text:
Citation and commencement
1
1
This Order may be cited as the Harwich Haven Harbour Revision Order 1993 and shall come into force on 17th August 1993.
2
The Harwich Harbour Acts and Orders 1973 to 1988 and this Order may be cited together as the Harwich Harbour Acts and Orders 1973 to 1993.
Interpretation
2
In this Order expressions to which meanings are assigned by the Harwich Harbour Act 1974 have the same respective meanings; and “the Authority” means the Harwich Haven Authority.
Extension of seaward limit of jurisdiction
3
1
The Harwich seaward area (within which the Authority and the harbour master have jurisdiction in accordance with the Harwich Harbour Act 1974), as extended by the Harwich Harbour Revision Order 1979 and the Harwich Harbour Act 1988 , is hereby further extended to include the area described in the Schedule to this Order.
2
Subject as hereinafter provided, all enactments conferring rights, powers, privileges and immunities or imposing duties, obligations and liabilities upon the Authority, and all byelaws and regulations made by the Authority, which relate to, or are in force in, the Harwich seaward area (as extended as aforesaid) shall relate to, and have effect in, the Harwich seaward area as further extended by this article; and the Harwich Harbour Acts referred to in the provisions set out in Part II of Schedule 3 to the said Act of 1974 and that Act shall have effect as if —
a
reference therein to those Acts or that Act included this Order; and
b
reference therein to the Harwich seaward area included that area as extended by this article.
Borrowing powers
4
Section 54 (Borrowing powers) of the Harwich Harbour Act 1974 shall have effect as if in subsection (1), as having effect in accordance with article 2(1) of the Harwich Harbour Revision Order 1985 , for the words “£30 million” there were substituted the words “£50 million”.
Signed by authority of the Secretary of State for Transport
M. W. Jackson
An Under Secretary in the
Department of Transport
27th July 1993


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Banking Appeal Tribunal (Scottish Appeals) Amendment Regulations 1993 and shall come into force on 4th May 1993.
2
In these Regulations “the principal Regulations ” means the Banking Appeal Tribunal (Scottish Appeals) Regulations 1987( ).
Amendment of principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2(1), after the definition of “the Bank” there shall be inserted:–
“the Banking Coordination Regulations ” means the Banking Coordination (Second Council Directive) Regulations 1992( );
.
3
For regulation 4, there shall be substituted the following:–
4
An appeal shall be brought by sending a notice of appeal to the secretary of the Banking Appeal Tribunal (Scottish Appeals), 15-19 Bedford Avenue, London WC1B 3AS not later than–
a
in the case of an appeal against the decision of the Bank (or any finding relating thereto) to revoke authorisation, 10 days from the date on which the Bank serves notice in writing on the appellant of its decision; or
b
in the case of an appeal against the decision of the Bank to impose or vary a restriction on an institution’s authorisation as a matter of urgency, 28 days from the date on which the Bank imposes or varies the restriction by written notice to the institution under section 14(2) of the Act or 10 days from the date on which the Bank gives written notice to the institution under section 14(7) of the Act of its decision under section 14(6) of the Act, whichever is the later; or
c
in the case of appeal against the decision of the Bank to give a direction to an institution, 28 days from the date on which the Bank gives the direction by notice in writing under section 20(1) of the Act or 10 days from the date on which the Bank gives written notice to the institution under section 20(2)(b) of the Act confirming its decision, whichever is the later; or
d
in any other case, 28 days from the date on which the Bank serves notice in writing on the appellant of its decision.
.
4
In regulation 5(1), for paragraphs (b) and (c) there shall be substituted the following:–
b
his address or where the appellant is an institution–
i
which has its registered or principal office in the United Kingdom, the address of that office; or
ii
which has its principal place of business in another member State, the address of that place of business;
c
the address, if different from that referred to in sub-paragraph (b) to which applications, notices and other documents in connection with the appeal should be sent to the appellant–
i
within the United Kingdom; or
ii
within the member State where the appellant has its principal place of business.
.
5
In regulation 8(1), for the words “an appeal under section 27 (other than an appeal under section 27(2)(a))” there shall be substituted the words “an appeal other than an appeal under section 27(2)(a)”.
6
In regulation 10(1), for sub-paragraphs (i) and (ii) there shall be substituted the following:–
a
not earlier than 5 days after the date on which the notice is sent; and
b
not earlier than 21 days and not later than 35 days after the date of receipt by the secretary of the notice of appeal unless the chairman otherwise directs on the ground that he considers that the preliminary hearing should be held as a matter of urgency.
.
7
In regulation 11(1), for the words “On an application under section 27(5) of the Act for the suspension” there shall be substituted the words “On an application for the suspension under section 27(5) of the Act”.
8
In regulation 13(1)(c), for the words “commercially sensitive information” to the end there shall be substituted the words “information which relates to a person who is not a party to the appeal and which is commercially sensitive or was communicated or obtained in confidence”.
9
Regulation 16(5) shall be omitted.
10
In regulation 20(1)(c), the word “Division” shall be inserted after the words “Banking Supervision”.
11
For regulation 22(1), there shall be substituted the following:–
22
1
Where in making its decision the Bank made a finding that a person is not a fit and proper person to hold the particular position which he holds is or is to hold or imposed a requirement that a person be removed as a director, controller or manager of the institution and both the institution and the person concerned appeal against the decision, or where the institution appeals against the decision and the person concerned appeals against the finding, the chairman may at the preliminary hearing or at some other time direct that the appeals shall be consolidated:
Provided that the chairman shall not make such a direction without giving all parties concerned an opportunity to show cause why such a direction should not be made.
.
12
In the Schedule to the principal Regulations there shall be added the following paragraphs:–
6
In the case of an appeal against a decision of the Bank to impose a prohibition or a restriction under regulation 9 or 10 of the Banking Coordination Regulations and pursuant to Schedule 3 to the Regulations–
a
a copy of any notice served under paragraph 2(2) of Schedule 3 thereof;
b
a copy of any written representations made in accordance with paragraph 2(5) of Schedule 3 thereof;
c
a copy of any notice served under paragraph 2(7) of Schedule 3 thereof; and
d
a copy of any written representations made in accordance with paragraph 2(11) of Schedule 3 thereof.
7
In the case of an appeal against a refusal by the Bank to give a notice as required under regulation 22 of the Banking Coordination Regulations under paragraph 3(1) or (2) or paragraph 6(1) of Schedule 6 to the Regulations, a copy of any notification of refusal to give such a notice under paragraph 4(6)(b) or paragraph 6(5)(b) of Schedule 6 thereof respectively.
8
In the case of an appeal against a decision of the Bank to impose a restriction under regulation 23 of the Banking Coordination Regulations and pursuant to Schedule 7 to the Regulations–
a
a copy of any notice served under paragraph 2(1) of Schedule 7 thereof;
b
a copy of any written representations made in accordance with paragraph 2(4) of Schedule 7 thereof; (c) a copy of any notice served under paragraph 2(6) of Schedule 7 thereof; and
d
a copy of any written representations made in accordance with paragraph 2(10) of Schedule 7 thereof.
.
Rodger of Earlsferry
Lord Advocate
Lord Advocate’s Chambers
6th April 1993


text:
Citation, interpretation, and commencement
1
These Regulations may be cited as the Further and Higher Education Act 1992 (Consequential Amendments) Regulations 1993 and shall come into force on 1st April 1993.
Amendment of the Education (School Information) Regulations 1981
2
The Education (School Information) Regulations 1981 are amended by —
a
the omission in regulation 5(6)(c) of “(other than sixth form colleges), or”;
b
the omission of regulation 5(6)(d);
c
the omission in paragraph 4(b) of Schedule 1 of “or a sixth form college”; and
d
the omission in paragraph 2(b) of Schedule 2 of “or a sixth form college”.
Amendment of the Education (School Premises) Regulations 1981
3
The Education (School Premises) Regulations 1981 are amended by —
a
the omission in regulation 3(1) in the definition of “school” of “(including a sixth form college)”;
b
the omission in regulation 3(1) of the definition of “sixth form college”;
c
the omission in paragraph 4(1) of Schedule 2 of “(including a sixth form college)”;
d
the omission in paragraph 4(2)(a) of Schedule 2 of “subject to sub-paragraph (4),”;
e
the omission of paragraph 4(4) of Schedule 2;
f
the substitution in paragraph 3(1) of Schedule 3 for “neither a sixth form college nor” of “not”;
g
the omission in the heading of the Table in Schedule 3 of “and sixth form colleges”;
h
the omission of paragraph 4 of Schedule 3; and
i
the omission in paragraph 3(2)(a) of Schedule 4 of “or, in the case of a sixth form college, the number of pupils at the college”.
Amendment of the Education (Schools and Further Education) Regulations 1981
4
In regulation 9(1)(c) of the Education (Schools and Further Education) Regulations 1981 for “a further education establishment” there is substituted “an institution to which section 218(10) of the Education Reform Act 1988 applies”.
Amendment of the Education (Fees and Awards) Regulations 1983
5
The Education (Fees and Awards) Regulations 1983 are amended by —
a
the substitution in regulation 4(1) for “, an institution within the PCFC funding sector” of “or other institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992), or an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992),”;
b
the omission in regulation 4(2) of the definition of “institution within the PCFC funding sector”;
c
the substitution in regulation 4(2) for the definition of “maintained institution” of ““maintained institution” means an institution maintained by a local education authority”; and
d
the omission of Schedule 1.
Amendment of the Assured and Protected Tenancies (Lettings to Students) Regulations 1988
6
Regulation 2 of the Assured and Protected Tenancies (Lettings to Students) Regulations 1988 is amended as follows:
a
for the definition of “further education” there is substituted —
“further education” has the meaning assigned to it by section 41 of the Education Act 1944 as read with section 14 of the Further and Higher Education Act 1992;
; and
b
in the definition of “publicly funded” —
i
for paragraph (c) there is substituted —
c
within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992), other than a university;
and
ii
a new paragraph (d) is inserted —
d
within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992.
.
Revocation of the Education (Governing Bodies of Institutions of Higher and Further Education) Regulations 1990
7
The Education (Governing Bodies of Institutions of Further and Higher Education) Regulations 1990 are hereby revoked.
Revocation of the Education (Further and Higher Education Institutions Access Funds) Regulations 1990
8
The Education (Further and Higher Education Institutions Access Funds) Regulations 1990 and the Education (Further and Higher Education Institutions Access Funds) (Amendment) Regulations 1992 are hereby revoked.
Amendment of the Education (Grant) Regulations 1990
9
The Education (Grant) Regulations 1990 are amended by —
a
the omission of the definition of “Universities Funding Council” in regulation 2(1);
b
the substitution for regulation 7(3)(c) of —
c
any institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992);
;
c
the substitution for regulation 7(3)(d) of —
d
any institution conducted by a further education corporation (within the meaning of section 17(1) of the Further and Higher Education Act 1992).
;
d
the omission in regulation 8 of the words from “Provided that” to the end of the regulation; and
e
the omission of regulation 9.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Ambulance National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Oxfordshire Ambulance 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 Oxfordshire Ambulance 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 manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Service Headquarters, Churchill Drive, Old Road, Headington, Oxford OX3 7LH and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of 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 Oxfordshire 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 Oxfordshire 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 Oxfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
Citation
1
This Order may be cited as the Leasehold Reform, Housing and Urban Development Act 1993 (Commencement and Transitional Provisions No. 1) Order 1993.
Interpretation
2
In this Order–
“the first commencement date” means the 2nd September 1993;
“the second commencement date” means the 11th October 1993;
“the third commencement date” means the 1st November 1993;
“the 1967 Act ” means the Leasehold Reform Act 1967 ;
“the 1985 Act ” means the Housing Act 1985 ;
“the 1987 Act ” means the Landlord and Tenant Act 1987 ; and
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 and references to sections and Schedules without more are references to sections of and Schedules to that Act.
Commencement
3
The following provisions of the 1993 Act shall come into force on the first commencement date–
section 26(9),
so much of sections 75, 88, 91, 99 and 108 as confers on the Secretary of State a power to make orders, regulations or declarations,
section 98,
section 100,
section 187(1) in so far as it relates to paragraphs 4, 7 and 27 of Schedule 21, and
section 187(2) in so far as it relates to the repeals in Schedule 22 of section 41(1) of the Housing Act 1988 and paragraph 51 in Schedule 11 to the Local Government and Housing Act 1989 .
4
The following provisions of the 1993 Act shall come into force on the second commencement date–
a
section 123,
sections 128 and 129,
section 131,
section 174,
section 176,
section 179,
section 180 except in so far as it relates to the insertion of section 165A(2) in the Local Government, Planning and Land Act (1980) ,
section 182,
section 187(1) in so far as it relates to paragraph 10 of Schedule 21,
section 187(2) in so far as it relates to the repeals in Schedule 22 in the Local Government, Planning and Land Act 1980 and in section 69(2) of the Housing Act 1988; and
b
subject to the transitional provisions and savings in Schedule 1 to this Order,–
sections 104 to 107,
section 108 in so far as it is not in force,
sections 109 to 120,
sections 124 and 125,
section 130,
sections 133 and 134,
section 178,
section 187(1) in so far as it relates to paragraphs 11 to 25 of Schedule 21,
section 187(2) in so far as it relates to the repeals in Schedule 22 specified in Schedule 2 to this Order, and
Schedule 16.
5
The following provisions of the 1993 Act shall come into force on the third commencement date–
a
sections 1 to 25,
section 26 in so far as it is not in force,
sections 27 to 62,
sections 63 to 66,
sections 69 to 74,
section 75 in so far as it is not in force,
sections 76 to 84,
section 87,
section 88 in so far as it is not in force,
sections 89 and 90,
section 91 in so far as it is not in force,
sections 92 to 97,
section 99 in so far as it is not in force,
sections 101 to 103,
section 187(1) in so far as it relates to paragraphs 1, 9, 26 and 30 of Schedule 21,
section 187(2) in so far as it relates to the repeals in Schedule 22 in the Housing Act 1980 and the Housing (Consequential Provision) Act 1985 ,
Schedules 1 to 15; and
b
subject to the transitional provisions and savings in Schedule 1 to this Order,–
sections 67 and 68,
sections 85 and 86,
section 187(1) in so far as it relates to paragraph 5 of Schedule 21, and
section 187(2) in so far as it relates to the repeals in Schedule 22 in the 1987 Act.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
1st September 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rhondda Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Rhondda 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 Rhondda 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 —
a
to own and manage hospital accommodation and services provided at Llwynypia Hospital, Llwynypia, Rhondda, Mid Glamorgan CF40 2LX and associated hospitals;
b
to manage community health services provided from Llwynypia Hospital, Llwynypia, Rhondda, Mid Glamorgan CF40 2LX and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of 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
Mid Glamorgan 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
Mid Glamorgan 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 the 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 Mid Glamorgan 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.
John Redwood
Secretary of State for Wales
19th November 1993


text:
Title, extent and commencement
1
This Order may be cited as the Milk Marketing Board Scheme of Reorganisation (Extension of Period for Application) Order 1993, shall apply in England and Wales and shall come into force on 31st December 1993.
Interpretation
2
In this Order —
“ the Act ” means the Agriculture Act 1993;
“the Milk Marketing Board” means the board administering the Milk Marketing Scheme 1933 , being a scheme having effect under the Agricultural Marketing Act 1958 for the marketing of milk.
Extension of period for making application under section 2 of the Act
3
The period for the making of an application under section 2 of the Act by the Milk Marketing Board is extended to 31st March 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1993.
LS
Gillian Shephard
Minister of Agriculture, Fisheries and Food
John Redwood
Secretary of State for Wales
22nd December 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1993 and shall come into force on 1st January 1994.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 .
Amendment of regulation 9 of the principal Regulations
2
1
Regulation 9 of the principal Regulations is amended as follows.
2
In paragraph (1) —
a
for “the report” there is substituted “a report”;
b
for “paragraph 7” in both places where it occurs there is substituted “paragraph 7(1)”; and
c
in sub-paragraph (c)(i), for “identified to him by the chairman of the appropriate committee pursuant to paragraph 3(3) of Schedule 4” there is substituted “specified pursuant to paragraph 3(3) (whether or not as modified by paragraph 3(3A)) of Schedule 4 or, where that paragraph does not apply, sent to the practitioner pursuant to paragraph 3(1) of that Schedule”.
3
After paragraph (2) there is inserted —
2A
The FHSA , after due consideration of a report presented to it by the appropriate committee pursuant to sub-paragraph (1A) of paragraph 7 of Schedule 4, shall —
a
if it agrees with the committee’s view as mentioned in that sub-paragraph, determine that no further action should be taken in relation to the report; or
b
if it does not agree with the committee’s view as mentioned in that sub-paragraph, specify every provision of the terms of service with which it considers that the practitioner may have failed to comply.
2B
In a case falling within paragraph (2A)(b) —
a
the investigation shall continue in accordance with paragraphs 3 to 10 of Schedule 4 as if the FHSA had been notified of the relevant terms of service under paragraph 1(7) of that Schedule by the chairman of the appropriate committee; and
b
paragraphs 3 to 10 of Schedule 4 shall accordingly have effect with appropriate modifications and, in particular, references in paragraphs 3(3) and 4(1)(b)(i) of that Schedule to the chairman shall be construed as references to the FHSA.
.
Amendment of regulation 10 of the principal Regulations
3
1
Regulation 10 of the principal Regulations is amended as follows.
2
In paragraph (1), after sub-paragraph (a) there is inserted —
aa
by a complainant, against a determination of an FHSA under regulation 9(2A)(a) which is adverse to him;
.
3
After paragraph (3) there is inserted —
3A
Subject to paragraph (6), on an appeal to which paragraph (1)(aa) applies, the Secretary of State shall determine —
a
in a case falling within paragraph 1(6A) of Schedule 4, whether there are reasonable grounds for believing that the practitioner has failed to comply with his terms of service; and
b
in a case falling within paragraph 2(5A) of Schedule 4, whether he confirms the conclusions mentioned in paragraph 2(5)(a) and (b) of that Schedule;
and if, in either case, he determines that there are reasonable grounds for believing that the practitioner has failed to comply with any of his terms of service, the Secretary of State shall specify those terms of service in his determination.
.
Amendment of regulation 11 of the principal Regulations
4
1
Regulation 11 of the principal Regulations is amended as follows.
2
After paragraph (2)(a) there is inserted —
aa
in the case of an appeal under regulation 10(1)(aa), to the practitioner, together with a copy of the complainant’s statement and any further statement provided pursuant to paragraph 1 of Schedule 4;
.
3
In paragraph (4), for “paragraph (5)” there is substituted “paragraphs (5) and (5A)”.
4
After paragraph (5) there is inserted —
5A
The Secretary of State shall determine an appeal under regulation 10(1)(aa) without an oral hearing.
.
5
In paragraph (14), after “(4)” there is inserted “,(5A)”.
6
After paragraph (14) there is inserted —
14A
Where, in the case of an appeal under regulation 10(1)(aa), the Secretary of State determines that there are reasonable grounds for believing that the practitioner has failed to comply with the terms of service specified in the determination, he shall refer the matter back to the FHSA, which shall continue the investigation as if it had been notified of those terms of service under paragraph 1(7) of Schedule 4 by the chairman of the appropriate committee, or as the case may be under paragraph 2(5B) by the appropriate committee itself, and there must be a hearing of the complaint.
14B
Accordingly, paragraph 3(1) and (2) and paragraphs 4 to 10 of Schedule 4 shall apply in such a case with appropriate modifications.
.
Amendment of Schedule 4 to the principal Regulations
5
1
Schedule 4 to the principal Regulations is amended as follows.
2
In paragraph 1 —
a
in sub-paragraph (6), the words from “who” to the end are omitted;
b
after sub-paragraph (6) there is inserted —
6A
The committee, if it agrees with —
a
the chairman’s view as mentioned in sub-paragraph (6)(a); or
b
in any case falling within sub-paragraph (6)(b), his view as mentioned in sub-paragraph (5);
shall report on the matter in accordance with paragraph 7(1A) without holding a hearing.
; and
c
in sub-paragraph (7) —
i
after “considers” there is inserted “(or, if the committee does not agree with his view as mentioned in sub-paragraph (5) or (6)(a), whichever is applicable, the committee considers)”, and
ii
after “he” there is inserted “or the committee (as the case may be)”.
3
In paragraph 2 —
a
in sub-paragraph (2)(b)(ii), “by the chairman” is omitted;
b
in sub-paragraph (5), the words from “who” to the end are omitted; and
c
after sub-paragraph (5) there is inserted —
5A
The committee, if it agrees with the chairman’s view as mentioned in sub-paragraph (5), shall report on the matter in accordance with paragraph 7(1A) as respects the doctor without holding a hearing, though the investigation may continue as respects the deputy.
5B
If the committee does not agree with the chairman’s view as mentioned in sub-paragraph (5), it shall identify each provision of the doctor’s terms of service with which it considers he may have failed to comply, and notify the FHSA accordingly.
.
4
In paragraph 3 —
a
after “1(7)” in each place where it occurs there is inserted “or 2(5B)”;
b
in sub-paragraphs (1)(a)(ii) and (2)(a)(ii), “by the chairman” is omitted;
c
after sub-paragraph (3) there is inserted —
3A
Where a committee (and not the chairman) has identified terms of service pursuant to paragraph 1(7) or 2(5B), references in sub-paragraph (3) to the chairman shall be construed as references to the committee.
; and
d
in sub-paragraph (4) —
i
after “(3)” there is inserted “(whether or not as modified by sub-paragraph (3A))”, and
ii
for “may” there is substituted “shall”.
5
In paragraph 4 —
a
in sub-paragraph (1)(b)(i), for “the chairman pursuant to paragraph 3(3)” there is substituted “the chairman or the committee (as the case may be) pursuant to paragraph 3(3) or (3A)”; and
b
in sub-paragraph (2), for “1(6), 2(5)” there is substituted “1(6A), 2(5A)”.
6
In paragraph 7 —
a
in sub-paragraph (1), after “writing which” there is inserted “, except in a case falling within paragraph 1(6A) or 2(5A),”; and
b
after sub-paragraph (1) there is inserted —
1A
In the cases excepted from sub-paragraph (1)(a) to (e), the report shall state —
a
in a case falling within paragraph 1(6A), why the committee considers that there are no reasonable grounds for believing that the practitioner has failed to comply with his terms of service; and
b
in a case falling within paragraph 2(5A), why the committee has reached the conclusions mentioned in paragraph 2(5)(a) and (b).
.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
1st December 1993


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No.2) Regulations 1993 and shall come into force on 1st November 1993.
Amendment of Regulations
2
1
The National Health Service (General Medical Services) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In Schedule 10 (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be omitted
Ammonia and Ipecacuanha Mixture BP
GF Brand Hot Breakfast Cereal;
b
the following entries shall be inserted at such places in the alphabetical order of the entries in that Schedule as are appropriate —
Advanced Nutrition Bee Pollen Granules
Advanced Nutrition Bee Propolis Tablets
Advanced Nutrition Chromium Compound Liquid
Advanced Nutrition Ener-B NSL Gel
Advanced Nutrition Herbal Aloe Juice
Advanced Nutrition L-Arginine Capsules
Advanced Nutrition Linseed Oil
Advanced Nutrition Silica-Organic Capsules
Advanced Nutrition Sulphur Capsules
Advanced Nutrition Vitamin E Capsules
Aerocide 2 Spray 400ml
Alcon Salette Aerosol Saline Solution
Algipan
All Clear Shampoo
Almay Sun Protection Cream SPF 12
Almay Ultra Protection Lotion SPF 12
Ambre Solaire Cream Factor 8
Ambre Solaire Cream Factor 10
American Nutrition Strezz B-Vite Tablets
Anadin Extra Soluble Tablets
Arnica Lotion
Asilone Liquid
Ayrtons Analgesic Balm
Beecham Analgesic Cream
Bemax Natural Wheatgerm
Bergasol After Sun Soother
Bio Science Basic Health AM Capsules
Bio Science Basic Health PM Capsules
Bio Science Bio-C Powder
Bio Science Cal-Mag Alkaline Capsules
Bio Science Chelated Cal-Mag Compound Capsules
Bio Science Chelated Zinc Capsules
Bio Science Full Spectrum Aminos Powder
Bio Science Lipid Enzyme Capsules
Bio Science Lo-pH Complete Spectrum Digestive Enzyme Capsules
Bio Science Lo-pH Digestive Enzyme Capsules
Bio Science MSM Organic Sulphur Capsules
Bio Science Non-Acidic Sustained Release Vitamin C Tablets
Bio Science Organic Iron Capsules
Bio Science Pro Enzyme Capsules
Bio Science Pyroxidal 5 Phosphate Capsules
Bio Science Selenium Plus Capsules
Bio Science Timed Release Vitamin C Tablets
Bio Science Vitamin B1 Capsules
Bio Science Vitamin B3 Nicotinamide Capsules
Bio Science Vitamin B5 Calcium Pantothenate Capsules
Bio Science Vitamin B6 Capsules
Bio Science Vitamin E Capsules
Bio-Antioxidant Tablets
Biocare Adreno-Zyme Capsules
Biocare Allicin Compound Capsules
Biocare Amino-Plex Capsules
Biocare Artemisia Compound Capsules
Biocare ATP Factor Capsules
Biocare Beta-Carotene Capsules
Biocare Betaine HCL/Pepsin Capsules 200/100mg
Biocare Beetroot Concentrate (Bioflavour Complex) Capsules
Biocare Bio Acidophilus Milk Free Capsules
Biocare Bio-A Emulsifying Liquid
Biocare Biogard Capsules
Biocare Bio-Magnesium Capsules 100mg
Biocare Bio-Manganese Capsules
Biocare Butyric Acid Compound Capsules
Biocare Calcidophilus Capsules
Biocare Calcium EAP2 Capsules
Biocare Catalase Compound Liquid
Biocare Cervagyn Vaginal Cream
Biocare Cellguard Forte Capsules
Biocare Children’s Multi Vitamin/Mineral Capsules
Biocare Cholesteraze Capsules
Biocare Chromium Polynicotinate Liquid
Biocare Colleginase Capsules
Biocare Colon Care Capsules
Biocare Cystoplex Powder
Biocare Digestaid Capsules
Biocare DMSA Capsules
Biocare Enteroplex Powder
Biocare Femforte Capsules
Biocare Garlicin Capsules
Biocare GLA /Co Q10 Catalase Capsules
Biocare Glutenzyme Capsules
Biocare Hepaguard Capsules
Biocare HCL Pepsin Capsules
Biocare Histazyme Capsules
Biocare IMU Power Pack
Biocare Iron EAP2 Capsules
Biocare Kalmar Capsules
Biocare Lactase Enzyme Liquid
Biocare Ligazyme Capsules
Biocare Linseed Oil Emulsifying Capsules
Biocare Lipazyme Capsules
Biocare Magnesium Calcium 2:1 Capsules
Biocare Magnesium EAP2 Capsules
Biocare Mega GLA Complex Capsules 163mg
Biocare Molybdenum Liquid
Biocare Multi-Mineral Complex Capsules
Biocare Multivitamin Mineral Capsules
Biocare Mycopryl 250 Junior Strength Capsules
Biocare Mycopryl 400 Capsules
Biocare Mycopryl 680 Capsules
Biocare Neurotone Capsules
Biocare Organic Selenium Capsules 100mcg
Biocare Oxy-B15 Complex Capsules
Biocare Oxyplex Tablets
Biocare Oxy Pro Liquid
Biocare Pit-Enzyme Capsules
Biocare Prolactazyme Capsules
Biocare Prolactazyme Tablets
Biocare Reduced Glutathione Capsules
Biocare Sea Plasma Capsules 500mg
Biocare Selenium Complex Tablets 50mcg
Biocare Selenium Liquid
Biocare Shiitake Mushroom Extract Capsules
Biocare Thioproline Capsules
Biocare Uritol Capsules
Biocare Vitamin B6 Capsules
Biocare Vitamin B Compound Capsules
Biocare Vitamin B12 Timed Release Capsules
Biocare Vitamin C Capsules
Biocare Vitamin C Magnesium Ascorbate Powder
Biocare Vitamin E Emulsifying Capsules
Biocare Zinc Tablets
Bio-Carotene Softgel Capsules
Bioflav Compound Capsules
Bioflav Compound+C Capsules
Bio-Health Buffered C500 Capsules
Bio-Health Extra Calcium Capsules
Bio-Health Zinc Gluconate Capsules
Bio-Quinone Q10 Softgel Capsules
Bio-Quinone Q10 Super Softgel Capsules
Bio-Selenium+Zinc Tablets
Blackmore’s Acidophilus & Pectin Tablets
Blackmore’s Bio C Tablets
Blackmore’s Celloid CS36 Calcium Sulphate Tablets
Blackmore’s Celloid IP82 Iron pH Tablets
Blackmore’s Celloid SS69 Sodium Sulphate Tablets
Blackmore’s Citrus C & Acerola Tablets
Blackmore’s Duocelloid PP /MP Tablets
Blackmore’s Duocelloid PS/MP Tablets
Blackmore’s Duocelloid S/CF Tablets
Blackmore’s Duocelloid SP/S Tablets
Blackmore’s Sodical Plus Tablets
Boots Aromatherapy Massage Oil
Boots Lip Salve
Boots Menthol & Wintergreen Embrocation
Boots Soft Lens Cleaning Solution
Bronalin Decongestant
Calcia Calcium Supplement Tablets
Calpol Infant Suspension
Camphor Spirit
Cantamac Tablets
Cantamega 1000 Tablets
Cantamega 2000 Divided Dose Tablets frac14; size
Cantamega 2000 Naturtab Tablets
Cantassium Amino M.S. Tablets
Cantassium Discs
Cantassium Multivitamin Tablets
Clen-Zym Tablets
Clinisan Skin Cleansing Foam
Clinisan Skin Cleansing Foam Aerosol 500ml
Coppertone Children’s Cream SPF 25
Coppertone Children’s Lotion SPF 15
Coppertone Dark Tanning Lotion SPF 4
Coppertone Water Resistant Tanning Cream SPF 8
Co-Q10 Tablets
Core Level Adrenal Tablets
Core Level Auto Sym Tablets
Core Level C Timed Release Tablets
Core Level Health Reserve Tablets
Core Level Ilioduodenal Tablets
Core Level Magnesium Tablets
Core Level Zinc Tablets
Crookes Wheat Germ Oil Capsules
Cremalgin
Cuprofen Soluble Tablets
Culpepper Healing Ointment
Culpepper Rheumatic Cream
Cupanol Under Six Suspension
Cytoplan Acidophilus Capsules (Milk Free)
Cytoplan Acidophilus/Bifidophilus 50%/50% Capsules
Cytoplan Betaine & Pepsin Capsules 345mg/10mg
Cytoplan Biotin Capsules 100mcg
Cytoplan Children’s Chewable Mineral/Vitamin Tablets
Cytoplan Choline/Inositol Capsules 250mg/250mg
Cytoplan Co-Factor Compound Plus Capsules
Cytoplan Cytomin Mineral/Vitamin Tablets
Cytoplan Cytophilus Milk Free Capsules
Cytoplan De-Toxifying Compound Capsules
Cytoplan EPA Capsules
Cytoplan Lecithin Capsules
Cytoplan Magnesium Ascorbic Capsules
Cytoplan Magnesium/Calcium Capsules 250mg/250mg
Cytoplan Magnesium Citric Capsules
Cytoplan Magnesium Complex Capsules
Cytoplan Manganese Complex Capsules
Cytoplan Potassium Pantothenate Capsules
Cytoplan Pryoxidal-5-pH Complex Capsules
Cytoplan Selenium Capsules
Cytoplan Supermag-Plus Capsules
Cytoplan Vitamin A Capsules
Cytoplan Vitamin C 1000mg+Bioflavour 50mg Capsules
Cytoplan Vitamin C Powder
Cytoplan Vitamin E Capsules
Cytoplan Zinc Lozenge Wafers
Dead Sea Natural Mineral Soap
Delial Lotion SPF 2
Delial Lotion SPF 6 Water Resistant
Derl Dermatological Soap
Dermablend Chromatone Fade Creme Plus
Dermablend Maximum Moisturiser
Dermacolor Body Cover
Dermacolor 6 Colour Palette
Dermacolor Creme Effective No 2
Dermacolor Fixier Spray
Dermacolor Skin Plastic
Dermo-Care Soapless Soap
DHL Rheumatic Massage Cream
Diazepam oral solution 5mg/ml
Diazepam oral suspension 5mg/ml
Disprin Direct Tablets
Dove Cleansing Bar
Dragon Balm
Dubam Cream
Dubam Spray Relief
Earthlore Vitamin B Compound Tablets
Efamolia Enriched Moisture Cream
Efamolia Moisture Cream
Efavite Tablets
Efavite Vitamin & Zinc Supplement Tablets
Ellimans Universal Embrocation
Enfamil Human Milk Fortifier
English Grains Mixed Gland Compound Tablets
English Grains Red Kooga Multivitamins & Minerals
Esoterica Fortified Cream
Ester-C Powder
Ester-C Tablets
Evian Mineral Water
Family Health Multivitamin Tablets
Farley’s Junior Milk
Farley’s Tea Timer
Ferroglobin B12 Vitamin/Mineral Compound
Fibrosine Analgesic Balm
Fiery Jack Cream
Fiery Jack Ointment
Filetti Sensitive Skin Soap Powder
Fink Linusit Gold Pure Golden Linseeds
Fluimucil
Formula M.E. (Multiple Elevator) No 1 Capsules
Formula M.E. (Multiple Elevator) No 2 Capsules
Formula M.E. (Multiple Elevator) No 3 Capsules
Foresight Tablets Mineral Formula
Foresight Tablets Vitamin (Multivitamins)
Formule B Spot Treatment Roll On
Fort-E-Vite Capsules
Fort-E-Vite 1000 Capsules
Fort-E-Vite Cream
Fort-E-Vite Plus Capsules
Fort-E-Vite Super Plus Capsules
FSC Betaine HCL Capsules
FSC Beta Plus Capsules
FSC Lactobacillus Acidophilus Capsules
FSC Multivitamin Addlife For Over 50s Capsules
FSC Organic Linseed Oil Capsules
FSC Super B-Supreme High-Potency Capsules
FSC Super Calcium 200mg+Vitamin A & D Tablets
FSC Super Vitamin D Tablets
FSC Vitamin B6 Tablets
Gaviscon 250 Tablets
Gericaps Capsules
Gerimax Original Korean Panax Ginseng with Vitamins, Minerals and Amino Acid
Germolene Ointment
Ginkgo Biloba Extract Capsules 40mg
Ginkgo Biloba Liquid
Glymiel Hand Care
Goddards White Oils Embrocation
Golden Health Feverfew Tablets
Golden Health Super Sea Kelp Tablets
Granose Soya Yogert
Gynovite Plus Nutritional Supplement Tablets
Halibut Oil A & D Capsules
Harvestime Malt Extract with Cod Liver Oil and Butterscotch
Health Aid Children’s Multivitamin+Mineral Tablets
Health Aid DL-Phenylalanine Tablets 500mg
Health Aid Dolomite Tablets
Health Aid EPO Forte Capsules 1000mg
Health Aid Halibut Liver Oil Capsules
Health Aid Magnesium & Calcium Tablets
Health Aid Multivitamins & Minerals Tablets
Health Aid Super Cod Liver Oil Capsules
Health Aid Super Lecithin Capsules
Health Aid Vitamin A Capsules
Health Aid Vitamin A+D Capsules
Health Aid Vitamin B6 Tablets Prolonged Release
Health Aid Vitamin B Complex Supreme Tablets
Health Aid Vitamin C Tablets
Health Aid Vitamin E Capsules
Health Aid Vitamin E Natural Capsules
Health Aid Vitamin E Oil
Health Aid Zinc Sulphate Tablets 200mg
Health Aid Zinc Tablets 10mg
Health+Plus Absorb Plus Capsules
Health+Plus Absorb Plus Tablets
Health+Plus Chromium GHTF & B3 Tablets
Health+Plus Compound B Tablets
Health+Plus Co-Q Plus Tablets
Health+Plus Dolomite + D Tablets
Health+Plus E500 Tablets
Health+Plus Immunade Tablets
Health+Plus Multiminerals Tablets
Health+Plus Multivite Tablets
Health+Plus Nutrient Pack, Metabolic Pack
Health+Plus Pregnancy Pack
Health+Plus Selenium Tablets 50mcg
Health+Plus Super B6 + Zinc Tablets
Health+Plus Super C1000 Tablets + Bioflavour
Health+Plus Supercholine Tablets
Health+Plus Vitamin E Capsules High-Potency
Health+Plus VV Pack
Health+Plus Ziman Plus (Manganese & Zinc) Tablets
Healthcrafts Aminochel Calcium Tablets
Healthcrafts Aminochel Chelated Magnesium Tablets
Healthcrafts Aminochel Zinc Tablets 1.3mg
Healthcrafts Aminochel Zinc Tablets 5mg
Healthcrafts Arteroil Tablets
Healthcrafts Betacarotene Capsules
Healthcrafts Brewers Yeast Tablets
Healthcrafts Calcium Chewable Tablets
Healthcrafts Calcium Pantothenate Super Tablets
Healthcrafts Cod Liver Oil Capsules
Healthcrafts Cod Liver Oil Compleat Tablets
Healthcrafts Dolomite Tablets 500mg
Healthcrafts EPA Forte Capsules
Healthcrafts Kelp Tablets
Healthcrafts Lecithin Capsules
Healthcrafts Multivitamin+Iron & Calcium Tablets
Healthcrafts Natural Vitamin C 1g Tablets (High Potency)
Healthcrafts Prolonged Release Nutrition Mega-B6 Tablets
Healthcrafts Prolonged Release Nutrition Mega B-Complex Tablets
Healthcrafts Prolonged Release Nutrition Mega C 1500 Tablets
Healthcrafts Prolonged Release Nutrition Mega Multis Tablets
Healthcrafts Vitamin E Capsules
Healthcrafts Vitamin E Capsules High-Potency
Healthcrafts Vitamin E Capsules Mega
Healthcrafts Vitamin E Capsules Super
Healthcrafts Vitamin E One-A-Day Capsules
Healthcrafts Zinc One-A-Day Capsules
Healthilife Dolomite Tablets 60mg
Healthilife Halibut Oil Capsules
Healthilife Rutin Tablets 60mg
Healthilife Vitamin A Capsules
Healthilife Vitamin E Soya Free Tablets
Healthilife Wild Sea Kelp Tablets 300mg
Healthlink Loosemore Herbal Capsules
Healthlink Magnesium Acetate Capsules
Healthlink Psyllium Husks
Healthwise Halibut Oil Capsules
Healthwise Vitamin E Capsules
Heath & Heather Feverfew Tablets
Heath & Heather Garlic Perles (Odourless)
Herbal Laboratories Feverfew Tablets
Hofels Cardiomax Garlic Pearles
Hofels Garlic Pearles
Hofels One-A-Day Garlic Pearles
Hofels One-A-Day Neo Garlic Pearles
Hydrox Hand Rub
Hymosa Vitamin E Cream
Innoxa Concealing Cream
Innoxa Creme Satin Foundation
Innoxa Foundation
Innoxa Sensitive/Dry Range: Enriched Moisture Cream
Innoxa Sensitive/Normal Range: Creamy Moisturiser
Innoxa Young Solution Spot Gel
Isoaminile Linctus
Isocal
Johnson & Johnson Baby Sunblock Stick
Johnson & Johnson Prickly Heat Powder
Jungle Formula Insect Repellant Pump Spray
Kamillosan Baby Cleansing Bar
Kwai Garlic Tablets
Ladycare No 2 (Menopausal) Tablets
Lamberts Acidophilus Extra Capsules
Lamberts Playfair Tablets
Lamberts PMT Supplement Optivite Tablets
Lamberts Senior Capsules
Lanes Glanolin Capsules 250/500
Lanes Lecigran Capsules
Lecithin Capsules
Lemsip Flu Strength
Lifeplan Acidophilus Capsules
Lifeplan Boron 3 Tablets
Lifeplan Cod Liver Oil One-A-Day Capsules
Lifeplan DL-Phenylalanine ( DLPA ) Tablets 500
Lifeplan Dolomite Tablets 500mg
Lifeplan Dolomite Tablets 800mg
Lifeplan Dolomite (Natural) Tablets
Lifeplan Super Galanol Tablets
Lifeplan Vitamin B6 Tablets
Lloyds Heat Spray
Lloyds Cream (Odour Free)
Malvern Water
Memo Boost Capsules
Menopace Capsules
Mentholatum Deep Heat Maximum Strength Rub
Mentholatum Deep Heat Massage Liniment
Mentholatum Deep Heat Rub
Mijex Cream
Milumil Baby Milk
Milupa Braised Steak & Vegetable Infant Food
Milupa Cauliflower Cheese Special Infant Food
Milupa Country Chicken & Vegetable Casserole
Milupa Infant Dessert, Banana & Apple Yoghurt
Milupa Infant Dessert, Caribbean Fruit
Milupa Infant Dessert, Semolina & Honey
Milupa Infant Tea-Time, Cheese & Tomato
Milupa Sunshine Orange Breakfast
Milupa Vegetable Hotpot Infant Food
Mosquito Milk Mosquito Repellent Tropical Formula
Nair Depilatory Cream
Napca Skin Lotion
Natural Flow Acidophilus Capsules
Natural Flow Animal Fun Children’s Chewable Tablets
Natural Flow Boron + Calcium & Silica Tablets
Natural Flow Calcium Ascorbate Tablets
Natural Flow Calcium & Magnesium Chelated Tablets
Natural Flow Calcium/Magnesium Tablets
Natural Flow Candiforte Capsules
Natural Flow Digestive Enzyme Compound Tablets
Natural Flow Dolomite + A & D Tablets
Natural Flow Green Magma Powder
Natural Flow Liquid B Complex & Iron
Natural Flow Mega B Complex Tablets
Natural Flow Mega C Tablets
Natural Flow Mega Multi Tablets
Natural Flow Multimineral Tablets
Natural Flow Organic Germanium Capsules
Natural Flow Primedophilus Powder
Natural Flow Probion Bifidus Powder
Natural Flow Probion Tablets
Natural Flow Psyllium Husks
Natural Flow Psyllium Husk Capsules
Natural Flow Rutin Tablets 500mg
Natural Flow Selenium Tablets
Natural Flow Selenium Chelated Tablets
Natural Flow Super B50 Capsules
Natural Flow Super Vitamin C Complex Tablets
Natural Flow Super Vitamin C Tablets
Natural Flow Tangerine C Chewable Tablets
Natural Flow Thiamin Tablets (Vitamin B1)
Natural Flow Vega Mins Tablets
Natural Flow Vitamin A Tablets
Natural Flow Vitamin C Powder
Natural Flow Zinc Chelated Tablets
Naturtabs Choline
Naturtabs Nicotinamide
Naturtabs Nicotinic Acid
Naturtabs Paba
Nella Red Oil
Nicabate Nicotine Transdermal Patch
Nico Patch
Nicodex Patch
Nicorette Patch
Nicostop Patch
Nicotine Patch
Nobacter Medicated Shaving Foam
Noxzema Medicated Skin Cream
Nutricare Beta Carotene Capsules
Nutricare Capricin Capsules
Nutricare Selenium Tablets
Nutricare Vitamin C Tablets
Nutricare Zinc Orotate Tablets
Optivite Tablets
Osteocare Calcium & Magnesium Tablets
Oxy Clean Facial Wash Gel
Oxy Clean Medicated Cleanser
Paldesic Elixir
Panadol Baby & Infant Suspension
Panadol Extra Soluble Tablets
Panax 600 Ginseng Tablets
Perrier Mineral Water
Phillips Brewers Yeast Tablets
Phor Pain Tablets
Phor Pain Double Strength Tablets
Pickles Nail Bite Lotion
Piz Buin After Sun Lotion
Piz Buin After Sun Shower Gel
Piz Buin Cream Factor 12
Piz Buin Factor 4 Cold Air Protection Cream
Piz Buin Sun Allergy Lotion SPF 12
Piz Buin Sun Protection Lotion SPF 12
Potters Household Liniment
Potters Nine Rubbing Oils
Power Cranberry Juice Capsules
Power Cranberry Juice Concentrated Powder
Power Dolomite Tablets
Power Dophilus Capsules
Power Feverfew Capsules
Power Halibut Liver Oil Capsules
Power Kelp Tablets 500mg
Power Nutrimental 24 Tablets
Pregnacare Capsules
Prematil with Milupan
Premence-28 Capsules
PR Heat Spray
Quest Balanced Ratio Cal-Mag Tablets
Quest Beta Carotene Capsules
Quest Gamma EPA Capsules 1000mg
Quest Herbal Range Feverfew Formula Capsules
Quest Improved Once-A-Day Tablets
Quest Kyolic High Potency 102 Tablets
Quest Mega B50 Tablets
Quest Mega B-100 Timed Release Tablets
Quest Mega B Complex Plus 1000mg C Tablets
Quest Multi B Complex Plus 500mg C Tablets
Quest Multi C Complex Tablets
Quest Non-Dairy Acidophilus Plus Capsules
Quest Once-A-Day Tablets
Quest Supa-Mega B-50 Timed Release Tablets
Quest Supa-Mega B + C Complex Tablets
Quest Super Once-A-Day Tablets
Quest Super Once-A-Day Divided Dose Tablets
Quest Synergistic Boron Tablets
Quest Synergistic Iron Capsules
Quest Synergistic Magnesium Tablets
Quest Synergistic Selenium Capsules
Quest Synergistic Zinc Capsules
Quest Vitamin C Tablets
Quest Vitamin C Tablets Sustained Release
Quest Vitamin E Capsules
Radian B Liniment
Radian B Rub
Ralgex Cream
Ralgex Stick
Rappell Head Louse Repellent Pump Spray
Replens Vaginal Moisturiser
Revlon Nutrasome Shampoo
Revlon ZP11 Medicated Shampoo
Rite-Diet Egg White Replacer
Rite-Diet Hot Breakfast Cereal
Robinsons Instant Baby Foods Baby Breakfast
Robinsons Instant Baby Foods Baby Dessert
RoC Amino Moisturising Cream
RoC Face Powder Loose
RoC High Protection Sun Cream SPF 7/9
RoC Hydra and Body Cream
RoC Hydra Plus
RoC Intensive Hand Cream
RoC Invisible Sunscreen SPF 10/15
RoC Lipo Moisturising Treatment
RoC Lipo Vitamin Treatment
RoC Pre-Tanning Lotion
RoC Soap for Delicate Skin
RoC Soothing After Sun Lotion
RoC Soothing Eye Gel
RoC Treatment Lipstick
RRC1 Cream
Salonair
Sanatogen Childrens Vitamins Plus Minerals
Sanatogen Cod Liver Oil Capsules
Sanatogen Garlic Oil Perle One-A-Day
Sanatogen Multivitamins & Calcium Tablets
Sanatogen Vitamin B6 Capsules
Sanatogen Vitamin E Capsules
Seatone Capsules
Seatone Super Strength Capsules
Seba-Med Cleansing Bar
Seba-Med Cream
Seba-Med Liquid Cleaner
Seba-Med Lotion
Senselle Natural Feminine Moisture
Sergeant’s Dust Mite Patrol Powder
Seven Seas Calcium Berries with Vitamin D
Seven Seas Garlic Oil Perles
Seven Seas Iron Berries with Vitamin C
Seven Seas Korean Ginseng Capsules
Seven Seas Lecithin Capsules
Seven Seas Magnesium Berries
Seven Seas Multivitamin & Mineral Capsules
Seven Seas Natural Beta Carotene Capsules
Seven Seas Natural Vitamin E in Wheatgerm Capsules
Seven Seas Pulse Capsules
Seven Seas Selenium E & Cod Liver Oil Capsules
Seven Seas Super Vitamin E Capsules
Seven Seas Wheatgerm Oil Capsules
Seven Seas Zinc Berries with Vitamin C
Simple Moisturising Shower Gel
Simple Moisturising Lotion
Simple Night Cream
Simple Sun Block
Simple Talcum Powder
Solpadeine Tablets
Spectraban 10 Lotion
Special E Moisture Cream
Steradent Mouthwash
Stop 'N' Grow Nail Biting Deterrent
Sudafed Nasal Spray
Sun E45 Lotion SPF8
Sun Yums Gluten Free & Dairy Free Almond & Coconut Cake
Sun Yums Gluten Free & Dairy Free Banana & Sesame Seed Cake
Sun Yums Gluten Free & Dairy Free Carob & Mint Cake
Sun Yums Gluten Free & Dairy Free Ginger & Pecan Nut Cake
Sun Yums Gluten Free & Dairy Free Jaffa Spice Cake
Sun Yums Gluten Free & Dairy Free Muffins
Superdrug Heat Spray
Tanacet Feverfew 125
Thermogene Medicated Rub
Tidman’s Sea Salt Coarse
Tiger Balm Liquid
Tiger Balm White
Tiger Balm Red
Topfit Amino Acid Powder
Topfit L-Threonine+Vitamin B6 Capsules 500/12.5mg
Trufree Tandem IQ Tablets
Trufree Vitamin & Minerals Tablets
Unicap M Tablets
Unicap T Tablets
Unichem Extract of Malt with Cod Liver Oil
Unichem Multivitamins+Iron Tablets
Uvistat Baby Sun Cream SPF 12
Uvistat Lipscreen SPF 5 Lipstick
Uvistat SPF 8 Suncream
Uvistat SPF 10 Suncream
Vadarex Wintergreen Heat Rub
Vantage Baby Shampoo
Vantage Garlic One-A-Day Capsules
Vantage Halibut Fish Oil One-A-Day Capsules
Vantage Sterilising Fluid
Vichy Total Sunscreen
Vicks Vaposyrup Childrens
Viobin Octacosanol Tablets 50000mcg
Viobin Pancreatin Tablets 325mg
Vipro Vegetable Protein
Vitabrit Beta Carotene Capsules
Vitalia Calcium Formula A + D Tablets
Vitalia Lecithin Capsules High Potency
Vitalia Multivitamins & Minerals Children’s Chewable Sugar-Free Tablets
Vitalia Multivitamins & Minerals with Iron Tablets
Vitalia Multivitamins & Minerals Tablets without Iron
Vitalia Natural E Capsules
Vitalia Vitamin A Tablets
Vitalia Vitamin B Complex Super Tablets
Vitalia Vitamin B6 Tablets
Vitalia Vitamin C Chewable Tablets
Vitalia Vitamin E Tablets
Vitalia Zinc Amino Acid Chelated Tablets 15mg
Vitalia Zinc Chelated Tablets
Vitalife Vital E Capsules
Vitalife Vitamin B6 Capsules
Vitalife Vitamin B Complex Tablets
Vitapointe Conditioner
Vita-E 200 (D-Alpha Tocopherol) Capsules
Yestamin Vitamin B5 Tablets
Zam Buk Ointment
Zemaphyte Chinese Herbal Eczema Remedy; and
c
in the entry for “Rite-Diet Gluten-Free Canned Rich Fruit Cake”, the word “Canned” shall be omitted.
3
In Schedule 11 (drugs to be prescribed under pharmaceutical services only in certain circumstances), in the entry relating to Cyanocobalamin, in column 1 after the word “Cyanocobalamin” there shall be inserted the word “Tablets”.
Revocation
3
The National Health Service (General Medical and Pharmaceutical Services) Amendment Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th October 1993


text:
Title, extent and commencement
1
These Regulations may be cited as the Beet Seeds Regulations 1993, shall apply to Great Britain and shall come into operation on 1st September 1993.
Revocation of previous regulations
2
The Beet Seeds Regulations 1985 and the Beet Seeds (Amendment) Regulations 1989 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“Common Catalogue” means the Common Catalogue of varieties of kinds of agricultural plants published in the Official Journal of the European Communities;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the List or the Common Catalogue;
“marketing” includes the offer for sale, exposure for sale, sale and possession with a view to sale of seeds and any transaction in the course of business —
under which the property in seeds is transferred from one person to another, or
under which the seeds are made over by one person to another in pursuance of a contract under which the seeds will be used for producing further seeds or for producing plants or parts of plants for human or animal consumption; and “market” and “marketed” shall be construed accordingly;
“Member State” means a Member State of the Communities;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State, and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
“monogerm seed” means seed produced on genetically monogerm plants, the percentage of germinated clusters producing single seedlings being not less than the minimum specified in Part II of Schedule 4;
“National List” means a list of varieties of kinds of beet seeds for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 1982 ;
“natural seed” means seed of non-monogerm varieties, which have not been processed as precision seeds;
“official certificate” means a certificate issued by the Minister in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified in Schedule 3 and “officially certified” shall be construed accordingly;
“official examination” means —
an examination carried out by or on behalf of the Minister, subject to an application for such examination having been made to the Minister in such form and manner and at such time as the Minister may, at his discretion, require and to the payment of any fees payable under seeds regulations,
an examination carried out by or on behalf of the Department of Agriculture for Northern Ireland, or
in relation to seeds produced elsewhere than in the United Kingdom, an examination approved by the Minister;
“official label” means a label issued or authorised by the Minister, subject to the payment of any fees payable under seeds regulations, and “official inner label” shall be construed accordingly;
“precision seed” means seed processed for use in precision drills with the percentage of seeds producing single seedlings being not less than the minimum specified in Part II of Schedule 4;
“seed lot” means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;
“seeds regulations” means regulations made under section 16 of the Act and for the time being in force;
“small package” means a package of Basic Seed containing a net weight of not more than 2.5 kilograms of seeds other than pelleted seeds or a net weight of not more than 12.5 kilograms of pelleted seeds;
“small EEC package” means a package of Certified Seed containing —
in the case of monogerm or precision seeds, not more than 100,000 clusters or a net weight of not more than 2.5 kilograms of seeds, and
in the case of seeds other than monogerm or precision seeds, a net weight of not more than 10 kilograms of seeds,
excluding (in each case) the weight of any granulated pesticides, pelleting substancesor other solid additives.
2
A reference in these Regulations to a numbered regulation or Schedule shall beconstrued as a reference to the regulation or Schedule bearing that number in these Regulations.
3
In these Regulations —
“Uncertified Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed —
which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
which are intended for the production of uncertified Pre-basic seed, Pre-basic Seed or Basic Seed;
“Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed —
which have been produced by or under the responsibility of the maintainer,
which are intended for the production of Pre-basic Seed, Basic Seed or, with the written authority of the Maintainer and the Minister, Certified Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and inrespect of which an official certificate has been issued in accordance withSchedule 2;
“Basic Seed” means seeds —
which have been produced by or under the responsibility of the maintainer from Uncertified Pre-basic Seed or Pre-basic Seed,
which are intended for the production of Certified Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed” means seeds —
which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
which satisfy the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
4
For the purposes of these Regulations seeds marketed in accordance with regulation 5(1)(b) or (c) below shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.
Seeds to which the Regulations apply
4
1
Subject to paragraph (2) and (3) below, these Regulations apply to beet seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural or horticultural crops.
2
These Regulations shall not apply to —
a
seeds which are marketed for delivery elsewhere than in a Member State,
b
seeds used or to be used for research or experiment,
c
seeds used or to be used in the course of a process of selection, and
d
seeds which are marketed with a view to processing, treatment or cleaning, where the identity of the seeds is stated by the person by whom they are marketed.
3
Where a person (“the first person”) makes an arrangement under which some other person (“the second person”) uses seeds which are under the control of the first person for the purpose of —
a
increasing the first person’s stock of seeds for sowing, or
b
carrying out tests or trials thereon, and
under that arrangement the whole of the material produced from the seeds (whether directly or indirectly) and any unused seeds become or remain the property of the first person, these Regulations shall not apply to the marketing of the seeds by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of seeds produced (whether directly or indirectly) from those seeds.
Marketing of seeds
5
1
Subject to the provisions of this regulation, no person shall market any seedsunless they are seeds of plant varieties which may, for the time being, be marketed inaccordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or in parts of seed lots and unless they are —
a
Uncertified Pre-basic Seed, Pre-basic Seed, Basic Seed, or Certified Seed, or
b
seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (4), (6), (7), (8), (9), and (11) and which —
i
in the case of a small package of seeds, or a small EEC package of seeds, have been sealed in accordance with regulation 8(3), or
ii
in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or
c
seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph and which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.
2
Paragraph (1) above shall not prevent the marketing of kinds or varieties of beet included in mixtures of seeds permitted by the Fodder Plant Seeds Regulations 1993 , where each of the constituents of such mixtures to which these Regulations apply consist of seeds meeting the requirements of paragraph (1) above.
3
The Minister may, by a general licence which may impose conditions and which shall have effect during the period specified in it unless the Minister earlier revokes it, —
a
authorise any person to market as Pre-basic Seed, Basic Seed or Certified Seed, seeds which fail in some respect to satisfy the requirements for such seeds set out in Schedule 4,
b
modify the labelling requirements set out in Schedule 6,
c
authorise any person to market seeds which, notwithstanding the requirements of the Seeds (National Lists of Varieties) Regulations 1982, are of a variety not entered in a National List or in the Common Catalogue,
d
authorise any person to market seeds in respect of which an official certificate has not been issued in accordance with paragraph 1 of Schedule 2,
but in all other respects, unless expressly otherwise stated in the licence, the provisions of these Regulations shall apply in relation to the marketing of the seeds.
4
Any person may market to a person engaged in the business of trading in seeds, other than by way of retail sale, seeds which have been imported from a country other thana Member State notwithstanding that such marketing would otherwise be prohibited by virtue of paragraph (1)(c) above.
5
Notwithstanding the requirement in Part II of Schedule 4 that Basic Seed shall attain the minimum standards of germination specified in the said Schedule any person may, subject to the requirements of regulation 9(3), market as Pre-basic Seed or Basic Seed,seeds which in other respects satisfy the requirements for Basic Seed set out in the said Schedule and in respect of which an official certificate has been issued in accordance with Schedule 2 but which attain a lower percentage of germination than that specified in Schedule 4 in relation to seeds of that kind.
6
In a case where the official examination in respect of the germination of any seed lot has not been completed, but a preliminary test of germination has shown that the seeds attain the appropriate minimum standard of germination specified in Part II of Schedule 4 and the seeds in other respects satisfy the appropriate requirements of the said Schedule, the seed lot or any part of the seed lot may, subject to the requirements of paragraph (8)below and regulations 8 and 9, be marketed.In the event of any such marketing the seller of the seeds shall, upon or before delivery, provide the purchaser with a written statement that the seeds are marketed before the completion of the official germination test together with the result of the preliminary test of germination.In the event of the official germination test showing the failure of the seeds to comply with the minimum germination standard required by paragraph 3 of Part II of Schedule 4 for seeds of that kind, the seller shall provide the purchaser with the result of the completed test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.
7
The provisions of paragraph (6) above shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination has shown that the seed fails to meet the standards set out for such seed in Part II of Schedule 4.
8
A person who sells any seeds in accordance with paragraph (6) above shall make and, during a period of twelve months following the delivery of the seeds, keep available for inspection by an officer of the Minister a record of the date of such delivery, of the reference number of the seed lot delivered, of the name and address of the purchaser, of the date on which the preliminary test of germination was carried out and of the result of that test and, if appropriate, the date on which the purchaser was informed of the result of the completed official germination test.
9
Paragraphs (5) and (6) above shall not apply to seeds which have been imported from a country other than a Member State unless they have been produced directly from Pre-basic Seed or Basic Seed produced in a Member State.
10
Where seeds are sampled for the official examination referred to in paragraph 2(c) of Schedule 2 in an untreated state and are subsequently subjected to chemical treatment the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.
11
Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.
12
Seeds which have been produced from Basic Seed or Generations prior to Basic Seed which have been officially certified in the United Kingdom and which have undergone field inspections and satisfied the conditions for the appropriate category laid down in Part I of Schedule 4 may be marketed to Member states other than the United Kingdom notwithstanding that they have not been officially certified as Certified Seed. Such seed shall be packed and labelled with official labels and be accompanied by an official document complying with the conditions laid down in Schedule 6 Part IC and in accordance with the provisions laid down in regulations 8 and 9.
Official certificates
6
1
An application for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed or Certified Seed —
a
shall be made in writing to the Minister in such form and manner, and shall be accompanied by such documents, as the Minister may require, and
b
shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Minister may allow.
2
Where an application for the issue of an official certificate is made to the Minister in accordance with paragraph (1) above the Minister shall deal with the application in accordance with the provisions of Schedule 2.
3
An official certificate which has been issued by the Minister may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if —
a
the results of an official examination of the seeds in respect of which the official certificate has been issued are declared null and void in accordance with paragraph (2) of regulation 7, or
b
information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seeds regulations.
4
Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the seeds have not been officially certified.
Sampling
7
1
A sample of seeds taken for the purpose of an official examination shall be taken, subject to the payment of any fees payable under seeds regulations, by a person authorised by the Minister in that behalf and in accordance with the requirements contained in Schedule 5.
2
If a sample of seeds taken for the purposes of an official examination is found not to have been taken in accordance with the requirements of seeds regulations no, or no further, official examination shall be made of that sample, and any findings or results obtained in the course of any official examination of the sample of seeds already made shall be deemed null and void. Sealing of packages
8
1
No person shall market in accordance with regulation 5(1)(a) or (2) a package (other than a package of Uncertified Pre-basic Seed, a small package or a small EEC package) of Pre-basic Seed, Basic Seed or Certified Seed unless it has been, not later than at the time of sampling, sealed by or under the supervision of a person authorised by the Minister in that behalf in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.
2
If a package of seeds which has been sealed in accordance with paragraph (1) above or imported in accordance with regulation 5(1)(b) or (c) shall have been opened it may not be re-sealed or further re-sealed except by or under the supervision of a person authorised by the Minister in that behalf.
3
No person shall market a package of Uncertified Pre-basic Seed, a small package or a small EEC package in accordance with regulation 5(1)(a) unless it has been sealed with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re-used.
4
If a small EEC package which has been sealed in accordance with paragraph (3) above or imported in accordance with regulation 5(1)(b) shall have been opened it may not be re-sealed or further re-sealed except by or under the supervision of a person authorised by the Minister in that behalf.
Labelling of packages
9
1
Subject to paragraph (10) below, no person shall market any seeds in accordance with regulation 5(1)(a) except in a package which, not later than at the time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.
2
A package of Pre-basic Seed, a package other than a small package of Basic Seed and a package other than a small EEC package of Certified Seed shall have affixed on the outside an official label containing as appropriate to the seeds, particulars of the matters specified, and being of at least the size and of the colour also specified in Part I of Schedule 6, which shall be either an adhesive label or a label secured to the package by a sealing device approved by the Minister and shall be affixed (in either case) by or under the supervision of a person authorised by the Minister in that behalf.
3
If in accordance with regulation 5(5) a person shall market any Pre-basic Seed or Basic Seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and a supplier’s label affixed to the outside of the package shall contain a statement of the germination of the seeds together with the name and address of the seller and the reference number of the lot.
4
A package of Pre-basic Seed, a package other than a small package of Basic Seed, a package other than a small EEC package of Certified Seed, shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (2) above.The official inner label shall contain particulars of the matters specified in the items numbered 3, 5, 6, 11 and 12 in Part IB of Schedule 6; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or a tear-resistant label the official inner label referred to in this paragraph shall not be required.
5
A package of Uncertified Pre-basic Seed shall have affixed on the outside a label containing, as appropriate to the seeds, particulars of the matters specified and being of the colour also specified in Part II of Schedule 6; except that if such particulars are printed indelibly on the outside of the package, the said label shall not be required.
6
A small package of Basic Seed shall have affixed on the outside a label containing, as appropriate to the seeds, particulars of the matters specified and being of the colour also specified in Part III of Schedule 6; except that if such particulars are printed indelibly on the outside of the package, the said label shall not be required.
7
A small EEC package shall bear on the outside a supplier’s label blue in colour, or a printed notice or a stamp containing, as appropriate to the seeds, particulars of the matters specified in Part III of Schedule 6; except that if the packaging material is transparent a label of the said colour and containing the said particulars may be placed inside the package in such a manner as to be clearly legible from the outside.
8
If a package of seeds shall have been re-sealed in accordance with regulation 8(2) above this fact shall be stated on the official label together with the month and year of re-sealing and the name of the authority responsible for the re-sealing.
9
If any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either —
a
on a separate supplier’s label, or
b
on the label referred to in paragraph (2), (3), (5), or (6) above or, where such a label is not required, with the particulars otherwise given in accordance with those paragraphs,
and also, except where the label referred to in paragraph (2), (3), (5), or (6) above is not required or where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package.
10
A person may sell any seeds otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with this regulation where —
a
the seeds are sold by way of retail sale in a quantity not exceeding 2.5 kilograms, and
b
the seeds are taken, in the presence of the purchaser, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matter specified in Part IV of Schedule 6.
11
The particulars and information given in accordance with this regulation shall be given in one of the official languages of the Community.
12
Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seeds by himself or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or which is to be so affixed, contained or marked.
Civil liabilities of sellers of seed
10
1
The particulars given to a purchaser by the seller of seeds to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seeds are sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seeds, the percentage germination of the seeds, the percentage analytical purity of the seeds, the content of seeds of other plant species and the varietal identity and varietal purity of the seeds or, in the case of a mixture of seeds permitted by regulation 5(2), of each of its constituents to which these Regulations apply.
2
Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, the content of seeds of other plant species, the number of clusters with single seedlings, or the number of clusters with three or more seedlings and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 7.
3
Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, the content of seeds of other plant species, the number of clusters with a single seedling, or the number of clusters with three or more seedlings.
4
A purchaser who intends to obtain a test of seeds for the purposes of section 17(3) of the Act shall, not more than 10 days after delivery to him of the seeds, give to the seller written notice of his intention and thereupon the seller may indicate a day (not being more than 21 days after the delivery of the seeds to the purchaser) and a reasonable time on that day at which a sample of the seeds may be taken in the presence of himself or his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.
5
On the day and at the time appointed by the seller in accordance with paragraph (4)above or, if the seller shall have failed to appoint such a day and time, on a day not more than 28 days after delivery of the seeds to the purchaser, the purchaser or his representative may, and if the seller or his representative is present, shall take a sample of seeds. Such sample shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Part I of Schedule 5, each part being of at least the appropriate minimum weight specified in Part II of Schedule 5, of which one part shall be sent to the Chief Officer of an official seed testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.
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
30th July 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd August 1993
John Redwood
Secretary of State for Wales
29th July 1993


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 and shall come into force on 15th February 1993.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“the 1988 Act ” means the Local Government Finance Act 1988;
“the Administration Regulations ” means the Council Tax (Administration and Enforcement) Regulations 1992 ;
“appropriate levying body”, in relation to a billing authority, means a passenger transport authority, the Broads Authority or the National Rivers Authority, insofar as the authority has power —
to issue a levy to the billing authority, or
to issue a levy to a county council which has power to issue a precept to the billing authority;
“appropriate precepting authority”, in relation to a billing authority, means an authority which has power to issue a precept to the billing authority; and “appropriate local precepting authority” and “appropriate major precepting authority” shall be construed accordingly;
“billing authority” means an English billing authority;
“the Collection Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ;
“council tax demand notice” means a demand notice within the meaning of Part V of the Administration Regulations which is served by a billing authority;
“local precepting authority” means an authority specified in section 39(2)(c) to (e) of the Act;
“major precepting authority” has the meaning given by section 39(1) of the Act;
“rate demand notice” means a demand notice within the meaning of Part II of the Collection Regulations which is served by a billing authority (including such a notice served pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant tax”, in relation to a notice and a dwelling, means the amount (other than a nil amount) which, for the relevant year and for dwellings in the relevant valuation band, has been set by the billing authority for its area or (as the case may be) the part of its area in which the dwelling is situated;
“the relevant year”, in relation to a notice, means the financial year to which the demand for payment made by the notice relates; and
“specific grants” means grants or subsidies which fall to be credited to a revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund pursuant to section 90(1) of the 1988 Act .
3
Any reference in these Regulations to the relevant valuation band in relation to a dwelling is a reference to the valuation band shown as applicable to the dwelling —
a
in the billing authority’s valuation list; or
b
if no such list is in force —
i
except in a case to which paragraph (4) applies, in the copy of the proposed list supplied to the authority under section 22(5)(b) of the Act;
ii
in a case to which paragraph (4) applies, in information which for the purposes of this paragraph is relevant information.
4
This paragraph applies where the listing officer supplies the authority with information relating to property shown in the proposed list (including information relating to the application to such property of article 3 or 4 of the Council Tax (Chargeable Dwellings) Order 1992 ); and such information is relevant information for the purposes of paragraph (3) to the extent that it differs from information contained in the proposed list.
Application of Regulations
2
These Regulations apply in relation to council tax demand notices and rate demand notices served by an English billing authority with respect to financial years beginning on or after 1st April 1993.
Content of demand notices, etc.
3
1
Subject to paragraph (2), a council tax demand notice shall contain the matters specified in Schedule 1 hereto.
2
Without prejudice to regulation 18(2) of the Administration Regulations, a council tax demand notice which is served on a person —
a
after the end of the relevant year, and
b
at the same time as a council tax demand notice relating to another financial year not then ended is served on him,
need not contain the matter specified in paragraph 16 of Schedule 1.
3
A rate demand notice —
a
served by the Common Council, shall contain the matters mentioned in Part II of Schedule 2;
b
served by any other billing authority, shall contain the matters mentioned in Part I of that Schedule.
4
Subject to paragraph (5), a billing authority must when it serves a council tax demand notice supply to the person on whom the notice is served the information mentioned in Part I of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information mentioned in Part II of that Schedule; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
5
Paragraph (4) does not apply when a council tax demand notice or a rate demand notice is served after the end of the relevant year.
6
Nothing in this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, so as to comprise one notice.
Invalid notices
4
1
Where —
a
a council tax demand notice is invalid because it does not comply with regulation 3(1),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part V of the Administration Regulations,
the requirement to pay those amounts shall apply as if the notice were valid.
2
Where —
a
a rate demand notice is invalid because it does not comply with sub-paragraph (a) of paragraph (3) of regulation 3 or, as the case may be, sub-paragraph (b) of that paragraph,
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Collection Regulations,
the requirement to pay those amounts shall apply as if the notice were valid.
3
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1) or (2), the billing authority shall as soon as practicable after the mistake is discovered issue to the liable person or ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that a billing authority may fulfil its obligations under regulation 3 —
a
every appropriate major precepting authority other than a county council shall, subject to paragraphs (5) to (7), when it issues a precept to a billing authority for a year, supply the billing authority with the information specified in paragraph (2);
b
every appropriate major precepting authority which is a county council shall, subject to paragraphs (5) to (7), when it issues a precept as so mentioned, supply the billing authority with the information specified in paragraphs (2) and (3);
c
every appropriate local precepting authority shall, subject to paragraphs (5) to (8), when it issues a precept as so mentioned, supply the billing authority with the information specified in paragraph (4).
2
The information is information, as regards the precepting authority and the precept concerned, as to —
a
the estimates mentioned in paragraphs 1, 8 and 10 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 4, 5, 6 and 9 of that Part.
3
The information is information, as regards the county council and the precept concerned, as to —
a
the matter mentioned in paragraph 7 of Part I of Schedule 3; and
b
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and information as to whether any of it was not treated as special expenses of the council.
4
The information is information, as regards the precepting authority and the precept concerned, as to —
a
the estimate mentioned in paragraph 1 of Part I of Schedule 3; and
b
the matter mentioned in paragraph 3(1)(a) of that Part.
5
Information need not be supplied as regards the issue of a precept for a financial year beginning on or after 1st April 1994, with respect to the estimates mentioned in paragraphs 1 and 10 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
6
Information need not be supplied when a substitute precept is issued to a billing authority if it is not one which would require the billing authority to set a substitute amount or amounts under section 31 of the Act; but if in such a case the billing authority subsequently notifies the precepting authority that it has set or proposes to set an amount or amounts for its council tax by reference to the substitute precept, the precepting authority shall (subject to paragraphs (5), (7), and (8)), supply that information as regards the substitute precept as soon as practicable after that notification is given.
7
Information need not be supplied as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier precept for the first-mentioned financial year.
8
Information need not be supplied by a local precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 8 of Part III of Schedule 3, it would not fall to be supplied by the billing authority when it serves a demand notice.
Supply of information by the Secretary of State
6
1
In order that a billing authority may fulfil its obligations under regulation 3, the Secretary of State shall as soon as practicable after the House of Commons has approved the finance report for the financial year concerned notify the billing authority of —
a
the adjusted resident population of its area; and
b
the adjusted resident population of the area of each authority which, as regards the billing authority, is an appropriate major precepting authority.
2
For the purposes of paragraph (1) —
“the finance report”, in relation to a financial year, means the local government finance report for that year made by the Secretary of State under section 78A of the 1988 Act and approved by resolution of the House of Commons; and
“adjusted resident population”, in relation to an area and an authority, means the number determined by the Secretary of State for the area of that authority by reference to —
the estimate of the total resident population of the area supplied to him by the Registrar General for the purposes of the calculation of the amount to be paid to the authority by way of revenue support grant for the year in question ; and
such adjustment to that estimate as is in the opinion of the Secretary of State appropriate in consequence of any order under Part IV (changes in local government areas) of the Local Government Act 1972 which provides for the transfer, on the first day of that year, of an area from the area of one authority to that of another authority.
Supply of information by levying bodies
7
1
In order that a billing authority may fulfil its obligations under regulation 3, subject to paragraph (7) —
a
every appropriate levying body other than a passenger transport authority shall, when it first issues a levy to an English county council or a billing authority for a year, supply the billing authorities to which the county council concerned has power to issue a precept and in whose areas the body carries out functions, or (as the case may be) the billing authority to which the levy is issued, with the information specified in paragraph (5); and
b
every appropriate levying body which is a passenger transport authority shall, when it first issues a levy to a billing authority for a year, supply that authority with the information specified in paragraphs (5) and (6).
2
In order that a billing authority may fulfil the obligations mentioned in paragraph (1), subject to paragraph (7), an appropriate levying body shall, after it has first issued a levy to an English county council for a year, supply any billing authority to which paragraph (1) does not apply, but which notifies the body that it has set or proposes to set an amount or amounts of council tax by reference to the levy, with the information specified in paragraph (5).
3
In order that a billing authority may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (7) and (8), an appropriate levying body shall, after it has issued a substitute levy for a year, supply any billing authority which notifies the body that it has set or proposes to set an amount or amounts of council tax by reference to the levy, with the information specified in paragraph (5) and, where the body is a passenger transport authority, paragraph (6).
4
Information shall be supplied under paragraph (2) or (3) as soon as practicable after the notification is given.
5
The information is information, as regards the levying body and the levy concerned, as to —
a
the estimate mentioned in paragraph 2 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3(1)(d), 5 and 6 of that Part.
6
The information is information as regards the passenger transport authority and the levy concerned, as to the estimate mentioned in paragraph 10 of Part I of Schedule 3.
7
Information need not be supplied as regards the issue of a levy for a financial year beginning in or after 1994, with respect to the estimates mentioned in paragraphs 2 and 10 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
8
Information need not be supplied as regards a substitute levy for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier levy for the first-mentioned financial year.
9
The circumstances in which an amount of council tax is to be treated as set by reference to a levy for the purposes of paragraphs (2) and (3) include the setting of the amount by reference to an amount included in a precept, where the amount is attributable to a levy.
Department of the Environment
Michael Howard
One of Her Majesty’s Principal Secretaries of State
4th February 1993