text:
Conduct of Elections at Annual Meetings
1
1
In rule 10, at the end of paragraph (9) there shall be added–
Thereafter the secretary of the parochial church council shall hold a list of the names and addresses of the members of the council which shall be available for inspection on reasonable notice being given by any person who either is resident in the parish or has his name on the electoral roll, but the secretary shall not be bound to provide a copy of such list.
2
In rule 10, for paragraph (10) there shall be substituted–
10
Names and addresses, of parochial representatives of the laity elected to the deanery synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules and to the secretary of the deanery synod.
.
3
In rule 10A after paragraph (1) there shall be inserted–
2
The annual meeting may make a scheme which provides that any person entitled to attend the annual meeting and vote in the elections of parochial representatives of the laity to the parochial church council or to the deanery synod or to both that council and that synod may make application in the form set out in section 4A of Appendix I for a postal vote.
3
Where applications for postal votes have been received by the date specified in the notice convening the annual meeting and where the number of candidates nominated for an election referred to in paragraph (2) of this rule is greater than the number of seats to be filled, the annual meeting shall appoint a presiding officer who shall not be a candidate in the election. Voting papers shall be distributed to each person present at the meeting entitled to vote and completed papers shall be returned into the custody of the presiding officer before the close of the meeting. The presiding officer shall ensure that persons who have made application for a postal vote shall be sent or have delivered a voting paper within 48 hours of the close of the meeting such paper to be returned to the presiding officer within such period of not less than 7 days nor more than 14 days from the date of the meeting as the presiding officer shall specify.
And the existing paragraph (2) shall be re-numbered (4).
4
In rule 10A in paragraph (4) as renumbered at the end of the paragraph there shall be inserted–
and, if the determination is that the scheme should not come into operation, the reasons for that determination in writing.
Parochial Church Council
2
In rule 12 in paragraph (1)(g) after the words “this paragraph” there shall be inserted the words “or two persons whichever shall be the greater,”.
Parishes with more than one place of worship
3
In rule 16, after paragraph (5) there shall be inserted–
5A
A special parochial church meeting of a parish to which this rule applies may be convened for the purpose of deciding whether to make such a scheme, and where such a meeting is convened the foregoing provisions shall have effect with the substitution for references to the annual meeting of references to the special meeting.
Team Councils
4
1
In rule 17A, in paragraph 1(c) at the end there shall be inserted–
as may be so specified
2
In rule 17A, in paragraph (2) for the words “paragraph 3(7)” there shall be substituted the words “paragraph 4(3)”.
Special and Extraordinary Meetings
5
For rule 18 there shall be substituted–
SPECIAL MEETINGS
18
1
In addition to the annual meeting the minister of a parish may convene a special parochial church meeting, and he shall do so on a written representation by not less than one-third of the lay members of the parochial church council; and the provisions of these rules relating to the convening and conduct of the annual meeting shall, with the necessary modifications, apply to a special parochial church meeting.
2
All lay persons whose names are entered on the roll of the parish on the day which is twenty-one clear days before the date on which any special parochial church meeting is to be held shall be entitled to attend the meeting and to take part in its proceedings, and no other lay person shall be so entitled.
3
A clerk in Holy Orders shall be entitled to attend any such meeting and to take part in its proceedings if by virtue of rule 5(3), (4) or (5) he would have been entitled to attend the annual meeting of the parish had it been held on the same date, and no other such clerk shall be so entitled.
EXTRAORDINARY MEETINGS
18A
1
On a written representation made to the archdeacon by not less than one-third of the lay members of the parochial church council, or by one tenth of the persons whose names are on the roll of the parish, and deemed by the archdeacon to have been made with sufficient cause, the archdeacon shall convene an extraordinary meeting of the parochial church council or an extraordinary parochial church meeting, and shall either take the chair himself or shall appoint a chairman to preside. The chairman, not being otherwise entitled to attend such meeting, shall not be entitled to vote upon any resolution before the meeting.
2
In any case where the archdeacon is himself the minister, any representation under paragraph (1) of this rule shall be made to the bishop, and in any such case the references to the archdeacon in paragraph (1) of this rule shall be construed as references to the bishop, or to a person appointed by him to act on his behalf.
3
Paragraphs (2) and (3) of rule 18 shall apply in relation to an extraordinary parochial church meeting under this rule as they apply in relation to a special parochial church meeting under that rule with the modification that for the word “special” in paragraph (2) there shall be substituted the word “extraordinary”.
Membership (Deanery Synods)
6
1
In rule 19 after paragraph (2B) there shall be inserted –
2C
Not later than 1st July following the election of parochial representatives of the laity to the deanery synod the secretary of the said synod shall send to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules a list of the names and addresses of the members of the house of clergy, specifying the class of membership, and shall keep the said officer informed of subsequent changes in membership.
2
In rule 19, in paragraph (4) at the end there shall be inserted –
The names and addresses of co-opted members shall be sent by the secretary of the deanery synod to the diocesan electoral registration officer appointed in accordance with rule 23A of these rules.
Diocesan Electoral Registration Officer
7
After rule 23 there shall be inserted–
Diocesan Electoral Registration Officer
23A
In every diocese, there shall be a diocesan electoral registration officer who shall be appointed by the bishop’s council and standing committee of the diocesan synod and who shall record the names and addresses of all members of the House of Clergy and House of Laity of the deanery synods in the diocese in two registers (in these rules respectively referred to as “the register of clerical electors” and “the register of lay electors”); the members co-opted to the house shall be listed separately in the appropriate register.
Elections of Members of Diocesan Synods by Deanery Synods
8
1
In rule 25, in paragraph (2) leave out the words “the members of that house” and insert the words “those whose names and addresses are recorded in the register of clerical electors”.
2
In rule 25, in paragraph (3) leave out the words “the members of that house” and insert the words “those whose names and addresses are recorded in the register of lay electors”.
3
In rule 25, after paragraph (3) there shall be inserted–
3A
The qualifying date for electors under paragraphs (2) and (3) of this rule and when a casual vacancy is being filled shall be 6.00 a.m. on the date on which the nomination papers are issued.
3B
The register of clerical electors and the register of lay electors shall be open to inspection at the diocesan office and any errors and omissions in the list may be corrected until the close of nominations. Thereafter no names may be added or removed until the declaration of the result of the election and those persons whose names are entered in the register shall be the qualified electors entitled to vote in that election.
Presiding Officers
9
1
In rule 26, for paragraphs (1) and (2) there shall be substituted–
1
Elections of members of the diocesan synod by the houses of the deanery synods shall be completed by the 15th day of July, the period and dates of the election being fixed by the bishop of the diocese and communicated to the secretaries of the deanery synods.
2
The bishop shall appoint the presiding officers for the elections by the houses of the deanery synods, provided that no person shall be appointed as a presiding officer for an election by a house of a deanery synod of which he is a member. The expenses of elections shall be paid out of diocesan funds.
2A
The diocesan electoral registration officer shall furnish the presiding officer with the names and addresses of the qualified electors and the presiding officer shall ensure that the persons qualified to nominate and vote in elections to the diocesan synod, and only such persons, shall be sent or given nomination and voting papers in respect of the said election at the address entered against their names in the register of electors.
2
In rule 26, in paragraph (3) the words “not earlier than 1st May in each election year” shall be omitted.
3
In rule 26, after paragraph (3) there shall be inserted–
3A
It shall be the duty of the presiding officer within seven days of receiving a written request from a duly nominated candidate in the election to supply free of charge to that candidate one copy of the names and addresses of the qualified electors.
Members of House of Laity of General Synod
10
In rule 29, after paragraph (3) there shall be inserted–
4
The qualifying date for lay members of religious communities under paragraph (1)(b) of this rule and for diocesan electors under paragraphs (2) and (3) of this rule shall be 6.00 a.m. on the date of the dissolution of the General Synod, save that when a casual vacancy is being filled, the qualifying date shall be 6.00 a.m. on the date on which the nomination papers are issued.
5
The register of lay electors shall be open to inspection at the diocesan office and any errors and omissions in the list may be corrected until the close of nominations. Thereafter no names may be added or removed until the declaration of the result of the election and those persons whose names are entered in the register shall be the qualified electors entitled to vote in that election.
Conduct of Elections
11
1
In rule 33, after paragraph (2) there shall be inserted–
2A
The diocesan electoral registration officer shall furnish the presiding officer with the names and addresses of the qualified electors and the presiding officer shall ensure that the persons qualified to nominate and vote in elections to the General Synod, and only such persons, shall be sent or given nomination and voting papers in respect of the said election at the address entered against their name in the register of lay electors.
2
In rule 33, after paragraph (3) there shall be inserted–
3A
It shall be the duty of the presiding officer within seven days of receiving a written request from a duly nominated candidate in the election to supply free of charge to that candidate the copy of the register of lay electors.
3B
It shall be the duty of the presiding officer in any election under these rules to seek to ensure that during the period beginning on the date on which nominations are invited and ending on the last date for the return of voting papers, no papers or other literature are circulated to the electors by him or by or under authority of the diocesan synod or any deanery synod save election addresses prepared by the candidates under paragraph (3) above and such material relating exclusively either to the conduct of the election or to the business of the diocesan synod or any deanery synod as the presiding officer shall personally have approved.
3
In rule 33, in paragraph (4) at the beginning there shall be inserted the words “Subject to rule 41A,”.
4
In rule 33, in paragraph (5) for the word “notice” there shall be substituted the words “not less than seven days notice in writing.”
5
In rule 33, for paragraph (6) there shall be substituted–
6
a
A full return of the result of any election and of the result sheet shall be sent by the presiding officer within ten days of the declaration of the result to the Chairman and Vice-Chairman of the House of Laity of the General Synod and to the Secretary-General of the General Synod and to every candidate in the election.
b
The result sheet shall be publicly displayed in the diocesan office in such manner as the bishop may approve and at the General Synod office until the end of the first group of sessions of the new Synod as the Secretary-General may direct. For the purposes of this rule the person who held the office of Chairman or Vice-Chairman immediately before dissolution shall be deemed to hold that office if he has been re-elected to the General Synod.
Appeals
12
For rule 36 there shall be substituted–
ENROLMENT APPEALS
36
1
There shall be a right of appeal with regard to–
a
any enrolment, or refusal of enrolment, on the roll of a parish or the registers of lay or clerical electors;
b
the removal of any name, or the refusal to remove any name, from the roll of a parish or the registers of lay or clerical electors.
2
The following persons shall have a right of appeal under this rule–
a
a person who is refused enrolment on the roll or register;
b
a person whose name is removed from the roll or register; or
c
any person whose name is entered on the roll or register who wishes to object to the enrolment or removal of the name of any other person on that roll or register.
3
In an appeal concerning the roll of a parish, notice of the appeal shall be given in writing to the lay chairman of the deanery synod and in an appeal concerning the register of lay or clerical electors notice of the appeal shall be given in writing to the Chairman of the House of Laity or the Chairman of the House of Clergy of the diocesan synod as the case may be.
4
Notice of appeal shall be given not later than fourteen days after the date of enrolment, removal or refusal or if the appeal arises on the revision of the roll or register or the preparation of a new roll or register, not later than fourteen days after the first publication of the revised or new roll or register.
5
In any appeal arising under this rule the chairman of the House concerned of the Diocesan Synod or the lay chairman of the deanery synod, as the case may be, shall within fourteen days refer any appeal to the bishop’s council and standing committee of the diocese unless within that period the appellant withdraws the appeal in writing. The said bishop’s council shall appoint three or a greater number being an odd number of their lay members or clerical members as the case may be to consider and decide the appeal.
ELECTION APPEALS
36A
1
There shall be a right of appeal with regard to–
a
the allowance or disallowance of any vote given or tendered in an election of a churchwarden or in an election under these rules or to a body constituted under or in accordance with these rules;
b
the result of any election of a churchwarden or of any election or choice held or made or purporting to be held or made under these rules, or any election or choice of members of a body constituted under or in accordance with these rules.
2
The following persons shall have a right of appeal under this rule–
a
an elector in the said election;
b
a candidate in the said election; or
c
the chairman of the House of Laity or of the House of Clergy of the diocesan synod or, in an election to the House of Laity of the General Synod, the chairman and vice-chairman of that House of Laity provided that if both such offices are vacant at the time of the appeal the persons who held such offices immediately before dissolution of the General Synod shall be deemed to hold that office if they have been re-elected to the General Synod.
3
The provisions of this rule (except paragraph (5)), insofar as they confer a right of appeal by any person referred to in paragraph (2) above against the result of an election and provide for notice of an appeal and the determination thereof, shall apply in relation to an election to the House of Laity of the General Synod by the diocesan electors of the diocese in Europe.
4
In the case of an appeal arising out of an election to the House of Laity of the General Synod or the diocesan synod notice of the appeal shall be given in writing to the chairman of the House of Laity of the diocesan synod. In any other case concerning the laity, notice of the appeal shall be given in writing to the lay chairman of the deanery synod. Notices under this paragraph shall be given:
a
in the case of an appeal against the allowance or disallowance of a vote, not later than fourteen days after such allowance or disallowance;
b
in the case of an appeal against the result of an election or choice, not later than fourteen days after the result thereof has been announced by the presiding officer.
5
An error in the electoral roll or the registers of clerical or lay electors shall not be a ground of appeal against the result of any election unless–
a
either it has been determined under this rule that there has been such an error or the question is awaiting determination under rule 36; and
b
the error would or might be material to the result of the election;
and the allowance or disallowance of a vote shall not be a ground of appeal against the result of an election unless the allowance or disallowance would or might be material to the result of the election.
6
An error in the electoral roll of a chaplaincy or in the register of lay electors in the diocese in Europe shall not be a ground of appeal against the result of an election to the House of Laity of the General Synod by the diocesan electors of that diocese unless–
a
either it has been determined under the rule which applies in that diocese and corresponds with rule 36 that there has been such an error or the question is awaiting determination under that rule; and
b
the error would or might be material to the result of that election;
and the allowance or disallowance of a vote shall not be a ground of appeal against the result of such an election unless the allowance or disallowance would or might be material to the result of the election.
7
An appeal arising out of an election or choice of members of the House of Laity of the General Synod shall within the period of fourteen days of the appeal being lodged, be referred to the Standing Committee of the General Synod unless within that period the appellant withdraws the appeal in writing. Subject to paragraph (8) hereof, the said Standing Committee shall appoint three or a greater number, being an odd number, from an appeal panel consisting of the lay members of the said Standing Committee and such of the Dean of the Arches and Auditor, the Vicar General of the Province of Canterbury and the Vicar General of the Province of York as are not in Holy Orders to consider and decide the appeal.
8
Where the chairman or vice-chairman of the House of Laity has given notice of appeal as provided by paragraph (2)(c) above or where a member of the Standing Committee comes from the diocese to which the appeal relates, he shall not be appointed to hear the appeal.
9
In any appeal arising under this rule except an appeal arising out of an election to the House of Laity of the General Synod, the Chairman of the House of Laity of the diocesan synod or the lay chairman of the deanery synod, as the case may be, shall refer any appeal to the bishop’s council and standing committee of the diocese.
10
In any appeal arising under this rule to the House of Clergy of the diocesan synod the Chairman of the House of Clergy of the said synod shall refer any appeal to the bishop’s council and standing committee of the diocese who shall appoint three or a greater number, being an odd number, of their clerical members to consider and decide the appeal.
36B
For the purpose of the consideration and decision of any appeal under rules 36 and 36A, the persons appointed to consider and decide the appeal–
a
shall consider all the relevant circumstances and shall be entitled to inspect all documents and papers relating to the subject matter of the appeal and be furnished with all information respecting the same which they may require;
b
shall give to the parties to the appeal an opportunity of appearing before them in person or through a legal or other representative;
c
shall have power at any time to extend the time within which a notice of appeal is given;
d
shall, unless by consent of the persons appointed the appeal is withdrawn, determine the matter at issue and, in an election appeal shall determine whether–
i
the person or persons whose election is complained of was or were duly elected;
ii
the facts complained of amount to a minor infringement of the rules which did not affect the outcome of the election in which event the appeal shall be dismissed; or
iii
the election was void. The determination so certified shall be final as to the matters at issue and, in any case in which there has been no valid election, the members shall direct a fresh election to be held and shall give such directions in connection therewith as they may think necessary;
e
shall have power at any time to consent to the withdrawal of the appeal by an appellant subject to a determination in respect of costs in accordance with paragraph (f) hereof;
f
shall have power to direct that any party to an appeal shall be entitled to payment of costs by any other party or by the diocesan board of finance and to direct that a party shall be responsible for the reasonable expenses of the persons appointed to hear the appeal; save that in so far as the same have not been paid by any other person, the diocesan board of finance shall pay all expenses of the persons appointed to hear the appeal provided that the said board shall first be satisfied that they are reasonable in amount.
Vacation of Seat
13
1
In rule 37, in paragraph (1) after sub-paragraph (e) there shall be inserted–
f
any member of a diocesan synod or of the House of Laity of the General Synod has his election declared void in accordance with the provision of rule 36B hereof.
2
In rule 37, paragraph (5) for the words “should remain a member of the House of Laity” there shall be substituted the words “is able and willing to continue to discharge to their satisfaction the duties of a member of the House of Laity elected for that diocese,”.
Casual Vacancies
14
1
In rule 39, for paragraph (1) there shall be substituted–
1
Casual vacancies among the parochial representatives elected to the parochial church council or deanery synod shall be filled as soon as practicable after the vacancy has occurred. Where the annual parochial church meeting is not due to be held within the next two months following the occurrence of the vacancy, a vacancy among the parochial representatives elected to the parochial church council may be filled, and a vacancy among the parochial representatives elected to the deanery synod shall be filled, by the election by the parochial church council of a person qualified to be so elected. Returns of parochial representatives of the laity elected to fill one or more casual vacancies on the deanery synod shall be sent by the secretary of the parochial church council to the diocesan electoral registration officer and to the secretary of the deanery synod.
.
2
In rule 39, in paragraph (3) for the words “by elections” there shall be substituted the words “and elections to fill such casual vacancies shall be”.
3
In rule 39, for paragraphs (5) and (6) there shall be substituted–
5
a
Subject to the provisions of this rule, an election to fill a casual vacancy in the House of Laity shall be completed, so far as possible, within six months from the occurrence of the vacancy and, in the event of the vacancy not being filled within that period, the Chairman of the House of Laity of the General Synod may give directions to the presiding officer as to the date by which the vacancy must be filled.
b
Where a casual vacancy occurs in the House of Laity of the General Synod and the period for holding a general election to that House is due to begin within twelve months of the vacancy, the vacancy shall not be filled unless the lay members of the bishop’s council and standing committee, acting in accordance with any directions of the diocesan synod, otherwise direct.
c
Where a casual vacancy in the House of Laity of the General Synod occurs within the period of two years–
i
beginning with 1st August in the year of the last general election to that House, or
ii
beginning with the date of the declaration of the result of an election to fill a casual vacancy where the election was conducted by voting papers in the same manner as a general election;
the lay members of the bishop’s council and standing committee, acting in accordance with any direction of the diocesan synod, may decide within three months of the occurrence of the vacancy that the election to fill the casual vacancy shall be conducted by those papers in accordance with paragraph (6) of this rule.
4
In rule 39, paragraph (7) shall be renumbered (6) and, at the beginning thereof, there shall be inserted–
Where the lay members of the bishop’s council and standing committee have decided under paragraph (5)(c) above that an election shall be conducted by the voting papers of the previous election,
5
In rule 39, after paragraph (6) as re-numbered there shall be inserted–
7
An election to fill a casual vacancy in either house of the diocesan synod shall be completed within six months from the occurrence of the vacancy, provided that where a casual vacancy occurs in either house and the period for holding a general election to that house is due to begin within nine months of the vacancy, the vacancy shall not be filled unless the members of the bishop’s council and standing committee who are from the same house otherwise direct.
6
In rule 39(10) the words “and (6)” shall be omitted.
7
In rule 39, after paragraph (10) there shall be inserted–
11
In calculating the period of six months referred to in paragraphs (5) and (7) of this rule–
a
where during the course of an election irregularities are found which are of such a kind that the presiding officer is of the opinion that he should declare the proceedings null and void, he shall so declare and shall notify all electors of the declaration and shall cause a fresh election to be held which shall be completed within the period of six months from the date of the notice to the electors of the fresh election;
b
where in an appeal a determination is made that there has been no valid election and the presiding officer is directed to hold a fresh election, the period of six months shall run from the date of such direction.
12
In this rule the expression “casual vacancy” includes the case where insufficient candidates have been nominated to fill the places available.
Constraints in Elections
15
After rule 41 there shall be inserted–
Constraints in Elections
41A
1
If in any election conducted in accordance with these rules it is a requirement that a given number or not less than a given number of places of those elected shall be filled by candidates of a named category, the presiding officer shall follow the procedure set out in paragraphs (2) to (4) of this rule.
2
The presiding officer shall examine the nomination papers to ascertain if the number of candidates nominated in any named category is less than or equal to the required given number.
3
If the number of candidates nominated in any named category is less than or equal to the required given number, those candidates shall be declared to be elected and their names shall not be included on the voting paper and thereafter the requirement shall be disregarded and the election shall proceed with the number of seats to be filled being reduced by the number of persons declared elected.
4
The presiding officer shall circulate with the voting papers a separate notice giving the names of any who have been declared elected in accordance with paragraph (3) hereof.
Special Provisions
16
1
In rule 43, in paragraph (1), sub-paragraph (d) shall be omitted and sub-paragraph (e) shall be re-numbered (d).
2
In rule 43, in paragraph (1)(d) as re-numbered there shall be inserted at the beginning of the sub-paragraph–
Subject to (c) above,
.
Forms
17
1
In Appendix I, in section 2 after the word “exhibited”, there shall be inserted the words–
for not less than 14 days
.
2
In Appendix I, in section 2 for the words “Forms of application for enrolment can be obtained from the undersigned, and should be returned, if possible, in time for the Revision” there shall be substituted–
Forms of application for enrolment can be obtained from the undersigned. In order to be entitled to attend the annual parochial church meeting and to take part in its proceedings, forms of application for enrolment must be returned by the date shown above for the ending of the revision of the Church Electoral Roll by the Parochial Church Council.
.
3
In Appendix I, in section 3 the words “if possible” shall be omitted.
4
In Appendix I, in section 3 for the words “Forms of application for enrolment can be obtained from the undersigned”, there shall be substituted–
The new Roll shall be published for not less than 14 days. Forms of application for enrolment can be obtained from the undersigned. In order to be entitled to attend the annual parochial church meeting and to take part in its proceedings, forms of application for enrolment must be returned by the earlier of the dates given above.
5
In Appendix I, in section 4 at the end after the words “may be a sidesman” there shall be inserted a new paragraph–
** A scheme is in operation in this parish which provides that any person entitled to vote in the elections of parochial representatives of the laity to the parochial church council or to the deanery synod or to both that council and that synod may make application on the appropriate form to the undersigned for a postal vote. The completed form must be received before the commencement of the Annual Parochial Church Meeting.
** This paragraph should be deleted if no scheme for postal voting is in operation in the parish.
6
In Appendix I, after section 4 there shall be inserted –
Section 4A
Rule 10A(2)
APPLICATION FOR POSTAL VOTE
7
In Appendix I, in section 6 the words “and Profession or Occupation” shall be omitted.
8
In Appendix I, in sections 7 and 8 the words “and descriptions” shall be omitted.
General Provisions relating to Parochial Church Councils
18
1
In Appendix II , in paragraph 4(b) for the word “sent” there shall be substituted the words “posted or delivered” and at the end of the sub-paragraph there shall be inserted–
The notice required by this sub-paragraph shall not be required for a council meeting immediately following the annual parochial church meeting being a council meeting which has been called solely for the purpose of appointing or electing any officers of the Council or the members of the standing committee thereof provided that the notice required by sub-paragraph (a) hereof has been given.
2
In Appendix II, in paragraph 5–
i
for the words “rule 18” there shall be substituted the words “rules 18 and 18A”;
ii
for sub-paragraph (b) there shall be substituted–
b
subject to paragraphs (c) and (d) hereof, if the chairman of the council is not present, by the vice-chairman of the council if he is present;
c
if the benefice is vacant and a minister acting as priest-in-charge of a parish in respect of which rights of presentation are suspended, by the priest-in-charge;
iii
sub-paragraph (c) shall be re-numbered “(d)”;
iv
for the words “nor, where sub-paragraph (c) above applies, the rector” there shall be substituted the words “, the vice chairman, nor, where sub-paragraphs (c) and (d) above apply, the priest-in-charge or rector”.
3
In Appendix II, in paragraph 14(a) at the end of the sub-paragraph there shall be inserted–
Unless removed from office, the appointed members shall hold office from the date of their appointment until the conclusion of the next annual meeting of the parish.
Citation, interpretation and commencement
19
1
This resolution may be cited as the Church Representation Rules (Amendment) (No. 1) Resolution 1989, and the Church Representation Rules (Amendment) Resolutions 1973 to 1984 and this Resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 1989.
2
Any reference in this Resolution to a numbered rule or Appendix is a reference to the rule or Appendix, as the case may be, bearing that number in the Church Representation Rules, as amended by the Church Representation Rules (Amendment) Resolutions 1973 to 1984 and by the Diocese in Europe Measure 1980.
3
This Resolution shall come into force on the first day of January 1990.
Approved by the General Synod
W. D. Pattinson
Secretary-General
6th November 1989


type: legislation

jurisdiction: UK

text:
Title, extent, commencement and interpretation
1
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1989, shall apply to Great Britain and except for article 2(2), shall come into force on 26th April 1989.
2
Article 2(2) of this Order shall come into force on 1st January 1990.
3
In this Order “the principal Order ” means the Plant Health (Great Britain) Order 1987 .
Amendment of the principal Order
2
The principal Order shall be amended as follows:–
1
in article 3(1) (interpretation) there shall be inserted, in alphabetical order as appropriate, the following definitions:
“Beet Rhizomania Disease” means the disease caused by Beet Necrotic Yellow Vein virus;
“Classified basic seed potatoes” means seed potatoes produced in the protected region as defined in article 22 in relation to which a basic seed potatoes certificate has been issued in accordance with the Seed Potatoes Regulations 1984 ;
“early potatoes” means potatoes–
harvested before 31st July in the year of planting, and
marketed for human consumption immediately after being harvested;
“official label” means a label supplied in accordance with the requirements of the Seed Potatoes Regulations 1984;
;
2
after paragraph (3) of article 22 (restriction on the movement to and planting of potatoes in the protected region) there shall be inserted the following paragraphs–
3A
No person shall plant or cause or permit to be planted in the protected region any potatoes other than classified basic seed potatoes or one year’s direct progeny of classified basic seed potatoes where that direct progeny has been grown by that person.
3B
The provisions of paragraph (3A) above shall not apply where the area to be planted is less than 0.1 hectare or is to be used for the production of early potatoes.
3C
Any person who plants seed potatoes in the protected region other than for the production of seed potatoes shall retain and make available to an authorised officer documentary evidence showing that the seed potatoes planted were classified basic seed potatoes or were one year’s direct progeny of classified basic seed potatoes where such progeny has been grown by that person.
3D
The documentary evidence required by paragraph (3C) of this article shall be in the form of–
a
an official label together with either an invoice or delivery note; or
b
a certificate of classification where the potatoes planted are either classified basic seed potatoes, or their direct progeny, and where the seed potatoes, or their direct progeny, were produced by the certificate holder.
;
3
in paragraph (4) of article 22 for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (3A)”;
4
in articles 23 (display of notices) and 24 (restriction on entry to infected premises) after the words “Colorado Beetle” there shall be inserted the words “or Beet Rhizomania Disease”;
5
after article 24 there shall be inserted the following article–
24A
The restriction in article 24 shall not apply to a person who enters premises declared infected with Colorado Beetle or Beet Rhizomania Disease for the purpose of saving life or property.
;
6
in paragraph (2) of article 46 for the words “article 4” there shall be substituted the words “article 12”;
7
in article 47 for the words “not exceeding £2,000” there shall be substituted the words “not exceeding level 5 on the standard scale.”;
8
in Part IA of Schedule 1 after Item 18 there shall be inserted the following Items–
19
Anomala orientalis (Waterhouse) — Oriental beetle
20
Enarmonia prunivora (Walsh) — Lesser Appleworm
21
Naccobus aberrans (Thorne) Thorne & Allen — False Root Knot Nematode
22
Opogona sacchari (Bojer) — Sugarcane Borer
23
Premnotrypes spp (Non-European) — Andean Potato Weevils
24
Xiphinema americanum Cobb sensu lato (Non-European populations) — a Dagger Nematode
25
Thrips palmi Karny — Palm Thrips.
;
9
in Part IB of Schedule 1 after Item 2 there shall be inserted the following Item–
3
Xyella fastidiosa (Wells et al. ) — Grapevine Pierce’s disease bacterium.
;
10
in Part IC of Schedule 1 after Item 2 there shall be inserted the following Items–
3
Gymnosporangium spp (Non-European) — Fruit Tree/Juniper Rusts.
4
Sclerotinia fructicola (Wint.) Rehm (syn Monilinia fructicola (Wint.) Honey) — Fruit Brown Rot.
5
Phoma andina Turkensteen — Black Potato Blight and Leaf Spot.
6
Phyllosticta solitaria Ell. and Ev. — Apple Blotch and Canker.
7
Septoria lycopersici var malaguttii Ciccarone and Boerema — Annular Potato Leaf Spot.
;
11
in Part IIA of Schedule 1–
a
after Item 1 there shall be inserted the following Item–
1A
Aphelenchoides besseyi Christie– Rice White Tip Nematode
Strawberry plants ( Fragaria L.) other than the fruits and seeds
;
b
in column 3 of Item 3 for the words “Flower bulbs and tubers of potato ( Solanum tuberosum L.)” there shall be substituted the words “Flower bulbs of the genera Crocus L., Gladiolus L., Hyacinthus L., Iris L., Tigridia Juss., Tulipa L., tubers of potato ( Solanum tuberosum L.)”;
c
Item 5 (Caloptilia azaleella) and Item 6 ( Merodon equestris ) shall be omitted;
12
in Part IIB of Schedule 1–
a
Item 5 ( Pseudomonas gladioli ) shall be omitted;
b
after Item 6 there shall be inserted the following Item–
6A
Pseudomonas syringae p.v. persicae (Prunier et al ) Peach Canker
Plants of Prunus L. other than fruit and seeds
;
c
after Item 8 there shall be inserted the following Item–
8A
Xanthomonas ampelina Panagopoulos — Canker of Grapevine
Plants of vines ( Vitis L.) other than fruit and seeds
;
13
in Part IIC of Schedule 1–
a
Item 4 ( Ovulinia azaleae), Item 9 ( Sclerotinia bulborum ), Item 11 ( Septoria gladioli ) and Item 12 ( Stromatinia gladioli ) shall be omitted;
b
after Item 8 there shall be inserted the following Item–
8A
Puccinia pitteriana Hess — Potato Common Rust
Plants of Solanum spp.
;
c
after Item 14 there shall be inserted the following Item–
15
Verticillium dahliae Kleb — Hop Wilt
Plants of Hops ( Humulus Lupulus L.)
;
14
in Part IID of Schedule 1 in column (2) of Item 8 for the words “Little Cherry pathogen” there shall be substituted the words “Little Cherry disease pathogen”;
15
in Part III of Schedule 1–
a
in section A the words “5. Caloptilia azaleella (Brants) (syn. Gracilaria azaleella (Brants) — Azalea Leafminer” and “7. Merodon equestris (Fabricius (syn. Lampetia equestris Fabricius) — Large Narcissus Fly” shall be omitted;
b
in section B the words “4. Pseudomonas gladioli pv. gladioli Severini (syn. Pseudomonas gladioli Severini) (syn. Pseudomonas marginata (McCulloch Stapp)) — Gladiolus Scab and Neck Rot, on gladiolus ( Gladiolus L.) and freesia ( Freesia Klatt.)” shall be omitted;
c
in section C the words “3. Ovulinia azaleae Weiss — Rhododendron Petal Blight”, “7. Sclerotinia bulborum (Wakk.) Rehm — Hyacinth Black Slime” and “8. Stromatinia gladioli (Drayt.) Whet. — Gladiolus Dry Rot” shall be omitted;
d
in section C after the words “5. Phytophthora fragariae Hickman — Red Core Disease of Strawberries, in Scotland” there shall be inserted the words “5A. Puccinia horiana P. Henn. — Chrysanthemum White Rust”;
16
in Part I of Schedule 2 in Item 3 for the words “other than (1) seeds and (2) plants of the following families” there shall be substituted the words “other than (1) seeds, (2) the genera Ficus L. and Codiaeum Juss and (3) plants of the following families”;
17
in Part III of Schedule 2–
a
in column 3 of Item 17 after the word “Austria” there shall be inserted the words “Canary Islands”;
b
after Item 17 there shall be inserted the following Item–
17A
Plants of genus Juniperus L. other than fruits and seeds.
Countries outside Europe.
;
18
in Schedule 3–
a
after Item 4 there shall be inserted the following–
4A
Plants for planting, other than seeds, originating in countries where Thrips palmi Karny is known to occur.
Official statement that:–
the place of production has been found free of Thrips palmi Karny and
that the consignment has undergone appropriate treatment to ensure freedom from Thysanoptera .
;
b
after Item 6 there shall be inserted the following Item–
6A
Plants of Chaenomeles Lindl., Cydonia Mill., Crataegus L., Malus Mill., Photinia, Prunus L., Pyrus L., and Rosa L.
Where the consignment originates in a country outside Europe the plants shall be dormant and free from leaves, flowers and fruit.
;
c
in column 2 of Item 7 after the words “in tissue culture” there shall be inserted the words “and other than plants specified in Item 6A above.”;
d
in Part IIB in column 2 of Item 11 after the words “ Dendrocalamus Nees ” there shall be inserted the words “ Hakonechloa Mak. ex Honda”;
e
in Part IIC–
i
in paragraph (a) of column 3 of Item 22 the words “(iii) Lesser Apple Worm ( E. prunivora (Walsh))” shall be omitted;
ii
in paragraph (b) of column 3 of Item 22 at the end there shall be inserted the words “and that no symptoms of S. fructicola have been observed at the place of production since the beginning of the last complete cycle of vegetation.”;
iii
in paragraph (1)(a) of column 3 of Item 23 after the word “Tortrix” there shall be inserted the word “moth”;
iv
for columns 2 and 3 of Item 24 there shall be substituted the following:–
Plants of the genera Cydonia Mill., Malus Mill., Prunus L., and Pyrus L.
1
Where the consignment originates in a third country it shall be free from:
a
Western Cherry Fruit Fly ( Rhagoletis indifferens (Curran));
b
Apple Curculio ( Tachypterellus quadrigibbus (Say));
2
An official statement shall have been made:–
a
either that the plants were grown in a country in which viruses, or virus-like pathogens of a description specified in paragraph (1)(p) of Part ID of Schedule 1 are not known to occur in Cydonia, Malus, Prunus or Pyrus ; or
b
that the plants were grown at a place of production at which no symptoms of viruses, or virus-like pathogens of a description specified in paragraph (1)(p) of Part ID of Schedule 1 have been observed during at least one official inspection carried out since the beginning of the last complete cycle of vegetation.
;
v
after Item 24 there shall be inserted the following Item–
24A
Plants of the genera Crataegus L. and Malus Mill.
An official statement shall have been made that no symptoms of Apple Blotch and Canker ( Phyllosticta solitaria (Ell. and Ev.)) have been observed on the plants at the place of production since the beginning of the last complete cycle of vegetation.
;
vi
in paragraph (5)(d) of column 3 of Item 26 for the words beginning with “If the American Leafminer” and ending with “shall have been used.” there shall be substituted the words “If the American Leafminer ( Amauromyza maculosa (Malloch), Liriomyza huidobrensis (Blanchard), L. sativae Blanchard or L. trifolii (Burgess)) has occurred on the place of production within the previous 2 years the second method of treatment shall have been used.”;
vii
paragraph 6 of column 3 of Item 26 shall be omitted;
viii
after paragraph (1) of Item 27 there shall be inserted the following paragraph–
1A
Where the consignment originates in a third country, in addition to being free from the plant pests listed in paragraph (1), the consignment shall be free from Strawberry Weevils ( Anthonomus signatus (Say) and Anthonomus bisignifer (Schenkling)).
;
ix
after paragraph (6) of column 3 of Item 27 there shall be inserted the following paragraph–
7
An official statement shall have been made:–
a
that the plants were grown in a country in which Aphelenchoides besseyi Christie is not known to occur; or
b
where the consignment originates in a country in which Aphelenchoides besseyi Christie is known to occur:–
i
either that no symptoms of Aphelenchoides besseyi has been observed on plants at the place of production since the beginning of the last complete cycle of vegetation; or
ii
that in the case of plants in tissue culture, the plants have been derived from plants which complied with paragraph (7)(b)(i) of this Item or have been officially tested by appropriate nematological methods and have been found free from Aphelenchoides besseyi .
;
x
in paragraph (1) of column 3 of Item 30 after the words “( Verticillium albo — atrum Reinke and Berth.)” there shall be inserted the words “and of Hop Wilt ( Verticillium dahliae Kleb.)”;
xi
in paragraph (2) of column 3 of Item 30 the words “that requirement shall also be complied with in respect of Hop Wilt ( Verticillium dahliae Kleb.) and” shall be omitted;
f
in Part IV–
i
in column 2 of Item 56 after the words “pea ( Pisum sativum L.)” there shall be inserted the words “ Prunus L.”;;
ii
in column 3 of Item 57 after the words “third country”, there shall be inserted the words “it shall be free from Lettuce Mosaic virus and”;
iii
in column 3 of Item 58 after paragraph (3) there shall be inserted the following paragraph–
4
Where the consignment originates in a third country, in addition to complying with the requirements specified in paragraphs (1) to (3) of this Item, it shall be free from Verticillium Wilt of Lucerne ( Verticillium albo — atrum (Reinke and Berth)).
;
g
in Part VB–
i
in paragraph (3)(c) of column 3 of Item 65 for the words “Apple Fruit Worm ( Enarmonia prunivora (Walsh))” there shall be substituted the words “Queensland Fruit Fly ( Dacus Tryoni (Froggatt))”;
ii
after Item 65 there shall be inserted the following Item–
65A
Raw fruit from the genus Prunus L.
Where the consignment has been landed in Great Britain between 1st March and 30th September (both dates inclusive) and the consignment originates from a country in the Southern Hemisphere an official statement shall have been made:–
a
either that the fruit originates in an area recognised as being free from Fruit Brown Rot ( Sclerotinia fructicola (Wint.) Rehm) in accordance with the procedure laid down in article 16 of Directive 77/93/ EEC ; or
b
that the fruits have been subjected to appropriate inspections and treatment procedures prior to harvest or export to ensure freedom from Sclerotinia fructicola.
;
h
in Part VC in paragraph (1) of column 3 of Item 72 for the words “( Rhagoletis menda Curran)” there shall be substituted the words “( Rhagoletis mendax Curran)”;
i
in Part VI in column 2 of Item 74 after the words “Raw vegetables” there shall be inserted the words “with foliage”, and at the end the words “with foliage” shall be omitted;
j
in Part VIIB paragraph (1) of column 3 of Item 78 shall be omitted;
19
at the end of Schedule 5 there shall be inserted the following instruments–
Commission Directive 88/271/EEC OJ No. L116, 4.5.88, p.13.
Commission Directive 88/272/EEC OJ No. L116, 4.5.88, p.19.
Commission Directive 88/430/EEC OJ No. L208, 2.8.88, p.36.
Council Directive 88/572/EEC OJ No. L313, 19.11.88, p.39.
.
20
at the end of Schedule 8 there shall be inserted the words “Beet Necrotic Yellow Vein virus, the cause of Beet Rhizomania Disease.”.
In Witness whereof the Official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Saunderson of Bowden
Minister of State, Scottish Office
22nd March 1989
Peter Walker
Secretary of State for Wales
22nd March 1989


text:
1
This Order may be cited as the Combined Probation Areas (Lancashire) Order 1989 and shall come into force on 1st December 1989.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Lancashire Probation Committee shall be amended by substituting in column 3–
a
“3” for “2” in the entry in respect of the petty sessional division of Burnley;
b
“2” for “1” in the entry in respect of the petty sessional division of Darwen;
c
“2” for “1” in the entry in respect of the petty sessional division of Fylde;
d
“3” for “2” in the entry in respect of the petty sessional division of Ormskirk;
e
“3” for “4” in the entry in respect of the petty sessional division of Preston;
f
“2” for “1” in the entry in respect of the petty sessional division of Ribble Valley; and
g
“3” for “2” in the entry in respect of the petty sessional division of South Ribble.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th November 1989


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Food Labelling (Amendment) Regulations 1989 and shall come into force on —
a
for the purposes of regulations 1, 2, 4, 5, 6, 11, 12 and 14(1) and (2) on5th June 1989; and
b
for all other purposes on 17th July 1989.
2
In these Regulations “the principal Regulations ” means the Food Labelling Regulations 1984 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 13 of these Regulations.
3
The definition of alcoholic strength by mass shall be omitted from regulation 2(1).
4
In regulation 2(1) —
a
after the definition of chocolate product there shall be inserted the following definition: —
“Community controlled wine” means wine, grape must, sparkling wine, aerated sparkling wine, liqueur wine, semi-sparkling wine and aerated semi-sparkling wine;
;
b
after the definition of flour confectionery there shall be inserted the following definition: —
“grape must” has the meaning assigned to it by Annex I to Council Regulation ( EEC ) No. 822/87 on the common organisation of the market in wine;
;
c
for the definition of liqueur wine there shall be substituted the following definition: —
“liqueur wine” —
in relation to a drink produced in the European Economic Community, has the meaning assigned to it by Annex I to Council Regulation (EEC) No. 822/87 ; and
in relation to a drink originating in a third country or countries, has the meaning assigned to it by article 2 of Council Regulation (EEC) No. 339/79 ;
;
d
for the definition of sparkling wine there shall be substituted the following definitions: —
“sparkling wine”, “aerated sparkling wine”, “semi-sparkling wine” and “aerated semi-sparkling wine” —
a
in relation to drinks produced in the European Economic Community, have the meanings respectively assigned to them by Annex I to Council Regulation (EEC) No. 822/87 ; and
b
in relation to drinks produced elsewhere, have the meanings respectively assigned to them by article 2 of Council Regulation (EEC) No. 339/79 ;
;
e
for the definition of wine there shall be substituted the following definition: —
“wine” has the meaning assigned to it by Annex I to Council Regulation (EEC) No. 822/87 .
.
5
For regulation 5(2)(f) there shall be substituted the following sub-paragraph: —
f
wines or grape musts, in so far as their labelling is regulated by Council Regulation (EEC) No. 355/79 laying down general rules for the description and presentation of wines and grape musts, and sparkling wines and aerated sparkling wines, in so far as their labelling is regulated by Council Regulation (EEC) No. 3309/85 laying down general rules for the description and presentation of sparkling wines and aerated sparkling wines;
.
6
In regulation 22(b) for the words “sparkling wine”, there shall be substituted the words “semi-sparkling wine, aerated semi-sparkling wine,”.
7
For regulation 31 there shall be substituted the following two regulations: —
Prepacked alcoholic drinks other than Community controlled wine
31
1
In the case of prepacked alcoholic drinks other than Community controlled wine, every drink with an alcoholic strength by volume of more than 1·2 per cent shall be marked or labelled with an indication of its alcoholic strength by volume in the form of a figure (which may be preceded by the word “alcohol” or by the abbreviation “alc.”) to not more than one decimal place immediately before the symbol “% vol.”.
2
Positive and negative tolerances shall be permitted in respect of the indication of alcoholic strength by volume and shall be those specified in Part I of Schedule 5A, which shall be read with the note thereto, expressed in absolute values.
3
For the purposes of this regulation, the alcoholic strength of any drink shall be determined at 20°C.
4
Any whisky which has an alcoholic strength by volume of less than 40 per cent and any brandy, gin, rum or vodka which has an alcoholic strength by volume of less than 37·2 per cent shall be marked or labelled with the words “under strength”. This requirement does not apply to brandy whose alcoholic strength by volume has fallen to less than 37·2 per cent only through maturing in cask.
Alcoholic drinks sold otherwise than prepacked
31A
1
This regulation applies to alcoholic drinks when sold otherwise than prepacked, including Community controlled wine.
2
Subject to paragraph (4) of this regulation, in respect of drinks to which this regulation applies with an alcoholic strength by volume of more than 1·2 per cent there shall —
a
in respect of a representative sample (which need not exceed thirty) of such drinks other than Community controlled wine, and
b
in respect of a representative sample (which need not exceed six) of Community controlled wine,
be displayed the alcoholic strength by volume in the form of a figure (which may be preceded by the word “alcohol” or by the abbreviation “alc.”) to not more than one decimal place immediately before the symbol “% vol.”, except that where two or more such figures appear in a single list the said word or abbreviation and the said symbol may be used once only at the head of the list of figures.
3
Positive and negative tolerances shall be permitted in respect of the indication of alcoholic strength by volume and shall be those specified in Part I of schedule 5A except that for Community controlled wine they shall be those specified in Part II of that Schedule, each of which shall be read with the respective note thereto, expressed in absolute values.
4
Paragraph (2) of this regulation shall not apply —
a
to cocktails or other drinks made up of mixtures of more than one drink; or
b
to drinks which it is customary to serve in such a way that information in respect of alcoholic strength by volume can readily be seen by the intending purchaser.
.
8
In regulation 32(1) and (2) after “regulation 24, 25, 28 or 29” there shall be inserted “or 31A”.
9
In regulation 33 —
a
in the heading and in paragraph (1), after “regulation 24, 25, 28 or 29” there shall be inserted “or 31A”;
b
in paragraph (1), after sub-paragraph (b) there shall be added the following sub-paragraph: —
or
c
in the case of an alcoholic drink to which regulation 31A applies, on a menu, wine list or notice that is readily discernible by an intending purchaser at the place where he chooses such alcoholic drink, or in the same place as is any information already required and displayed under the Price Marking (Food and Drink on Premises) Order 1979 .
.
10
For regulation 35 there shall be substituted —
Field of vision
35
1
Where a food is required to be marked or labelled with an indication of minimum durability or, in the case of an alcoholic drink, of alcoholic strength by volume, that indication shall appear in the labelling of the food in the same field of vision as the name of the food.
2
Where a food is required by the Weights and Measures Act 1985 or by any Order made thereunder to be marked or labelled with an indication of net quantity, that indication shall appear in the labelling of the food in the same field of vision as the name of the food and, if the food is also required to be marked or labelled with an indication of minimum durability or, in the case of an alcoholic drink, with an indication of alcoholic strength by volume, in the same field of vision as the indication of minimum durability or the indication of alcoholic strength by volume.
.
11
In regulation 37 —
a
in paragraph (3) after sub-paragraph (c) there shall be added the following sub-paragraph: —
d
a reference to protein, polyunsaturated fatty acid or sodium in a statement of the basic nutrient content of a food.
;
b
after paragraph (6) there shall be added the following paragraph: —
7
In paragraph 3(d) of this regulation, “a statement of the basic nutrient content” in relation to a food means a statement of the energy value and of the protein, carbohydrate and fat content of that food, whether or not supplemented by further details of that content or by a statement of the sodium or the fibre content of the food.
.
12
In regulation 39 —
a
in paragraph (1) for the words “as defined in Annex II to Council Regulation (EEC) No. 337/79 ” where they occur in two places, there shall be substituted “as defined in Annex I to Council Regulation (EEC) No. 822/87 ”;
b
in paragraph (5) for the words “as defined in Annex II to Council Regulation (EEC) No. 337/79 , as amended” there shall be substituted “as defined in Annex I to Council Regulation (EEC) No. 822/87 ”.
13
After Schedule 5 there shall be inserted Schedule 5A as set out in the Schedule to these Regulations.
Transitional provisions
14
1
In any proceedings in respect of an act done before 17th July 1989 which is alleged to constitute a contravention of paragraph (1) of regulation 31 of the principal Regulations, the defendant shall not be convicted of an offence under the principal Regulations unless the prosecution prove that such an act would have constituted a contravention of regulation 31, as substituted for that regulation by regulation 7 of these Regulations, if it had been in force when the act was done.
2
Until 17th July 1989, where there is displayed the alcoholic strength of an alcoholic drink specified in regulation 31A(1) of the principal Regulations as amended by regulation 7 of these Regulations, the tolerances prescribed by regulation 31A(3) shall apply.
3
In any proceedings in respect of an act which is alleged to constitute a contravention of regulation 31(1) or regulation 31A(2)(a) of the principal Regulations, as amended by regulation 7 of these Regulations, the defendant shall not be convicted of an offence under the principal Regulations, as so amended, where that act was done in relation to a drink prepacked before 1st May 1989, which was marked or labelled in accordance with regulation 31 of the principal Regulations before amendment by regulation 7 of these Regulations, or a drink sold otherwise than prepacked and the container from which that drink was dispensed to the ultimate consumer was prepacked before that date.
4
In any proceedings in respect of an act which is alleged to constitute a contravention of regulation 31A(2)(b) of the principal Regulations as amended by regulation 7 of these Regulations, the defendant shall not be convicted of an offence under the principal Regulations as so amended, where the container from which the wine or grape must, sparkling wine or aerated sparkling wine was dispensed to the ultimate consumer —
a
was prepacked before 1st May 1988; or
b
in the case of wines or grape musts in so far as their labelling is regulated by Council Regulation (EEC) No. 355/79 , or in the case of sparkling wines or aerated sparkling wines in so far as their labelling is regulated by Council Regulation (EEC) No. 3309/85 —
i
bore a label printed before 1st May 1988 and affixed before 1st May 1989; or
ii
was directly labelled in manufacture before 1st May 1988 and prepacked before 1st May 1990.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd May 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
3rd May 1989
Peter Walker
Secretary of State for Wales
25th April 1989


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 2) Order 1989.
2
The following provisions of the Local Government and Housing Act 1989 shall come into force on November 29, 1989–
section 1(5) and (6) (power to make regulations)
section 2 (politically restricted posts)
Chris Patten
One of Her Majesty’s Principal Secretaries of State
23rd November 1989


text:
1
These Regulations may be cited as the Valuation for Rating (Plant and Machinery) Regulations 1989 and shall come into force on 7th April 1989.
2
In relation to any hereditament other than a hereditament which is valued on the profits basis, in applying the provision of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Local Government Finance Act 1988–
a
all such plant or machinery in or on the hereditament as belongs to any of the classes set out in the Schedule shall be assumed to be part of the hereditament; and
b
the value of all other plant and machinery in or on the hereditament shall be assumed to have no effect on the rent to be estimated as required by paragraph 2(1).
3
The valuation officer shall, on being so required in writing by the occupier of any hereditament, supply to him particulars in writing showing what machinery and plant, or whether any particular machinery or plant, has been assumed in pursuance of regulation 2(a) to form part of the hereditament.
Nicholas Ridley
Secretary of State for the Environment
9th March 1989
Peter Walker
Secretary of State for Wales
12th March 1989


text:
1
The length of trunk road described in the Schedule to this order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the new trunk road is open for through traffic.
2
In this order: —
the measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan” means the plan numbered HA/10/1/CNW/223 marked “The A6 Trunk Road Hazel Grove (Detrunking) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the special road to be provided by the Secretary of State in pursuance of the A6(M) Motorway (Stockport North-South Bypass) and Connecting Roads Scheme 1989 ;
iii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 22nd September 1989 and may be cited as the A6 Trunk Road Hazel Grove (Detrunking) Order 1989.
Signed by authority of the Secretary of State
D. C. Renshaw
Regional Director North West Region
Department of Transport
25th August 1989


text:
Title and commencement
1
These Regulations may be cited as the Vegetable Seeds (Amendment) Regulations 1989 and shall come into force on 1st September 1989.
Amendment
2
1
The Vegetable Seeds Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) (interpretation) in the definition of “small package” after the word “turnip” there shall be inserted the word “gourd”.
3
In regulation 5 (marketing of seeds) after paragraph (11) there shall be inserted the following paragraph —
12
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.
.
4
In regulation 9(8) (labelling of packages) after the words “variety of the seeds” there shall be inserted the words “from which it shall be separated by a dash”.
5
For Schedule 1 (kinds of seeds to which the Regulations apply) there shall be substituted the following —
SCHEDULE 1
KINDS OF SEEDS TO WHICH THE REGULATIONS APPLY
Regulation 4(1)
(1) (2) Latin Name Common Name
Allium cepa L. Onion Allium porrum L. Leek Apium graveolens L. Celery, Celeriac Asparagus officinalis L. Asparagus Beta vulgaris L. var. vulgaris Spinach beet, leaf beet or chard Beta vulgaris L. var. conditiva Alef. Red beet or Beetroot Brassica oleracea L. convar. acephala (DC.) Alef. var. gongylodes L. Kohl rabi Brassica oleracea L. convar. acephala (DC.) Alef. var. sabellica Curly kale or Borecole Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis Cauliflower Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch. Sprouting broccoli, Calabrese Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC. Cabbage Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC. Red cabbage Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. Savoy cabbage Brassica oleracea L. convar. oleracea var. gemmifera DC. Brussels sprouts Brassica pekinensis (Lour.) Rupr. Chinese cabbage Brassica rapa L. var. rapa Turnip Cichorium endivia L. Endive Cichorium intybus L. (partim.) Chicory Cucumis melo L. Melon Cucumis sativus L. Cucumber, Gherkin Cucurbita maxima Duchesne Gourd Cucurbita pepo L. Marrow Daucus carota L. Carrot Lactuca sativa L. Lettuce Lycopersicon lycopersicum (L.) Karsten Tomato Petroselinum crispum (Miller) Nyman ex A.W. Hill Parsley Phaseolus coccineus L. Runner bean Phaseolus vulgaris L. French bean Pisum sativum L. (partim.) Pea (excluding field pea) Raphanus sativus L. Radish Spinacia oleracea L. Spinach Vicia faba L. (partim.) Broad bean
6
In Schedule 4, Part I (Basic Seed and Certified Seed conditions relating to crops from which seeds are obtained) for paragraph 7, there shall be substituted the following paragraph —
7
Throughout the period of flowering of the crop there shall be the following minimum distances from sources of undesirable pollen capable of fertilizing the seed crop —
a
Beta species —
i
from any pollen sources of the genus Beta not included in sub-paragraphs (ii) or (iii)1000m
ii
from pollen sources of varieties of the same sub-species belonging to a different group of varieties —
Crops to produce Basic Seed1000m
Crops to produce Certified Seed600m
iii
from pollen sources of varieties of the same sub-species belonging to the same group of varieties —
Crops to produce Basic Seed1000m
Crops to produce Certified Seed600m
b
Brassica species —
Crops to produce Basic Seed1000m
Crops to produce Certified Seed600m
c
other cross-fertilized vegetable species
Crops to produce Basic Seed500m
Crops to produce Certified Seed300m
With the approval of the Minister, these distances may be modified if there is adequate protection against undesirable pollen.
For the purposes of this paragraph the groups of varieties of the Beta species shall be those set out in the following table classified in groups according to their characteristics. Where the crop is of a genetically monogerm variety, multigerm varieties shall be deemed to belong to a different group —
(1)
Beta vulgaris L. var. vulgaris, Spinach beet, chard
1 2 Group Characteristics
1 White petiole and pale green leaf blade, without anthocyanin coloration. 2 White petiole and medium or dark green leaf blade, without anthocyanin coloration. 3 Green petiole and medium or dark green leaf blade, without anthocyanin coloration. 4 Pink petiole and medium or dark green leaf blade. 5 Red petiole and leaf blade with anthocyanin coloration.
(2)
Beta vulgaris L. var. conditiva Alef., red beet or beetroot
1 2 Group Characteristics
1 Transverse narrow elliptic or transverse elliptic shape of root longitudinal section and root flesh red or purple. 2 Circular or broad elliptic shape of root longitudinal section and root flesh white. 3 Circular or broad elliptic shape of root longitudinal section and root flesh yellow. 4 Circular or broad elliptic shape of root longitudinal section and root flesh red or purple. 5 Narrow oblong shape of root longitudinal section and root flesh red or purple. 6 Narrow obtriangular shape of root longitudinal section and root flesh red or purple.
7
In Schedule 4, Part II (Basic Seed, Certified Seed and Standard Seed conditions relating to the seeds) in the table in paragraph 2(a) —
a
after the entry “chicory” there shall be inserted an entry “Chinese cabbage” and
b
after the entry “Gherkin” there shall be inserted “Gourd” as follows:
Kind Minimum analytical purity (% by weight) Maximum content of seeds of other plant species (% by weight) Minimum germination(% of pure seeds or pellets)
Chinese cabbage 97 1 75 Gourd 98 0·1 80
8
In Schedule 5 —
a
in Part I (sampling of seed lots) —
i
in paragraph 9 after “sampling device” the words “approved by the Minister” shall be deleted;
ii
in paragraph 11(i) (Dynamic Spear Sampler) at the end of the table, under the appropriate columns (a) to (g) there shall be inserted —
“Peas and beans 78 15 15 40 18 20 22”;
iii
paragraph 15 (moisture samples) shall be deleted;
b
in Part II (maximum weight of a seed lot and minimum weight of a submitted sample) in the table after “Gherkin” there shall be inserted “Gourd” as follows —
Kind Maximum Lot Weight (tonnes) Minimum Submitted Sample Weight (g)
Gourd 20 250
9
In Schedule 6 (labelling), immediately after the heading “SCHEDULE 6” there shall be inserted the following —
For the purposes of these Regulations the particulars prescribed in this Schedule as to the kind and variety of seed shall be indicated on the label in roman characters. The kind of seed shall be designated by its Latin name, or its common name, or both, as prescribed in Schedule 1.
.
10
In Schedule 6, Part I, paragraph B(a) after item 10 there shall be inserted —
11
In the case of varieties which are hybrids or inbred lines —
a
for Basic Seed where the hybrid or inbred line to which the seed belongs has been officially accepted on a National List or the Common Catalogue — the name of this component, under which it has been officially accepted, with or without reference to the final variety, accompanied, in the case of hybrids or inbred lines which are intended solely as components for final varieties, by the word “component”;
b
for Basic Seed in other cases — the name of the component to which the Basic Seed belongs, which may be given in code form, accompanied by a reference to the final variety, with or without reference to its function (male or female), and accompanied by the word “component”;
c
for Certified Seed — the name of the variety to which the seed belongs, accompanied by the word “hybrid”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th July 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
25th July 1989
Peter Walker
Secretary of State for Wales
26th July 1989


text:
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 1989.
2
These Regulations shall come into force on 1st November 1989 and shall have effect for all the purposes of regulation 3 as from 1st September 1989.
3
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 28 (overtime)–
a
in paragraph (1) there shall be inserted after the words “two tours of duty” the words “or which forms part of a tour of duty which he is required to begin earlier than the rostered time without due notice and on a day when he has already completed his normal daily period of duty”;
b
in paragraph (7)–
i
there shall be inserted at the beginning of sub-paragraph (b) the words “subject to sub-paragraph (d),”,
ii
the word “and” at the end of sub-paragraph (b) shall be omitted, and
iii
there shall be inserted at the end of sub-paragraph (c) the following provision–
; and
d
where the time at which a member is required to begin a rostered tour of duty is brought forward without due notice and so that he is required to begin that tour on a day on which he has already completed his normal daily period of duty, the time for which he is on duty before the rostered commencement time–
i
shall be reckonable as overtime, and
ii
shall be taken into account as part of that tour of duty.
; and
c
in paragraph (8) there shall be inserted after the definition of “a day’s pay” the following provision–
“due notice” means notice given at least 8 hours before the revised starting time of the rostered tour of duty in question;
.
3
In regulation 57 (detective duty and detective expenses allowances)–
a
there shall be inserted after paragraph (2) the following paragraph–
2A
Such a member of the rank of superintendent shall be paid in addition a detective expenses allowance at the rate of £5 a week; and shall not be eligible for the reimbursement of expenses incurred in the execution of his duty in respect of any individual item of expenditure of £1.25p or less.
; and
b
in paragraph (3) there shall be substituted for the words “£1 a week” the words “£3 a week; and shall not be eligible for the reimbursement of expenses incurred in the execution of his duty in respect of any individual item of expenditure of 75 pence or less”.
4
In Schedule 5 (scales of pay)–
a
for tables A and B there shall be substituted respectively the tables set out in the Appendix to these Regulations;
b
in paragraph 2(2) the words “on or before 31st August 1988” shall be omitted; and
c
sub-paragraphs (2A) and (2B) of paragraph 2 shall be omitted.
5
In paragraph 1 of Schedule 11 (dog handler’s allowance) for the words “£663” in sub-paragraph (a) there shall be substituted the words “£723” and for the words “£903” in sub-paragraph (b) there shall be substituted the words “£987”.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd September 1989


text:
Title and commencement
1
This Order may be cited as the Testing of Poultry Flocks Order 1989 and shall come into force on 16th March 1989.
Interpretation
2
In this Order–
“ the Act ” means the Animal Health Act 1981;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“chick box liner” means any material used to line a box or other container in which chicks are transported from a hatchery to any rearing premises;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to an officer of the Minister, includes a veterinary inspector;
“laboratory” means any laboratory which has the necessary facilities and personnel for carrying out, and is willing to carry out, tests on samples mentioned in Part I of the Schedule to this Order in accordance with the provisions of Part II of that Schedule;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“poultry” means domestic fowls of any age;
“poultry flock” means any flock of poultry consisting of–
not less than 25 birds which are kept for the production of eggs for human consumption or breeding (including birds which are being reared to produce eggs for either of those purposes); or
less than 25 birds the eggs of which are sold for human consumption;
“rearing premises” means any premises on which 25 or more birds are being reared at any time for the production of eggs for human consumption or breeding;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
Taking of samples from poultry flocks for testing
3
It shall be the duty of the owner or person in charge of a poultry flock to ensure that–
a
samples are taken in respect of the flock in such manner as is specified in Part I of the Schedule to this Order and at such times as are so specified; and
b
such samples are submitted, within 24 hours of being taken, to a laboratory for testing for the presence of salmonella in accordance with the bacteriological method set out in Part II of that Schedule.
Testing of samples from poultry flocks and reporting of results of tests
4
1
It shall be the duty of the person in charge of a laboratory to which a sample has been submitted under article 3(b) above to ensure that–
a
the sample is tested for the presence of salmonella in accordance with the bacteriological method set out in Part II of the Schedule to this Order; and
b
the result of such a test is reported in writing as soon as practicable to the person who submitted the sample.
2
If a person to whom a report is made under article 4(1)(b) above is not the owner or person in charge of the flock in respect of which the sample was taken, he shall immediately pass that report to the owner or person in charge of that flock.
Keeping of records
5
The owner or person in charge of a poultry flock shall–
a
make a record of the result of any test carried out in accordance with article 3(b) above as soon as practicable after he has received a report of such result in accordance with article 4 above;
b
retain such record for a period of 3 years from the date of the test; and
c
produce such record to an inspector or officer of the appropriate Minister on demand being made by such person at any reasonable time during that period and allow a copy of it or an extract from it to be taken.
Offences
6
Any person who, without lawful authority or excuse, proof of which shall lie on him, contravenes or fails to comply with any provision of this Order commits an offence against the Act.
Local authority to enforce Order
7
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th March 1989.
John MacGregor
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th March 1989
Peter Walker
Secretary of State for Wales
15th March 1989