text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Fishery Products) Regulations 1992 and shall come into force —
a
for the purposes of regulation 9(2) to (8) and 10, and so much of regulation 9(1) as provides conditions for the approval of vessels or establishments, on 1st January 1993;
b
for all other purposes, on 15th January 1993.
Interpretation
2
1
In these Regulations unless the context otherwise requires “ the Act ” means the Food Safety Act 1990;
“aquaculture products” means —
all fishery products born or raised in controlled conditions until placed on the market as a foodstuff, and
all seawater fish, freshwater fish or crustaceans caught in their natural environ ment when juvenile and kept until they reach the desired commercial size for human consumption, other than fish or crustaceans of commercial size caught in their natural environment and kept alive to be sold at a later date, if they are merely kept alive without any attempt being made to increase their size or weight;
“batch” means a quantity of fishery products obtained under practically identical circum stances;
“chilling” means the process of cooling fishery products to a temperature approaching that of melting ice;
“clean seawater” means seawater or briny water which is free from any microbiological contamination, harmful substances or toxic marine plankton in such quantities as may affect the health quality of fishery products, and which is used under the conditions laid down in these Regulations;
“consignment” means a quantity of fishery products bound for one or more customers in the country of destination and conveyed at any one time by a single means of transport;
“the Council Directive” means Council Directive 91/493/ EEC ( ) of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products;
“derogation” means a derogation under either the Food Safety (Fishery Products) (Derogation) Regulations 1992( ) or the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992( );
“drinking water” means water within the meaning of Council Directive 80/778/EEC ( ) (quality of water intended for human consumption);
“establishment” means any premises where fishery products are prepared, processed, chilled, frozen, packaged or stored, including auction or wholesale markets where any such preparation or processing of fishery products takes place but not such auction or wholesale markets where only display and sale by wholesale takes place;
“factory vessel” means any vessel on which fishery products undergo one or more of the following operations followed by packaging, namely, filleting, slicing, skinning, mincing, freezing or processing but does not include a fishing vessel in which only shrimps and molluscs are cooked on board or a fishing vessel on board which only freezing is carried out;
“final consumer” means a person who buys fishery products —
for his own consumption or consumption by his partner, family or other person in a solely domestic context;
for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or
for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;
“fishery products” means all seawater or freshwater animals or parts thereof, including their roes but excluding aquatic mammals, frogs and aquatic animals covered by Community Acts other than the Council Directive;
“the Fishing Vessel Directive” means Council Directive 92/48/EEC ( ) of 16th June 1992 laying down minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with Article 3(1)(a)(i) of the Council Directive;
“food authority” means an authority specified in regulation 19 as an authority which is to enforce and execute these Regulations;
“fresh products” means any fishery products, whether whole or prepared, including products packaged under vacuum or in a modified atmosphere, which have not undergone any treatment to ensure preservation other than chilling;
“frozen products” means fishery products which have undergone a freezing process;
“means of transport” means those parts of road or rail vehicles, aircraft or ships, including containers and trailers used in conjunction with any such transport, constructed or adapted for the transport of goods;
“packaging” means the procedure of protecting fishery products by a wrapper, a container or any other suitable means;
“placing on the market” means, in relation to fishery products for human consumption, the holding for sale, exposing for sale, displaying for sale, offering for sale, selling, consigning, delivering or any other associate~ ~d activity of marketing but not either a sale to a final consumer or a sale by a fisherman of a small quantity within a local market in the circumstances specified in regulation 14;
“prepared product” means any fishery product which has undergone an operation affecting its anatomical wholeness such as gutting, heading, slicing, filleting or chopping;
“preserving” means the process whereby fishery products are packaged in hermetically sealed containers and subjected to heat treatment to the extent that any micro-organisms that might proliferate are destroyed or inactivated, irrespective of the temperature at which the product is to be stored;
“processed product” means any product comprising not less than 10% by weight of fishery product, which has undergone a chemical or physical process, such as the heating, smoking, salting, dehydration or marinating of chilled or frozen products, whether or not associated with other foodstuffs, or a combination of these processes;
“the Commission” means the Commission of the European Communities.
2
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations which bears that number;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number;
c
a reference to a numbered Schedule is to the Schedule to these Regulations which bears that number.
3
In the Schedules to these Regulations —
a
a reference to the Annex is a reference to the Annex in the Council Directive; and
b
a reference to a numbered Chapter is a reference to the Chapter which bears that number in the Annex.
Placing fishery products on the market
3
No person shall place on the market any fishery products caught in their natural environment which do not meet the following requirements —
a
that they have been caught, and any operations to bleed, head, gut or remove fins, chill or freeze the products have been carried out in accordance with the requirements of the Fishing Vessel Directive;
b
if they have been handled in a factory vessel, that the vessel, if registered in a member State of the European Community, is approved pursuant to regulation 9, and is operated in accordance with the requirements of Chapter I of the Annex relating to factory vessels, as set out in the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992( );
c
that during and after landing they have been handled in accordance with the require ments of Chapter II of the Annex relating to landing, as provided for in the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992;
d
that they have been handled and, where appropriate, packaged, prepared, pro cessed, frozen, defrosted or stored hygienically in establishments approved in accordance with regulation 9 and the requirements of Chapter III of the Annex relating to general conditions for establishments on land and special conditions for handling fishery products on shore, as provided for in the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992;
e
that they shall have been the subject of the health control and monitoring described in Schedule 1 except when the food authority has authorised the transfer of fishery products ex quay into containers for immediate delivery to an approved establish ment or registered auction or wholesale market to be checked there, in which case a check on the conditions of landing is not required;
f
that they have been appropriately packaged in accordance with Schedule 2;
g
that they have been given an identification mark in accordance with Schedule 3;
h
that they have been stored and transported under satisfactory conditions of hygiene in accordance with Schedule 4.
Gutting
4
An operator having control over the timing of the gutting of a fishery product, where such gutting is possible from a technical and commercial viewpoint, shall ensure that it is carried out as soon as possible after the product has been caught or landed.
Placing aquaculture products on the market
5
1
Subject to regulation 24(1), no person shall place aquaculture products on the market which do not meet the following requirements: —
a
that they were slaughtered under appropriate conditions of hygiene and, in particular, —
i
that they are not soiled with earth, slime or faeces and
ii
if not processed immediately after slaughtered, that they are kept chilled; and
b
the requirements of regulation 3(c) to (g).
Placing processed bivalve molluscs and other shellfish on the market
6
Subject to regulation 24(1), no person shall place processed bivalve molluscs or other shellfish on the market unless —
a
prior to processing they meet the requirements of the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992; and
b
at the time of placing on the market they satisfy the requirements of regulation 3(c) to (g).
Fishery products to place live on the market
7
A person with control over the survival conditions of a fishery product which is to be placed on the market alive shall ensure that it is at all times kept under conditions most suitable for its survival.
Specified fishery products not to be placed on the market
8
No person shall place on the market any of the following:
a
poisonous fish of the following species, Tetraodontidae, Molidae, Diodontidae or Canthigasteridae;
b
fishery products containing biotoxins including ciguatera or muscle-paralysing toxins.
Approval of factory vessels, and establishments
9
1
Subject to regulation 24(2) and any derogation no person shall operate any factory vessel or establishment unless it has been approved by the relevant food authority and no such vessel or establishment shall be so approved unless —
a
the food authority is satisfied that it meets the requirements of these Regulations; or
b
the food authority is satisfied that it meets the requirements save in so far as there is in force in respect of it a derogation and the terms on which it was granted are complied with.
2
An application for approval pursuant to paragraph (1) in respect of a factory vessel or an establishment shall be made by the proprietor of the food business in the course of which fishery products are handled there and shall be —
a
in writing, and
b
accompanied by such supplementary information, documents, plans and diagrams as are necessary to enable the food authority to determine the application having regard to the matters specified in the Schedule to the Food Safety (Fishery Products) (Derogation) Regulations 1992.
3
An approval may be granted only if the food authority is satisfied in relation to the matters referred to in paragraph (2)(b).
4
An approval may be granted subject to limitations as to the particular activities approved, the method of operation approved and the intensity of use approved.
5
In every case the food authority shall notify the applicant in writing of the result of the application and in the case of a refusal the reasons for that refusal.
6
If an application is approved the food authority shall —
a
designate the establishment by a unique approval number;
b
notify the Secretary of State of the approval and the approval number allocated; and
c
in a case to which paragraph (1)(b) applies specify that the approval will expire on the date on which the derogation is due to expire.
7
Where an appeal is made to a magistrates' court or a sheriff in accordance with section 37(1)(c) of the Act as applied by regulation 18(3) the applicant may continue to operate the centre the subject of the appeal until such time as the appeal is finally determined.
8
In this regulation and in regulation 13 “relevant food authority” means —
a
in relation to an establishment, the food authority for the area in which it is situated;
b
in relation to a factory vessel, the food authority for the area which includes the place at which the vessel usually lands fishery products.
Supplementary provisions about approval
10
1
Before finally determining an application under regulation 9 a food authority, if it is minded to refuse the application shall, and in any other case where it considers it reasonable to do so may, afford to the applicant an opportunity to make oral representations, on a date within 2 months of affording the opportunity, on any matters specified in writing by the food authority which it considers relevant to its final determination.
2
Before finally determining an application a food authority may in writing request an applicant to provide supplementary written information to enable it properly to determine the application.
3
A person may at any time apply to a food authority to vary the terms or limitations of any approval granted to him, and the food authority may vary any such terms or limitations.
Obligations on proprietors of establishments and factory vessels
11
The proprietor of a food business in the course of which an establishment, a factory vessel or a market is operated shall operate the business in accordance with such of the provisions of these Regulations, and in particular with such of the provisions specified in Schedule 5, as apply to it and shall take all reasonable steps to secure compliance with those provisions by any person employed by him or any person admitted to a place where the business is undertaken.
Registration of fishing vessels on which shrimps or molluscs are processed by cooking
12
1
A person operating a fishing vessel on board which shrimps or molluscs are, for the purpose of a food business, processed by cooking shall, unless such processing is to be supplemented subsequently by cooking, comply with paragraphs (2) to (4).
2
The person operating the fishing vessel shall —
a
prior to engaging for the first time in the business of cooking, notify in writing the food authority for the area in which the fishing vessel is based of his intention to do so, and shall at the same time supply the information specified in paragraph (3); and
b
subsequently, similarly notify the food authority of any changes to the information originally supplied.
3
The information referred to in paragraph (2)(a) is —
a
the name of the vessel;
b
the usual place of landing of the fishery products;
c
the name and address of the owner of the vessel.
4
Any cooking on board of either shrimps or molluscs, or both, shall be in accordance with the requirements of point 5 of section I of Chapter III of the Annex to, and point 7 of Chapter IV of the Annex to, the Council Directive, as set out in the Schedule to the Food Safety (Fishery Products) (Derogations) Regulations 1992.
5
Each food authority shall maintain a register of all information supplied pursuant to paragraphs (2)(a) and (3).
Registration of wholesale and auction markets that are not establishments
13
1
The proprietor of a wholesale or auction market which is not an establishment for the purposes of these Regulations because fishery products are only displayed for sale or sold by wholesale there, shall apply to the relevant food authority for the market to be registered by that food authority.
2
The relevant food authority shall register a market in respect of which an application is made if it is satisfied that the market meets such of the requirements of the Council Directive as apply to it.
3
If the relevant food authority registers a market pursuant to an application made under paragraph (1) it shall —
a
designate the market by a unique registration number; and
b
notify the Secretary of State of the registration and the registration number allocated.
Sales by fishermen of small quantities of fishery products
14
1
A fisherman may sell for human consumption in any year, within the United Kingdom, to retailers or final consumers a small quantity of fishery products which he has caught.
2
For the purpose of this regulation a small quantity of fishery products means a total amount not exceeding 25 tonnes, comprising any species, but within such total the amount of any of the species listed in column (a) which are dead shall not exceed the amount for that species listed in column (b) —
Column (a) Column (b) Species Maximum amount
Oysters 5.0 tonnes King Scallops 5.0 tonnes Queen Scallops 10.0 tonnes Mussels 20.0 tonnes Marine Gastropods 20.0 tonnes Other Bivalve Molluscs 10.0 tonnes
Functions of Ministers and food authorities
15
1
The Ministers and food authorities shall perform any functions assigned to them by Schedule 1 or Schedule 5.
2
Without prejudice to the generality of the powers of the Ministers to direct a food authority in relation to the exercise of any function by that food authority, the Ministers may in particular specify the frequency of the exercise of any such function.
Offences and penalties
16
1
If any person contravenes any provision of these regulations specified in paragraph (2) he shall be guilty of an offence against these Regulations.
2
The provisions of these Regulations referred to in paragraph (1) are regulations 3, 4, 5, 6, 7, 8, 9(1), 11, 12(1) and 13(1).
3
Any person guilty of an offence against these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
False information
17
Any person who for any purpose connected with these Regulations furnishes infor mation which he knows to be false shall be guilty of an offence triable summarily and be liable on conviction to a fine not exceeding the statutory maximum.
Application of Provisions of the Act
18
1
The following provisions of the Act shall apply for the purposes of the Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act and unless the context otherwise requires a reference in them to the Act shall be construed as a reference to these Regulations:
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 32 (powers of entry);
section 33 (obstruction etc of officers);
section 34 (time limit for prosecutions);
section 36 (offences by body corporate).
2
Section 6(3) of the Act (discharge of duties of food authorities by Ministers) shall apply as respects functions conferred on food authorities by these Regulations as it does as respects a duty imposed on a food authority by section 6(2) of the Act.
3
Section 37(1)(c) of the Act (appeals to magistrates' court or sheriff) shall apply in relation to a decision to refuse, vary or grant subject to limitations an approval applied for under regulation 9 as it does to a decision to refuse, cancel, suspend or vary a licence required by Regulations under Part II of the Act.
Enforcement and execution
19
1
Subject to paragraph (2), these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects each islands or district in Scotland, by the islands or district council; and
d
as respects the Isles of Scilly by the Council of the Isles of Scilly.
2
Where any functions are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984( ) to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897( ) to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).
Amendment of Regulations providing for derogations
20
The Food Safety (Fishery Products) (Derogations) Regulations 1992 shall be amended the omission of regulations 3 and 4.
Amendment of the Food Hygiene (Docks, Carriers etc) Regulations 1960
21
1
In regulation 4 (premises and places to which the Regulations apply) of the Food Hygiene (Docks, Carriers etc) Regulations 1960( ) there shall be inserted at the beginning the words “Subject to regulation 4A,”.
2
After regulation 4 of those Regulations there shall be inserted the following regulation: —
Exceptions for premises and places where fishery products are handled
4A
Regulations 6, 9 and 11 to 23 of these Regulations shall not apply to and establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which is subject to the requirements of regulation 9 of those Regula tions.
.
Amendment of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966
22
After regulation 2 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966( ) there shall be inserted the following regulation: —
Places where fishery products are handled
2A
These Regulations shall not apply to an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which is subject to the requirements of regulation 9 of those Regulations, or to the handling there of any fishery products within the meaning of those Regulations.
.
Amendment of the Food Hygiene (General) Regulations 1970
23
1
After regulation 3 of the Food Hygiene (General) Regulations 1970 there shall be inserted the following regulation —
Exception for premises where fishery products are handled
3A
Regulations 7, 8 and 10 to 26 shall not apply to an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which is subject to the requirements of regulation 9 of these Regulations, or to the handling there of any fishery products within the meaning of those Regulations.
.
2
In regulation 27(2) (temperatures at which certain foods are to be kept) of the Food Hygiene (General) Regulations 1970 there shall be inserted after sub-paragraph (b), the following sub-paragraph —
bb
cooked and chilled crustacean or molluscan shellfish products;
.
Transitional provisions
24
1
In so far as any provision of regulation 3, 5 or 6 imposes a requirement in relation to the catching, preparation, processing, handling or any other activity carried out in respect of a fishery product prior to its being placed on the market that requirement shall be treated as applying only in relation to any such activity taking place on or after 15th January 1993.
2
Until 1st January 1994 a person who has applied for approval in accordance with regulation 9 may continue to operate the factory vessel or establishment the subject of the application until such time as the application is finally determined by the food authority, provided it was operating at any time during the year ending on the 14th January 1993 and it is not prohibited from operating by reason of any other legal requirement.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
10th December 1992
David Hunt
Secretary of State for Wales
10th December 1992
Hector Monro
Parliamentary Under-Secretary of State,
Scotish Office
11th December 1992


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Bass (Specified Areas) (Prohibition of Fishing) (Variation) Order 1992 and shall come into force on 29th December 1992.
Variation of the Bass (Specified Areas) (Prohibition of Fishing) Order 1990
2
In column 1 of the Schedule to the Bass (Specified Areas) (Prohibition of Fishing) Order 1990 for the words “3 cables” in the description of the Fawley Power Station area there shall be substituted the words “556 metres”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th November 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
26th November 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
1st December 1992
Patrick Mayhew
Secretary of State for Northern Ireland
26th November 1992


text:
Citation and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Loch Lomond) Designation Order 1992 and shall come into force on 3rd September 1992.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as regards land in the area designated by article 3;
“amenity woodland” means woodland planted and maintained primarily for improvment of the landscape;
“conservation plan” means a layout plan (or plans) which categorises all the land on the farm, identifies areas subject to specific management measures and indicates the lines or sites of features to be protected or maintained and an attached (written) statement which outlines the specific management measures to be taken to protect or enhance the areas identified in the plan (or plans);
“enclosed land” means agricultural land enclosed by fences, hedges, walls or dykes for the closely controlled grazing of livestock, cropping or the maintenance of farm woodland;
“farm business” means a business or part of a business which engages in agricultural production for the purposes of trade;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Secretary of State;
“grazing plan” means a written description of the time, duration and density at which livestock will be permitted access to grazing land and the action required to achieve such access;
“herb rich unimproved pasture and grassland” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing, but which is floristically diverse;
“long-standing reverted improved land” means land, previously improved by agricultural management operations which, from an agricultural viewpoint, has degenerated over many years and is now showing significant presence of plant species indicative of unimproved grassland;
“make muirburn” has the same meaning as in section 39(1)(f) of the Hill Farming Act 1946( );
“native woodland” means self-seeded woodland of native species or woodland derived from an originally naturally occurring woodland;
“overgrazing” means a deterioration in the condition of heather and/or other dwarf shrubs associated with moorland vegetation which has been caused by too high a level of grazing either throughout the whole year or at certain vulnerable times of the year;
“regeneration” means the perpetuation of vegetation through self-seeding or vegetation growth;
“rough grazings” means heathland or moorland used for grazing purposes;
“scrub” means low growing woody vegetation;
“stone fanks” means small enclosures formed by drystane dykes used to gather or shelter stock;
“unimproved pasture” means land used for grazing or mowing which is not normally treated with mineral fertiliser or lime and does not constitute rough grazing;
“water margins” means an area of ground bordering an area of still or flowing water;
“wetlands” means any ground which is normally saturated with water.
2
Any reference in this Order to a numbered article shall be construed as a reference to the article bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area that area of Loch Lomond partly within the Killin and Stirling Districts of Central Region and partly within the Dumbarton District of Strathclyde Region, and located at the southern extremity of the Highlands stretching from Balloch in the South to Glenfalloch in the North and which area is shown delineated red and coloured pink on the map marked “Environmentally Sensitive Area Loch Lomond ” dated 16th July 1992 and signed on behalf of the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Requirements to be included in agreement
4
An agreement shall include the requirements specified in the Schedule to this Order as to agricultural practices, methods and operations and the installation and use of equipment.
Provisions as to breach of requirements to be included in agreement
5
An agreement shall include provision that —
a
in the event of a breach by the farmer of the requirements referred to in article 4, the Secretary of State may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer an amount equivalent to the payments made by the Secretary of State under the agreement or such part thereof as the Secretary of State may specify; and
b
any question arising under an agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbiter to be agreed between the parties, or in default of agreement to be appointed by the Chairman for the time being of the Scottish Branch of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration (Scotland) Act 1894( ) or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
6
1
Subject to paragraph (2) below, payments made by the Secretary of State under an agreement shall be either at the rate of £15 per annum per hectare of enclosed land, with an additional payment of £1.50 per annum for each hectare of other land to which the agreement relates, or at the rate of £2,000 per annum per individual farm business, whichever is the lower.
2
Payments in respect of farm businesses to which an agreement relates shall be at the rate of not less than £250 per annum per farm business.
7
Where an agreement identifies expenditure required to undertake additional farming operations specified in paragraph 10(b) of the Schedule to this Order, the Secretary of State shall make additional payments according to the farming operations to be carried out. Such payments shall be at a rate to be determined by the Secretary of State, up to a maximum rate of £130 per annum for each hectare of land to which the agreement relates, or at the rate of £4,000 per annum per individual farm business whichever is the lower.
8
The Environmentally Sensitive Areas (Loch Lomond) Designation Order 1987( ), and the Environmentally Sensitive Areas (Loch Lomond) Designation (Amendment) Order 1988( ) are hereby revoked, save that their provisions shall continue to apply to agreements made on or before 31st July 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
16th July 1992
We consent,
T J R Wood
T E Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1992


text:
Citation and commencement
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No.4) Order 1992 and shall come into force on 19th October 1992.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on whcih train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in Schedule to this Order
2
Save as it is mentioned in paragraph (3) below, sections 4 to 9 of the Act shall not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in the Scedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to any part of a train service provided by the Board on the lines so specified where that service commences at a station on the line which —
a
is specified in Part I of the Schedule to any other activating order, and
b
is connected either directly, or by another line or lines of the description in sub-paragraph (a) above which are so connected, with a line specified in the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
3
The British Railways (Penalty Fares) Act 1989 (Activating No.1) Order 1990 is hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minsiter of State,
Department of Transport
17th September 1992


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.9) (Miscellaneous) 1992 and shall come into force on 12th October 1992.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
For Section 10 of Chapter II (rules 131, 132, 133, and 134) substitute the following Section and rules: —
SECTION 10 disposal of awards of money payable to children
Order for payment and management of money
131
1
In this section, “child” means a person under the age of 16 years.
2
In any action where a sum of money becomes payable, by virtue of a decree or an extra-judicial settlement, to or for the benefit of a child, the court shall make such order regarding the payment and management of that sum for the benefit of the child as it considers appropriate.
3
An order under paragraph (2) shall be made upon the granting of decree for payment or of absolvitor.
Modes of disposal
132
Subject to the generality of paragraph (2) of rule 131, the court may, in an order under that paragraph —
a
appoint a judicial factor to apply, invest, or otherwise deal with the money for the benefit of the child;
b
order the money to be paid to an appropriate sheriff clerk or to the Accountant of Court to be applied, invested, or otherwise dealt with, under the directions of the court, for the benefit of the child;
c
order the money to be paid to a guardian of the child to be applied, invested, or otherwise dealt with, under the directions of the court, for the benefit of the child; or
d
order the money to be paid directly to the child.
.
3
For rule 288 (Social Security Acts), substitute the following rule: —
Social Security Acts
288
1
Subject to the provisions of this rule, Rules 276 to 280 shall apply to —
a
a reference to the court by the Secretary of State under section 18(1) of the Social Security Administration Act 1992 ;
b
an appeal to the court by an aggrieved person under section 18(3) of that Act;
c
a reference to the court by the Occupational Pensions Board under section 86 of the Social Security Act 1973 as amended by the Social Security Pensions Act 1975 ; and
d
an appeal to the court by an aggrieved person under the said section 86.
2
An aggrieved person who wishes to appeal under this rule shall, within 28 days of —
a
receiving notice of the decision against which he wishes to appeal; or
b
receiving from the Secretary of State a statement of the grounds of the decision in accordance with the Social Security (Adjudication) Regulations 1986 ,
require by written notice the Secretary of State or Occupational Pensions Board, as the case may be, to state a case.
3
An aggrieved person shall intimate a copy of the notice under paragraph (2) to any other party to the proceedings in which the decision appealed against was made.
4
Where the Secretary of State or Occupational Pensions Board is required to state a case he or it, as the case may be, shall proceed to prepare a draft of the case and intimate it by registered or recorded delivery post to the aggrieved person or, as the case may be, to the other parties to the case.
.
4
In rule 293B (Appeals from Social Security Commissioners) —
a
in paragraph (1) for the words “section 14 of the Social Security Act 1980 ” substitute the words “section 24 of the Social Security Administration Act 1992”;
b
in paragraphs (5) and (6) for the words “section 14” substitute the words “section 24”.
J.A.D. Hope
Lord President, IPD
Edinburgh,
17th September 1992


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Rules may be cited as the Patents (Supplementary Protection Certificate for Medicinal Products) Rules 1992 and shall come into force on 2nd January 1993.
2
These Rules extend to Great Britain and Northern Ireland.
Interpretation
2
1
In these Rules —
“ basic 1977 Act ” means the Patents Act 1977;
“the patent” has the meaning assigned to it by paragraph (c) of Article 1 of the EC Regulation ;
“certificate” has the meaning assigned to it in paragraph (d) of Article 1 of the EC Regulation;
“the comptroller” and “the journal” have the same meanings as they have in the 1977 Act ;
“the court” has the same meaning as it has in the 1977 Act; and
“the EC Regulation” means Council Regulation ( EEC ) No. 1768/92 of 18th June 1992 concerning the creation of a supplementary protection certificate for medicinal products, the English language version of which is set out in Schedule 1 to these Rules , and any reference in these Rules to an Article followed by a number is a reference to the Article so numbered in the EC Regulation; and
“register of patents” means the register of patents maintained pursuant to section 32 of the 1977 Act.
2
Subject to paragraph (3), the forms of which the use is required by these Rules are those set out in Schedule 2 to these Rules.
3
A requirement under these Rules to use such a form is satisfied by the use either of a replica of that form or of a form which is acceptable to the comptroller and contains the information required by the form set out in Schedule 2 to these Rules.
4
The fees to be paid in respect of any matter arising under these Rules shall be those (if any) prescribed in relation to such matter in Schedule 4 to these Rules; and any reference to “prescribed fee” and “fees” in these Rules shall be construed accordingly.
PART II
PROVISIONS RELATING TO ARTICLES 4 TO 18 OF THE EC REGULATION
Application and fee in respect of application (Article 8 and 9(1))
3
1
The application for a certificate shall be —
a
subject to the payment to the Patent Office of a prescribed fee; and
b
lodged with the Patent Office accompanied by the prescribed fee.
2
A request for the grant of a certificate shall be made on Form SP1.
Certificate of grant (Article 10)
4
A certificate shall be in the form set out in Schedule 3 to these Rules.
Fees in respect of effective period of certificate (Article 12)
5
1
A reference in this rule to —
a
“due date” means the date on which a certificate, subject to the requirement to pay fees, would take effect at the end of the lawful term of the basic patent; and
b
“maximum period” means the maximum possible period of duration of a certificate as determined in accordance with Article 13.
2
A certificate shall not take effect, and its actual duration shall not be determined, until payment is made of the fees prescribed in accordance with paragraphs (3) to (10) below.
3
Subject to paragraph (9), the amount of fees payable in order for a certificate to take effect in respect of any period (“the appropriate fees”) shall be the amount calculated by reference to the length of the maximum period, less, if any, such period deducted from the end of the maximum period during which it is desired by the holder of a certificate that the certificate shall not have effect, the resulting period, whether reduced from the maximum period or not, being referred to hereafter as the “effective period”.
4
The appropriate fees payable in respect of any effective period shall be the cumulative amount of fees prescribed —
a
by reference to the successive twelve month periods of which an effective period is made up (any period of less than twelve months being treated as a twelve month period of which that lesser period forms part); the first such period shall commence on the due date (“the first year”); the second shall commence immediately upon expiry of the first (“the second year”), with corresponding provision in respect of each successive year up to a maximum of five years (“the fifth year”) which years shall be referred to herein generally as “effective years”, and
b
in respect of each of the effective years, by the prescribed fees in force —
i
where payment is made before the due date, on the date on which payment is made;
ii
in any other case, on the due date.
5
Subject to paragraphs (7) and (9), the appropriate fees in respect of an effective period shall be paid not later than the due date but may not be paid earlier than three months preceding the due date.
6
Without prejudice to the provisions of paragraphs (2) and (5), the comptroller shall write to the holder of a certificate not later than two months before the due date —
a
notifying him of the due date;
b
indicating the prescribed fees applicable in respect of each of the effective years of which the maximum period of the certificate is made up; and
c
specifying the period within which fees must be paid to the Patent Office in order for the certificate to take effect;
and the holder of the certificate shall, within the period specified under paragraph (c), notify the Patent Office on Form SP2 of the effective period of the certificate, which notification shall be accompanied by the appropriate fees payable in respect of that period.
7
Where a certificate is granted later than three months before the end of the lawful term of the basic patent, the provisions of paragraphs (5) and (6) shall be modified as follows —
a
the due date for the purposes of payment of the appropriate fees shall be the date three months after the date of grant of the certificate; and
b
the comptroller shall write to the applicant for the certificate in the terms prescribed by paragraph (6), subject to subparagraph (a) of this paragraph, on the date on which he notifies him of the grant thereof.
8
Where the effective period is less than the maximum period of the certificate it shall not subsequently be extended.
9
Where the period for payment of fees under paragraph (5) or (7), as the case may be, has expired —
a
the comptroller shall, not later than six weeks after the applicable due date and if the fees remain unpaid, notify the holder of the certificate —
i
that the fees remain unpaid; and
ii
of the consequences of non-payment; and
iii
of the provisions of subparagraph (b);
b
the holder, subject to the payment within a period of six months after the applicable due date of the unpaid fees and an additional late payment fee of an amount equal to one half of the amount of the unpaid fees, shall be treated as having paid the fees on the applicable due date.
10
The notices under paragraphs (6) and (9) of this rule shall be sent by the comptroller to —
a
the address for service furnished in writing by the applicant for a certificate or any address replacing it, and,
b
in relation to the basic patent in respect of which the certificate is granted, where it differs from the address referred to in subparagraph (a),
i
the address in the United Kingdom to which any renewal reminder is to be sent as specified by the proprietor on payment of the last renewal fee or any address replacing it, or
ii
where no such address is specified, the address for service (if any) entered in the register of patents.
6
If the certificate is surrendered or declared invalid on or with effect from a date earlier (“the earlier date”) than the date of expiry of the effective period, where the appropriate fees in respect of that period have been paid, the comptroller shall remit the fee paid in respect of any effective year which falls after the end of the effective year (if any) into which the earlier date falls.
Declaration of lapse or invalidity of certificate (Articles 14(d) and 15(1)(a) and (c))
7
1
On the application of any person, the comptroller may, as the case may be, declare —
a
that a certificate has lapsed on the ground set out in Article 14(d); or
b
that the ground for lapse under Article 14(d) no longer exists.
2
The court or the comptroller may declare that a certificate is invalid in accordance with the provisions of Article 15.
3
An application to the comptroller for a declaration under paragraph (1)(a) or paragraph (2) shall be made on Form SP3 and shall be accompanied by a copy thereof and a statement in duplicate setting out fully the facts upon which the applicant relies and the relief which he seeks.
4
The comptroller shall send a copy of the application and the statement to the holder of the certificate.
5
Within the period of two months beginning on the date on which such copies are sent to him, the holder of the certificate shall, if he wishes to contest the application, file a counter-statement in duplicate at the Patent Office setting out fully the grounds on which the application is contested; and the comptroller shall send a copy of the counter-statement to the applicant.
6
No further statement or counter-statement shall be served by either party without the leave or direction of the comptroller.
7
The comptroller may give such directions as he may think fit with regard to the subsequent procedure.
8
If it appears to the comptroller that a certificate has lapsed in accordance with Article 14(d) he may on his own initiative declare that the certificate has lapsed but shall not do so without giving the holder of the certificate notice of his intention to make such a declaration and affording him an opportunity to make representations within two months of the date of the notice.
Forms for use in connection with certificates and applications for certificates (Article 18(1))
9
Those forms of which use is required by any provision of the 1977 Act or any rules made thereunder in relation to patents or applications for patents, except where replaced by the forms set out in Schedule 2 to these Rules, shall also be used, with the necessary changes, in the corresponding circumstances in relation to certificates or applications for certificates.
Publication of: application, grant of certificate, rejection of application, declaration of lapse or of invalidity or of termination of grounds of lapse of certificate (Articles 9(2), 11(1) and (2) and 16)
10
Notification of —
a
the application for a certificate;
b
the fact that a certificate has been granted;
c
the fact that the application for a certificate has been rejected;
d
lapse of a certificate;
e
invalidity of a certificate;
f
termination of grounds for lapse of a certificate under Article 14(d),
shall be published by the comptroller in the journal.
E. Leigh
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
10th December 1992
We consent to the making of these Rules.
Patrick Irvine
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 1992


text:
1
These Rules may be cited as the Copyright Tribunal (Amendment) Rules 1992 and shall come into force on 27th March 1992.
2
Rule 50A of the Copyright Tribunal Rules 1989 is hereby revoked.
Mackay of Clashfern, C.
3rd March 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust (Change of Name) Order 1992 and shall come into force on 9th June 1992.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust (Establishment) Order 1991 ; and
“the trust” means the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Royal Cornwall Hospitals National Health Service Trust instead of the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust and accordingly in the definition of “the trust” in article 1(2) and in article 2 of the Order the words “and West Cornwall Hospital” shall be deleted.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
2nd June 1992


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1992 and shall come into force on 31st December 1992 immediately after the Road Vehicles (Construction Use) (Amendment) (No. 5) Regulations 1992 come into force.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments related to exhaust emissions
3
1
Regulation 61 shall be amended as follows.
2
In paragraph (4)(b)(ii), after the words “31st December 1992” there shall be inserted the words “, or in a case where the vehicle is a vehicle to which Part III of Schedule 1B of the Type Approval (Great Britain) Regulations applies,”.
3
In paragraph (7), before “(8)” there shall be inserted “(7A),”.
4
After paragraph (7), there shall be inserted the following paragraph —
7A
In relation to a vehicle to which Part III of Schedule 1B of the Type Approval (Great Britain) Regulations applies, item 8 of Table II shall have effect as if for the entry in column (3) there were substituted “31st December 1993”.
Signed by authority of the Secretary of State for Transport
Kenneth Carlisle
Parliamentary Under Secretary of State,
Department of Transport
19th November 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Small Schools) Order 1992 and shall come into force on 1st August 1992.
2
In this Order —
“ the Act ” means the Local Government Act 1988;
“the relevant exemption order” in relation to an authority in England means the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 , and in relation to an authority in Wales means the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988 ;
“relevant work” means work which would, but for this Order, fall within either of the defined activities mentioned in paragraphs (b) (cleaning of buildings) or (f) (maintenance of ground) of section 2(2) of the Act;
and for the purposes of this Order a full-time employee is an employee whose average weekly working hours (including any overtime worked) over the year do not exceed the standard working week for a full-time employee as specified for the time being by the National Joint Council for Local Authorities' Services (Manual Workers).
Exemption
2
Subject to article 4, relevant work carried out by a local education authority in any financial year shall not be treated as a defined activity so long as each of the conditions set out in article 3 is fulfilled.
The conditions
3
1
The first condition is that the relevant work is carried out on the premises of a school conducted by a governing body to whom the authority have for the time being delegated the management of the school’s budget share in accordance with Chapter III of Part I of the Education Reform Act 1988 .
2
The second condition is that, before the beginning of the financial year in question, the authority have estimated that not more than the equivalent of three full-time employees will be required to carry out, on the premises of that school and in that year —
a
any relevant work; and
b
any work which would be relevant work were it not for section 2(6) of the Act or article 4 of the relevant exemption order.
3
The third condition is that the authority have made the estimate referred to in paragraph (2), and after having regard to —
a
the advice of the governing body of the school concerned; and
b
the number of persons required to carry out the relevant work concerned in previous years.
Transitional
4
In relation to relevant work carried out in the financial year beginning in 1992, this Order shall have effect as if, in article 3(2) —
a
for the words “before the beginning of the financial year in question” there were substituted the words “before the work is treated by virtue of this Order as not being a defined activity”; and
b
for the words “in that year” there were substituted the words “in the financial year beginning in 1993”.
Michael Howard
Secretary of State for the Environment
3rd July 1992
David Hunt
Secretary of State for Wales
3rd July 1992


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1992.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1991 is revoked.
2
For Schedule 2 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN LUXEMBOURG 20TH MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
Austria — 1st August 1986 Belgium — 1st August 1986 Cyprus — 1st October 1986 Denmark — 1st August 1991 France — 1st August 1986 Germany — 1st February 1991 The Republic of Ireland — 1st October 1991 Luxembourg — 1st August 1986 Netherlands — 1st September 1990 Norway — 1st May 1989 Portugal — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 Switzerland — 1st August 1986
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations, which extend to Great Britain, may be cited as the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) (Amendment) Regulations 1992, and shall come into force on 1st April 1992.
2
The Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 are hereby amended as follows: —
a
in regulation 2(1) at the end of the definition of “Special Directive”, there shall be added “as amended by Commission Directive 89/514/ EEC ”;
b
in the proviso to regulation 5(3), for “the date that the Special Directive entered into force” there shall be substituted “29th December 1988”.
Reay
Parliamentary Under Secretary of State for Industry and Technology,
Department of Trade and Industry
4th March 1992