX and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
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 North Essex 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 North Essex 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 North Essex Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
This Order may be cited as the Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations Order of Council 1994.
The Veterinary Surgeons and Veterinary Practitioners (Registration) (Amendment) Regulations ( No. 2) Order of Council 1975 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Suffolk Local Health Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the East Suffolk Local Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 26th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th September 1994


text:
1
This Order may be cited as the A259 Trunk Road (A20 Castle Hill Interchange to A260 Canterbury Road Roundabout, Folkestone) Order 1994 and shall come into force on 1st April 1995.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered MSE/5062/A20/0/65/2/1, marked “The A259 Trunk Road (A20 Castle Hill Interchange to A260 Canterbury Road Roundabout, Folkestone) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
Signed by authority of the Secretary of State for Transport.
A. D. Rowland
Director South East Network Management Division Highways Agency
Department of Transport
8th November 1994


text:
Citation and commencement
1
This Order may be cited as the Council Tax (Exempt Dwellings) (Amendment) Order 1994 and shall come into force on 1st April 1994.
General
2
The Council Tax (Exempt Dwellings) Order 1992 shall be amended in accordance with this Order.
Interpretation
3
In article 2 —
a
in paragraph (1) —
i
after the definition of “the Act”, there shall be inserted the following definition —
“caravan” shall be construed in accordance with Part I of the Caravan Sites and Control of Development Act 1960;
;
ii
after the definition of “relevant absentee” there shall be inserted the following definitions —
“secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the Housing Act 1985;
“statutory tenant” means a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976;
“tenant” means a person who —
has a leasehold interest in a dwelling which was granted for a term of less than six months;
is a secure or statutory tenant of a dwelling; or
has a contractual licence to occupy a dwelling;
;
iii
the definition of “the last occupation day” shall be deleted;
iv
in the definition of an “unoccupied dwelling” there shall be inserted after the words “ an “unoccupied dwelling” means” the words “, subject to paragraph (3) below,”;
b
for paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
For the purposes of Classes A and C of article 3 —
a
a dwelling is vacant on any day if on the day —
i
in the case of a dwelling consisting of a pitch occupied by a caravan or a mooring occupied by a boat, the caravan or boat is unoccupied; and
ii
in any other case, the dwelling is unoccupied and substantially unfurnished; and
b
in considering whether a dwelling has been vacant for any period, any one period, not exceeding six weeks, during which it was not vacant shall be disregarded.
3
For the purposes of Classes B and F of article 3, in considering whether a dwelling has been unoccupied for any period, any one period, not exceeding six weeks, during which it was occupied shall be disregarded.
.
Exempt dwellings
4
In article 3 —
a
in Class B, the words “since the last occupation day,” shall be deleted;
b
in sub-paragraph (a) of Class D(1), for the words “a qualifying person” there shall be substituted the words “a person who is an owner or tenant of the dwelling and is”;
c
in Classes E, I and J, for the words “a qualifying person”, in each place where they occur, there shall be substituted “a person who is an owner or tenant of the dwelling and”;
d
for Class F there shall be substituted the following Class —
Class F:
1
an unoccupied dwelling —
a
which has been unoccupied since the date of death of a person (“the deceased”); and
b
in relation to which one of the conditions set out in paragraph (2) below is satisfied;
2
the conditions referred to in paragraph (1) above are, subject to paragraph (3) below, that —
a
the deceased had, at the date of his death, a freehold interest in the dwelling, or a leasehold interest in the dwelling which was granted for a term of six months or more, and
i
no person a qualifying person in respect of the dwelling; or
ii
a person is a qualifying person in respect of the dwelling acting in his capacity as executor or administrator, and no person is a qualifying person in any other capacity;
or
b
the deceased was a tenant of the dwelling at the date of his death, and an executor or administrator acting in his capacity as such is liable for rent or, as the case may be, a licence fee, for the day;
3
sub-paragraph (a)(ii) and (b) of paragraph (2) above shall only apply, in a case where a grant of probate or letters of administration has been made, if less than six months have elapsed since the date of the grant;
e
in paragraph (a) of Class M, after the word “Act”, there shall be inserted the words “or by a body established for charitable purposes only”;
f
after Class Q there shall be added the following Class —
Class R: a dwelling consisting of a pitch or a mooring which is not occupied by a caravan or, as the case may be, a boat.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
23rd February 1994
John Redwood
Secretary of State for Wales
2nd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Hull Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 24th March 1994.
2
In this Order —
“the Authority” means the East Riding Health Authority;
“the Trust” means the Royal Hull Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
2nd March 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Gillingham Borough Council) Order 1994 and shall come into force on 14th September 1994.
Exemption of defined activities carried out by Gillingham Borough Council
2
The activities mentioned in paragraph (2) shall not be treated as defined activities so long as they are carried out by Gillingham Borough Council in their area before 1st September 1995.
2
The activities are–
a
collection of refuse;
b
cleaning (other than cleaning of buildings); and
c
maintenance of ground undertaken at Gillingham Cemetery, Woodlands Road.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under–Secretary of State,
Department of the Environment
15th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Alexandra Health Care National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Alexandra Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Alexandra Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Alexandra Hospital, Woodrow Drive, Redditch, Worcestershire B98 7UB and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 North Worcestershire 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 North Worcestershire 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 North Worcestershire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
28th January 1994


text:
Citation and commencement
1
— This Order may be cited as the South Yorkshire Light Rail Transit (Penalty Fares) (Activating) Order 1994 and shall come into force on 30th May 1994.
Activation of penalty fare provisions
2
— Section 18 to 21 of the South Yorkshire Light Rail Transit Act 1989 shall haveeffect as from the date of coming into force of this Order with respect to travel on anyLRT vehicle.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
16th May 1994


text:
Citation and Commencement
1
1
This Order may be cited as the Lerwick Harbour Revision Order 1994 and shall come into force on 11th July 1994.
2
The Lerwick Harbour Acts and Orders 1877 to 1993 and this Order may be cited together as the Lerwick Harbour Acts and Orders 1877 to 1994 (hereinafter referred to as “the Harbour Acts and Orders”).
Interpretation
2
In this Order, unless the context otherwise requires:
“ electoral divisions of the Shetland Islands Area ” means the electoral divisions into which the Shetlands Islands Area is divided by the Shetland Islands Area (Electoral Arrangements) Order 1992 ;
“ Order of 1975 ” means the Lerwick Harbour (Miscellaneous Provisions) Order 1975 ;
“the Trustees” means the Trustees of the port and harbour of Lerwick for the time being acting under the Harbour Acts and Orders.
Amendment of Order of 1975
3
Section 5(1) of the Order of 1975 shall be amended by omitting the word “six” where it secondly appears.
4
For the purposes only of section 5(1) of the Order of 1975 (as hereby amended) “the electoral divisions of Lerwick” means such of the electoral divisions of the Shetland Islands Area as include “Lerwick” in their names, excluding the division named “Lerwick Harbour and Bressay”.
Signed by authority of the Secretary of State for Transport
J D Henes
An Under Secretary in the
Department of Transport
4th July 1994


text:
Title, extent and commencement
1
These Regulations which implement Council Directive 93/53/ EEC may be cited as the Diseases of Fish (Control) Regulations 1994, shall apply to Great Britain and shall come into force on 1st July 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Diseases of Fish Act 1937 ;
“ Directive 90/667/EEC ” means Council Directive of 27th November 1990 laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedingstuffs of animal or fish origin which has been amended as set out in Schedule 1;
“ Directive 91/67/EEC ” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products which has been amended as set out in Schedule 1;
“farm” includes a farm in marine waters;
“farm suspected of being infected” means a farm containing fish suspected of being infected;
“fish suspected of being infected” means fish showing clinical signs or post mortem lesions or dubious reactions in laboratory tests giving rise to reasonable suspicion of the presence of a disease which is listed in Schedule 3;
“infected farm” means a farm containing infected fish as well as a farm which has been evacuated but not yet disinfected;
“infected fish” means fish in which the presence of a disease listed in Schedule 3 has been officially confirmed as the result of laboratory examination or, in the case of Infectious Salmon Anaemia as a result of a clinical examination and a post mortem examination;
“inspector” means a person appointed by the Minister for the purposes of these Regulations;
“Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or to Wales, the Secretary of State.
2
All other expressions have the meaning they bear in the Fish Health Regulations 1992 .
3
Any reference in these Regulations to a numbered Schedule shall be construed as a reference to the Schedule so numbered in these Regulations unless the context otherwise requires.
4
Any reference in these Regulations to a directive is to that directive as amended.
5
All notices served under these Regulations shall be in writing and may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Official census
3
1
Where a farm is suspected of being infected, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the Minister shall conduct a census of the fish on the farm.
2
The census shall contain the information set out in Schedule 2.
3
After the census has been conducted it shall be the duty of the occupier of the farm to check regularly and to note —
a
any increased population, or
b
new mortality
of the fish on the farm and to update the census accordingly.
4
The census shall be kept in such a place that it shall be available to the Minister or an inspector when an inspection of the farm is carried out.
5
The census shall be retained by the occupier of the farm for a period of 4 years after the notice under section 4 or 4A has lapsed or any order under section 2 of the Act has been revoked, whichever is the later.
6
The census shall be made available to the Minister or an inspector on request.
Control measures when disease in Part I of Schedule 3 is suspected on a farm
4
1
Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is suspected of being infected with a disease listed in Part I of Schedule 3, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in Schedule 4 shall come into force.
2
The measures referred to in paragraph (1) above shall remain in force until revoked or varied or varied by notice by the Minister.
3
It shall be the duty of the occupier of the farm to take all reasonable steps to ensure that effect is given to the provisions of Schedule 4.
Control measures if presence of a disease in Part I of Schedule 3 is confirmed on a farm
5
If the fish on a farm are confirmed as infected fish which have a disease listed in Part I of Schedule 3, the Minister shall, by notice in writing served on the occupier of the farm, require —
a
the immediate removal of all fish from the waters of the farm;
b
the draining, cleaning and disinfection of all pools on inland farms;
c
the destruction of all eggs, gametes, dead fish, and fish showing clinical signs of disease, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC;
d
i
the killing and destruction of all live fish, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC; or
ii
the slaughter of all live fish, for marketing or processing for human consumption, under the supervision of the Minister, but only if the fish have reached commercial size and show no clinical signs of disease;
e
the cleaning and disinfection or destruction of equipment, material or substances liable to be contaminated with the disease pathogen, under the supervision of the Minister; and
f
that the repopulation of the farm shall only take place when the Minister so authorises by notice.
Control measures when a disease in Part II of Scheudle 3 is suspected in an approved zone or on an approved farm
6
1
Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is either —
a
a farm in an approved zone; or
b
an approved farm which is not in an approved zone;
and is suspected of being infected with a disease listed in Part II of Schedule 3, as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in Schedule 4 shall come into force.
2
The measures referred to in paragraph (1) above shall remain in force until revoked or varied by notice by the Minister.
3
Is shall be the duty of the occupier of the farm to take all reasonable steps to ensure that effect is given to the provisions of Schedule 4.
Control measures when a disease listed in Part II of Schedule 3 is confirmed in an approved zone or on an approved farm
7
If the fish on a farm which is either —
a
a farm in an approved zone; or
b
an approved farm which is not in an approved zone;
are confirmed to be infected fish which have a disease listed in Part II of Schedule 3, the Minister shall, by notice in writing served on the occupier of the farm, require —
i
the immediate removal of all fish from the waters of the farm;
ii
the draining, cleaning and disinfection of all pools on inland farms;
iii
the destruction of all eggs, gametes, dead fish, and fish showing clinical signs of disease, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC;
iv
aa
the killing and destruction of all live fish, under the supervision of the Minister and in accordance with the provisions of Directive 90/667/EEC; or
bb
the slaughter of all live fish, for marketing or processing for human consumption, under the supervision of the Minister, but only if the fish have reached commercial size and show no clinical signs of disease;
v
the cleaning and disinfection or destruction of equipment, material or substances liable to be contaminated with the disease pathogen, under the supervision of the Minister; and
vi
that the repopulation of the farm shall only take place when the Minister so authorises by notice.
Control measures to be taken when a disease listed in Part II of Schedule 3 is suspected at a non-approved farm in a non-approved zone
8
1
Without prejudice to the provisions of the Act or the Fish Health Regulations 1992, where a farm is —
a
not an approved farm,
b
not in an approved zone, and
c
suspected of being infected with a disease listed in Part II of Schedule 3,
as soon as possible after a notice in respect of it has been served under section 4 or 4A of the Act or an Order in respect of it has been made under section 2 of the Act, the measures set out in paragraph (2) below shall come into force.
2
No person shall remove any live fish, eggs or gametes from the farm unless the live fish, eggs or gametes
a
are to be sent to a farm infected with the same disease; or
b
are to be sent for slaughter for human consumption;
and he has the authorisation in writing of the Minister.
3
Any authorisation under paragraph (2) above may be made subject to conditions.
4
The provisions in paragraph (2) above shall remain in force until such time as the notice made under section 4 or 4A of the Act or any Order made under section 2 of the Act is revoked or varied.
Control measures to be taken when a disease listed in Schedule 3 is suspected or confirmed in waters which are not the waters of a farm
9
1
Where —
a
fish from the wild are suspected of being infected with, or are infected with, a disease listed in Part I of Schedule 3; or
b
fish from the wild which are in an approved zone are suspected of being infected with, or are infected with, a disease listed in Part II of Schedule 3;
and an Order has been made under section 2 of the Act paragraphs (2) and (3) below shall come into force.
2
No person shall —
a
bring on to or take from the designated area any equipment, material or substances liable to transmit disease; or
b
enter on to or exit from the designated area; or
c
bring a vehicle into or take a vehicle from the designated area;
without the authorisation in writing of the Minister to do so.
3
The occupier of the land or waters within the designated area shall take the measures specified by the Minister to disinfect the entrances and exits to the designated area.
4
For the purpose of this regulation —
“designated area” means the area which is the subject of an Order made under section 2 of the Act.
Prohibition on vaccination against disease
10
1
No person shall vaccinate any fish or cause any fish to be vaccinated against any disease listed in Part I of Schedule 3.
2
No person shall vaccinate any fish or cause any fish to be vaccinated against any disease listed in Part II of Schedule 3 where the fish are —
a
in an approved zone; or
b
in an approved farm which is not in an approved zone; or
c
in a zone or farm which has initiated the procedures to obtain approved status under Directive 91/67/EEC.
Powers of an inspector
11
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purpose of ascertaining whether there is or has been on the land or premises any contravention of these Regulations.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations and in particular may —
a
carry out inspections of farms;
b
take samples (and, if necessary, send the samples for laboratory testing);
c
examine relevant documentary or data processing material.
3
An inspector entering any premises under these Regulations may take with him:
a
such persons, equipment and vehicles as are necessary for the purpose of facilitating the exercise of his powers under these Regulations;
b
a representative of the European Commission acting for the purposes of Council Directive 93/53/EEC .
Failure to comply with a notice
12
If any person fails to comply with the requirements of a notice served under these Regulations then, without prejudice to any proceedings consequent upon such failure, an inspector may enter on any premises to which such notice relates and take or cause to be taken such steps as appear to the inspector to be necessary either to ensure compliance with the requirements of the notice or to remedy the consequences of the failure to carry them out, and all reasonable costs of taking such steps shall be recoverable by the Minister from the person on whom the notice was served.
Obstruction
13
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(c) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
14
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in such capacity, he, as well as the body corporate, shall be guilty of an offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Offences and penalties
15
1
A person contravening any provision of these Regulations or any notice served under them shall be guilty of an offence.
2
A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Amendment of the Registration of Fish Farming and Shellfish Farming Businesses Order 1985
16
The Registration of Fish Farming and Shellfish Farming Businesses Order 1985 shall be amended as set out in Schedule 5.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
26th May 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th May 1994


text:
Citation, commencement and interpretation
1
1
This Order, may be cited as the Essex and Herts Community National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
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 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Essex and Herts Community 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 Essex and Herts Community 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 Herts and Essex Hospital, Haymeads Lane, Bishop’s Stortford, Herts CM23 5JH and associated hospitals;
b
to manage community health services provided from Herts and Essex Hospital, Haymeads Lane, Bishop’s Stortford, Herts CM23 5JH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1995.
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 North Essex 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 North Essex 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 North Essex Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Yorkshire Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order–
“the Authority” means the East Riding Health Authority;
“the Trust” means the East Yorkshire Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th July 1994


text:
Citation and commencement
1
1
This Order may be cited as the Railways (Class and Miscellaneous Exemptions) Order 1994.
2
Articles 1 to 4, 6 and 7 shall come into force on 1st April 1994 and article 5 shall come into force on 2nd April 1994.
Interpretation
2
1
In this Order —
“ the Act ” means the Railways Act 1993;
“the Channel Tunnel system” means the tunnel system within the meaning of the Channel Tunnel Act 1987 ;
“film” includes any record (however made) of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture;
“harbour” and “harbour area” have the same meaning as in the Dangerous Substances in Harbour Areas Regulations 1987 ;
“mine” and “quarry” have the same meaning as in the Mines and Quarries Act 1954 ;
“specified light maintenance depot” means any such light maintenance depot as is mentioned in paragraph (a), (d), (g), (l), (m), (o), (r) or (t) of article 4;
“specified network” means any such network as is mentioned in any of paragraphs (a), (b), (e), (f), (h), (k), (l), (n) to (q), (s) and (t) of article 4;
“specified station” means any such station as is mentioned in paragraph (a), (c), (j), (l), (o), (r) or (t) of article 4.
2
In this Order any reference to a numbered article or Schedule is a reference to the article in, or Schedule to, this Order which bears that number, and any reference in an article to a numbered paragraph is a reference to the paragraph bearing that number in that article.
Licence exemption
3
1
Exemption is granted to any person who acts as the operator of any railway asset to which this article applies, from the requirement to be authorised by licence to be the operator of that railway asset.
2
So far as it relates to any particular network, station or light maintenance depot, the exemption granted in this article may be revoked by agreement in writing between the Secretary of State and the operator of that network, station or light maintenance depot.
Railway assets in respect of which licence exemption in article 3 applies
4
Article 3 applies to the following railway assets, namely —
a
any network, station or light maintenance depot, the operator of which immediately before the coming into force of this article was a person other than —
i
the Board,
ii
a subsidiary of the Board,
iii
London Regional Transport, or
iv
a subsidiary of London Regional Transport;
b
the network consisting of —
i
the railway line running from the junction between Westferry Station and West India Quay Station, through Poplar Station, to the western end of Beckton Station in London,
ii
the railway line running from the junction situated between Gallions Reach Station and Beckton Station on the line mentioned in sub-paragraph (i) above to the light maintenance depot at Armada Way, London E6, and
iii
any installations associated with any of the track comprised in the lines mentioned in sub-paragraphs (i) and (ii) above;
c
the following stations associated with the network mentioned in paragraph (b) above, namely Blackwall, East India, Royal Victoria, Prince Regent, Royal Albert, Beckton Park, Cyprus, Gallions Reach and Beckton;
d
the light maintenance depot at Armada Way, London E6;
e
the network consisting of —
i
the stretch of railway line running for a distance of 2000 metres (or thereabouts) northwards from the southern end of Altrincham Station in Greater Manchester, on which no railway passenger services were provided immediately before the coming into force of this article other than by Greater Manchester Metro Limited, and
ii
any installations associated with any of the track comprised in that line;
f
the network consisting of —
i
the railway line running between the northern end of Asfordby Tunnel in Leicestershire and Edwalton in Nottinghamshire, and
ii
any installations associated with any of the track comprised in that line;
g
any light maintenance depot associated with the network mentioned in paragraph (f) above;
h
the network consisting of —
i
the railway line running between West Hoathly Station and the northern end of Kingscote Station in West Sussex, and
ii
any installations associated with any of the track comprised in that line;
j
West Hoathly Station and Kingscote Station in West Sussex;
k
the network consisting of —
i
the railway line running from Greet Tunnel in Gloucestershire westwards for a distance of 2000 metres (or thereabouts), including the track loop at the western end of that line, and
ii
any installations associated with any of the track comprised in that line;
l
any network, station or light maintenance depot comprised in the Channel Tunnel system;
m
the light maintenance depots listed in Schedule 1;
n
the networks comprised in the railway goods terminals listed in Parts I and II of Schedule 2;
o
any network, station or light maintenance depot which —
i
is situated on premises used for the purposes of an industrial undertaking (other than an undertaking consisting in the operation of a light maintenance depot) or an undertaking engaged in the generation of electrical energy,
ii
forms part of a mine or quarry for the purposes of the Mines and Quarries Act 1954, or
iii
is used solely in connection with the carrying out of any building works;
p
any network which —
i
is situated on premises used as or for the purposes of a museum, amusement park, funfair or other place of public recreation or entertainment, and
ii
is not connected to any other network;
q
any network which —
i
is situated within the grounds of a dwelling house, and
ii
is not connected to any other network;
r
any station or light maintenance depot which —
i
is situated on any such premises as are mentioned in paragraph (p)(i) above, or within the grounds of a dwelling house, and
ii
is not used in connection with the provision of any railway passenger services other than services provided wholly on those premises or within those grounds;
s
any network which is not used for or in connection with the operation of trains other than trains used to convey apparatus for the purpose of making films;
t
i
any network or light maintenance depot where none of the track comprised in that network or light maintenance depot is capable of supporting vehicles of a gauge of 1435 millimetres, and
ii
any station where none of the track comprised in that station or with which that station is associated is capable of supporting vehicles of that gauge;
u
any train being used —
i
on a specified network, so long as the licence exemption with respect to that network has not been revoked pursuant to article 3(2);
ii
on a network for the purpose of coupling any items of rolling stock to, or uncoupling any items of rolling stock from, that train, or of marshalling or shunting the rolling stock comprising that train, preparatory or incidental to, or consequential on, using the train on a specified network, so long as the licence exemption with respect to that network has not been revoked pursuant to article 3(2);
iii
on a network for a purpose preparatory or incidental to, or consequential on, the provision of light maintenance services at a specified light maintenance depot, so long as the licence exemption with respect to that light maintenance depot has not been revoked pursuant to article 3(2); or
iv
on a network which is situated within a harbour or harbour area.
Facility exemption
5
1
Subject to paragraph (3)(a), exemption from sections 17 and 18 of the Act (access to railway facilities) is granted to any person who is a facility owner by reference to any of the following railway facilities, or any part of any of the following railway facilities, namely —
a
any specified station or specified light maintenance depot (other than a light maintenance depot listed in Schedule 1), and
b
track comprised in any specified network,
in respect of that railway facility or that part.
2
Subject to paragraph (3)(b), exemption from sections 17 and 18 of the Act is granted to any private sector operator in respect of any light maintenance depot listed in Schedule 1 by reference to which that operator is a facility owner.
3
a
The exemption granted in paragraph (1) shall not apply in respect of —
i
any track which must be used for the purpose of using any locomotive fuelling point comprised in a light maintenance depot listed in Schedule 1, or
ii
track comprised in the networks comprised in the railway goods terminals listed in Part II of Schedule 2.
b
The exemption granted in paragraph (2) shall not apply in respect of any part of a light maintenance depot which part consists of a locomotive fuelling point, or any part of a light maintenance depot which part must be used for the purpose of using any such fuelling point.
4
Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any part of a station (other than a specified station) which part was, immediately before the coming into force of article 3, not used in connection with the provision, by a person falling within any of sub-paragraphs (i) to (iv) of article 4(a), of regular scheduled railway passenger services, in respect of that part.
5
Exemption from sections 17 and 18 of the Act is granted to any person who is a facility owner by reference to any of the following railway facilities, namely —
a
the station known as Waterloo International Terminal in London,
b
Ashford International Passenger Station in Kent,
c
the light maintenance depot known as Manchester International at New Bank Street, Longsight, Manchester, and
d
the light maintenance depot known as North Pole International at Mitre Way, London W10 6AT,
in respect of that railway facility.
6
a
So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (1), (2), (4) or (5) may be revoked by agreement in writing between the Secretary of State and each person who is a facility owner by reference to that railway facility or that part.
b
So far as it relates to any particular railway facility or part of a railway facility, the exemption granted in paragraph (5) may be revoked by not less than one month’s notice given by the Secretary of State to each person who is a facility owner by reference to that railway facility or that part, if the railway facility or part in question is used in connection with the provision of railway passenger services other than international services.
Franchise exemption
6
1
Exemption from designation under section 23(1) of the Act (designation of passenger services as eligible for franchising) is granted to any person who provides —
a
a railway passenger service which was, immediately before the coming into force of this article, provided other than by a person falling within any of sub-paragraphs (i) to (iv) of article 4(a);
b
a railway passenger service (other than a service falling within sub-paragraph (a) above) provided wholly on a railway line or railway lines comprised in a specified network; or
c
a railway passenger service (other than a service falling within sub-paragraph (b) above) which involves travel through the Channel Tunnel;
in respect of that service.
2
So far as it relates to any particular railway passenger service, the exemption granted in this article may be revoked by agreement in writing between the Secretary of State and the person providing that service.
Disapplication of closure provisions
7
1
Every railway passenger service provided wholly or substantially on a specified network (other than a network such as is mentioned in article 4(1)) is a service in relation to which section 37 of the Act (closure of non-franchised etc. passenger services) is not to have effect.
2
Every specified network (other than a network such as is mentioned in article 4(1)) is a network in relation to which section 39 of the Act (closure of operational passenger networks) is not to have effect.
3
Every specified station (other than a station such as is mentioned in article 4(1)), and each of the stations mentioned in article 5(5), is a station in relation to which section 41 of the Act (closure of railway facilities used in connection with passenger services) is not to have effect.
4
Every specified light maintenance depot (other than a light maintenance depot such as is mentioned in article 4(1)), and each of the light maintenance depots mentioned in article 5(5), is a light maintenance depot in relation to which section 41 of the Act is not to have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th March 1994


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 1994 and shall come into force on 5th December 1994.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Drinking Water in Containers Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“bottle”, the noun, means a closed container of any kind in which water is sold for human consumption, and “bottle”, the verb, and cognate expressions, shall be construed accordingly;
“drinking water” means water intended for sale for human consumption in any bottle;
“parameter” means a property, element, organism or substance listed in the second column of the Tables in Part II of the Schedule to these Regulations;
“pesticides and related products” means any fungicide, herbicide or insecticide and polychlorinated biphenyls and terphenyls;
“prsecribed concentration or value”, in relation to any parameter, means the maximum concentration or value specified in relation to that parameter in the Tables in Part II of the Schedule to these Regulations as measured by reference to the unit of measurement so specifed;
“sell” includes possess for sale, or offer or expose or advertise for sale, and “sale” shall be construed accordingly.
Exemptions
3
These Regulations shall not apply to any drinking water which —
a
is recognised as a natural mineral water under the Natural Mineral Waters Regulations 1985 ; or
b
is a medicinal product within the meaning of the Medicines Act 1968 in respect of which a product licence within the meaning of that Act is dor time being in force.
Bottling or sale of drinking water
4
1
No person shall bottle or sell any drinking water unless it satisfies the requirements of the Schedule to these Regulations.
2
The concentrations or values of the parameters listed in the Tables in Part II of the Schedule shall be read in conjunction with the notes thereto.
3
The methods of analysis to be used for the purposes of these Regulations shall accord with the requirements of Article 12(5) of Council Directive 80/778/ EEC relating to the quality of water intended for human consumption .
4
If any person contravenes paragraph (1) of this regulation he shall be guilty of an offence.
Defence in relation to exports
5
In any proceedings for an offence under regulation 4 of these Regulations it shall be a defence for the person charged to prove that the drinking water, in respect of which the offence is alleged to have been committed, was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence.
Penalties
6
A peson guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Enforcemetn
7
Each food authority shall enforce and execute these Regulations within its area.
Application of various provisions of the Food Safety Act 1990
8
1
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale”, etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
section 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate);
h
section 44 (protection of officers acting in good faith).
2
Section 8(3) (which makes presumptions in the case of batches, etc. of food) of the Act shall apply to drinking water which it is an offence to bottle or sell under these Regulations as it applies to food which fails to comply with food safety requirements.
3
Section 9 (inspection and seizure of suspect food) of the Act shall apply to drinking water which it is an offence to bottle or sell under these Regulations as it applies to food which fails to comply with food safety requirements.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th February 1994.(ls)
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
1st March 1994
John Redwood
Secretary of State for Wales
11th March 1994
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
2nd March 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Brent) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Brent except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Brent as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Brent) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Brent as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) (Amendment) Regulations 1994 and shall come into force on 18th April 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) Regulations 1987 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
For paragraph (3A) of regulation 2A there shall be substituted —
3A
A participator who —
a
has notified the Board in accordance with paragraph (1) above that he expects to satisfy the conditions specified in paragraph (2) above, or those conditions and the further condition specified in paragraph (3) above, and
b
has satisfied those conditions, or those conditions and that further condition, in the chargeable period,
may withdraw the notification by giving notice in writing to the Board at any time during the chargeable period before any failure to satisfy any one or more of those conditions, or any one or more of those conditions and that further condition, occurs.
2
In sub-paragraph (a) of paragraph (3C) of regulation 2A for the words “any of those conditions or that further condition” there shall be substituted the words “any one or more of those conditions, or any one or more of those conditions and that further condition,”.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
25th March 1994


text:
Citation
1
This Order may be cited as the Alcoholic Liquor Duties (Beer-based Beverages) Order 1994 and shall come into force on 30th November 1994.
Repeal
2
The Alcoholic Liquors Duties (Beer-based Beverages) Order 1988 is hereby repealed.
Beverages to which this Order applies
3
This Order applies to any beverage of an alcoholic strength exceeding 1.2 per cent but not exceeding 5.5 per cent which is made with beer and is made-wine, and which falls within any one or more of the descriptions specified in any one or more of the paragraphs of the schedule to this Order.
Made-wine beer based beverages deemed to be beer
4
A beverage to which this Order applies shall be deemed to be beer and not made-wine.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health Regulations 1994 and shall come into force on 16th January 1995.
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 Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects Great Britain by the European Economic Area Act 1993 ;
“approved” means approved for the time being in writing;
“approved supply list” has the meaning assigned to it in regulation 4(1) of the Chemicals (Hazard Information and Packaging) Regulations 1993 ;
“biological agent” means any micro-organism, cell culture, or human endoparasite, including any which have been genetically modified, which may cause any infection, allergy, toxicity or otherwise create a hazard to human health;
“carcinogen” means —
any substance or preparation which if classified in accordance with the classification provided for by regulation 5 of the Chemicals (Hazard Information and Packaging) Regulations 1993 would be in the category of danger, carcinogenic (category 1) or carcinogenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations; or
any substance or preparation —
listed in Schedule 8; and
any substance or preparation arising from a process specified in Schedule 8 which is a substance hazardous to health;
“ the Executive ” means the Health and Safety Executive;
“fumigation” means an operation in which a substance is released into the atmosphere so as to form a gas to control or kill pests or other undesirable organisms and “fumigate” and “fumigant” shall be construed accordingly;
“maximum exposure limit” for a substance hazardous to health means the maximum exposure limit for that substance set out in Schedule 1 in relation to the reference period specified therein when calculated by a method approved by the Health and Safety Commission;
“member State” means a State which is a Contracting Party to the Agreement, but until the Agreement comes into force in relation to Liechenstein does not include the State of Liechenstein;
“micro-organism” means a microbiological entity, cellular or non-cellular, which is capable of replication or of transferring genetic material;
“occupational exposure standard” for a substance hazardous to health means the standard approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission;
“registered dentist” has the meaning assigned to it in section 53(1) of the Dentists Act 1984 ;
“registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 ;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour (including micro-organisms);
“substance hazardous to health” means any substance (including any preparation) which is —
a substance which is listed in Part 1 of the approved supply list as dangerous for supply within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 and for which an indication of danger specified for the substance in Part V of that list is very toxic, toxic, harmful, corrosive or irritant;
a substance specified in Schedule 1 (which lists substances assigned maximum exposure limits) or for which the Health and Safety Commission has approved an occupational exposure standard;
a biological agent;
dust of any kind, when present at a substantial concentration in air;
a substance, not being a substance mentioned in sub-paragraphs (a) to (d) above, which creates a hazard to the health of any person which is comparable with the hazards created by substances mentioned in those sub-paragraphs.
2
In these Regulations, any reference to an employee being exposed to a substance hazardous to health is a reference to the exposure of that employee to a substance hazardous to health arising out of or in connection with work which is under the control of his employer.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the 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 appears.
Duties under these Regulations
3
1
Where any duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer except that the duties of the employer —
a
under regulation 11 (health surveillance) shall not extend to persons who are not his employees; and
b
under regulations 10 and 12(1) and (2) (which relate respectively to monitoring and information, training etc. ) shall not extend to persons who are not his employees, unless those persons are on the premises where the work is being carried on.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee, except that regulations 10 and 11 shall not apply to a self-employed person.
3
The duties imposed by these Regulations shall not extend to the master or crew of a sea-going ship or to the employer of such persons in relation to the normal shipboard activities of a ship’s crew under the direction of the master.
Prohibitions relating to certain substances
4
1
Those substances described in column 1 of Schedule 2 are prohibited to the extent set out in the corresponding entry in column 2 of that Schedule.
2
The importation into the United Kingdom, other than from another member State, of the following substances and articles is prohibited, namely —
a
2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrodiphenyl, their salts and any substance containing any of those compounds in a total concentration equal to or greater than 0.1 per cent. by mass;
b
matches made with white phosphorus,
and any contravention of this paragraph shall be punishable under the Customs and Excise Management Act 1979 and not as a contravention of a health and safety regulation.
3
A person shall not supply during the course of or for use at work any substance or article specified in paragraph (2).
4
A person shall not supply during the course of or for use at work, benzene or any substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.
Application of regulations 6 to 12
5
1
Regulations 6 to 12 shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, arising from exposure to substances hazardous to health except —
a
where and to the extent that the following Regulations apply, namely —
i
the Control of Lead at Work Regulations 1980 ,
ii
the Control of Asbestos at Work Regulations 1987 ;
b
where the substance is hazardous to health solely by virtue of its radioactive, explosive or flammable properties, or solely because it is at a high or low temperature or a high pressure;
c
where the risk to health is a risk to the health of a person to whom the substance is administered in the course of his medical treatment;
d
below ground in any mine within the meaning of section 180 of the Mines and Quarries Act 1954 .
2
In paragraph 1(c) “medical treatment” means medical or dental examination or treatment which is conducted by, or under the direction of, a registered medical practitioner or registered dentist and includes any such examination, treatment or administration of any substance conducted for the purpose of research.
3
Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment relating to public health or the protection of the environment.
Assessment of health risks created by work involving substances hazardous to health
6
1
An employer shall not carry on any work which is liable to expose any employees to any substance hazardous to health unless he has made a suitable and sufficient assessment of the risks created by that work to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations.
2
The assessment required by paragraph (1) shall be reviewed regularly and forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the work to which the assessment relates,
and, where as a result of the review, changes in the assessment are required, those changes shall be made.
Prevention or control of exposure to substances hazardous to health
7
1
Every employer shall ensure that the exposure of his employees to substances hazardous to health is either prevented or, where this is not reasonably practicable, adequately controlled.
2
So far as is reasonably practicable, the prevention or adequate control of exposure of employees to a substance hazardous to health, except to a carcinogen or a biological agent, shall be secured by measures other than the provision of personal protective equipment.
3
Without prejudice to the generality of paragraph (1), where the assessment made under regulation 6 shows that it is not reasonably practicable to prevent exposure to a carcinogen by using an alternative substance or process, the employer shall apply all the following measures, namely —
a
the total enclosure of the process and handling systems unless this is not reasonably practicable;
b
the use of plant, processes and systems of work which minimise the generation of, or suppress and contain, spills, leaks, dust, fumes and vapours of carcinogens;
c
the limitation of the quantities of a carcinogen at the place of work;
d
the keeping of the number of persons who might be exposed to a carcinogen to a minimum;
e
the prohibition of eating, drinking and smoking in areas that may be contaminated by carcinogens;
f
the provision of hygiene measures including adequate washing facilities and regular cleaning of walls and surfaces;
g
the designation of those areas and installations which may be contaminated by carcinogens, and the use of suitable and sufficient warning signs; and
h
the safe storage, handling and disposal of carcinogens and use of closed and clearly labelled containers.
4
Where the measures taken in accordance with paragraph (2) or (3), as the case may be, do not prevent, or provide adequate control of, exposure to substances hazardous to health to which those paragraphs apply, then, in addition to taking those measures, the employer shall provide those employees with such suitable personal protective equipment as will adequately control their exposure to those substances.
5
Any personal protective equipment provided by an employer in pursuance of this regulation shall comply with any enactment (whether in an Act or instrument) which implements in Great Britain any provision on design or manufacture with respect to health or safety in any relevant Community directive listed in Schedule 1 to the Personal Protective Equipment at Work Regulations 1992 which is applicable to that item of personal protective equipment.
6
Where there is exposure to a substance for which a maximum exposure limit is specified in Schedule 1, the control of exposure shall, so far as the inhalation of that substance is concerned, only be treated as being adequate if the level of exposure is reduced so far as is reasonably practicable and in any case below the maximum exposure limit.
7
Without prejudice to the generality of paragraph (1), where there is exposure to a substance for which an occupational exposure standard has been approved, the control of exposure shall, so far as the inhalation of that substance is concerned, be treated as being adequate if —
a
that occupational exposure standard is not exceeded; or
b
where that occupational exposure standard is exceeded, the employer identifies the reasons for the standard being exceeded and takes appropriate action to remedy the situation as soon as is reasonably practicable.
8
Where respiratory protective equipment is provided in pursuance of this regulation, then it shall —
a
be suitable for the purpose; and
b
comply with paragraph (5) or, where no requirement is imposed by virtue of that paragraph, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
9
In the event of the failure of a control measure which might result in the escape of carcinogens into the workplace, the employer shall ensure that —
a
only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with suitable respiratory protective equipment and protective clothing; and
b
employees and other persons who may be affected are informed of the failure forthwith.
10
Schedule 9 of these Regulations shall have effect in relation to biological agents.
11
In this regulation, “adequate” means adequate having regard only to the nature of the substance and the nature and degree of exposure to substances hazardous to health and “adequately” shall be construed accordingly.
Use of control measures etc.
8
1
Every employer who provides any control measure, personal protective equipment or other thing or facility pursuant to these Regulations shall take all reasonable steps to ensure that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, personal protective equipment or other thing or facility provided pursuant to these Regulations and shall take all reasonable steps to ensure it is returned after use to any accommodation provided for it and, if he discovers any defect therein, shall report it forthwith to his employer.
Maintenance, examination and test of control measures etc.
9
1
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that it is maintained in an efficient state, in efficient working order and in good repair and, in the case of personal protective equipment, in a clean condition.
2
Where engineering controls are provided to meet the requirements of regulation 7, the employer shall ensure that thorough examinations and tests of those engineering controls are carried out —
a
in the case of local exhaust ventilation plant, at least once every 14 months, or for local exhaust ventilation plant used in conjunction with a process specified in column 1 of Schedule 3, at not more than the interval specified in the corresponding entry in column 2 of that Schedule;
b
in any other case, at suitable intervals.
3
Where respiratory protective equipment (other than disposable respiratory protective equipment) is provided to meet the requirements of regulation 7, the employer shall ensure that at suitable intervals thorough examinations and, where appropriate, tests of that equipment are carried out.
4
Every employer shall keep a suitable record of the examinations and tests carried out in pursuance of paragraphs (2) and (3) and of any repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least 5 years from the date on which it was made.
Monitoring exposure at the workplace
10
1
In any case in which —
a
it is requisite for ensuring the maintenance of adequate control of the exposure of employees to substances hazardous to health; or
b
it is otherwise requisite for protecting the health of employees,
the employer shall ensure that the exposure of employees to substances hazardous to health is monitored in accordance with a suitable procedure.
2
Where a substance or process is specified in column 1 of Schedule 4, monitoring shall be carried out at least at the frequency specified in the corresponding entry in column 2 of that Schedule.
3
The employer shall keep a suitable record of any monitoring carried out for the purpose of this regulation and that record or a suitable summary thereof shall be kept available —
a
where the record is representative of the personal exposures of identifiable employees, for at least 40 years;
b
in any other case, for at least 5 years.
Health surveillance
11
1
Where it is appropriate for the protection of the health of his employees who are, or are liable to be, exposed to a substance hazardous to health, the employer shall ensure that such employees are under suitable health surveillance.
2
Health surveillance shall be treated as being appropriate where —
a
the employee is exposed to one of the substances specified in Column 1 of Schedule 5 and is engaged in a process specified in Column 2 of that Schedule, unless that exposure is not significant; or
b
the exposure of the employee to a substance hazardous to health is such that an identifiable disease or adverse health effect may be related to the exposure, there is a reasonable likelihood that the disease or effect may occur under the particular conditions of his work and there are valid techniques for detecting indications of the disease or the effect.
3
The employer shall ensure that a health record, containing particulars approved by the Executive, in respect of each of his employees to whom paragraph (1) relates is made and maintained and that that record or a copy thereof is kept in a suitable form for at least 40 years from the date of the last entry made in it.
4
Where an employer who holds records in accordance with paragraph (3) ceases to trade, he shall forthwith notify the Executive thereof in writing and offer those records to the Executive.
5
If an employee is exposed to a substance specified in Schedule 5 and is engaged in a process specified therein, the health surveillance required under paragraph (1) shall include medical surveillance under the supervision of an employment medical adviser or appointed doctor at intervals of not more than 12 months or at such shorter intervals as the employment medical adviser or appointed doctor may require.
6
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in the health record of that employee that in his professional opinion that employee should not be engaged in work which exposes him to that substance or that he should only be so engaged under conditions specified in the record, the employer shall not permit the employee to be engaged in such work except in accordance with the conditions, if any, specified in the health record, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
7
Where an employee is subject to medical surveillance in accordance with paragraph (5) and an employment medical adviser or appointed doctor has certified by an entry in his health record that medical surveillance should be continued after his exposure to that substance has ceased, the employer shall ensure that the medical surveillance of that employee is continued in accordance with that entry while he is employed by the employer, unless that entry has been cancelled by an employment medical adviser or appointed doctor.
8
On reasonable notice being given, the employer shall allow any of his employees access to the health record which relates to him.
9
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such health surveillance procedures as may be required for the purposes of paragraph (1) and, in the case of an employee who is subject to medical surveillance in accordance with paragraph (5), shall furnish the employment medical adviser or appointed doctor with such information concerning his health as the employment medical adviser or appointed doctor may reasonably require.
10
Where, for the purpose of carrying out his functions under these Regulations, an employment medical adviser or appointed doctor requires to inspect any workplace or any record kept for the purposes of these Regulations, the employer shall permit him to do so.
11
Where an employee or an employer is aggrieved by a decision recorded in the health record by an employment medical adviser or appointed doctor to suspend an employee from work which exposes him to a substance hazardous to health (or to impose conditions on such work), he may, by an application in writing to the Executive within 28 days of the date on which he was notified of the decision, apply for that decision to be reviewed in accordance with a procedure approved for the purposes of this paragraph by the Health and Safety Commission, and the result of that review shall be notified to the employee and employer and entered in the health record in accordance with the approved procedure.
12
In this regulation —
“appointed doctor” means a registered medical practitioner who is appointed for the time being in writing by the Executive for the purposes of this regulation;
“employment medical adviser” means an employment medical adviser appointed under section 56 of the 1974 Act;
“health surveillance” includes biological monitoring.
Information, instruction and training for persons who may be exposed to substances hazardous to health
12
1
An employer who undertakes work which may expose any of his employees to substances hazardous to health shall provide that employee with such information, instruction and training as is suitable and sufficient for him to know —
a
the risks to health created by such exposure; and
b
the precautions which should be taken.
2
Without prejudice to the generality of paragraph (1), the information provided under that paragraph shall include —
a
information on the results of any monitoring of exposure at the workplace in accordance with regulation 10 and, in particular, in the case of any substance hazardous to health specified in Schedule 1, the employee or his representatives shall be informed forthwith, if the results of such monitoring show that the maximum exposure limit has been exceeded; and
b
information on the collective results of any health surveillance undertaken in accordance with regulation 11 in a form calculated to prevent it from being identified as relating to any particular person.
3
Every employer shall ensure that any person (whether or not his employee) who carries out any work in connection with the employer’s duties under these Regulations has the necessary information, instruction and training.
Provisions relating to certain fumigations
13
1
This regulation shall apply to fumigations in which the fumigant used or intended to be used is hydrogen cyanide, ethylene oxide, phosphine or methyl bromide, except that this regulation shall not apply to fumigations using the fumigant specified in column 1 of Schedule 6 when the nature of the fumigation is that specified in the corresponding entry in column 2 of that Schedule.
2
An employer shall not undertake any fumigation to which this regulation applies unless he has —
a
notified the persons specified in Part I of Schedule 7 of his intention to undertake the fumigation; and
b
provided to those persons the information specified in Part II of that Schedule,
at least 24 hours in advance, or such shorter time in advance, as the persons required to be notified may agree.
3
An employer who undertakes a fumigation to which this regulation applies shall ensure that, before the fumigant is released, suitable warning notices have been affixed at all points of reasonable access to the premises or to those parts of the premises in which the fumigation is to be carried out and that after the fumigation has been completed, and the premises are safe to enter, those warning notices are removed.
Exemption certificates
14
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the protection of workers from the risks related to exposure to chemical, physical and biological agents at work, the Executive may, by a certificate in writing, exempt any person or class of persons or any 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, which it proposes to attach to the exemption; and
b
any other 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 will not be prejudiced in consequence of it.
Extension outside Great Britain
15
1
Subject to paragraph (2), these Regulations shall apply to and in relation to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of article 4, 5 or 7 of the Health and Safety at Work etc.Act 1974 (Application outside Great Britain) Order 1989 as those provisions apply within Great Britain.
2
These Regulations shall not extend to Northern Ireland except insofar as they relate to imports of substances and articles referred to in regulation 4(2) into the United Kingdom.
Defence in proceedings for contravention of these Regulations
16
In any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Exemptions relating to the Ministry of Defence etc.
17
1
In this regulation, any reference to —
a
“visiting forces” is a reference to visiting forces within the meaning of any provision of Part I of the Visiting Forces Act 1952 ; and
b
“headquarters or organisation” is a reference to a headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt —
a
Her Majesty’s Forces;
b
visiting forces;
c
any member of a visiting force working in or attached to any headquarters or organisation; or
d
any person engaged in work involving substances hazardous to health, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
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 at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the health risks created by the work involving substances hazardous to health and for adequately controlling the exposure to those substances of persons to whom the exemption relates.
3
Regulation 11(11) shall not apply in relation to —
a
Her Majesty’s Forces;
b
visiting forces; or
c
any member of a visiting force working in or attached to any headquarters or organisation.
Revocations and savings
18
1
Paragraphs 19, 20 and 21 in Part VIII of Schedule 2 to the Personal Protective Equipment at Work Regulations 1992 are revoked.
2
Regulation 3 of the Health and Safety (Miscellaneous Modifications) Regulations 1993 is revoked.
3
Paragraph (9) of regulation 21 of the Chemicals (Hazard Information and Packaging) Regulations 1993 is revoked.
4
The following Regulations are revoked —
a
The Health and Safety (Dangerous Pathogens) Regulations 1981 ;
b
The Control of Substances Hazardous to Health Regulations 1988 ;
c
The Control of Substances Hazardous to Health (Amendment) Regulations 1991 ;
d
The Control of Substances Hazardous to Health (Amendment) Regulations 1992 ;
5
Any record or register required to be kept under any regulations revoked by paragraph (4) shall, notwithstanding those revocations, be kept in the same manner and for the same period as specified in those regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the regulations so revoked.
Extension of meaning of “work”
19
For the purposes of Part I of the 1974 Act the meaning of “work” shall be extended to include any activity involving the consignment, storage or use of any of the biological agents listed in Part V of Schedule 9 and the meaning of “at work” shall be extended accordingly, and in that connection the references to employer in paragraphs 12 and 13 of that Schedule include references to any person carrying on such an activity.
Modification of section 3(2) of the 1974 Act
20
Section 3(2) of the 1974 Act shall be modified in relation to an activity involving the consignment, storage or use of any of the biological agents referred to in regulation 19 so as to have effect as if the reference therein to a self-employed person is a reference to any person who is not an employer or an employee and the reference therein to his undertaking includes a reference to such an activity.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
12th December 1994