text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Preseli) Designation Order 1994 and shall come into force on 1st March 1994.
Interpretation
2
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“boulder” means a rock projecting partly or wholly above the surface of the land to a height of at least 0.1 metres and covering a minimum area above ground of 0.5 square metres;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land, other than land which is coastal belt, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“coastal belt” means land on cliff tops or coastal slopes comprising heath, where the vegetation consists primarily of dwarf shrubs, including ericoids and maritime species, or grassland which includes maritime grass species;
“conservation headland” means a strip of arable land comprising an area between a line running parallel to a field boundary at a distance of 2 metres from that boundary and another line running parallel to that boundary at a distance of at least 6 metres from that boundary and upon which, by the selective use of pesticides, beneficial insects and broadleaved weeds are allowed to survive;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic or organic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“hay meadow” means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus ;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predominantly of bent (Agrostis), fescue (Festuca), bracken (Pteridium aquilinum), purple moor grass (Molinia caerulea), mat grass (Nardus stricta), heather (Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus), cotton grass (Eriophorum) or deer grass (Trichophorum cespitosum) ;
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog, willow carr and, except insofar as such land is bordered by broadleaved woodland, coastal belt, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area within the Districts of Preseli Pembrokeshire and South Pembrokeshire in the County of Dyfed which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the area of land in the County of Dyfed designated by the Environmentally Sensitive Areas (Preseli) Designation Order 1994” dated 31st August 1993, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT.
Requirements and provisions of agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
Breach of requirements or provisions
5
An agreement shall include provisions 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 as a debt 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 arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors in accordance with the provisions of the Arbitration Act 1950 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, the Secretary of State shall make payments under an agreement at the rate of £25 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares the Secretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates —
a
£17 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares; and
b
£10 per annum for each hectare of land which exceeds 50 hectares.
3
Where an agreement includes land of the types to which paragraph 2 of Schedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates —
a
£20 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather;
d
£45 per annum for each hectare of wetland;
e
£5 per annum for each hectare of coastal belt;
f
£35 per annum for each hectare of hay meadow; and
g
£60 per annum for each hectare of buffer zone.
4
Where an agreement includes the additional provisions specified in Schedule 2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the following rates —
a
£25 per annum for each hectare of hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2;
b
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2;
c
£90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 3 of Schedule 2;
d
£65 per annum for each hectare of coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 2;
e
£20 per annum for each hectare of semi-natural rough grazings where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 2;
f
£85 per annum for each hectare of enclosed coastal belt where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in sub-paragraphs (3) to (5) of paragraph 4 of Schedule 2 and in paragraph 5 of that Schedule;
g
£90 per annum for each hectare of arable land which is suitable for the creation of conservation headlands and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 2;
h
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 2;
i
£70 per annum for each hectare of land which is suitable for reversion to hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 8 of Schedule 2;
j
£80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 9 of Schedule 2; and
k
£80 per annum for each hectare of land which is suitable for reversion to coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 10 of Schedule 2.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) above, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare,
subject to a maximum of 3 metres of field boundary per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
6
Subject to paragraph (7) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
7
The payments under paragraph (6) above shall not exceed a maximum of £4,000 per agreement.
John Redwood
Secretary of State for Wales
20th January 1994
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Comment Cablevision Wearside Partnership) Order 1994 and shall come into force on 15th November 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
10th October 1994


text:
Citation and commencement
1
These Regulations may be cited as the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30 September 1957 , as revised or re-issued from time to time;
“ADR mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with ADR; and
comply with the provisions relating to their manufacture which are required by ADR;
“approved” means approved in writing;
“approved carriage list” means the list described in regulation 4(1)(a) as revised inaccordance with regulation 4(2);
“approved method” shall be construed in accordance with regulation 4(1)(b);
“approved test” means a test approved for the purposes of regulation 6(1)(e)(i) by acompetent authority;
“approved testing laboratory” means a laboratory approved for the purposes of regulation 6(1)(e)(i) by a competent authority;
“carriage” means carriage by road or on a railway (in each case on a vehicle) and shallbe construed in accordance with regulation 3(2), and related words shall be construed accordingly;
“certificate holder” means the person whose name is included in or is identifiable from the ADR mark, the RID mark, the UN mark or, as the case may be, the joint ADR and RID mark;
“classification” in relation to dangerous goods shall be construed as a reference to the classification of those goods ascertained in accordance with regulation 5 and “classified” shall be construed accordingly;
“competent authority” means a person or organisation in any country which is for thetime being a competent authority for the purposes of —
the testing and certification of packagings;
the approval of tests and laboratories;
the certification of the completion of approved tests; and
the allocation of ADR marks, RID marks, UN marks and joint ADR and RID marks,
and for Great Britain the competent authority shall be the Secretary of State;
“consignor” shall be regarded as —
the person who, having a place of business in Great Britain, consigns (whether as principal or agent for another) dangerous goods for carriage; or
if no person satisfies the requirements of sub-paragraph (a) above, the consignee of dangerous goods insofar as that person has control over the carriage of those goods in Great Britain;
“danger sign” means the sign for dangerous goods shown in column 6 of Part I of Schedule 1 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;
“dangerous goods” means any —
explosives;
radioactive material;
goods named individually in the approved carriage list (other than when sodiluted or treated that they no longer have the hazardous properties of those goods); or
any other goods which have one or more of the hazardous properties,
and for the purposes of this definition “goods” means articles or substances;
“explosives” means explosive articles or explosive substances which —
have been assigned on classification in accordance with the Classification and Labelling of Explosives Regulations 1983 to Class 1; or
are unclassified;
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance; or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“factory” has the meaning assigned to it by section 175 of the Factories Act 1961 ;
“flash point” means the flash point of dangerous goods determined in accordance withthe appropriate approved method;
“freight container” means an article of transport equipment which is —
of a permanent character and accordingly strong enough for repeated use;
designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;
designed to be secured or readily handled or both, having corner fittings forthese purposes;
of a size such that the area enclosed by the outer bottom corners is either —
if the container is fitted with top corner fittings, at least 7 square metres, or
in any other case, at least 14 square metres,
and includes a container when carried on a chassis and a swap body but does not include a vehicle, packagings or any article of transport equipment designed solely for use in air transport;
“genetically-modified micro-organisms and organisms” means organisms and micro-organisms in which genetic material has been altered through genetic modification in a way that does not occur naturally;
“genetic modification” means the alteration of genetic material otherwise than by mating or natural recombination or both;
“goods named individually” in relation to the approved carriage list means those goods whose proper shipping names do not include either an asterisk or the letters “NOS”;
“harbour area” has the meaning assigned to it by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“hazardous properties” means any of the properties of dangerous goods shown in column 2 of Part I of Schedule 1 and determined in accordance with the appropriate approved method;
“intermediate bulk container” means a rigid, semi-rigid or flexible portable packaging which has a capacity of 3 cubic metres or less, which is designed for mechanical handling and which satisfies the requirements of regulation 6(1)(e);
“joint ADR and RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in ADR and RID to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with ADR and RID; and
comply with the provisions relating to their manufacture which are required by ADR and RID;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“package” means the package in which dangerous goods are carried and which is liable to be individually handled during the course of the carriage, and includes —
the receptacle containing the goods and any other packagings associated withit; and
the dangerous goods being carried,
but does not include —
a freight container, (other than one which is also a tank container with acapacity of 3 cubic metres or less);
a tank container with a capacity of more than 3 cubic metres; or
a skip, a vehicle or other article of transport equipment;
“packagings” means the receptacle and any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function;
“packing group” means the group to which dangerous goods with relevant properties are allocated in accordance with regulation 5;
“petroleum-spirit” has the meaning assigned to it by section 23 of the Petroleum (Consolidation) Act 1928 ;
“radioactive material” has the meaning assigned to it by section 1(1) of the Radioactive Material (Road Transport) Act 1991 ;
“railway” means a system of transport employing parallel rails which provide support and guidance for vehicles carried on flanged wheels, except any such system which —
is a tramway within the meaning of section 67(1) of the Transport and Works Act 1992 ; or
is operated wholly within a harbour area, factory, mine or quarry;
“receptacle” means a vessel or the innermost layer of packagings which is in contact with any dangerous goods therein and includes any closure or fastener;
“relevant properties” means the properties of dangerous goods which determine the packing group for those goods;
“RID” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to the Convention concerning International Carriage by Rail , as revised or re-issued from time to time (“ COTIF ”);
“RID mark” means a mark allocated by the competent authority for that mark, being a mark specified in RID to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with RID; and
comply with the provisions relating to their manufacture required by RID;
“road” means —
in relation to England and Wales, a road within the meaning of section 192(1) of the Road Traffic Act 1988 ; and
in relation to Scotland, a road within the meaning of the Roads (Scotland) Act 1984 ;
“road tanker” means a goods vehicle within the meaning of section 92 of the Transport Act 1968 which has a tank (in these Regulations referred to as a “carrying tank”) which is —
attached to the frame of the vehicle (whether structurally or otherwise) and (except when empty) is not intended to be removed from the vehicle; or
an integral part of the vehicle,
and includes a tube trailer; and any reference in these Regulations to the carrying tank of a road tanker shall, unless the context otherwise requires, be construed as a reference to each carrying tank attached to it or being an integral part of it as aforesaid;
“subsidiary hazard” means any hazard created by the hazardous properties of dangerous goods other than the most hazardous property;
“subsidiary hazard sign” means the sign for the subsidiary hazard of dangerous goodsshown in column 2 of Part I of Schedule 2 (which sign is further specified in Part II of that Schedule) and ascertained in accordance with regulation 5;
“the supply Regulations ” means the Chemical (Hazard Information and Packaging) Regulations 1993 ;
“swap body” means a freight container which is specially designed for carriage by rail and road only and is without stacking capability and top lift facilities;
“tank” means a tank which is —
used for the carriage of a liquid, gaseous, powdery or granular material ora sludge; and
so constructed that it can be securely closed (except for the purpose of relieving excess pressure) during the course of carriage;
“tank container” means a tank, whether or not divided into separate compartments, having a total capacity of more than 450 litres (other than an intermediate bulk container or the carrying tank of a road tanker or tank wagon) and includes a tube container and a tank swap body;
“tank swap body” means a tank which is specially designed for carriage by rail and road only and is without stacking capability;
“tank wagon” comprises a superstructure, consisting of one or more tanks (including their openings and closures), their items of equipment, and an underframe fitted with its own items of equipment (including running gear, suspension, buffing, traction, braking gear and inscriptions);
“tube container” means a group of gas cylinders connected together with a total capacity or more than 450 litres, fitted into a framework suitable for lifting on or off a vehicle and intended to be used for the carriage of compressed gases;
“tube trailer” means a trailer which has more than one gas cylinder structurally attached to, or forming part of, the trailer and which is intended to be used for the carriage of compressed gases;
“UN mark” means a mark allocated by the competent authority for that mark, being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it —
correspond with a design type which has been tested successfully in accordance with; and
comply with the provisions relating to their manufacture required by,
the United Nations Recommendations;
“UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the approved carriage list as a means of identification for dangerous goods;
“the United Nations Recommendations” means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G ( XXIII ) of 26th April 1957)) , as revised or re-issued from time to time;
“vehicle” means any conveyance which is used for carrying goods by road or by rail.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears;
3
Any reference in these Regulations to a document as revised or re-issued from time to time shall, for a period of 6 months after any such revision or re-issue, be a reference to either the document as it was immediately before that revision or re-issue took effect or the document as revised or re-issued.
Application of these Regulations
3
1
Subject to paragraph (2), these Regulations shall apply to and in relation to the carriage of any dangerous goods except where —
a
the carriage concerned is part of an international transport operation within the meaning of COTIF and the goods are packaged and labelled in accordance with the provisions of that Convention or of Regulations made under it;
b
the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of COTIF to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement;
c
the carriage concerned is part of an international transport operation within the meaning of article 1(c) of ADR and the carriage complies with the provisions of Annex A or Annex B or both to that Agreement;
d
the carriage concerned is part of an international transport operation which is subject to any special bilateral or multilateral agreement made under the terms of article 4.3 of ADR to which the United Kingdom is a signatory and conforms with any conditions attached to such an agreement;
e
the vehicle carrying the goods is not for the time being subject to the provisions of ADR by reason only that it is a vehicle belonging to, or under the orders of, the armed forces of a country which is a signatory to ADR;
f
the goods are being carried for or in connection with the carriage of those goods by sea and the goods are packaged and labelled in accordance with the appropriate provisions of the International Maritime Dangerous Goods Code issued by the International Maritime Organization , as revised or re-issued from time to time;
g
the goods are being carried for or in connection with the carriage of those goods by air and the goods are packaged and labelled in accordance with the appropriate provisions of the Technical Instructions for the Safe Transport of Dangerous Goods by Air issued by the International Civil Aviation Organization , as revised or re-issued from time to time;
h
the vehicle in which the goods are being carried is not being used for, or inconnection with, work;
i
the vehicle carrying the dangerous goods is delivering those goods —
i
between private premises and another vehicle situated in the immediate vicinity of those premises, or
ii
between one part of private premises and another part of those premises situated in the immediate vicinity of that first part;
j
the goods are being carried by or under the control of the emergency services to a suitable place solely in order that they can be re-packed or disposed of there, provided any packagings in which the goods are being carried are clearly marked to indicate that those goods are dangerous and sealed so as to prevent the goods from escaping;
k
the goods are a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;
l
the goods are being carried on a railway from one part of a harbour area, factory, mine or quarry to another part of that harbour area, factory, mine or quarry, as the case may be;
m
the goods are explosives;
n
the goods are live animals;
o
the goods are —
i
intended for use as animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970 as modified by regulation 19(1) of the Feeding Stuffs Regulations 1991 , and
ii
in a finished state intended for the final user;
p
the goods are —
i
intended for use as food within the meaning of section 1 of the Food Safety Act 1990 , and
ii
in a finished state intended for the final user;
q
the goods are —
i
intended for use solely as fuel in connection with the operation of the vehicle carrying the goods concerned, and
ii
being carried in a tank which forms part of or is permanently attached to that vehicle or is in a battery;
r
the goods are petroleum-spirit which is —
i
intended for use solely as fuel in any internal combustion engine,
ii
neither wholly nor partly for sale, and
iii
being carried in a receptacle which conforms with the requirements of —
aa
the Petroleum-spirit (Motor Vehicles, &c.) Regulations 1929 , or
bb
regulations 3 to 7 of the Petroleum-Spirit (Plastic Containers) Regulations 1982 ;
s
the goods are radioactive material other than radioactive material which meets the criteria of regulation 20(a) or (b) of the Radioactive Substances (Carriage by Road) (Great Britain) Regulations 1974 .
2
For the purposes of these Regulations, dangerous goods shall be deemed to be carried from the time when they are placed on a vehicle for the purpose of carrying them by road or on a railway until either —
a
they are removed from the vehicle; or
b
any receptacle containing the goods which is on the vehicle has been cleaned or purged so that any of the goods or their vapour which remain in the receptacle is not sufficient to cause a risk to the health or safety of any person,
and in either case whether or not the vehicle is on a road or, as the case may be, railway at the material time.
Meaning of and revisions to the approved carriage list and the approved methods
4
1
The Health and Safety Commission shall approve and publish for the purposes of these Regulations documents entitled —
a
“Information Approved for the Classification, Packaging and Labelling of Dangerous Goods for Carriage by Road and Rail”, hereinafter referred to as the “approved carriage list”, which shall contain —
i
a list of dangerous goods for which the Commission has approved the following information
aa
in column 1, the proper shipping name of the goods and other relevant information,
bb
in column 2, the UN number,
cc
in column 3, the code for the classification for carriage,
dd
in column 4, the code for any subsidiary hazard,
ee
in column 5, the emergency action code, if any,
ff
in column 6, the hazard identification number, if any,
gg
in column 7, whether the goods may be carried in tanks,
hh
in column 8, whether the goods may be carried in bulk,
ii
in column 9, the packing group, if any,
jj
in column 10, the code for any special provision, and
ii
explanatory notes and other material which are requisite for its use; and
b
“Approved Methods for the Classification and Packaging of Dangerous Goods for Carriage by Road and Rail” which shall contain —
i
the appropriate methods for ascertaining —
aa
the hazardous properties of dangerous goods in order of degree of hazard,
bb
the flash points of dangerous goods,
cc
the relevant properties of dangerous goods, and
dd
the suitability of packagings for dangerous goods, and
ii
explanatory notes and other material which are requisite for its use.
2
The Health and Safety Commission may approve a revision of either of the documents referred to in paragraph (1) and, when it does so, the Commission shall within 3 months of the date of that approval publish a notice specifying the revision, the date on which it was approved and the date on which it takes effect, which last-mentioned date shall be not less than 6 months after the date of the approval of the revision.
Classification and ascertainment of other particulars of dangerous goods
5
1
A person shall not consign dangerous goods for carriage unless the classification for those goods and the particulars specified in the following paragraphs of this regulation have been ascertained in accordance with those paragraphs.
2
In the case of goods which are named individually in the approved carriage list (subject to any special provisions relating to those goods in column 10 of the list) —
a
the classification shall be that specified in column 2 of table 1 in the explanatory notes to the approved carriage list for the classification code specified in the corresponding entry in column 1 of that table which code is indicated in column 3 of the entry for those goods in the list; and
b
the particulars to be ascertained are as follows —
i
the packing group, if any, specified in column 9 of the entry for those goods in the list, and
ii
the subsidiary hazards, if any, specified in column 2 of table 2 of the explanatory notes to the approved carriage list for the subsidiary hazard code specified in the corresponding entry in column 1 of that table, which code is indicated in column 4 of the entry for those goods in the list.
3
In the case of all other goods —
a
the classification shall be that specified in column 1 of Part I of Schedule 1 for the most hazardous property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method; and
b
the particulars to be ascertained are as follows —
i
the packing group, if any, shall be that specified in column 4 of Part I of Schedule 1 for the relevant property of the goods specified in the corresponding entry in column 2 of that Part, which property shall be determined in accordance with the appropriate approved method, and where there is more than one relevant property, the packing group shall be that group with the lowest number, except in the case of goods classified either as flammable solids because they are self-reactive substances or as organic peroxides, when the packing group shall be II , and
ii
the subsidiary hazards, if any, determined in accordance with the appropriate approved method.
4
In the case of all goods, other particulars to be ascertained are as follows —
a
the designation comprising one of the proper shipping names of the goods specified in column 1 for the entry for those goods in the approved carriage list together with additional information determined in accordance with the explanatory notes to the list;
b
the UN number specified in column 2 for the entry for the goods in the approved carriage list;
c
the danger sign shown in column 6 of Part I of Schedule 1 for the classification of the goods specified in the corresponding entry in column 1 of that Part; and
d
the subsidiary hazard sign, if any, shown in column 2 of Schedule 2 for each subsidiary hazard of the goods specified in the corresponding entry in column 1 of that Schedule.
5
In the case of goods which are not named individually in the approved carriage list, the entry for the goods in that list for the purpose of ascertaining the particulars in paragraph (4)(a) and (b) shall be that which most fully and accurately describes those goods.
Consignment of dangerous goods in packages
6
1
The consignor shall not consign any dangerous goods for carriage in packages unless those packages are suitable for that purpose, and in particular, unless —
a
the packages, and any packagings or pallets (or other devices which enable more than one receptacle containing dangerous goods to be handled as a unit) associated with the packages are designed, constructed, maintained, filled and closed so as to prevent any of the contents of those packages from escaping when subjected to the stresses and strains of normal handling and conditions encountered in carriage, except that this shall not prevent the fitting of a suitable safety device;
b
the packages, and any packagings or pallets (or other devices which enable more than one receptacle containing dangerous goods to be handled as a unit) associated with the packages are, insofar as they are likely to come into contact with the contents of those packages, made of materials which are liable neither to be adversely affected by those contents to the extent that a risk to the health or safety of any person is likely to be created nor, in conjunction with them, to form any substance which is likely to create such a risk;
c
where the receptacles are fitted with replaceable closures, those closures are designed so that the receptacles concerned can be repeatedly re-closed without their contents escaping;
d
any conditions relating to the packaging or packing of the goods specified in the explanatory notes to the approved carriage list opposite the special provision code for those goods, which code is indicated in column 10 of the entry for those goods in the list, are complied with; and
e
subject to paragraph (3) —
i
the packagings are of a design type which has been tested by an approved testing laboratory using approved tests,
ii
the competent authority which approved the tests referred to in head (i) of this sub-paragraph has issued a certificate confirming that they have been satisfactorily completed, and
iii
the packagings have been allocated an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark by a competent authority and bear that mark.
2
The consignor of any dangerous goods for carriage in packages shall ensure that —
a
the packagings referred to in sub-paragraph (e) of paragraph (1) are used in accordance with —
i
any conditions specified in the certificate issued by the competent authority, and
ii
the appropriate approved method; and
b
the marks referred to in head (iii) of that sub-paragraph are durable, legible and large enough to be readily visible.
3
Packagings shall not be required to meet the requirements of paragraph (1)(e) if —
a
they are gas cylinders or other receptacles containing goods which have been classified as flammable gas, toxic gas or non-flammable, non-toxic gas, together with any associated packagings;
b
they are tank containers;
c
they have a capacity exceeding 3 cubic metres;
d
they are individual receptacles containing goods which appear in or have a classification which is specified in column 1 of Schedule 3 —
i
insofar as they are within the packing group, if any, specified in the corresponding entry in column 2 of that Schedule, and
ii
in quantities not exceeding those specified in the corresponding entry in column 3 of that Schedule,
provided that the total gross mass of any package containing any receptacles such as are referred to above shall not exceed 30 kilogrammes;
e
the entry for the goods in the approved carriage list so indicates; or
f
in relation to particular dangerous goods, the appropriate approved method so indicates.
Use of marks on packagings
7
1
No person shall mark any packagings with a mark which is liable to be confused with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark.
2
No person shall mark any packagings with an ADR mark, a RID mark, a UN mark or a joint ADR and RID mark —
a
other than in accordance with any requirements specified by the competent authority in relation to that mark; and
b
without the authority of the certificate holder unless the mark is a duplicate of a mark the use of which by that person has been authorised by the holder.
Particulars to be shown on packages containing dangerous goods
8
1
Subject to paragraphs (3) and (4) and regulation 9, a consignor shall not consign dangerous goods for carriage in a package unless —
a
the package in which those goods are carried clearly shows in accordance withregulation 11 the particulars specified in paragraph (2) or permits those particulars when shown on the receptacle or on inner packagings to be clearly seen; and
b
any conditions relating to the particulars to be shown on that package specified in the explanatory notes to the approved carriage list opposite the special provision code for the goods in question, which code is indicated in column 10 of the entry for those goods in the list, are complied with.
2
The particulars required under paragraph (1)(a) shall be the following particulars ascertained in accordance with regulation 5 namely —
a
the designation of the goods;
b
the UN number (in all cases preceded by the letters “UN”);
c
the danger sign; and
d
the subsidiary hazard sign, if any.
3
In the case where two or more dangerous goods having the same classification or the same subsidiary hazard are consigned in a package in separate receptacles, nothing in paragraph (2) shall prevent a single danger sign or subsidiary hazard sign, as the case may be, from being shown for all the goods concerned.
4
In the case where dangerous goods are consigned in individual receptacles which, in accordance with regulation 6(3)(d), are not required to meet the requirements of regulation 6(1)(e), such receptacles shall not be required to show the particulars referred to in paragraph (1) and specified in paragraph (2) unless, subject to paragraph (5), they are consigned in a package containing 2 or more receptacles, in which case the package shall be required to show the particulars specified in sub-paragraphs (c) and (d) of paragraph (2).
5
Notwithstanding paragraph (4), where dangerous goods are consigned in a package containing 2 or more receptacles to a retail outlet the package shall not be required to show the particulars specified in sub-paragraphs (c) and (d) of paragraph (2) provided the goods therein are intended for consumption by individuals for the purposes of personal care or household use.
Derogations from regulation 9 of the supply Regulations and regulation 8 of these Regulations
9
1
Where a package would otherwise be required to show the particulars required by both regulation 9 of the supply Regulations and regulation 8 of these Regulations, it shall be sufficient compliance with those regulations if the package shows in accordance with regulation 11 the particulars specified in the following paragraphs of this regulation.
2
Except in the case of a pesticide, where the package consists only of a single receptacle, the specified particulars are the particulars required by paragraph (2)(a), (b), (c)(ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi) in the case of preparations) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.
3
Except in the case of a pesticide, where the package consists of one or more receptacles in outer packagings, the specified particulars are either the particulars required by paragraph (2) or the particulars required by regulation 8 of these Regulations.
4
In the case of a pesticide (whether the package consists only of a single receptacle or of one or more receptacles in outer packagings), the specified particulars are the particulars required by paragraph (3)(a), (b), (c)(i), (iii), (iv) and (vi) of regulation 9 of the supply Regulations and paragraph (2)(b), (c) and (d) of regulation 8 of these Regulations.
5
Where, to facilitate handling, a package consists of two or more smaller packages mounted on a pallet or similar device in such a way that the labels on those smaller packages can be clearly seen, then it shall be sufficient compliance with paragraph (3) or (4) if those smaller packages are labelled in accordance with the relevant paragraph.
6
In this regulation “pesticide” and “preparations” have the same meanings as in the supply Regulations.
Derogations from regulation 9 of the supply Regulations
10
1
Where a package is required to show the particulars required by regulation 9 of the supply Regulations, but is excepted from showing the particulars required by regulation 8 of these Regulations because it shows the particulars required by any of the transport rules specified in regulation 3(1)(a) to (g) it shall be a sufficient compliance with regulation 9 of the supply Regulations if the package shows the particulars specified in the following paragraphs of this regulation.
2
Where the package consists only of a single receptacle, the specified particulars are —
a
the particulars required by whichever of the transport rules is appropriate; and
b
the particulars required by paragraph (2)(a), (b), (c) (ii), (iii) and (iv) (or (3)(a), (b), (c)(i), (iii), (iv) and (vi)) of regulation 9 of the supply Regulations in accordance with regulation 11.
3
Where the package consists of one or more receptacles in outer packagings, the specified particulars are those required by whichever of the transport rules is appropriate.
Methods of marking or labelling packages
11
1
The particulars required to be shown by regulations 8 to 10 shall be —
a
displayed so that they can be read easily when the package is placed in an attitude in which it may normally be expected to be placed;
b
such that they stand out from their background so as to be readily noticeable;
c
either clearly and indelibly marked on the package or clearly and indelibly printed on a label which, subject to paragraph (2), is securely fixed to the package with its entire surface in contact with it; and
d
in English, except that (other than in the case of the designation of goods required to be shown in accordance with regulation 8) where goods are supplied to a recipient in another Member State, the particulars may be in an official language of that State.
2
Where it is not reasonably practicable to attach a label in accordance with paragraph 1(c) the label shall be attached in some other appropriate manner.
3
Subject to paragraph (4), danger and subsidiary hazard signs shall have a side length of at least 100 millimetres.
4
If the package is an awkward shape or so small that it is not possible to display the relevant sign in accordance with paragraph (3) the sign shall be as large as is practicable.
5
Where, by virtue of regulations 9 or 10, packages are permitted to be labelled in accordance with regulation 9 of the supply Regulations, those packages may be marked or labelled in accordance with regulation 14 of those Regulations.
Exemption certificates
12
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of person or any dangerous goods or class of dangerous goods from all or any of the requirements or prohibitions imposed by or under these Regulations, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a further certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced by it.
Defence
13
In any proceedings for an offence consisting of a contravention of these Regulations, it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Transitional defences
14
1
In any proceedings for an offence consisting of a contravention of these Regulations prior to 1st July 1995 it shall be a defence for the accused to prove that the goods were classified, packaged and labelled in accordance with the supply Regulations as in force immediately before these Regulations came into force.
2
In any proceedings for an offence consisting of a contravention of these Regulations on or after 1st July 1995 and before 1st January 1999, it shall be a defence for the accused to prove —
a
that the goods were classified, packaged and labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force, and
i
the goods have not been removed from their package or receptacle since then, and
ii
the label has not been altered or removed since then; and
b
that it was not reasonably practicable either —
i
to repackage and re-label the goods before they were consigned for carriage, or
ii
to consign the goods for carriage on a date earlier than they were in fact consigned.
3
In any proceedings for an offence consisting of a contravention of regulation 8(1) on or after 1st July 1995 and before 1st July 2005 in relation to the consignment of goods for carriage in gas cylinders, it shall be a defence for the accused to prove —
a
that the packages were labelled for carriage prior to 1st July 1995 in accordance with the supply Regulations as in force immediately before these Regulations came into force;
b
that the label has not been altered or removed since then; and
c
that the goods have no subsidiary hazards.
4
In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 in relation to the consignment of goods for carriage in metallic intermediate bulk containers or stainless steel or aluminium drums it shall be a defence for the accused to prove that the containers, or drums, whichever is the case, were manufactured less than 15 years prior to the date of consignment of the goods and before 1st July 1995.
5
In any proceedings for an offence consisting of a contravention of regulation 6(1)(e) on or after 1st July 1995 and before 1st January 1999, in relation to the consignment of goods for carriage in plastic packagings or metal packagings other than those specified in paragraph (4), it shall be a defence for the accused to prove that the packagings were manufactured less than 5 years prior to the date of consignment of the goods and before 1st July 1995.
Amendments.
15
1
Where a package is required to show particulars in accordance with these Regulations and shows such particulars, those particulars shall be deemed to satisfy the requirements of —
a
section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous substance by an Order in Council made under section 19 of that Act;
b
regulations 6 and 7 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 ;
insofar as those requirements require the package to be marked or labelled.
2
For sub-paragraph (2) of paragraph 14 of Part I of Schedule 1 to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 substitute the following sub-paragraph —
2
In this paragraph “dangerous substance” means any substance which falls within the definition of “dangerous goods” in regulation 2(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) other than explosives or radioactive material.
.
3
The Dangerous Substances in Harbour Areas Regulations 1987 shall be amended in accordance with Schedule 4.
4
In the Control of Asbestos at Work Regulations 1987 —
a
in regulation 18(3) for sub-paragraph (a) insert the following sub-paragraph —
a
where the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) apply, in accordance with those Regulations;
; and
b
in paragraph 1(1)(a) of Schedule 2, after the words “( S.I.1993 No. 1746) ” insert the words “and the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) ;”.
5
In regulation 7(3) of the Road Traffic (Carriage of Explosives) Regulations 1989 for the words “is dangerous for carriage within the meaning of the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I.1993 No.1746) ” substitute the words “falls within the definition of “dangerous goods” in regulation 2(1) of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) ”.
6
The Health and Safety (Enforcing Authority) Regulations 1989 shall be amended in accordance with Schedule 5.
7
The Dangerous Substances (Notification and Marking of Sites) Regulations 1990 shall be amended as follows —
a
In regulation 2(1) —
i
for the definition of “the 1993 Regulations” substitute ‘“the 1994 Regulations ” means the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I.1994 No.669) ;’,
ii
in the definition of “classification” for the words “regulation 7 of the 1993 Regulations” substitute the words “regulation 5 of the 1994 Regulations”, and
iii
in the definition of “dangerous substance” for the words “is dangerous for carriage within the meaning of the 1993 Regulations” substitute the words “falls within the definition of “dangerous goods” in regulation 2(1) of the 1994 Regulations”; and
b
in sub-paragraph (d) of paragraph 1 of Schedule 1 —
i
the words “supplied or” shall be deleted, and
ii
for the words “the 1993 Regulations” substitute the words “the 1994 Regulations”.
8
For sub-paragraph (b) of the definition of “explosives” in regulation 2(1) of the Packaging of Explosives for Carriage Regulations 1991 substitute the following sub-paragraph —
b
have not been classified under the 1983 Regulations or under regulation 5 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (S.I. 1994 No.669) ;
9
The Road Traffic (Carriage of Dangerous Substances in Packages etc. ) Regulations 1992 shall be amended in accordance with Schedule 6.
10
The Road Traffic (Carriage of Dangerous Substances in Road Tankers and Tank Containers) Regulations 1992 shall be amended in accordance with Schedule 7.
11
The Road Traffic (Training of Drivers of Vehicles Carrying Dangerous Goods) Regulations 1992 shall be amended in accordance with Schedule 8.
12
The supply Regulations shall be amended in accordance with Schedule 9.
Signed by the Authority of the Secretary of State for Transport.
Roger Freeman
Minister of State,
Department of Transport
9th March 1994


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


text:
1
This Order may be cited as the Value Added Tax (Tax Free Shops) Order 1994 and shall come into force on 1st April 1994.
2
1
Group 15A (Tax Free Shops) of Schedule 5 to the Value Added Tax Act 1983 shall be amended as follows.
2
For item 1 there shall be substituted the following —
1
The supply, by a person in the course of carrying on business in a tax free shop, to a traveller making a relevant journey of goods which are of either of the following descriptions —
a
goods not included in the first column of the following table which do not exceed a value of £71 in aggregate and which are to be carried in the traveller’s personal luggage; or
b
goods included in the first column of the following table which do not exceed the quantities set out in the second column of that table and are to be carried in the traveller’s personal luggage.
Goods Quantity
Alcoholic beverages —
a
with an alcoholic strength of more than 22% by volume
a total of 1 litre
or
with an alcoholic strength of not more than 22% by volume, fortified wines and sparkling wines (including made-wines)
a total of 2 litres
b
still wines (including made-wines)
a total of 2 litres Perfume and Toilet Water Perfume 60 ml Toilet Water 250 ml Tobacco Products Cigarettes 200 or Cigarillos 100 or Cigars 50 or Smoking tobacco 250 grammes
3
In note (1) for “£36” there shall be substituted “£71”.
Irvine Patnick
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1994


text:
1
This Order may be cited as the Export of Goods (Control) Order 1994 (Amendment No.3) Order 1994 and shall come into force on 10th November 1994.
2
The Export of Goods (Control) Order 1994 shall be further amended as follows: —
a
article 3 shall be amended as follows: —
i
in sub-paragraph (e)(i)(bb)(iii), for the word “and” there shall be substituted the word “or”;
ii
the words “Permitted ships' stores” to the end shall be deleted;
b
after article 3 there shall be inserted the following:
Permitted ships' stores
3A
Nothing in this Order shall be taken to prohibit the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship provided that all conditions attaching to the said permission are complied with.
Goods in transit
3B1
Nothing in this Order shall be taken to prohibit the exportation of any goods, other than goods of a description specified in Group 1 of Part I of Schedule 1 hereto or goods to which Part II of Schedule 1 hereto applies, which have been imported into the United Kingdom for transit or transhipment to any destination other than
i
a destination in Iran, Iraq, Libya, North Korea, Serbia or Montenegro, the United Nations Protected Areas in Croatia or those areas of Bosnia-Herzegovina under the control of the Bosnian-Serb forces, or
ii
in the case of goods of a description specified in Group 1 of Part III of Schedule 1 hereto, a destination in any country specified in Schedule 3 hereto,
provided that the conditions in paragraph 2 below are met.
2
The conditions are that
i
the goods remain on board a ship or aircraft for the period that they remain in the United Kingdom or are goods on a through bill of lading or through air waybill and in any event are exported within 30 days of their importation;
ii
the destination for those goods following exportation from the United Kingdom has been determined in the country from which they were originally exported prior to their original exportation in connection with the transaction which has given rise to transit or transhipment and has not been changed prior to their exportation from the United Kingdom, or the goods are being returned to that country; and
iii
the goods in question were exported from that country in accordance with any laws or regulations relating to the export of goods applying therein at the time of exportation therefrom of those goods.
;
c
in Group 1 of Part III of Schedule 1 —
i
in entry ML4 sub-head a., the words “military pyrotechnics” shall be inserted after the words “demolition-kits”;
ii
in entry ML8,
aa
the words “and devices containing any of the following except those specified elsewhere in this Group” shall be deleted;
bb
in sub-head e. the words “40.Tris vinoxy propane adduct ( TVOPA );” shall be deleted; and
iii
in entry PL5017, after the word “equipment” there shall be inserted the words “and test models”;
d
in Group 3 of Part III of Schedule 1 —
i
in the Note to the definition of composite theoretical performance, in Step 3 of the calculation method (CTP for aggregations of CE's, including CPU's), for the words “in the case of TPi+TPi+l from the largest to smallest” there shall be substituted the words “in the case of TPi = TPi+l from the largest to smallest;”;
ii
in entry 1B115
aa
for the words “in entry 1C115” there shall be substituted the following: “in entry 1C115 of this Group or in entry ML8 a.l., ML8 a.2., ML8 a.3., ML8 a.5., ML8 a.6., ML8 a.7., ML8 a.18., ML8 a.19., ML8 a.20., ML8 d., ML8 e.10., ML8 e.11., ML8 e.18., ML8 e.22., ML8 e.29., ML8 e.32., ML8 e.39. or ML8 e.41 of Group 1 except equipment described in entry ML18 a. of that Group”; and
bb
for the word “Note” there shall be subsituted the word “Notes”, the existing Note shall be re-numbered “1.” and immediately after that Note there shall be added the following:
2
This entry includes fluid energy mills capable of processing ammonium perchlorate, cyclotetramethylenetetranitramine ( HMX ) or cyclotrimethylenetrinitramine ( RDX ).
;
iii
in entry 1C350 for the word “preparations” wherever it occurs there shall be substituted the word “mixtures”;
iv
for entry 1C352 sub-head b. there shall be substituted the following:
b
Mycoplasma mycoides, whether natural, enhanced or modified, either in the form of isolated live cultures or as material including living material which has been deliberately inoculated or contaminated with such Mycoplasma mycoides.
;
v
in entry 5A001 sub-head e.1.b., the words “specified by the manufacturer as being” shall be inserted immediately before the word “capable”;
vi
in entry 6A005 sub-head f.2., for the words “with specified lasers” there shall be substituted the words “with lasers specified in this entry”; and
vii
after Schedule 2 there shall be inserted the following:
SCHEDULE 3
LIST OF COUNTRIES REFERRED TO IN ARTICLE 3B1.(ii).
Article 3B
Angola
Armenia
Argentina
Azerbaijan
China
Liberia
Myanmar
Nigeria
Rwanda
Somalia
Sudan
Syria
Republic of Yemen
those territories recognised by Her Majesty’s Government in the United Kingdom as having been comprised within the Socialist Federal Republic of Yugoslavia on 25th September 1991 which are not specified in article 3B1.(i).
Zaire
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
19th October 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sprint Holding (UK) Limited) Order 1994 and shall come into force on 3rd June 1994.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry
28th April 1994


text:
1
1
This Order may be cited as the A406 Trunk Road (Golders Green Road/Brent Street Junction Improvement, Trunk Road) Order 1994 and shall come into force on 3rd February 1994.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order (the highway along this route being in this Order referred to as “the new trunk road”) shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered LRO 64/14/2/01-1, marked “The A406 Trunk Road (Golders Green Road/Brent Street Junction Improvement, Trunk Road) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.
The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
I. Yass
Regional Director London Region
Department of Transport
10th January 1994


text:
1
This Order may be cited as the British Citizenship (Designated Service) (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
In the Schedule to the British Citizenship (Designated Service) Order 1982 (which specifies descriptions of service designated for the purposes of section 2 of the British Nationality Act 1981) —
a
paragraphs 10 and 12 shall be deleted;
b
in paragraph 13 the words “10” and “12” shall be deleted; and the words “16 to 18” inserted after the words “11 and”; and
c
after paragraph 14 there shall be inserted —
15
Service under the Customs Co — operation Council.
16
Service under the Biotechnology and Biological Sciences Research Council.
17
Service under the Engineering and Physical Sciences Research Council.
18
Service under the Particle Physics and Astronomy Research Council.
.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
5th March 1994


text:
1
This Order may be cited as the Water Byelaws (Loch an Sgoltaire) Extension Order 1994 and shall come into force on 10th December 1994.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Loch an Sgoltaire) Byelaws 1985 are to remain in force is hereby extended to 11th December 1995.
T D Macdonald
Deputy Chief Engineer, The Scottish Office
The Scottish Office Environment Department,
27 Perth Street,
Edinburgh
29th November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2)), there shall be substituted the amount specified in relation to it in column (4).
Transitional provisions
3
Where, on or after 1st April 1994 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 8 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be,that grant as if regulation 2 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redbridge Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Redbridge and Waltham Forest Health Authority;
“the Trust” means the Redbridge Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th September 1994


text:
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Maternity (Compulsory Leave) Regulations 1994 and shall come into force on 19th October 1994.
2
In these Regulations “childbirth” means the birth of a living child or the birth of a child whether living or dead after twenty-four weeks of pregnancy.
Maternity Leave
2
An employee entitled to maternity leave in accordance with Part III of the Employment Protection (Consolidation) Act 1978 , shall not work, or be permitted by her employer to work, during the period of two weeks which commence with the day on which childbirth occurs.
Enforcement and Offences
3
1
Subject to paragraph (2) below, the enforcement and offences provisions of the Health and Safety at Work etc Act 1974 and the provisions of the Health and Safety (Enforcing Authority) Regulations 1989 shall apply to the prohibition imposed upon an employer by regulation 2 above as if the prohibition had been imposed by regulations made under section 15 of that Act.
2
An employer guilty of an offence consisting of a breach of a prohibition imposed on him by regulation 2 above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Signed by order of the Secretary of State.
James Paice
Parliamentary Under Secretary of State,
Department of Employment
21st September 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1994 and shall come into force on 12th September 1994.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and references to column 1 or 3 of the Schedule shall be construed as including a reference to the note or, as the case may be, notes to the column in question.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc , as is mentioned in any entry in column 1 of the Schedule —
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 1994, as the net annual income from that unit of production in that period shall be the amount specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1993 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd August 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State for Wales
5th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 3) Order 1994 and shall come into force at 20.00 hours on 29th July 1994.
2
In this Order “cockles” means Cerastoderma, “mussels” means Mytilus Edulis, “razor clams” means Ensis s.p.p.and “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis and “relevant time” means one minute past midnight on 29th July 1994.
Designated circumstances
2
In the opinion of the Secretary of State, cockles, mussels, razor clams and scallops in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any cockles, mussels, razor clams or scallops in the designated area.
Prohibited movement of cockles, mussels, razor clams or scallops
5
No person shall move any cockles, mussels, razor clams or scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any cockles, mussels, razor clams or scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any cockles, mussels, razor clams or scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any cockles, mussels, razor clams or scallops which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
29th July 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 of these Regulations shall apply as from 1st July 1994 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.
Amendments relating to motor cycle noise and silencers
3
1
In regulation 4(4) —
a
in items 1, 2 and 3 of the Table, for the expression “, 53 and 57(3) and (4)” in each place where it occurs, there shall be substituted “and 53”;
b
in item 4 of the Table, the expression “, 57(3), and (4)” shall be omitted; and
c
in item 5 of the Table, the words “except regulations 57(3) and (4)” shall be omitted.
2
For the heading “Silencers” immediately preceding regulation 54 there shall be substituted “Silencers-general”.
3
In regulation 54(2) for the words “shall not be altered” there shall be substituted the words “shall not after the date of manufacture be altered”.
4
In regulation 55(6), for the words “regulations 56(2)(a) and 57(1A)(a)” there shall be substituted the words “regulation 56(2)(a) and Schedule 7A”.
5
For regulation 57 there shall be substituted the provisions set out in Schedule 1 to these Regulations.
6
In regulation 58(2), in sub-paragraph (d), for the words “specified in regulation 57(1A) and (2A)” there shall be substituted the words “of item 1 or 2 of the Table in Part I of Schedule 7A”.
7
In regulation 59, for “57(1A) and (2A)” there shall be substituted “57, 57A, 57B”.
8
After Schedule 7 there shall be inserted the Schedule set out in Schedule 2 to these Regulations.
Amendments to Schedule 2
4
In Table I of Schedule 2, item 56A shall be re-numbered 56AA and after item 56 there shall be inserted the following item —
56A 89/235 13.3.89 L98, 11.4.89. p.1 The permissible sound level and exhaust systems of motor cycles 78/1015 amended by 87/56 — —
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
10th January 1994


text:
Citation and commencement
1
1
This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (Amendment) Order 1994 and shall come into force on 1st June 1994.
Interpretation
2
In this Order —
“the principal Order ” means the Education (Inner London Education Authority) (Property Transfer) Order 1990 .
Amendment of the principal Order
3
1
The property known as Grafham Grange School, Bramley, Near Guildford, Surrey, GU5 0LH (which property was transferred to the London Borough of Lewisham by article 4 of and Schedule 9 to the principal Order) shall not be treated for the purposes of condition C specified in the principal Order as having ceased to be used wholly or mainly for the purposes of Lewisham’s LEA functions if, at any time when it is not so used, it is used for the purposes of a special school which is not maintained by a local education authority.
2
The proposed or actual disposal by Lewisham of any interest in the property to persons intending to use it for such purposes shall not be taken for the purposes of condition C to indicate a wish to dispose of the property.
Eric Forth
Parliamentary Under Secretary of State
Department for Education
9th May 1994


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 1994 and shall come into force on 9th January 1995.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to the provisions of the following sub-paragraphs, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1994 substitute the Table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1994 as substituted by sub-paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1994 having effect before the substitution under sub-paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
16th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Avon Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the Bristol and District Health Authority;
“the Trust” means the Avon Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 12th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mount Vernon and Watford Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mount Vernon and Watford Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mount Vernon and Watford Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Mount Vernon Hospital, Rickmansworth Road, Northwood, Middlesex HA6 2RN, Watford General Hospital, Vicarage Road, Watford, Herts WD1 8HB and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South West Hertfordshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South West Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South West Hertfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
1
This Order may be cited as the A1 Trunk Road (Haringey) Red Route Traffic Order 1993 Variation Order 1994, and shall come into force on 12th December 1994.
2
The A1 Trunk Road (Haringey) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In article 2–
a
for paragraph (4)(a), substitute the following paragraph–
a
if the Schedule is Schedule 1 or 4, a reference to every part of the length of road described in a single paragraph in the Schedule or a Part of the Schedule in question;
;
b
in paragraph (4)(b), for the words “2, 3 or 4” substitute the words “2 or 3”, and for the word “carriageway” substitute the word “road”.
4
In article 4, in paragraph (4)(b), for the words “2 hours” in both places where they occur substitute the words “3 hours”.
5
In article 7, after sub–paragraph (e), add the following sub–paragraph–
or
f
a vehicle which bears the Royal Mail livery to wait at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
.
6
In Schedule 4,
a
for paragraph 8 substitute the following paragraph–
8
Between its junction with the south eastern kerbline of Northwood Road and a point 20 metres south–eastwards of the party wall of Nos 204 and 206 Archway Road
, and
b
after paragraph 16, insert the following paragraphs–
16A
Between a point 10 metres north west of the north western kerbline of Causton Road and a point level with the party wall of Nos 187 and 189 Archway Road.
16B
Between a point level with the party wall of Nos 179 and 181 Archway Road and a point level with the party wall of Nos 175 and 177 Archway Road.
.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
15th November 1994


text:
Citation and commencement
1
This Order may be cited as the British Railways Act 1990 (Arpley Chord) (Extension of Time) Order 1994 and shall come into force on 20th April 1994.
Extension of time for the compulsory purchase of certain land
2
1
The period now limited by section 28 of the British Railways Act 1990 (“the 1990 Act ”) for the compulsory purchase of the land mentioned in paragraph (2) below is hereby extended until and including 31st December 1999.
2
The land referred to in paragraph (1) above is the land authorised to be purchased by section 25 (purchase of land) or 26 (purchase of rights over land) of the 1990 Act for the purposes of Work No. 5 (Railway at Warrington) authorised by section 5 of the 1990 Act.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary,
Department of Transport
30th March 1994


text:
PART I
GENERAL
Citation, Entry into Force and Revocation
1
1
This Order may be cited as the European Molecular Biology Laboratory (Immunities and Privileges) Order 1994 and shall come into force on the date on which the Agreement between the Government of the United Kingdom of Great Britain and Northern Ieland and the European Molecular Biology Laboratory concerning the European Bioinformatics Institute (hereinafter referred to as the Agreement) enters into force. That date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The European Molecular Biology Laboratory (Immunities and Privileges)Order 1974 is revoked.
Interpretation
2
In this Order:
a
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
b
“ Laboratory Agreement ” means the Agreement establishing the European Molecular Biology Laboratory signed at Geneva on 10th May 1973 , and any amendments thereto;
c
“ Laboratory ” means the European Molecular Biology Laboratory;
d
“ Institute ” means the European Bioinformatics Institute established by the Council ;
e
“ Government ” means the Government of the United Kingdom;
f
“members of staff” means the members of the personnel of the Laboratory, as defined by the Laboratorys Staff Rules and Regulations assigned to work at the Institute in the United Kingdom;
g
“established members of staff” means the established members of the personnel of the Laboratory, as defined by the Laboratorys Staff Rules and Regulations assigned to work at the Institute in the United Kingdom;
h
“ Representatives of Member States ” means heads of delegations of Member States, their alternates and advisers participating in meetings convened by the Institute or by the Laboratory at the Institute;
i
“ Member State ” means a State Party to the Laboratory Agreement;
j
“ Director-General ” means the Director-General of the Laboratory or the person referred to in paragraph 1(b) of Article VII of the Laboratory Agreement;
k
“official activities of the Institute” includes its administrative activities and those undertaken in pursuance of the purposes of the Institute;
l
“Council” means the Council of the Laboratory.
PART II
THE LABORATORY
3
The Laboratory is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Laboratory shall have the legal capacities of a body corporate.
5
1
Within the scope of the official activities of the Institute, the Laboratory shall enjoy immunity from suit and legal process except that the immunity of the Laboratory shall not apply —
a
to the extent that the Laboratory shall have expressly waived such immunity in a particular case;
b
in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Laboratory or in respect of a motor traffic offence involving such a vehicle;
c
in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;
d
in respect of contracts (other than those concluded in accordance with the Staff Rules and Regulations) which do not include an arbitration clause as referred to in Article 21 of the Agreement;
e
in respect of the enforcement of an arbitration award made under Article 21 or 24 of the Agreement;
f
in respect of an attachment order against the salaries, wages and emoluments owed by the Laboratory to a member of staff;
g
in respect of any counter-claim directly connected with court proceedings initiated by the Laboratory.
2
The provisions of the preceding paragraph shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Laboratory in so far as they may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to, or operated on behalf of, the Laboratory.
6
The archive of the Laboratory shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
7
Within the scope of the official activities of the Institute, the Laboratory, its property, assets and income shall have exemption from taxes on income and capital gains.
8
The Laboratory, within the scope of the official activities of the Institute, shall have the like relief from rates on the premises of the Institute as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The Laboratory shall have exemption from duties (whether of customs or excise) and taxes on the importation by it or on its behalf of goods necessary for the exercise of the official activities of the Institute and on the importation of any publications of the Laboratory imported by it or on its behalf, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Laboratory shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Laboratory and necessary for the exercise of the official activities of the Institute and in the case of any publications of the Laboratory imported or exported by it.
11
The Laboratory shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is necessary for the exercise of the official activities of the Institute, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Laboratory shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax paid on the supply of any goods or services of substantial value which are necessary for the official activities of the Institute, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
13
1
Except in so far as in any particular case any privilege or immunity is waived by the Member State which they represent, representatives of Member States shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting —
a
immunity from suit and legal process, even after the termination of their mission, in respect of acts, including words spoken and written, performed by them in their official capacity and within the limits of their authority; except in the case of a motor traffic offence committed by a representative of a Member State, or in the case of damage caused by a motor vehicle belonging to or driven by such a representative;
b
the like inviolability for all their official papers and documents as is accorded to diplomatic agents.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their alternate representatives and advisers.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on any member of the family of a representative, alternate representative or adviser.
4
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the delegation of such a representative.
PART IV
MEMBERS OF STAFF
Director-General
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Council, the Director-General shall enjoy —
a
the like immunity from suit and legal process, the like inviolability of residenceand the like exemption or relief from taxes (other than income tax in respect of his emoluments and duties and taxes on the importation of goods) as are accorded to or in respect of a diplomatic agent;
b
the like exemption or relief from being liable to pay anything in respect of council tax as is accorded to or in respect of a diplomatic agent;
c
the like exemption from duties and taxes on the importation of articles imported for his personal use, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
d
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
e
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) or value added tax paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by him or on his behalf and which is for his personal use or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements,
provided that this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas), or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of any officer to whom this Article applies.
Members of Staff
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Director-General, the members of staff shall enjoy:
a
immunity from suit and legal process, even after they have left the services of the Laboratory, in respect of acts, including words written and spoken, performed by them in their official capacity and within the limits of their authority; this immunity shall not apply, however, in the case of a motor traffic offence committed by a member of staff of the Laboratory, nor in the case of damage caused by a motor vehicle belonging to or driven by a member of staff;
b
unless they are United Kingdom nationals or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor vehicle each) which —
i
at or about the time when they first enter the United Kingdom to take up their posts as officers of the Laboratory are imported for their personal use, and
ii
are articles which were in their ownership or possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
2
The privileges and immunities set out in paragraph 1 of this Article shall not apply to locally recruited members of staff in the domestic service of the Laboratory.
16
1
As from the date on which an internal effective tax for the benefit of the Laboratory on the salaries and emoluments paid to him by the Laboratory is applied, any member of staff of the Laboratory shall enjoy exemption from income tax in respect of such salaries and emoluments, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.
2
Paragraph (1)
of this Article shall not apply to pensions or annuities paid by the Laboratory.
17
Provided that the Laboratory has established a social security scheme, which the Secretary of State considers to provide adequate benefits, the Director-General andthe established members of staff of the Laboratory shall enjoy exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered for the Laboratory by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Possibilities National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th March 1994.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the New Possibilities National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
9th February 1994